What is the ruling concerning sexual intercourse with a woman experiencing constant non-menstrual vaginal bleeding (Mustahadah)?
Chapter on Menstruation
Al-Mughni
Book of Purification
Primary text
According to one narration from Imam Ahmad, intercourse with a Mustahadah is prohibited unless the husband fears falling into a forbidden act if he refrains. This is the position of Ibn Sirin, Al-Sha'bi, Al-Nakha'i, and Al-Hakim, based on a report from Aisha that the husband does not approach the Mustahadah. The justification is that she experiences harm (Adha), rendering intercourse forbidden, similar to the menstruating woman, based on the verse: "Say, 'It is an injury (Adha), so keep away from women during menstruation'" (Quran 2:222), where the cause of prohibition is linked to the harm.
Supporting text
Another narration from Imam Ahmad permits intercourse with the Mustahadah unconditionally, which is the opinion of most jurists. This is based on reports that it was permissible for Hamnah bint Jahsh and Umm Habibah, whose husbands engaged in intercourse with them after they inquired about the rulings concerning the Mustahadah without the Prophet, peace be upon him, prohibiting it. If the husband fears falling into a forbidden act by abstaining, intercourse is permissible based on both narrations, as her condition is less severe than menstruation. If intercourse occurs without such fear, there is no expiation due, as the obligation is not legislated for her case.