Expiation for Intercourse During Menstruation and Postpartum Bleeding

Question:
If a man unknowingly has intercourse with his wife during her menstrual cycle, or after the cessation of bleeding but before she has taken a ritual bath (ghusl), is expiation (kafarah) required? If so, what is the prescribed expiation? Furthermore, if a woman conceives as a result of such intercourse, is the child considered illegitimate?

Answer:​

Engaging in intercourse with a menstruating woman in her vaginal area is strictly prohibited in Islam. Allah says in the Qur'an:

"And they ask you about menstruation. Say: It is harmful, so keep away from women during menstruation, and do not approach them until they are clean. And when they have purified themselves, then approach them from where Allah has commanded you. Indeed, Allah loves those who are constantly repentant and loves those who purify themselves."

[Surah Al-Baqarah: 222]

Anyone who commits this act must seek forgiveness from Allah, repent sincerely, and offer expiation. The Prophet Muhammad (ﷺ) said regarding such a case:

"He should give in charity one dinar or half a dinar."

[Sunan Abi Dawood, Hadith 264; authenticated as Sahih]

Expiation Details:​

1. Amount:
   
   • One dinar or half a dinar should be given as charity.
   • A dinar is equivalent to approximately 4/7 of the Saudi Riyal gold standard. For instance, if one dinar is worth 70 Saudi Riyals, the expiation will be either 20 Riyals or 40 Riyals.
2. Recipient:
   
   • The amount must be given to the poor and needy as an act of charity.

Intercourse After Bleeding but Before Ghusl​

It is impermissible for a man to have intercourse with his wife after the cessation of menstrual bleeding but before she has performed ghusl (ritual purification). Allah explicitly states:

"And do not approach them until they are clean. And when they have purified themselves, then approach them from where Allah has commanded you."

[Surah Al-Baqarah: 222]

Thus, engaging in intercourse before ghusl is a sinful act, and the husband must repent and give expiation.

Legitimacy of the Child​

If a wife conceives due to intercourse during menstruation or after bleeding has ceased but before performing ghusl, the child will not be considered illegitimate. The child remains lawful and legitimate, as their status does not depend on the circumstances of conception but rather on the legality of the marital relationship.

Summary:​

1. Intercourse during menstruation requires repentance and expiation of one dinar or half a dinar as charity.
2. Intercourse before ghusl is also sinful and requires repentance and expiation.
3. A child conceived under such circumstances is legitimate and not considered haram or illegitimate.

May Allah grant us the understanding to follow His commandments and protect us from sin.
Ameen.