AYATOLLAH
ABUL QASIM AL KHOI
456 (iii) Having sexual intercourse with a woman; it is
unlawful for man as well as for woman even though the penis may enter the
vagina up to the point of circumcision only and semen may also not be
discharged. In fact the obligatory precaution is that the male organ should not
be inserted into even to an extent lesser than the point of circumcision.
Further more, sexual intercourse in the anal of a woman is also unlawful on the
basis of obligatory precaution whether the woman is haiz or not.
458. If a man has vaginal or anal sexual intercourse with
his wife when she is a haiz, he should ask Divine forgiveness and the
recommended precaution is that he should make atonement for it. Orders
regarding atonement will be mentioned later.
460. Atonement for sexual intercourse with a haiz is coined
gold weighing 3.457 grams for the first part, 1.729 grams for the second part
and 0.865 grams for the third part of the period of menses. For example if
blood is discharged from the body of a woman for 6 days and her husband has
sexual intercourse with her during the 1st and 2nd days or nights, he should
pay gold weighing 3.457 grams. For such intercourse during the 3rd and 4th days
and nights he should pay gold weighing 1.729 grams and for the 5th and 6th days
and nights he should pay gold weighing 0.365 grams.
AYATOLLAH
SYED ALI SISTAANI
456. (iii) Having
sexual intercourse; it is Haraam for man as well as for woman even if only the
penis glans may penetrate, and even if semen may not be discharged. In fact,
the obligatory precaution is that the male should refrain from insertion even
to an extent lesser than the point of circumcision. Anal intercourse with the
wife is forbidden regardless of whether she is in Hayz or not.
458. * If
a man has sexual intercourse with his wife when she is a Haaez, he should seek
Divine forgiveness and the recommended precaution is that he should expiate by
giving Kaffara. Rules regarding Kaffara will be mentioned later.
460. Kaffara for sexual intercourse with a
Haaez is gold coins weighing 3.457 grams if carried out in the early days,
1.729 grams for the middle days and 0.865 grams for the final days of the
period of Hayz. For example, if Hayz lasts for 6 days and her husband has
sexual intercourse with her during the 1st and 2nd days or nights, he should
pay gold weighing 3.457 grams, and during the 3rd and 4th days and nights he
should pay gold weighing 1.729 grams and for the 5th and 6th days and nights he
should pay gold weighing 0.865 grams.
AYATOLLAH
SYED MOHAMMED RAZA MOOSVI GULPAYEGANI
456. (iii) Having
sexual intercourse; it is Haraam for man as well as for woman even if only the
penis glans may penetrate, and even if semen may not be discharged. In fact,
the obligatory precaution is that the male should refrain from insertion even
to an extent lesser than the point of circumcision. Anal intercourse with the
wife is strictly abominable (Makrooh).
458. If the Haaez period is considered in three sections and
if husband have sexual intercourse with a Haaez in the first section then under
precaution kaffara is gold coins weighing 3.457, and 1.729 grams for the second
section and 0.865 grams for the final section of Hayz. For example, if Hayz
lasts for 6 days and her husband has sexual intercourse with her during the 1st
and 2nd days or nights, he should pay gold weighing 3.457 grams, and during the
3rd and 4th days and nights he should pay gold weighing 1.729 grams and for the
5th and 6th days and nights he should pay gold weighing 0.865 grams.
IMAM
KHOMEINI
450. (iii) Having
sexual intercourse; it is Haraam for man as well as for woman even if only the
penis glands may penetrate, and even if semen may not be discharged. In fact,
the obligatory precaution is that the male should refrain from insertion even
to an extent lesser than the point of circumcision. Anal intercourse with the
wife is strictly abominable (Makrooh).
452. If the Haaez period is considered in three sections and
if husband have sexual intercourse with a Haaez in the first section then under
precaution kaffara is gold coins weighing 3.457, and 1.729 grams for the second
section and 0.865 grams for the final section of Hayz. For example, if Hayz
lasts for 6 days and her husband has sexual intercourse with her during the 1st
and 2nd days or nights, he should pay gold weighing 3.457 grams, and during the
3rd and 4th days and nights he should pay gold weighing 1.729 grams and for the
5th and 6th days and nights he should pay gold weighing 0.865 grams.
453. There
is no Kaffara for doing Anal intercourse with an Haaez woman.
Note:- The
readers can note how the of fatwa no. 452 and 453 contradict each other.
TRADITION OF THE INFALLIBLES AS
Nisaokum harthun lakum fatoo
harthakum anna shitum waqaddimoo lianfusikum wattaqoo Allaha waAAlamoo annakum
mulaqoohu wabashshiri almumineen
2:223
Your wives are as a tilth unto you; so approach your tilth when or how ye will;
but do some good act for your souls beforehand; and fear Allah. And know that
ye are to meet Him (in the Hereafter), and give (these) good tidings to those
who believe
Tafseer:-In
the Book Tafseer Qummi and in Tafseer Ayaashi it is narrated to Imam Jaffer
Sadiq AS said” in-depth for this verse is that whenever you want you can have
sexual intercourse with your wifes.
In
the Book Altahzeeb it is narrated to Imam Ali Reza AS that “The saying of the
Jews that if a person have intercourse with his wife from back then the child
will be born ahwal to this Allah has rejected this saying of them and said Nisaokum harthun lakum fatoo harthakum anna
shitum which means one can do intercourse from front or behind but vaginal
intercourse is meant by it and anal intercourse is not at all meant by it”.
Prophet SW
said “Whoever has Anal intercourse with a woman, a boy or a man will on the day
of Judgment Allah be brought in such a way that his body will be stinking like
a dead body and the people (of Hell) will be very much troubled with him and he
will be entered into the Hell”.
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