Intercourse (Wat’) during Hayd

Question

If a man had intercourse (wat’) with his wife while she was in the state of hayd, the man not knowing at all whether she was in hayd or in her period of purity (tuhr), and his wife also did not tell her husband about it, and after they had finished the woman then told her husband the whole matter — that she had been in the state of hayd — then what needs to be ascertained is: will the man be guilty of sin or not?

Answer

If the man had jima‘ in the state of [his wife’s] hayd out of lack of knowledge, while the woman knows, then the woman will be guilty of a major sin. Also, if the woman in the state of hayd, because of overpowering desire, compels the man to have intercourse, it is absolutely not right for the man to have intercourse in such a state.

Source: Fatawa Mahmudiyya

Preview. The full text opens with JavaScript enabled.