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Does kaffarah apply to sexual intercourse during menstruation?

Answered as per Hanafi Fiqh by Darulifta-Deoband.com
Is there any kaffarah if a man put his private part in the private part of his wife during menstruation? There was no barrier between the private parts. This man has not penetrated inside her but just put it there and ejaculated. At that time, bleeding was not started but the initial signs were start. The kaffarah, if applies, will be for the husband only or for the wife separately. The wife also ejaculated at that time. Now she will immediately get bath or she can wait till her menses ends and then take bath.

Answer

(Fatwa: 409/340/B=1433)

If this act was done before starting haiz (menstruation) then there is no kaffarah. However, ghusl is wajib on both the husband and wife as they discharged the semen with lust. Ghusl shall be wajib on the husband instantly. As for wife, since she started her haiz she shall do ghusl after her haiz stops.

Allah (Subhana Wa Ta’ala) knows Best

Darul Ifta,
Darul Uloom Deoband

This answer was collected from the official ifta website of Darul Uloom Deoband in India.