Benefit:
Introduction: Our Shaykh Yahya may Allāh preserve him: “Learning the issues pertaining to Menstruation is obligatory because it is from the things which are widespread and there is none married except that he is in need of knowing about that;
Rather Shaykh Ul-Islām may Allāh have mercy on him did not have desire to get married but he was from the most knowledgeable of people about the issues pertaining to women and the rulings of menstruation and post natal bleeding and other than that.
Al-Haidh (الحيض ) linguistically means the flowing, it is said حاض الوادي i.e the valley flowed (with water)
Legislatively Zuhrī and Harwī and other than them from the Imāms said: Al-Haidh (الحيض) is the flowing of blood released from the womb of a women in specific times after her reaching puberty.
Al-Istihādhah ( استحاضة ) is the flowing of blood in other than its accustomed timings, and Al-Haidh (menstruation blood) comes out from the womb, and Al-Istihādhah (intermenstrual bleeding) comes out from a vein which is before the womb.
The linguistics said: Hādhat il-Mar’ah (حاضت المراة) the woman menstruated, Tahīdh (تحيض) she is menstruating, Haidhan (حيضا) and Mahīdhan (محيضا) menstruation, so she is Hā’idh (حائض) without the Tā Marbūtah (ة), it is not said Hā’idhah (حائضة), this is according to the most eloquent widespread dialect.
[Chapter: Fondling during menstruation with what is above the izār (waist wrap)]
Benefit: The chaptering of Imām Nawawi is similar to what he summarized in the explanation and like so before An-Nawawi from those who Nawawi benefited from.
The Hadiths……
1-(293) Abu Bakr Ibn Abi Shaibah, and Zuhair bin Harb, and Ishāq bin Ibrāhīm, Ishāq said: Jarīr informed us and the other said narrated to us, on the authority of Mansūr, on the authority of Ibrāhim, on the authority of Al-Aswad, on the authority of Ā’ishah, she said: “If one of us used to be on our menses the Messenger ﷻ would order her to tie an izār (waste wrap) then he would embrace her.”
2-(293) Abu Bakr Ibn Abi Shaibah narrated to us, he said Alī bin Musshir narrated to us, on the authority of Ash-Shaibānī (ح ), and Alī bin Al-Hujr As-Sa’dī, – and the wording belongs to him – Alī bin Musshir informed us, he said Abu Ishāq informed us, on the authority of Abdirrahmān bin Al-Aswad, on the authority of his father, on the authority of Ā’ishah, she said: “If one of us used to be on our menses the Messenger ﷻ would order her to tie an izār (waste wrap) whilst the menstrual blood was profusely flowing, then he would embrace her.”
She said: “And who amongst you can withhold his desire as the Messenger of Allāh ﷻ used to withhold his desire.”
3-(294) Yahyā bin Yahyā narrated to us, he said Khālid bin Abdillāh informed us, on the authority of Shaibānī, on the authority of Abdillāh bin Shadād, on the authority of Maymūnah, she said: “The Messenger of Allāh ﷻ used to make contact with and embrace his wives above the izār while they were menstruating.”
Benefit: Al-Imām An-Nawawi (may Allāh have mercy) on him mentioned that a man fondling and foreplaying with his wife while she is on her menstrual cycle or post natal bleeding is of three divisions:
The first: That he has intercourse with her in the vagina, and this is prohibited by consensus of the Muslims and by the text of the Glorious Qurān and authentic Sunnah.
Allāh said:
(وَيَسْـَٔلُونَكَ عَنِ ٱلْمَحِيضِۖ قُلْ هُوَ أَذًى فَٱعْتَزِلُوا۟ ٱلنِّسَآءَ فِى ٱلْمَحِيضِۖ وَلَا تَقْرَبُوهُنَّ حَتَّىٰ يَطْهُرْن)َۖ َ
“They ask you concerning menstruation. Say: that is an Adha (a harmful thing for a husband to have a sexual intercourse with his wife while she is having her menses), therefore keep away from women during menses and go not unto them till they have purified (from menses and have taken a bath).” [Al-Baqarah, 222]
The second division: Fondling with what is above the bellybutton and below the knees by kissing or hugging or touching or other than that, and this is permissible with agreement of the scholars.
The third division: Fondling with what is between the bellybutton and knees other than the front and back passage, this the scholars differed concerning it’s permissibility; it has three angles,
Our Shaykh may Allāh preserve him said it is permissible with disciplining oneself and not falling into what Allāh prohibited and impermissible if he is grazing around the private pasture (prohibitions of Allāh).
Issue:
Is there an expiation for the one who has intercourse with his menstruating wife?
If he has intercourse with her intentionally, knowingly that she is on her menses and knowing of the prohibition choosing to do it then he has perpetrated a major sin making repentance obligatory upon him…and those that state the obligation of an expiation they clung onto the Hadith of Ibn Abbās which is Marfū’ ‘Whoever has intercourse with his wife while she is mensturating then let him give a dīnār or half in Sadaqah, rather it is a weak Hadith;
An-Nawawi said weak with the agreement of the Huffādh so what is correct is that there is no expiation upon him.
Our Shaykh may Allāh preserve him said: “Nothing remains except repentance to Allāh and seeking forgiveness from this major sin, what’s left is Sadaqah, in it is good even if a person told tales or backbited he is encouraged to repent and to do good, verily the good deeds rid of the bad deeds, from this angle there is nothing preventing it.”
The Prophet ﷺ did this for ease and opposing the Jews and as a mercy to the women making her feel good from that harshness and toughness which was with the Jews, verily the Jews if a woman menstruated amongst them, they did not eat with her, nor come near to her, she becomes in isolation the days of her period.
And these Hadiths are in clarification of the leniency of Islam to a person.
And in this is opposing of the Messenger ﷺ to the Jews in purification and in fasting and praying and the pilgrimage and other that that.
And when the Christians mixed with the Muslims in Shām, Shaykh ul-Islām Ibn Taymiyyah may Allāh have mercy on him embarked upon authoring’s, and distinction, not resembling them; he authored the book ‘Iqtidhā As-Sirāt ul-Mustaqīm limukhālafati Ashāb il-Jahīm’ when he saw the Muslims imitating them.
Answered by: Shaykh, the Allamah, the Trustworthy Advisor, Abu Abdirrahman Yahya bin Ali Al-Hajuri – may Allah preserve him
Source: https://t.me/sh_yahia_duroos/6337, https://t.me/sh_yahia_duroos/6338
Translated by: Abu ‘Abdillāh ‘Omar bin Yahya Al-‘Akawi