What is the ruling on handing over a menstruating wife to her husband upon his demand?
General Chapter
Al-Mughni
Book of Dowry (Mahr)
Primary text
There is a potential view that handing her over is not obligatory because it deviates from custom, similar to a temporary illness. Conversely, there is a view that delivery is obligatory because it will cease shortly, and it does not prevent enjoyment below the vagina. Therefore, if he demands that limited enjoyment, she cannot prevent him, just as she cannot prevent him after she has been delivered to him.
Supporting text
If she presents herself to him while menstruating and he refuses to accept her until she purifies, according to Al-Qadi, acceptance and maintenance become obligatory upon him if he refrains. Another valid deduction suggests that acceptance is not obligatory upon him, mirroring the ruling for a long-term, likely incurable illness.