What is the ruling on a husband entering his wife's quarters during the daytime on a day not designated for her?
General Chapter
Al-Mughni
Book of the Wedding Feast
Primary text
Entering the wife's dwelling during the day on a non-designated day is permissible for a need, such as delivering maintenance (nafaqah), visiting the sick, inquiring about a matter requiring knowledge, or visiting her due to a long separation. This is evidenced by Aisha's report that the Prophet (PBUH) would enter her dwelling on a day not designated for her and engage in all acts except intercourse. If he enters, he must not have intercourse nor stay long, as staying grants tranquility, which she does not deserve on that day.
Supporting text
There are two opinions regarding engaging in non-intercourse intimacy (mustamt'a) while visiting during the day: one view permits it based on Aisha's hadith. The second view prohibits it because it achieves tranquility for her, thus resembling intercourse. If he extends his stay, he owes compensation. If he has intercourse during a brief stay, the same two views regarding compensation apply as in the night-time scenario. The Shafi'i madhhab generally follows these principles, except they rule that no compensation is owed if intercourse occurs during the daytime, while our position is that since the time must be compensated for if the stay is prolonged, it must also be compensated if intercourse occurs, similar to the night.