Muslim

Hadith Commentary:
1.
The command of Allah, the Exalted, is:
﴿وَيَسْأَلُونَكَ عَنِ الْمَحِيضِ ۖ قُلْ هُوَ أَذًى فَاعْتَزِلُوا النِّسَاءَ فِي الْمَحِيضِ ۖ وَلَا تَقْرَبُوهُنَّ حَتَّىٰ يَطْهُرْنَ ۖ﴾ “And (O Prophet sallallahu alayhi wa sallam), they ask you about menstruation. Say: It is a harm, so keep away from women during menstruation, and do not approach them until they are purified.” (al-Baqarah 2/222)

From this explicit text of the Noble Qur’an, there is a command for separation (i‘tizal) from women during menstruation and for refraining from approaching them. So how can it be permissible to lie with them in this state? The answer is that the Qur’an alone is not sufficient for establishing the rulings of the Shari‘ah until the statements of the possessor of the Qur’an (i.e., the Prophet sallallahu alayhi wa sallam) are combined with it.

To derive Shari‘ah rulings from the Qur’an alone is a grave mistake.

In this matter, reliance cannot be placed solely on the explicit text of the Qur’an; from the ahadith it becomes clear what is meant by separation and refraining from approach. The Messenger of Allah sallallahu alayhi wa sallam defined the meaning of the verse in these words:
“Let the menstruating woman stay in the house; you are permitted everything except intercourse.” (Sunan Abi Dawud, Kitab al-Nikah, Hadith: 2165)

The aforementioned hadith has been further clarified by Umm Salamah radi Allahu anha, who explained that sitting, eating, drinking, lying with the menstruating woman—in short, all forms of enjoyment except intercourse—are permitted.

Its complete explanation has already been given previously.

Hadith Commentary:
Shariah is the name of an easy and comprehensive law, which necessarily relates to every aspect of life. The relationship between husband and wife is evident, and for this reason, during the state of fasting, it has been permitted to kiss one’s wife, provided that those who kiss have complete control over their desires. Therefore, young people are not permitted to kiss, as their desires tend to dominate them. However, if there is no such fear, then it is permissible.

Hadith Commentary:
(1)
There are differing opinions regarding a fasting person kissing his wife:
Some have distinguished between being young and old, while others have made self-control the criterion.
Imam Nawawi rahimahullah states that it is not unlawful (haram) for a fasting person to kiss his wife, provided that it does not arouse any sexual desire; however, it is better to abstain from it.
And for a person in whom kissing may arouse desire, this act is unlawful (haram) for him.
And if ejaculation (inzal) occurs during kissing and caressing, then his fast is invalidated, and he must make it up (qada) later.
(Fath al-Bari: 4/195)
Once, Umar ibn Abi Salamah radi Allahu anhu asked the Messenger of Allah sallallahu alayhi wa sallam whether a fasting person could kiss his wife. He pointed towards Umm Salamah radi Allahu anha and said:
"Ask her."
She informed that the Messenger of Allah sallallahu alayhi wa sallam would do so with us.
He said:
"O Messenger of Allah! Allah has forgiven all your past and future sins."
He (the Prophet) replied:
"I am the one among you who fears Allah the most."
(Sahih Muslim, Kitab al-Siyam, Hadith: 2288(1108))

(2)
From this narration, it is understood that kissing and caressing one’s wife while fasting is not a unique characteristic (khasais) of the Messenger of Allah sallallahu alayhi wa sallam; rather, self-control is necessary.
And Allah knows best.

Hadith Commentary:
Vocabulary of the Hadith:

Al-‘ā’il, ‘aylah:
Derived from (poverty and need),
meaning destitute and needy.

Benefits and Issues:
Sin and crime are sins and crimes for everyone,
but some people, due to a certain reason, necessity, motive, or incitement, are compelled to commit them.
Therefore, there is less anger and regret towards them.
However, some people,
without any reason or necessity, and without any motive or need, commit these acts merely by considering sin and crime as insignificant and trivial, and thus, there is greater anger towards them.
An old man,
a ruler, and a poor and destitute person commit these crimes,
even though within them there is no need for this act,
nor is there any motive or incitement prompting them.
An old man who is lustful has already passed the stage of being overpowered by desire,
a king has no fear or danger from anyone for which he would need to lie,
a poor and destitute person does not possess that wealth and riches which drive a person out of control,
and it is the wealthy who, relying on their wealth, often fall prey to arrogance.
Therefore, these people, without excuse or reason, consider disobedience and sin against Allah as insignificant, and, being heedless of it, act stubbornly in committing such acts.
For this reason, their accountability will be severe.
Today, those in authority and power are generally entangled in all three of these crimes,
yet despite this, they are considered the leaders and guides of the Muslims, and people accept them as leaders,
as if these are not crimes at all.