Intercourse During Possible Hayd

Assalamu alaykum,

Is it permissible to have intercourse during a time when one is not bleeding but there is potential that that time may be retroactively ruled as menstruation? I am providing an example below because the calendar function does not allow for some of the nuances of my question.

I have a menstrual habit of 7 days and a tuhr habit of 21 days. On day 25 (Jan 2 in calendar below) after the end of my last period I saw a very small amount of light brown colored discharge around fajr time. By thuhr there was no further colored discharge so I made wudu and resumed praying. I continued this way until day 27 when I saw some blood around thuhr time. After that the bleeding was continuous past the 3 day mark and thus I would count my period as having started on day 25.

On day 26, when I was not bleeding and hadn’t been bleeding for nearly 2 days, I had intercourse. Was this permitted? If not, is payment due for repentance considering I knew that this time could retroactively become my period but did not think that we had to abstain since I was still praying (my understanding is/was that the only time one would have to abstain from intercourse while still praying was if your period ended before your habit)? Would it matter whether or not the time did indeed retroactively become ruled as menstruation?

Possibly of note: I have had irregular bleeding since giving birth last April. My menstrual and tuhr habit are from before I was pregnant back in 2021

Answer

In the name of Allah, the Inspirer of truth

When bleeding/spotting stops before the habit days have passed, you will continue with ‘Salat‘ prayers but refrain from intercourse, due to the possibility of blood returning within the habitual place (makan).

It is necessary (wajib) to observe precaution (ihtiyat) in worship. In the situation where intercourse occurred during hayd, although there was no actual blood at the time, you must seek forgiveness from Almighty Allah and repent for your mistake. It is also recommended to give some charity (sadaqa), but this is not necessary. 

For more information please refer to the following article.

And Allah knows best.