Nasai

369. Commentary: See Hadith: 289 and its benefits and issues.

258. Commentary:
➊ The Prophet sallallahu alayhi wa sallam is the explainer and interpreter of the Qur’an. In the aforementioned statement, he sallallahu alayhi wa sallam clarified the correct legal meaning of «فَاعْتَزِلُوا النِّسَاءَ فِي الْمَحِيضِ», and the Qur’an cannot be understood separately from the hadith.
➋ Opposition to the disbelievers, innovators, and atheists was not sought merely for its own sake; rather, their opposition should be within the limits of the Qur’an and Sunnah.
➌ The displeasure of the Messenger of Allah sallallahu alayhi wa sallam was not due to personal grievances, and the scholars of truth should also be like this.

Ruling on Intercourse Before Ritual Bath (Ghusl) After Cessation of Menstruation

The statement of Allah, the Exalted, is:
«فَاعْتَزِلُوا النِّسَاءَ فِي الْمَحِيضِ وَلَا تَقْرَبُوهُنَّ حَتَّى يَطْهُرْنَ فَإِذَا تَطَهَّرُنَ فَأْتُوهُنَّ مِنْ حَيْثُ أَمَرَكُمُ اللهُ» [البقرة: 222]
“Keep away from women during menstruation and do not approach them until they are purified. But when they have purified themselves, then go to them as Allah has commanded you.”

In this verse, two instances of purification are mentioned regarding intercourse with a menstruating woman, i.e., «حتى يطهرن» and «فإذا تطهرن». The first purification, by consensus, refers to the cessation of menstruation itself, but there is a difference of opinion regarding the second purification—whether it refers to the ritual bath (ghusl) or merely the cessation of menstruation.

(Ibn Abbas)
While interpreting this verse, he states that «حتي يطهرن» “i.e., when they are purified from blood.” «فإذا تطهرن»
“i.e., when they attain purification with water.”

[تيسير العلى القدير 181/1]

(Ibn Kathir rahimahullah)
The scholars have expressed consensus that when the menstrual blood ceases from a woman, she does not become lawful (for her husband) until she performs the ritual bath (ghusl) with water, or, in case of necessity, performs dry ablution (tayammum). [تفسير ابن كثير - بتحقيق عبد الرزاق مهدى 522/1]

(The Majority, Malik rahimahullah)
It is not permissible for the husband to have intercourse with a menstruating woman until she attains purification with water. [تفسير فتح القدير 226/1]

(Mujahid rahimahullah, Ikrimah)
The mere cessation of blood makes the woman lawful for her husband, but she will perform ablution (wudu). [أيضا]

(Abu Hanifah rahimahullah, Abu Yusuf, Muhammad rahimahullah)
If the blood ceases after ten days, then intercourse and intimacy are permissible even before the ritual bath (ghusl). However, if the blood ceases before ten days, then intercourse is not permissible until she performs the ritual bath or the time for prayer enters.

(Ibn Hazm rahimahullah)
Intercourse is valid even without the ritual bath (ghusl). [المحلى بالآثار 391/1]

(Albani rahimahullah)
He holds the same view. [آداب الزفاف ص 47]

(Qurtubi)
While interpreting this verse, he writes that «فإذا تطهرن» i.e., those women attain purification with water (i.e., ritual bath). [تفسير قرطبي 88/2]

(Shawkani rahimahullah)
He has interpreted «تطهرن» to mean ritual bath, and has declared intercourse before the ritual bath to be unlawful. [تفسير فتح القدير 226/1]

(Preferred Opinion)
The view of the majority is preferred because the most apparent meaning of «تطهرن» is ritual bath (ghusl), and when both permissibility and prohibition are possible, prohibition is given precedence.

. . . For the original article, see . . .
Fiqh al-Hadith by Imran Ayub Lahori, Volume 1, p. 280

Hadith Commentary: Benefits and Issues:

➊ The person in i'tikaf (spiritual retreat) may, out of necessity, extend his hand, foot, or head outside the mosque.

➋ If there is no arrangement for relieving oneself inside the mosque and one has to go far outside, and if the house is nearby, then one may go home to relieve oneself.

➌ While passing by on the way, one may inquire about the health of a sick person.

➍ A woman's entire body does not become impure during menstruation (hayd); therefore, she can do household chores, wash her husband's head, comb his hair, and, standing outside the mosque, hand something to her mahram who is standing inside the mosque.

➎ There is no harm in reciting the Qur'an and engaging in remembrance (dhikr) while resting one's head in the lap of a menstruating woman.

➏ To express love and affection for one's wife, one may eat or drink from the place she has eaten or drunk from, and her mouth does not become impure due to menstruation.

➐ Except for intimate relations, the rest of the interactions between husband and wife are not affected by menstruation.

➑ Opposition to the People of the Book (Ahl al-Kitab) should be within the bounds of the Shari'ah; in the zeal of opposition, one must not transgress the limits set by the Shari'ah. The purpose of the command ﴿فَاعْتَزِلُوا النِّسَاءَ﴾ ("So keep away from women") is to abstain from marital relations, not to completely separate oneself from one's wife to the extent that one cannot sit with her, eat food prepared by her, or that separate rooms become necessary.

Commentary:
(1)
In previous religious laws, the rulings were stricter compared to the Shariah of Muhammad (sallallahu alayhi wa sallam). In some matters, the Jews themselves introduced additional strictness, and the issues of purity (taharah) and impurity (najasah) were among these. Thus, the Jews would command a woman during these days (of menstruation) to stay in a separate room or tent, because in their view, any bed she sat on, any clothing she wore, or anything she touched would become impure. Even if someone touched her bed, he too would become impure and would have to perform a ritual bath (ghusl). (See: Old Testament, Book of Leviticus, Chapter 15, Verses 19 to 23)

(2)
In Islam, purity (taharah) and cleanliness hold great importance, but there are not such strict rulings as among the Jews. Therefore, during the days of menstruation (hayd) and postnatal bleeding (nifas), intercourse is not permissible, but sitting, eating, drinking, and showing affection with the woman are all permissible; only intercourse is forbidden, as has been mentioned in previous chapters.

(3)
If a person fears that by showing affection he will not be able to control himself and may commit the prohibited act, then he should exercise caution in availing himself of this permission. For such a person, it is better to stay away from his wife during these days.

Benefits and Issues:
The benefits have already been mentioned previously under Hadith number 258.

Explanation:

1:
People ask you about menstruation; say, it is a discomfort (al-Baqarah: 222)

289. Commentary:
➊ The treatment of menstruating women by the Jews was extremely humiliating, as mentioned above: they would consider a woman untouchable during her menstrual period, to the extent that even her residence would be separated. On the other hand, the Christians made no distinction between menstruation and non-menstruation; they would even have intercourse during menstruation. Islam, which is the religion of moderation, adopted a middle path: neither did it declare them untouchable, nor did it permit intercourse, and this is the truth.

➋ The Noble Qur’an has stated the reason for prohibiting intercourse with a menstruating woman: menstrual blood is impure, and to be smeared in impurity is against human nature. Therefore, intercourse is forbidden until menstruation ends and, in fact, until they have performed the ritual bath (ghusl). When the woman becomes completely pure, then intercourse is lawful. From this hadith, it is also deduced that anal intercourse with a woman is also forbidden, because it is always contaminated with impurity. Furthermore, in another hadith, its prohibition has been explicitly mentioned. See: [جامع الترمذي : الطھارة، حدیث : 135]

➌ The reason for the displeasure of the Messenger of Allah (sallallahu alayhi wa sallam) was that opposing a people does not mean that we begin to commit unlawful acts. This would be an expression of stubbornness and prejudice. Opposition to the Jews is only in those matters which they have innovated in their religion and in which they have deviated from the right path. Yes! In some rulings, the Prophet (sallallahu alayhi wa sallam) did command opposition to them, the purpose of which was to distinguish ourselves from them.

➍ Since the displeasure of the Prophet (sallallahu alayhi wa sallam) was only against an incorrect attitude and not against those Companions (radi Allahu anhum), he called them back and gave them milk to drink.

Lexical Explanation:
«لَمْ يُؤاكِلُوهَا» means that they (the people) would not eat or drink with a woman afflicted with menstruation (hayd) by sitting together.
«إِلَّا النِّكَاحَ» Here, nikah is used in the sense of sexual intercourse (jima‘).

Benefits and Issues:
➊ In the light of the statement of the Last Prophet, sallallahu alayhi wa sallam, it is permissible for Muslims to sit, lie down, eat, and drink with a menstruating (ha’idh) woman. Only abstaining from sexual relations is necessary.
➋ This concept of untouchability is found among the Hindus and Jews; for Muslims, it has no significance.