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The question

What is the ruling on some semen entering the uterus unintentionally during menstruation in the case of indirect intercourse?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

Scholars have differed on the ruling concerning a husband directly touching his menstruating wife between the navel and the knee, excluding the private parts. The Hanafis, Malikis, and Shafi’is held that this is forbidden, while the Hanbalis, Muhammad ibn al- from the Hanafis, Asbagh and Ibn Habib from the Malikis, and Al-Nawawi and Ibn Hazm from the Zahiris, held that it is permissible, and this is the more preponderant opinion.

This is based on the narrated by Anas (may Allah be pleased with him) that when a woman among the Jews menstruated, they would not eat with her or stay with them in the houses. So, the Companions of the Prophet (peace be upon him) asked the Prophet (peace be upon him), and Allah Almighty revealed: (And they ask you about menstruation. Say, "It is a discomfort." So keep away from women during menstruation. And do not approach them until they are pure. And when they have purified themselves, then come to them from where Allah has ordained for you. Indeed, Allah loves those who repent and loves those who purify themselves) [Quran 2:222]. Thereupon, the Messenger of Allah (peace be upon him) said: "Do everything except intercourse." In a narration by Ibn Majah, it states: "Do everything except sexual intercourse." This indicates that what is forbidden is only vaginal penetration. Therefore, there is nothing wrong with what occurred between the spouses. However, if they fear falling into the forbidden, they should avoid it as a preventive measure to block the means (to sin).

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Ftawy
Original fatwa ID
87762
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