What is the ruling on a husband having intercourse with his wife if she has performed ghusl after menstruation, based on the strong presumption that it has ceased, then blood appears during intercourse?
A woman must stop praying upon seeing menstrual blood, and she should not perform (ritual purification) until the bleeding ceases. All blood she sees during her menstrual period is considered menses, even if it is scant. It is not permissible to consider some days as (non-menstrual vaginal bleeding) as long as the blood is clearly menstrual.
Regarding intercourse during menstruation: If the spouses are unaware that the blood is menstrual, or are unaware of the ruling concerning intercourse in this situation, then there is no sin upon them and no expiation is required. However, if they are aware of the ruling, they must repent. According to the Hanbalis, each of them must offer expiation, which is one dinar or half a dinar (equivalent to 4.25 grams of pure gold).
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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