What is the ruling on sexual intercourse with a menstruating woman in the vagina?
Chapter on Menstruation
Al-Mughni
Book of Purification
Primary text
Sexual intercourse with a menstruating woman in the vagina constitutes a sin, and the person must seek forgiveness from God (Allah). Regarding the expiation (Kaffarah), there are two scholarly positions. The first opinion mandates an expiation based on the narration from Ibn Abbas, where the Prophet (peace be upon him) stated that one who has intercourse with his wife during menstruation should give charity of one dinar or half a dinar. This narration is reported by Abu Dawud and An-Nasa'i.
Supporting text
The second opinion states that no expiation is required. This view is held by Malik, Abu Hanifa, and the majority of scholars. Their evidence is the Hadith reported by Ibn Majah, which states that one who has intercourse with a menstruating woman has disbelieved in what was revealed to Muhammad (peace be upon him), yet no expiation was mentioned in it. They analogize this act to intercourse in the anus, as both acts are forbidden due to causing harm.