My wife did not menstruate for three months. The pregnancy test she underwent revealed that she was not pregnant. About two weeks ago, a drop of brownish fluid was discharged and we expected menstruation thereafter. However, she neither menstruated nor discharged other drops or anything else. We waited for four days and then she made Ghusl and I had sexual intercourse with her. Is this intercourse lawful under Sharee‘ah? Are we required to make Kaffaarah (expiation)? What should we do now?

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His Slave and Messenger.

Scholars unanimously agree that there is no limit for the maximum period of purity (when she is not menstruating). A woman could remain pure (not menstruating) for months, and even for years. Consequently, your wife is required to observe prayer and fasting. You are permitted to have sexual intercourse with her, because she is like other non-menstruating women.

The brownish drop of blood which was discharged is not considered menstruation. That is because the scholars stated that the minimum amount of blood to be considered menstruation is one gush. As-Saawi a Maaliki scholar, said: "Ghusl becomes obligatory when a woman discharges a gush of blood. As such, fasting is rendered invalid and she is required to make up for that day. Nevertheless, in ‘Iddah (post-marriage waiting period) and verifying that the woman is not pregnant, blood is not considered menstruation unless it continues throughout the day or for a considerable part of the day."

Consequently, one or two drops of blood are not considered menstruation. Your wife is required to make up for any prayers and fasting which she abandoned for this reason.