Sex during menses unknowingly

Answered according to Hanafi Fiqh by
1. What is the ruling in Islam if we have sex without realizing menses have started? It was after having sex that I had noticed there were stains on my clothes probably that my periods had just started and I didn’t realize. It wasn’t intentional at all. We are worried a lot because it is wrong in Islam to do such. We have removed sadaqah but is there a fixed Kaffarah.
2. If there’s a pregnancy as a result of such act, can we abort? Is it true that the child thus born will turn out to be eunuch or handicapped. Please reply me in the light of Quran and Hadith at the earliest.

بسم الله الرحمن الرحيم

(Fatwa: 271/262/SD=5/1438)

In the above mentioned case, if you did not know that menstruation period had started and you did intercourse in this state without knowing then you shall not be sinful, in-shaAllah. However, you should do taubah and istighfar so that your heart is satisfied. However, no kaffarah shall be imposed due to it.

(2) If your wife conceives then don’t abort it.

(3) No, it is not necessary.

 ووطؤهافيالفرجعالمابالحرمةعامدامختاراكبيرةلاجاهلاولاناسياولامكرهافليسعليهإلاالتوبةوالإستغفار. (البحرالرائق1/197)

Allah knows Best!

Darul Ifta,
Darul Uloom Deoband


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