And he made it incumbent upon the willing wife, just like the expiation for intercourse during the state of ihram. The Qadi said: There are two views regarding its obligation upon the woman. One of them is that it is not obligatory because the Sharia did not bring forth its obligation upon her, and obligation is only received from the Sharia. And if she is coerced or unaware, there is no expiation upon her, due to his statement (peace and blessings of Allah be upon him): "My nation is excused for errors, forgetfulness, and what they have been coerced into doing."

Section: A woman experiencing lochia (nufasa') is like a menstruating woman in this regard, because she equals her in all her rulings. Half a dinar from any gold is sufficient, provided it is free from adulteration (ghish), and its raw form (tibr) and coined form (madhrub) are equal, as the name applies to both. Is it permissible to pay its value? There are two views regarding this. One is that it is permissible, because the objective is achieved by giving out this amount of wealth, in whatever form of wealth it may be; thus, it is permitted in any form of wealth, like kharaj and jizya. The second is that it is not permissible, because it is an expiation, so it is restricted to certain types of wealth, like other expiations. Based on this second view, is it permissible to give out dirhams in place of the dinar? There are two views regarding this, based on paying them in place of gold in zakat. The correct view is that it is permissible, due to what we have mentioned, and because it is a right in which either of the two monetary values is sufficient, so the other is also sufficient, like all other rights. The place of disbursement (masrif) for this expiation is the same as the place of disbursement for other expiations, because it is an expiation, and because the poor are the place of disbursement for the rights of Allah the Almighty, and this is one of them.

99 - Issue: He said: (If her blood ceases, she is not to be had intercourse with until she performs the ritual bath [ghusl])

Its general meaning is that intercourse with a menstruating woman before the ritual bath is forbidden, even if her blood has ceased, according to the statement of the majority of scholars. Ibn al-Mundhir said: This is like a consensus among them. Ahmad ibn Muhammad al-Marwudhi said: I know of no disagreement regarding this (1). Abu Hanifa said: If the blood ceases at the maximum period of menstruation, intercourse with her is permitted. If it ceases before that, it is not permitted until she performs the ritual bath, or performs tayammum, or the time of a prayer has passed for her; because the obligation of the ritual bath does not prevent intercourse, just like the state of major ritual impurity (janaba) (2). Our view is the statement of Allah the Almighty: {And do not approach them until they are pure; and when they have purified themselves, then come to them from where Allah has ordered you} (3). Meaning: when they have performed the ritual bath. This is how Ibn Abbas interpreted it. Furthermore, Allah the Almighty said in the verse: {Indeed, Allah loves those who are constantly repentant and loves those who purify themselves} (4). He praised them, which indicates that it is an action of theirs for which He praised them, and their action is the ritual bath, not merely the cessation of blood. Thus, He conditioned the permissibility of intercourse upon two conditions: the cessation of blood and the performance of the ritual bath. It is not permitted except with both, similar to His statement: {And test the orphans [in their abilities] until they reach marriageable age; then if you perceive in them sound judgment, release their property to them} (5). Since He conditioned the release of property to them upon reaching marriageable age and sound judgment, it is not permitted except with both. Thus it is here. Also, because she is prevented from prayer due to the state of menstruation, intercourse with her is not permitted, just as it is if it ceased before the minimum period of menstruation. What they mentioned as a justification is invalidated by the case where it ceases before the minimum period of menstruation, and because the state of menstruation is more severe than the state of janaba, so analogy upon it is not valid.

100 - Issue: He said: (A woman experiencing chronic vaginal bleeding [mustahada] is not to be had intercourse with unless he fears for himself)

Ahmad, may Allah have mercy on him, differed regarding having intercourse with a woman experiencing chronic vaginal bleeding (mustahada). It was reported that he is not permitted to have intercourse with her unless he fears for himself falling into something forbidden. This is the school of Ibn Sirin, al-Sha'bi, al-Nakha'i, and al-Hakim (2); due to what al-Khallal narrated with his chain of narration from Aisha that she said: The woman experiencing chronic vaginal bleeding is not to be approached by her husband (3). And because there is harm in it, so having intercourse with her is forbidden like the menstruating woman; for Allah the Almighty forbade intercourse with the menstruating woman, citing the reason of harm by His saying: {Say: It is harm, so keep away from women during menstruation}. He commanded to keep away from them immediately following the mention of the harm with the letter 'fa' (of immediate succession). Also, because when a ruling is mentioned along with a quality that requires it and is suitable for it, it is cited as the reason for it, like His saying: {And the thief, male and female...}