Is there a penalty (*kaffarah*) for intercourse after ritual purity (*tuhur*) but before the ritual bath (*ghusl*) following menstruation?
Chapter on Menstruation
Al-Mughni
Book of Purification
Primary text
No penalty (*kaffarah*) is incumbent upon the husband for sexual intercourse that occurs after the cessation of menstruation (achieving ritual purity) but before the performance of the ritual bath (*ghusl*). The basis for this ruling is that the obligation of the penalty is established by religious text (*khabar*), and the specific text concerning this penalty relates only to the menstruating woman. Since the harm that prevents intercourse has been removed by the stopping of the blood flow, the penalty is not applied.
Supporting text
Qatada and Al-Awza'i hold that a penalty equivalent to half a Dinar is obligatory in this situation. Furthermore, a full Dinar penalty is incumbent if intercourse occurs while the blood is actively flowing, arguing that the prohibition attached to intercourse during menstruation is established before the purification by bath, similar to the permanent prohibition.