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Text and translation
English translation
135. Abū Hurairah narrated that the Prophet ﷺ said: "Whoever engages in sexual intercourse with a menstruating woman, or a woman in her anus, consults a soothsayer, then he has disbelieved in what was revealed to Muḥammad ﷺ."(Hasan)
Abū 'Eisā said: We do not know of this Hadīth except as a narration of Hakīm Al-Athram, from Abū Tamīm Al-Hujaimi from Abū Hurairah.
According to the people of knowledge, this is only meant to indicate the severity of it.[1]
It has been reported that the Prophet ﷺ said: "Whoever engages in sexual intercourse with a menstruating woman, then let him give a Dinār in charity."
So if entering into the menstruating woman was (absolute) disbelief, he would not have ordered an expiation for it.
Muḥammad graded this Hadīth weak due to its chain. And Abū Tamīmah's name is Ṭarīf bin Mujālid.
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Footnotes
1
[1] That is, the attribution of disbelief.
Commentary
Sexual intercourse with woman from the front or back during menses is not allowed, it is agreed. Similarly, it is prohibited to go to a fortune-teller, who claims to have the knowledge of the universe. Despite the prohibition of these three, to regard them lawful is disbelief. To practise them, while believing them unlawful, is not real disbelief, but it is a major sin.
