Intercourse With Menstruating Women — Sunan Abi Dawud 264

Overview & Central Theme

This hadith addresses the grave prohibition of engaging in sexual intercourse with a menstruating woman, a major sin in Islam. The Prophet ﷺ prescribes a specific expiatory charity (ṣadaqah) of one dinar or half a dinar, serving as both a punitive and purifying measure. The central theme is the sanctity of the divine boundaries (ḥudūd) regarding purity and the necessity of repentance through tangible restitution, while also highlighting the mercy of Islamic law in providing a means of atonement.

Context & Linguistic Insights

The hadith was narrated in response to a specific inquiry regarding a man who committed this act, seeking a ruling. Linguistically, "dinar" (دينار) refers to a gold coin, and "half a dinar" (نصف دينار) indicates a proportional amount, often interpreted based on the husband's financial capacity. The term "ṣadaqah" (صدقة) here is not voluntary charity but an obligatory expiation (kaffārah). Abu Dawud notes a transmission variant: some narrators, like Shu'bah, sometimes attributed this ruling directly to the Prophet ﷺ (marfūʿ), while others reported it as a statement of a Companion (mawqūf), though the stronger, established version is the Prophetic one.

Key Scholarly Insights & Legal Benefits

• The ruling establishes that intercourse during menstruation is a major sin (kabīrah), necessitating both repentance (tawbah) and a financial expiation to purify the transgression.
• Jurists differ on the exact amount: the majority (including the Ḥanafīs, Mālikīs, and Ḥanbalīs) hold that one full dinar is required if the intercourse occurs at the beginning of menstruation, and half a dinar if at the end; others, like the Shāfiʿīs, view it as a discretionary penalty (taʿzīr) with the amount left to the judge's discretion.
• The hadith underscores the principle that sins involving violation of sacred boundaries require both spiritual repentance and practical reparation, reflecting the holistic nature of Islamic law.

"Ibn Hajar al-Asqalani said: 'The expiation is obligatory upon the one who commits this act, and it is a means of purification and a deterrent, as it combines financial worship with acknowledgment of the sin.'"

Daily Life & Spiritual Application

In daily life, this teaching reminds believers to uphold the sacred limits set by Allah, especially regarding marital intimacy and purity. It encourages spouses to communicate openly about Islamic rulings and to seek knowledge before acting. The expiation serves as a practical reminder that sins have consequences, but also that the door of repentance is always open. A Muslim should avoid such acts with taqwā (God-consciousness), and if a lapse occurs, immediately repent, pay the prescribed charity, and renew one's commitment to obedience, transforming the error into an opportunity for spiritual growth and increased devotion.