Ruling on Intercourse After Menstruation but Before Ghusl
Source: Fatawa Amunpuri by Shaykh Ghulam Mustafa Zaheer Amunpuri
Question:
Is intercourse permissible after menstruation has ended but before performing ghusl?
Answer:
After a woman becomes free from menstruation, it is not permissible for the husband to have intercourse with her until she performs ghusl. Intercourse before ghusl is prohibited.
❀ Allah Almighty says:
﴿وَيَسْأَلُونَكَ عَنِ الْمَحِيضِ قُلْ هُوَ أَذًى فَاعْتَزِلُوا النِّسَاءَ فِي الْمَحِيضِ وَلَا تَقْرَبُوهُنَّ حَتَّى يَطْهُرْنَ فَإِذَا تَطَهَّرْنَ فَأْتُوهُنَّ مِنْ حَيْثُ أَمَرَكُمُ اللهُ﴾
(al-Baqarah: 222)
“…Do not approach them until they are purified. Then when they have purified themselves, go to them as Allah has commanded you.”
❀ Imam al-Tabari رحمه الله said:
“There is consensus among all scholars that once menstrual blood stops, it is unlawful for the husband to have intercourse with his wife until she performs ghusl.”
(Tafsir al-Tabari: 3/732)
❀ Hafiz Ibn Kathir رحمه الله stated:
“The consensus of scholars is that after menstruation stops, a woman does not become lawful for her husband until she performs ghusl or tayammum (when water is unavailable). Only Imam Abu Hanifah رحمه الله held that ghusl is not necessary.”
(Tafsir al-Qur’an al-‘Azim: 1/350)
From the verse, ﴿حَتَّى يَطْهُرْنَ﴾ means “menstrual blood must stop,” and ﴿فَإِذَا تَطَهَّرْنَ﴾ means “performing ghusl.” The Salaf also held this view:
① Imam ‘Ikrimah رحمه الله: “If menstrual blood stops, intercourse is not permissible until she performs ghusl.” (Musannaf Ibn Abi Shaybah: 1/96-97, Hasan chain)
② Imam Mujahid رحمه الله: “The husband should not have intercourse until she performs ghusl.” (Sunan al-Darimi: 1117, Musannaf Ibn Abi Shaybah: 1/96, Sahih chain)
③ Imam Mak’hul رحمه الله: “The husband should not have intercourse until she performs ghusl.” (Musannaf Ibn Abi Shaybah: 1/96, Sahih chain)
④ Imam ‘Ata ibn Abi Rabah رحمه الله, when asked, replied: “No, intercourse is not permissible before ghusl.” (Sunan al-Darimi: 1127, Sahih chain)
⑤ Imam al-Tahawi رحمه الله: “To our knowledge, there is no disagreement in interpreting tatahharna as ghusl. Merely stopping of blood is not purification.” (Ahkam al-Qur’an: 1/127)
⑥ Imam Ibn al-Mundhir رحمه الله: “My position is the same as that of all scholars: after menstruation ends, a man cannot have intercourse with his wife until she has purified herself by ghusl.” (al-Awsat: 1/215)
⑦ Imam Ahmad ibn Hanbal رحمه الله said: “I know of no disagreement on this matter.” (al-Mughni by Ibn Qudamah: 1/246)
No contrary opinion from any Companion or Tabi‘i is proven.