women

2. PRTNTEDBY
MINISTRY OFISLAMIC AFFAIRS,ENDOWMENTS'
DA'WAH AND GUIDANCEWITFITHE CO-OPERATIONOF
IBRAHIM BIN ABDUL AZIZ 1'J.--BP.AHIMWELFARE
ESTABLISHMENT
NATURAL BLOOD
OFWOMEN
by
ShayekhMuhammedbin Salih
Al-Utheimeen
Translated& ResearchedbY
Dr. SalehS.As-Saleh
(IN ENGLISH)
SL"ERVISEDBY:
TFIEMINISTRY'SDEPUTYSHIPFORPRI}{TINGAND
PUBLISHTNGAITFARS
I4I] H

3. f A O " r A l - B u k h a r iF o r P u b . & D i s t . 1 9 9 4
Y-/
Legal Deposit
ISBN : 9960 -
no : 17271 15
649-01-6
King Fahad National Library Cataloging-ln-Publication Data
Al-Utheimeen;Muhammadbin Salih
Nationalbloodol Women= o1...'.ll tir*Jll 'LJl
Translatedby SalehAs - Saleh.
70 P. 12" 17 Cm.
ISBN:9960-649-01 -6
1- lslamicfigh 1- As-Saleh,Saleh(Trans.)
1- Title
252,1dc 1 7 2 7t 1 5

4. TABLE OF CONTENTS
Introduction
ChapterOne:TheMeaningof Menses
ChapterTwo: TheAgeatwhichMensesStarts& Ends
ChapterThree:ChangesIn TheStateOfMenses.. .... "'
ChapterFour:LawsAboutMenses
First:MensesandSalat(PraYers)
Second:Menses& Fasting
Third:Menses& TowaffAroundTheKa'ba...... '
Fourth:ExemptionFromTheFarewellTawaff -
Sixth: Menses& LegalSexualIntercourse.."".. "
Seventh:Menses& Divorce
Eiehth:Menses&Theldda ofDivorce
Ninth:A FreeUterus
Tenth:ObligationTo HaveGhusl.............'
ChapterFive:Istihadah............... ..
Several Statesof Istihadah
The One Who ResemblesTheMustahadah '
RulingsAbout TheMastahadah ... .
ChapterSix: NifassAnd Its Rulings.. . . ..
The Laws of Nifass
ChapterSeven:The Useof Haid'lnhibitors/Stimulants
ChapterEight. The Jse of Contraceptives. ..... .
ChapterNine: The useof Abortivemeans
EndingRemarks...............
Appendix
2
A
5
1 5
l 8
l 8
2 l
22
L J
A A
zo
28
30
30
3 3
33
36
) t
39
40
.44
. 4 5
47
50
52

5. o"rtl J"rtl alll,en4
IN THE NAME OF ALLAH
THE BENEFICENT TIIE MOST MERCIFUL
lntroduction
All praiseis due to Allah, wepraiseHim, seekHis helpand
forgiveness.We return to Him alonein repentance,andwe
seekrefuge in Allah from theevilof ourselvesandfrom our
wrong deeds.WhosoeverAllahguidesthereisnonewho can
misguide,and whosoeverAllah misguidesthereisnonewho
can guide. I bearwitnessthatthereisnogodworthyof being
worshippedexceptAllah Who is free from any partnersor
associates.I bearwitnessthatMuhammadisthetrueslaveand
messengerof Allah (SWl), may theSalahzof Allahbeupon
him.
It is commonthat thereare threetypesof mensesamong
women:
1)MenstrualPeriod,
2)Istihailth'.bleedingfromthewombbetweenwomenperiods,
and
3) N/ass (post-delivery).
'rSW:SubhanahuWa
'l
a'aala, Most Glorilicd and Most Fligh is lle.
-The
Salah of Allah upon IIis Prophet, Muhammad, is IIis mentioningof the
Prophet's name and his prarsc in front of lhe angelsin the Most Iligh place in
Heayens.
'fhe
angels as wcll as all believers arc asked to makeSala/ron the
Prophet.Allah (SW) says:
")ti+-
i*.r, a-!t L6-,iU,.J' jt tSa- ":K;:,r-9 "iJ
lil
F
( or wrj-'it ) 4 t"=L- )Lt
"Allah renrls His ,Sa/ul (Graces, Honors, Blessings,Mercy, etc.) on the
Prophet (Muhammad-SAAW) and alsoHis angclskn (askAllah to blessand
forgive him). 0 you who bclievelSendyour .Solalon (askAllah to bless)him
(Muhammad-SAiW), and $ou shoutd) grcet(salute)him nith the Islamic
wav of greeting (salutationi.a.,As-Salanr-o-Alaikunt)'"(Qur'an33: 56)
,.)

6. The explanationsof thesemattersin accordancewith the
evidences from Qur'an and Sunnahis very important and
beneficial,because:
a) the Qur'anandSunrnhrepresenttheonlysourcesfor all of
theDecreesof Allah.
b) in referring to thesesourcesoneachievesa stateofpeace,
comfort and relaxation as well as relief for having the
requirementsof worship(in thiscasepurificationfrom menses)
madeknown.
c) any other referencelacksthe quality ofperfectionofthe
proofsof theQur'anandSunnah.
Next in reference,are the verified sayingsof the scholars
amongstthe Suhabah(companionsof iheProphet(SAAW3)
as long as theyarenotin conJlictwith anythingin theQur'an
or Sunnah.In casethereisa contradictorysayingby another
Sohabi, then verificationfor the most substantiatedproofs
closest to evidencesfromQur'anandSunnahis sought.Thisis
in confirmationto thesayingof Allah(SW):
a t t ,
iu unl & ty,J--')ts;,r11ir"l
"r;
Q ,*')Yi1y
(o t ,,Ljr) ( Xri-
':r*i:"*
:-t: ;t TStt
"If you differ in anything amongst yourselves,refer it to
Allah and His Messenger(SAAW), if you believein Allah
and in the Last Day. That is best,and more suitablefor
final determinaiion."(Qur'an4. 59)
With the above in mind, a summarizedletterexplainingthe
IslamicLaws regardingmensesis presentedhere.
.3SAAW, Salla Allahu .,1!eihi ll'a Sctllam. may AllahPraisehirn and grant him
peace(seealso footnote# 2).
3

7. ChapterOne
TheMeaningof Menses
In the fuabic language,thewordMensesmeans:thepouring
and flowing of something.Accordingto its Islamic meaning,it
is the blood thqt thefemale naturally releqseswilhout qn
outside cause and during certain specifc times. It is,
therefore,a naturalblood flow thatisnotrelatedto disease,
wound, abortionor delivery.The characteristicsof its flow
clearly differ amongstwomen dependingupon their overall
condition,environmentandimmediatesurroundings.
The Wisdombehindit relatesto thefactthatwhentheembryo
is in its mother'swomb it cannotreceivenutrientsevenfrom
the most mercifulhuman-being.Allah,Most Glorifiedandthe
Most PerfectCreator,createda systemof bloodsecretionsthat
carriesthenutrientsto theembryoviathe umbilicalcord.That
is why whenawomanbecomespregnantherperiodstopsand
shewill rarelyhavemenses(Haid).

8. ChapterTwo: The Age at which MensesStarts & Ends
First: ls There an Age Period?
Mensesoccursbetweentheagesof twelveandfifty althougha
woman may have it beforeor after dependingupon her
conditionand environment.TheUlama'(Scholars)oflslam,
may Allah'sMercybeuponthemall,differedwhetherthereis a
specificageperiodin whichmensesismanifestedandaboutthe
natureof thebloodthatthewomanmayhaveprior to or after
this period:is her bloodaHaidbloodor anunrelatedblood?
After referringto the differentopinionsabout this matter,
lmam Al-Daarimeet concludedthat: "to me all arewrong'
becausethe criteriashould bethepresenceor absenceofthe
releasedblood regardlessofthe ageperiod,andthereforethis
type of bloodshouldbeconsideredasHaid,andAllahKnows
best."WhatAl-Daarineesaidisthecorrectpositionandthisis
also the choice of ShayekutIslam lbn Taymeeyalf
Accordingly,when the womanseesthemenstrualbloodthen
sheis in anactualstateof Haideventhoughshemaybeless
lAl-Dooirre" Oneofthe ven'well knowr scholarsoflslam He wasborn in l8i
Hj.Fieuasarel-erettcecitedbyLnantMuslim,AbuDa*oud,At-Tirmidhiand
oihers. He travelled crcnsrvel' ard authored manl lslatnic classihcations.[Ie
died in the vear255IJt.
5lbi,
Torn,"*o1: The reno*nedscolarof Islantuas bom i' the;-ear661H1/1263
CE. He mastcred vanous disciplines of lslauic studiesat an earlv age.He had
strongh.delendedthe suDrcl of the Prophet(sAAw) andstoodlinnl1 agatnst
,,rronluiion,introduced hr phrlosophersandscliolastic(,(a/onr)sectsu'hoplotted
tor his rmprisonrcnton nulllerousmcasious.He pltlsicalll'defcndcdthc Musltms
,n gr"ut"i Stria againstrll'aslollsb thc l artars lle diedirt 728H1/i 328CF'whtle
,n i.,ro,t tn Dattrascttslbllouing Itts Futawtt (lslamrc Lcgal Rulings)against
imovators I{is urLtingsarestill a greatrcfcrettcelbr Musitntsl;cekingknowlcdge
aboutIslam Mat Allah havcIlts Mero uytn llinl

9. than nine or more than fifty yearsold. This is becauseAllah
and His Messenger (SAAW) madethe rule for Haid effective
only when Haid is present and accordingto theserules there
was no mention of a certainagefor the commencingor ending
of Haid. Hence, spectfuing an ageperiod requires an evidence
from Qur'an and Sunnah and this is not available.
Second: The time of duration of Haid
There is a great deal of disputeamongstthe fllama'regarding
the period of time in which a womanis consideredto be in
Haid. SomeScholarssay:"Thereis no limiting numberof days
for the existenceof Haid eitherlight or intensive. This author
says:"This opinion is like that of Al-Daarimee (above)andit is
the choice of Shayekullslam lbn laymeeyah and it is the right
opinion becauseit is substantiatedby evidencesfrom the
Qur'an, Sunnqh, andgood analogy.
Evidence No. I: The sayingof Allah (Most High):
. : a ' 1 : . ' , l ; . . , . ! ,
)j
"r"a-ell # r.*!i ,);*V;>t
,j,f,
";;*.rt f
U j6"-l
h
(Y .ifry { r,i* e ,^i,t
"They ask you concerning nrenstruation.Say: that is an
Adha: (a harmful thing for a husband to havea sexual
intercourse with his wife while sheis having her menses)
therefore keep away from women during mensesand go
not unto them till they have beenpurified (from menses
and have taken a bath)." (Qur'an2.222)
It is clear that Allah madethe reasonbehindabstentionfrom
legal sexual intercoursewith the womanis the lack of purity
during her Haid andnot the endof a certainperiodof time.

10. a day,anight,threedays,notevenfifteendays.Thisis a proof
that the reasonfor the aboveruling by Allah is eitherthe
presenceof Haid (and its harm andimpurity)or its absence
(stateofpuritY).
Evidence N4.2.' What has beenconfirmedby the Prophet
(SAAW) in the authenticbookof HadeethknownasSaheeh
(Muslim) when he (SAAW) explainedto his wife 'Aisha
(RAA5 what to do when shehadhermenstrualperiodafter
as*u*ingherstateof lhramT for UmraS'.
"Do all that the Pilgrim is supposedto do exceptthatyou
don't perform Tawaff (Circumamb^ulation)aroundtheKa'ba
titl you ire clean(rom your Haid)v. Shesaid:"OntheDayof
Nahr (animalsacrifice.l0th dayof Dhul Htjja), I waspure'"
It is alsoreportedin anotherHadeeth(SaheehAl-Bukhari)that
the Prophet(SAAW) told her (i e ,
'Aisha):"ll'ait till you
becomecleanfromyour mensesandthengo toAl-Tan'eem(a
place in Makkah), assuminglhram (and,gfier performing
Umraljoin us qt suchand suchplace.."Lu.So,theProphet
(SAAW) madeit clearthatthereasonbehindpreventing'Aisha
from performingtheritesof Hajjisherstateof cleanlinessand
not a specified period for the duration of her menstrual
bleeding.ThisindicatesthattheIslamicrulingregardingthis
6RAA:
RodivoAllahu .,lnha(or Anhu) May Allah be pleasedwith her (or him)'
7
lhram: ltterally, lhram rnezrns"entering i.to a stateofsanctity"' h accordance
with the srnnalr of the Prophet(SAAW) it involvesthe putting on of a particular
ty,pe ofdress and abstention from certain actions. It talies place at specified places
frxcd bv the Prophet(SAAWJ knoun asA/awagcet.
8
L,^rul. A religiousjoumey to Makkah dunng which oneperfonrtsTuwaJfarotnd
lia'ba andgoing on Sai seventimes betweenthe mountainsof SaIa andlvlarya'
eSuheeh
Al-Bukhan lArabic-English)V. I' P i82-3,Hadeeth# 102
rosaheeh
Al-Bukhcn (Arabic-English)V 3, P 9 lladeeth# l5

11. issueis relatedto thepresenceor absenceof menstrualblood.
EvidenceNo.3.' Estimatesand detailsgiven by someJurists
regardingthe age at which mensesstartsand endsis not
presentin theBook of Allahandin theSunnqhof theProphet
(SAAW) although thisissueis definitelyneededandnecessity
demandsits clarification.If it wereobligatorytounderstand
theseestimatesand to use them in the worshipAllah,then
Allah andHis Messengerwouldhaveclearlymadeit knownto
everyone.This is becauseof the importanceof theIslamic
rulings that govern many aspectsof worship of Allah and
which dependupon the stateof menses,for example,Prayer,
Fasting,Marriage,Divorce, Inheritanceand others.As it is
known,Allah(SW)andHisMessenger(SAAW) explained:
.Prayers,their numbers,their times,theirRuk'oou,andtheir
Suiood.
.iatatlr its typesof wealthand property;Nissabrz,itsdue
amount,anditsrecipients.
.Siyam(Fasting):its periodandthespecifiedtimesin theday,
.I/aj7 (Pilgrimage)
.The etiquettesofeating,drinking,sleeping,sexualintercourse
with the wife, sitting,enteringandleavingthehome,theway
to answerthe call of nature,eventhenumberof stonesto be
usedinIsttjmarl3,andmanymoredetailsabouttheminuteas
trT.okot:
i, a specihckind ofcharity which is to be collectedaccordingto certain
rules and regulations from the Rich of the Muslims anddistributed amongthe
Ipor ones.It is oneofthe five Pillars oflslam.
''Nissab
the required minimum amountpossessedby a Muslirn at the endof a
year (Islamic calendar).The dueamountof Zakat is determineddependingon the
ty,pe and amountof wealth owned.In the caseof cashmoneyit is 2.57oof the net
annualoossession.
13
Irtig o, cleaning ones private pads wrth odd numberof stones(not lessthan
three). The Prophet (SAAW) su'id"llhoever cleanshis pivate parts with stones
do so with odd ntnbers.". SaheehAl-Bukhan, Arabic-English;V.l, P.I14,
Hadeeth# 163.

12. well as the greatesttypes of actionsby which Allah (SW) had
completed His religionof IslamandperfectedHis favorsupon
the believersasHe (SW) saYs::
(A 1 c,|^;Jr;{ ,; |F
"q
qt{lr 'i A}i:b
"And We have sent down the Book (Qur'an) as an
expositionof everything."(Qur'an16:89)
.
,F Ea;:A++ a;; ,-gjJl ;-r.a; Ft U;i-'ua-r- ot.f U)
( c.i--;el{r.r
"It (the Qur'an) is not a forged statement but a
confirmation of what came before (of Allah's Books: the
Torah, the Gospel and other Scriptures) and a detailed
explanation of everything."(Qur'an12' 1l l)
Hence, sincethereis no mentionof theseestimatesin the Book
of Allah and in theSunnqhof the Prophet(SAAW) it became
clear that one can rule them out of consideration' In fact, the
consideration(as proven above) is to be determinedby the
presence or absenceof menstrualblood. There is an important
benefit to be deducedfrom the discussionofthis issueandthat
is the fact that Islamicrulingscannotbe confirmedexceptby
an evidencefrom the Book of Allah (Qur'an)or theSunnqhof
the Prophet(SAAW) or a known ljmaa"',
14
li^oo', consensus of opinion amongstthe piousandrighteousMuslim scholars
in any generation. When nothing is directly mentionedin Qtu'anor theSunnah
aboul a case, then rhe ljmoa'is considereda valid case xe Fatawa lbitt
TaymeeyahVol. 19, P1'.5-8, and 192-202).Ijmaa'in Islanrbecomesabiding due
to'the fact that the Prophet(SAAW) hasrelatedin variousauthentictraditions that
the scholarsfrom amonghts Llmmah(community)will neverarrive at a consensus
that contains misguidancc or error.Allah (sw) protectsthem from this. Because
they were the closestgenerationto lhe Prophet(SAAW), the comparuonswere the
most qualified to arrive at a consensus(17mao').
9

13. or good Qiyasslj. Shayekul lslam lbin Taynreeyah said in one
of his basicrulings: "...and such is lhe Name: Haid, Allah had
based upon it many rulings in the Book and Sunnah and He
did not give us an "estimale" for what constilutes its shortest
or its longest perid. He (SIlr) also did not specify the lime
for which the woman is considered cleqn betweenany of her
two menstrual periods, although the Ummah is mostly affected
by this issae and need to know about it. Linguistically the
Name Haid does not charqclerize one "eslimate" or another.
So, anyone who eslimates a cerlaintime limitforHaidthen
he/she had taken a position that is not in accordqnce with the
Book and Sunneh."
Evidence No. 4: The Qiyass: AJIah(SW) establishedthatHaid
is painful, impure and harmful thing and that is why there
should be no sexualintercourseduring its manifestation.So as
long as there is Haid thenthereis harmandimpurity with no
difference between the second day andthe first nor between
the fourth and the third,...the sixteenthandthe fifteenth,the
eighteenth and the seventeenthbecauselTard remainsto be
Haid and painful and harm remainsto be harm! The reasonis
equally presentin anyofthe days.So, how canit be acceptable
to have separate rulings, one for each day, although the
existing reasongoverningthe ruling aboutHaid is the samefor
both? This is against good Qiyass Is it not that good Qiyass
159i1.rr,
analogical deduction ofa ruling regardinga speciticissuewhere 0tere
is no clear referenceto it in Qur'an,Snvuh or ljnad . The deductionis basedon
the goodresemblanceofa caseto anotheronefor which thereis a ktrown evidence
from Qur'an, Sunnah or ljnna'. An example ol Qivass is the prohibition ol
marijuanabasedorrthe Prophet'sstatement:"Every intoxicant is Kluntr and every
form of Khanr is Haraant." (SaheehMuslim-EnglishTrans.V.3 P.I I 08, Hadeeth
# 4963). Sincenrarijuanahasintoxicatingeffect it can Le classifredasKhamr and
thus Haraam (unlawful) (*e The Evolution of t"iqh by Abu Ameenah Bilal
Philips ( I 988) P.50; The TawheedPublications,Riyadh, SaudiaArabia).
l0

14. is to considerequalapplicationof the ruling on bothdays-
becausethe reasonbehind therulingequallvexistsin bothof
them?
EvidenceNo.5.' The disagreementsand disturbancesin the
sayrngsof those who speci$acertainperiodof timefor Haid
iniicates the absenceof evidencefor such sayings'These
rpi"io"t were arrived atbylitihaadl6 andtheyaresubjectto
being wrong or right and none of theseopinionshave
preciden"" over the other. And at times of disputematters
haveto bereferredto Qur'anandSunnah'
It shouldbeclearbynowthatthestrongestrulingisthatthere
is no timelimitationfor eithertheshortestor longestHaid and
accordingly:what the woman seesfrom her naturalblood
(other th'ana woundor somethingsimilar)is menstrualblood
without considerationfor timeestimatesor agefactorsexcept
the casein whichtheflow of blooddoesnotceaseor it ceases
for one or two daysper month and in whichthewomanis
consideredto bein astateof/sfihadah (seelater)'
ShayekulIslamlbin Taymeeyahsaid:"Basicqlly everything
thai comesout from thewombisHaid unlil an evidencecan
be establishetlto idicate lhqt it is Istih$tlsh"'He alsosaid:
"Any releasedblood is a Haid blood unlessit is htown to be
the typeof woundbtoodor bleedingfronr a bloodvessel"Not
onlyihissayingisthestrongestviewbutalsoit istheclosestto
understandandcontemplateandeasiestto practicelt deserves
to be acceptedaboveall otherviewsbecauseit fits thespirit
and essenceof IslamwhichisreliefandeasinessAllah'Most
High,said:
16
litit ood:isthe processof arriving at reaso*eddecisionsby well leamed scholars
to surt new crrcumshnces.
1l

15. (vAc6try4.C, c",riJ'o # J,'*u:b
"And He has chosenfor you (to convey Islam to mankind)'
and has not laid upon you any hardship in Deen (religion
as a code of life prescribed by Allah' i.e.,Islam)." (Qur'an
22:78)
The Prophet (SAAW) said:"Verily this Deen is very easyand
whoever overburdens himself in his religiotr will not be able to
continue in that way. Soyou should not be extremists, bul try
to be near lo perfection and receive the good tidings lhat you
will be rewarded"L. It is alsoknown that part of the character
of the Prophet (SAAW) is that whenever he had to choose
between two mattershe would chosethe easierone unlessit is
a wrong-doing.
THE HAID OF THE PRDGNANT WOMAN
Most often Haid stopsduring pregnancy.Imam Ahmodu, -uy
Allah's Mercy be upon Him said. "Women are able to
recognize being pregnant when their llaid stops". Ifthe
pregnant woman seesthe blood shortly before delivery (two or
three days) coupled with contractionsthen it is considered
Nilo"". If it is seen way in advanceof her delivery or shortly
prior to delivery but not accompaniedby contractions then it is
l7"Sah""h,lt-BrkAan (Arabic-English)V. l, P. 34, Hadeeth# 38.
'"
Imam Ahmad lbin Hanbal (164-241Hjl'778-855CE) becameoneof the greatest
memorizers and narrators of Hadeeth of his time. His greatest concem was the
collection, nanation, and interpretation ofHadeeth. He went through a series of
persecutionsbecauseofhis standagainstthe applicationofphilosophical concepts
in understanding the Qulan andHadeeth.His schooloflegal thoughtgivesHigh
emphasis to evidences from Qudan andSunnah and the consensusopinion of the
Sahaboh.
12

16. Haid or not?Thereisdisputeamongthescholarsonthisissue'
The right opinion, however,isthatthiskindof bloodisHaid
blood. The reasonbehindthis lies in thegeneralrulingthat
"The bloodencounteredbya womanisa Haidbloodaslongas
there is no reason thataltersitsconsiderationasHaidblood'
To this effect,thereisnothingin theBook of Allahandin the
Sunnah that indicatesthat a pregnantwoman may not
haveHaid".This is the opinionof ImantMalik''' ImamAsh-
Shaafe'e2q,the choice of Shayekullslamlbin Taymeeyah,
and not Nifass.In this case,the questionis raisedas to
whether it ian be consideredasHaidand thusapplyio it all
the rulings of also it is reportedthatImamAhmadreadopted
this position.Accordingly,alltherulingsgoverningthenormal
Haidareapplicableto theHaidof apregnantwomanexceptin
19lnnnr
lv{alik lbin Anaslbin Aanir (94 -179 Hjtl6-80lCE) born in Madinah
His grandfather,
'Aanir, was arnong the major companionsof the Prophet
tSaAWl t{e taughtHadecthin Madinah overa perio<iof forty years He compiled
a book containing Hadeethsof the Prophet(SAAW)and savingsoftheSaftaba
and their successorswhich he name<lAl-lyluvatla'. This book was translatedinto
English. However, an inrqluction by a mystic(Sr.li) personin Englanddistorted
the purity of the Book. Say'srris a mysticsectthat hrs nothingto do with Islam'
The followers of this sectclaim that "theyreceivedirect inspiration"i(aslr/'from
Allah", andthat thel'can influencethe universe!andthat the unity ofAllah means
that He is In everything. Certainly, Allah is Most High on His
'/rsi (Throne),
sees,knows, and encompasseseverything,andI{e doesnot "unite in His creation"
as the Chnstians and other sectsclaim!. Allah's attributesare alluniqueand
perfectanddistincttiom thoseofHis creatlon:
( ..irr*r){ r-l'C-1 9; !; *-f ; }
"There is nothing like unto Him, and He is All-Hearing, All- Seeing"(Qu/an
4 2 : 1 i )
20ln,anr
As-Shaaf'ee; (150-2M H11167'820CE): Muhamrned Ibin IclreesAsh-
Shaafiee, was bom rn Ghazza and travellcd to Madirrah illhisyouthtostudy
under Imam Malik. He also studied in Iraq under Imam MuhammadIbin al-
Hassan,The famous student ofhnantAbuHaneefah(SeeFN #28 ImamAsh-
Shaafi'ee holds the distinction of being the first Itnam to slstcmatlze the
fundamentalpnnciples of IslanricFrglr (Junsprudence)
l3

17. two cases:
a) Divorce: It is known that divorcinga non-pregnantwoman
must take place during her lddq" (i.e., rn a cleansestate in
which her husbond did not have inlercourse with her or if it is
known thot she became pregnant) and not while sheis in her
Haid becauseIslamicallythis is unlawful.Allah (SW) says:
. . _ , , r , , f 3 - 3 . r t t - i i : , ' r , ' . i ; , . , r .
( rr9)i.aJt;
{
"f.rt
trM et-;lt
1*-rtla
l:!
f
"When you divorce women, divorce them at their ldda
(prescribedperiods)" (Qur'an65: 1).
As far as the pregnant woman is concernedherlddaisher
period of pregnancywhethershewas menstruatingor not. So
her divorce is dependentupon thecompletionofhertermof
pregnancyandhasnothingto do with herHaid.
b) The ldda of the pregnant woman endswith her delivery
whether she is menstruatingor not dueto the sayingof Allah
(Sw):
(r .ilLir; $ji; ;iz; oijjt*i..)r-a-!rc,)_,!F
"For thosewho are pregnant(whether they are divorced or
their husbands are dead),their period is until they deliver
their burdens."(Qur'an65. 4)
2 1, , ,- 'Idda
lPrescribed period;. The definition o/ Idda lies in the following Hadeeth
in SaheehAl-Bukftan (Arabic-English), V.7, P.129# l'18
Narrated Abdullah bin Unnr (lM) that he had divorced hiswife while shewas
mensttaating duing the l;fetimeof Allah's Messenger.Umor bin Al-Khatab asked
Allah's )v[essengerabout that. Allah's Messengersaid: "Order him (your son) to
lake her back and keepher till she is clean and then to vait till shegets he,,next
pend (laid) and becomescleanagain, whereupon,if he wishesto keepher, he
can do so, and if he wishesto divorce her he can divorce her beforehaving sennl
intercourse with her; and that is theprescibed perid whichAllah hasfixed for
the womannreantto bedivorced".
t4

18. ChapterThree
ChanqesInTheStateOf Menses
ftrere are many types of changesthat affect the state of
menses:
First: Increaseor decrease,e.g.a periodthatnormallylasts
for six days continuesfor one more day or a period that
normallystaysfor sevendaysendsonthesixthday.
Secondl Advancementor Delay, e.g. a womanhavingher
"normal" period at the end of eachmonth finds herself
menstruatingat the beginningof the monthor theopposite'
Scholarsdid differ about thereligiousdecreeregardingthese
two situations.The correctpositionisthatwhenevershesees
the blood thensheismenstruatingandwhenevershebecomes
cleanthen she is in the stateof purityregardlessof whether
there was an inciease,decrease,advancementor delayin her
period.Thisisbecausetheapplicationof rulingsaboutHaid,as
ietailed above,dependsupon the actualexistenceof Haid
blood.
Third: yellowishdischarge(whichlookslikeyellowishpus)
or Kudrah. lookingbetweenyellowishandblackishdischarge'
If thisoccursduringtheHaidpenodor immediatelyafterit and
prior to the stateof Tahara(cleanliness),then it is to be
consideredas Haid with all the rulings of Haid being
applicable.if thesedischargesoccurafterthestateof Tahara
then it isnotHaidin lieuof thesayingof Umm'Ati1rya(RAA);
"we neverconsideredyellowishdiscl2qrge(after cleanlinessas
a lhing of inryortance(asmenses)u/l. Thesamewasreported
bv et-iuttrari23withoutthewords"aflercleanliness"'
22Relate<l
by Abu-Dawoud with a gocdchainof narrators
23 Soh"rhAi-Bukhan (Arabic-English)V l, P.194# 323
15

19. Imam Al-Bukhari, however, tabulatedthis Hadeethunder the
Chapter Title "Yellowish dischargeduring the days between
the periods". He basedthis upon anotherHadeethby 'Aishain
the same Chapter entitled "The beginning and end of the
menstrual periods":
"Some women used to send thepads of cotton with traces of
yellowish discharge to 'Aisha (RAA) (for the verdict to lonw
whether they had become clean from menses or not). and
'Aisha (MA) would say:"Do not hurry till yott see AI-
Qassatal' Boyedaa' (white discharge from the womb: the
cotton pad will be white) meaning the perfect disappearance
of menses"t' .
Fourtlt: discontinuity in menstruationsuchthat blood flows
on one day and it stops the next day. There are two
circumstancesassociatedwith this type:
(l) discontinuity occurs all the time. In this casethis blood is
considered a blood of Istihadah and all rulings of Istihadah are
applicable.
(2) discontinuityoccursonly sometimesandthereis a period of
cleanliness. Scholars differed regarding this period of
cleanliness: is it really a period of Tahara whereby the laws of
Haid arenot applicable,or is it part of the Haid?
According to Imam Ash-Shaafi'ee,Ibin I'aymeeyah,and Imam
Abu Haneefat' schoolofthought this adsociatedperiod is part
of Haid because the QassahAl-Bayedaa' is not seenand if it
were to be consideredas"Tahqra" thentherewill be difficulty
24iUiA,V.
t , P.I 90, Chapter:"The begtnnrngandthe Ending of menstrualPeriod"
16

20. and hardshipupon women.Certainlythis is againstthe essence
of the lslamic princiPles.
On the other hand, the well known opinionof the Hanbali
School of thoughtis that blood flow is Haid andcleanlinessis
"Taharqu except when the combined times of Haid and
"cleanliness" exceedsthe "longest period of Haid" which,
according to this school is fifteen days.Blood flow beyond
this "upper limit" is consideredIstihadah."The author of'4l-
Mughnee (a greatreferencebook compilingtheHanbaliFiqh)
said: "If the blood stopsfor lessthan onedaythe statecannot
be consideredas"Tqhara" unlesssheseesa clearevidence,for
example,the flow stopsat the endof her periodor sheseesthe
OassahAl-Bayedaa^/)
in,,
"u,no,
,uia."rn" abovesayingin theMughneeisan
intermediatepositionbetweenthe two aboveopinions,and
AllahKnowsbest"
Fiftlt: drynessin the blood: A womanseessomewet
dischargeIf this occursduringHaid or linkedto it, priorto
Thharo, then it is menstruation(Haid). If it occursafier
Tqhqrathenit isnotHaid.
zsAl-lr,lrghrwv l, P.355
17

21. ChapterFour
LawsAboutMenses
There are many laws about menses. It is enoughto mention
those that are most needed.
First: Menses and Salat (Prayers)
All kinds of Salat, obligatory or Sunnah, are prohibited for
women in their menstruation It is not obligatory on a woman
to perform Salat unless she could get one complete Raka'
within the prescribed time of Salat.To illustratethis consider
the following two examples:
Example One: A woman had her mensesright after sunset.
However, she was cleanfor a period of time sufficient for her
to get one Raka'fromthe MaghlD (Sunset)prayer.Onceshe
is completely clean,shemust makeup for herMaghrib prayer.
Example two: The mensesof a woman stoppedbeforesunrise
and within the time sufficient for her to perform oneRaka'
from Salat Al-Fajr (Dawn). Once she completely cleans
herself,then shemust makeup for SalatAI-Fajr
In both examples,if the time is not enoughfor her to get one
Raka', then it is not mandatory upon her to perficrm Salat
because the Prophet (SAAW) said'. "Whoevercould get one
Raka' EI q prayer (in its proper time) he has gol the
prayer"zo. This Hadeeth implies that whoevercould not get
oneRak'q of a prayerin its propertime, thenhe hasnot got the
prayer.
26
SaheehAl-Bukhan (Arabic-English),V.I , P. 122,Hadeeth# 554
l 8

22. Case: supposeawomancouldget oneRaka'of 'Asrprayerin
its proper time. Is it then obligatoryupon her to perfbrm
SalalAI-Thulr (Noon)with Salatl/-Asr (Afternoon)?or if a
woman could get oneRalca'of Isha'prayerin its propertime,
is it then obligatoryupon her to perfbrmSalatAl-Maghrib
with Isha'?
There is dispute amongstthescholarsabouttheseissues.The
right position,however, isthatsheshouldonlyperformwhat
sheis ableto getof aparticularprayeri.e.,SalatAI-'Asrand
Isha' only. This is basedupon the Hadeethof theProphet
(SAAW): "ll'hoever could get one Raka' of Salat Al-'Asr
i"f"n sunset,then he has*gottenthe 'Asr.'(agreedupon127
He (SAAW) did not say "then he/shehasgottenThuhrand
'lsr prayer!". He did not mentionthatit is mandatoryto do
SalatAt-Thuftr.This is thepositionof theschoolsof thought
of ImamMolik andImamAbuHaneefah2S.
Case: During Menses,it is notunlawfulto celebrateAllah's
Praises(Saying Takbeer,Tasbeeh,and Tahmeed)2g,saying
Bismillah before acting upon something(eating,drinking,
etc..),readingHadeeth,Islamicdiscussions,invocationupon
Nlah (Dua and listeningto therecitationof Qur'an.It has
beenconfirmedby'Aisha(RAA)thattheProphet(SAAW)
''saheeh
Maslrz (English: translatedby AMul Hamid Siddiqi and publishedby
Dar AI-Arabi, BeiruGlebanon) V. 1, P. 298,Hadeeth# 1266.
28Abu Haneefah al-Nu'nan lbin Thabit lbtn Zouta (80'I 50 IIjt'700'770 CE). one
of the great Juristsof Islant.He wasborn h Kufahand died in Baghdad.He saw
the Sahabi, Anass Bin i4alik when the latter came to Kufah.Hewasapious
scholar who respected the Hadeeth of theProphet 6,MW) to the degree that he
would not narrdte any hadeeth unless he lorcw it by healt. He considered the
Hadeeth above his own saying. He did not call people to blindly imitate him'
29Tokb"r" vytng Atlahu Akbar (Allah is The Greatest);Tasbeeh:sayingSubhana
Allah (MosI Glorified is Allah); Tahneed.sayingAl Handulil'lah: All Praiseis
due to Allah.
l9

23. used to: "learn on my lap and recite Qur'n whil I wasin menses"
(Al-Bukhari and Moslim).3OAlso Umm
'Atiyya
reportedilrat she
heardthe Prophet(SAAW) saying:"The Unmarriedyoungvirgins
and the mature girl who stay often screenedor the young
unmarried virgins who oftenstayscreenedand themenstruating
women should comeoutandparticipate in thegooddeedsof the
Eid prayers (Greater and LesserBairam) as well as thereligious
gathering of the faithful believersbut themenstruatingwomen
shouldkeepawayfrom theMusalla (prayingplace) "31
Case: Therecitingof the Qur'anby amenstruatingwomeneither
via direct looking or silenfly (in her heart) without the actual
uttering by the tongueis permissible.The majority of the scholars
are with t}te opinion that it is prohibited for her to utter tlre Qur an
recitation. ImamBukhari,Ibn JoreerAt-Tabaree, Ibn Al-Monthir,
Imam Malik and Imam Ash- Shaafi'ee (in one of his earlier
sayings) arewith the opinionthatit is permissiblefor herto recite
the Ayah (verse in the Qur'an). Shayekullslam lbin Taymeeyah
said: "Basically, ther is no Sunnahto preventherfromreciting
Qur'an. The "hadeeth"that: A mentruating womanandtheone
who is in state of Jannabah32-shotidnotrecits,antthingofthe
Qur'an", is a weak hadeethasagreeduponby theknowledgeable
scholarsof Hadeeth.In fact woman at the time ofthe Prophet
(SAAVD usedto have their monthly cyclesofmenses.Hadthe
recitationof the Qur'anbeen
zoSaheeh Al-Bukhari (g166is-English)Y.1,p.179, Hadeeth#269.
:t Agreed upon Hadeeth. ltSaheeh Al-Bukhari (Arabic- English),V.l,
P.192,Hadeeth#321.
tz Jannabah: is the state in which aman (or a woman) has sexual
discharge during sexual intercourse or in a drearn, etc. In this statea
Muslim is not allowed to pray or do otherkinds of worshipsunlessand
until he (she) performs Glnsl (havea full shower)or do Tayammumif
he/shecannotusewaterfor anvreason.
20

24. prohibited for them (as it is the casewith the Salat) thenthe
Prophet (SAAW) would havemadeit clearto his Ummah (Islamic
community) and his wives would haveknown aboutit andthey
would have disseminatedthis knowledgeto thepeople.Because
no onehadrelatedaprohiptionby the Prophet(SAAW) abouttJris
issue,thenit cannotbemadeunlawfirl especiallywhenit is known
that he (SAAW) did not prohibitit at thetime whenmenseswas
very much present.Accordingly, recitation by thetongueis not
Haram (legally unlau'fui).r: This authersaid:"Havingknownthe
drsput betweenthe scholarsabout this matter, then it is more
proper for the menstruatingwoman not to reciteQur'anbythe
tongueexcept whenit is necessarye.g.if sheis ateacheror if she
preparingfor anexam."
Second:Menses& Fasting
It isunlawfulforamensturatingwomantoperformalltypesof
fasting:obligatoryor optionalIt is, however,obligatoryto
make up for the missedobligatorydaysof fastingasexplained
by 'Aisha (RAA). "We passed through this (period of
menstruatiott), and v'e u'ere ordered lo complete (i.e.,
compensale) lhefasts bul u'ev'ere ilol ordered lo complele the
proyrrr" (agreed upon Hadeethl3l Ifthe woman encounters
menseswhile fasting then her fasting is negatedevenif her
blood flr-rwoccursa momentbeforesunset If this day is one of
the prescribeddays of fastingthenshemustmakeup for this
day once she becomesclean Ifon herdayoffastingshefeels
she is about to have her menses but no blood flow actually
occurs till after sunset,thenherfastingis completeandis not
negated in accordancewith the right opinionaboutthis matter.
This is becausethere is no rulingregardingbloodinsidethe
woman'sbody andbecausetheProphet(SAAW) whenasked
* -')-'.lbi,,
Tat,n'"etohin.41-Fataua(religiousdecrees)V 26, P. l9l
''*The
tert rsliom Srrlerirl/rslinr, V l, P l9l

25. "is it necessaryfor a woman to take a bath after shehasa wet
dream (nocturnal sexual discharge)?" he replied: "Yes,ifshe
notices a discharge.'o' So, he (SAAW) conditioned the ruling
upon the actual seeing of the discharge and not upon its
transfer (from inside-out). Similarly in the caseof Haid, the
ruling appliesonce there is an actual seeingof discharge.
Case: if a wornan'speriod continuestill after dawn (Fajr), then
no fasting will be acceptablefrom her on this day even if she
becomescleanmomentsafterdawn.
Case: if shebecomescleanbeforeFajr andshefasted,then her
fasting is correct even though she may have not taken her
cleaning bath till afterFajr time. This is the sameasin the case
of the person who has Jannobah. Ifhe (she) intendsto fast
and did not take his (her) bath until afterFajr, then his (her)
fasting on this day is correct. This is in accordancewith the
Hadeeth of 'Aisha (RAA) who said that: "The Prophet
(SAAW) used to get up inastate of Jannabah(aftersexual
relations with his wives) and fast during the month of
Ramadan."36
Third: Menses & Tawaff Around The Ka'ba
It is prohibited for the Haa'id (menstruatingwoman) to
perform Tawaf (obligatoryor non obligatory)becauseof the
saying of the Prophet (SA,A'W)to 'Aisha when shehadher
period during Hajj. "Do all that the Pilgrim is supposedto do
except that you don't perform Tawaff around the Ka'ba till you
llSaheeh,ll-Bukhan (Arabic-English)V. l, P. 17l-2,Hadeeth# 280.
'o'Airhu
(RAA) said: "The dawn broke upon rhe lv{essengerof Allah (SAAIV)
duing the Ramadan in a stale of Jannabah not becuaseof sexual dream (but on
account of intercourse) and he washed hinself and obsened /ast"-Saheelt
Muslim.V.2.P.539.
22

26. are clean (from your Haid137".It is notunlawfulfor herto
perfiormthe rest of the rites of Haii.So, if awomanmakes
Tawaff while she is cleanandshehadhermenstruationright
after-ihe completesher Tawaffor duringherSa'i,thensheis
relieved.
Fourth: Exemption From The Farewell Tawaff
If awomancompletestheritesof Haii andUmrqandshegets
her mensesbefore she departsto herhome(countryor city),
and if thisis stillcontinuousatthetimeof heractualdeparture,
then she can leavewithout performingtheFarewellTawa/f'
This is in accordancewith theHadeethnarratedby Ibin Abbass
(RAA): "The people were orderedtoperformtheTawaff-al-
Itrada' (Farewelt) as the last thing before leavirtg(Mecca)
exceptthemenstruatingwomenwhowereexcused'Do
Case: It is dislikedfor a menstruatingwomanto doherDua'
(invocationupon Allah) by the dootof Al-MasjidAl-Haram
(the SacredMosque),becausethiswasnotthepracticeof the
lrophet (SAAW).Onthecontrary,whathasbeenreportedby
the Prophet(SAAW) is his orderto Safiyah(RAA) to leave
after she had her menstruationfollowing the Tawaff of Al-
If"d"h (theobligatoryTawaff)If, however,awomangetsher
mensesbefore performingTawaffAl'Uadah or that of the
(Jmra,thenshemustmakeup theseTawaffsaftershebecomes
clean.
Fifth: Menses& StayingIn TheMosque
It isprohibitedfor a menstruatingwomanto stayin a Mosque
]liuia. rootnot"I s
lEAgr."d
upon Hadeeth: SaheehAl-Bukhan (Arabic-English)V 2' P 469
i{adeeth# 810.

27. (even the 'Eed prayingarea)in lieuof theHadeethof Umm
'Atiyya (RAA) when she heardtheprophet(SAAW) saying:
"The Unmarried young virginsand themaluregirl who stay
often screenedor theyoungunmaried virginswhooften stay
screenedand the menslruating womenshouldcomeout and
participate in the good deeds as well qs the religious
gathering of thefqithful believers..." He(SAAW) endedby
saying:"bul themenstruqlingwomenshouldkeepawayfrom
theMusollo (prayingplace);'39.
Sixth : Menses & Legal Sexual Intercourse
It is prohibitedfor a husbandto havesexualintercoursewith
his menstruatingwife, andit isnot allowedfor herto makeit
possiblefor him.Allah(SW)says:
. t t . , ,
!J ./.Jl s,;t*:Jlt-)fv ,s;i|* p .rzj.ro" Ji;-:b
(yyyr;lt; { rib, ,r;.e.n-*
"They ask you concerningmenstruation.Say:that isan
Adha (a harmful thing for a husbandto have a sexual
intercoursewith his wifewhilesheis havinghermenses),
thereforekeep away from women during mensesand go
not unto them till they havebeenpurified(from m€nses
andhavetakena bath)."(Qur'an2:222)
Menseshererefersto the periodof menstruationand the
privatepartof thewomanistheprohibitedplace.Theprophet
39ibid'
F.N* zq
L q

28. (SAAW) said: "l)o everything except sexual inlercourse"40
All Muslims had ljmaa' prohibitingsexualintercoursewith a
menstruating woman. It is not permissible for anyone who
believes in Allah and in the Day of Judgmentto practicethis
act. Anyonewho doesthis thenhehaddisobeyedAllah and
$fs
Messengerandfollowed a pathotherthanthe believerspath-'
It is reiated that Innm Ash-Shaafee'hadsaid:"Anyonewho
does such an act then he had committed a Great Sin". Other
scholars of the same school said: "Anyone who sees it
permissibleto have sexual intercoursewith a menstruating
woman then a decreeof hisKufr (rejectionof Faith) shouldbe
made".
In order to breakthe intensityof sexuaidesire,it is permissible
(and praise is due to Allah) to kiss' hug and fondle a
menstruatingwomanin placesotherthanher privateparts lt is
important, however, that the husbanddoesnot approachthe
area between the knees and the navelu'ithout layinga cover
sheet as 'Aisha (RAA) explained:
.He (SAAII/)usedlo order
me lo pul an lzar (dress worn belou' the waisl) and usedto
fondle me (during her menses)"''
4q.SohuhMuslim(English)V L P.l75,Hadeeth#592
o'nlluh
1sw;*amssaying:
JE-.- )-:-e5-:?J is-r..6.ll
'*f
;;U u.,/ J-r-):Jf .tl F
( o e[- jJ
) {
,-*
'icw1
;+-
^t-.'t i; U
l-";r"jJt
"And whoever contladlctsandopposesthe MessengertMuhammacl
(SAAW)) after the RaghtPath has been shown clearlyto him, and
iottows other than the believers'way,We shall keeph'm in the Path
he has chosen, and burn him in Hell;--whatan evildestination"'
(Qur'an4: 115)
a2SaheehAl-Bukhan(Arabrc-English):V l, P.180,Iladeeth# 298
25

29. Seventh: Menses & Divorce
It is prohibitedto divorce the wifeduringhermenstruation.
Allah(SW) says:
( crr),$Jt;4,,1.4.'"r|rt)b,;v-eriu t:1|
"When you divorce women, divorce them at their lelda
(prescribed periods)" (eur,an 65: l) meaningthat at the time
of divorce they should be in conditions that, will allow the
determination of their coming ldda. Theconditions are such
that the woman is either clean(from mensesand prior to any
sexual intercourse) or she is pregnant (and her prescribej
period is until shedeliversherburden).I{, for example,sheis
divorced while in menses,her menseswill not be countedas
part of her prescribed lddq (seefootnote # 2l) andtherefore
she will missher accuratedeterminationof lddo. Arso if sheis
divorced while in a clean state and following a sexual
intercourse with her husband,then she is not sureabout her
Idda (or may not be pregnant).Due to the lack of uncertaintv
concerning her type of lddo, it is prohibited for a man t;
divorce his wife until her state (cleanor pregnant)becomes
clear.
It is also confirmed that the prophet(SAAW) becameangry
when he heard that lbn Llmar (RAA) divorced his wife whill
she was in her menses.He told Umar lbn At-Khataab (RAA),
fo order his son (Ibn Umar) to',turn her back,,(seefootnoie
+21). So, if a person divorces his wife while she is
nenstruating then he had committeda sinandmust sincerely'epent
to Allah, negate his decision,let her stay until she
recomesclean, wait for her next menses,andthenafter she
'ecomesclean again he hasthe choiceto keepher or divorce
er beforehavingsexualintercours'ewith her
26

30. There are three provisionsthatallowdivorceduringmenses.
Theseare:
FIRST: Divorce is madebefore he is aboutto havesexual
seclusionwith heror priorto bctuallyhavingsexualintercourse
with her, because under thesecircumstancesshe has no
establishedldda andher divorceis not in disputewiththe
sayingof Allah(SW):
( ccr),t!Jl;a:lr{ l:+-4.'"}Pb
"Divorce them at their Idda (prescribed period))" (Qur'an
65: 1)
SECOND: If menses occurs during pregnancy, because as
explained earlier, herldda is not relatedto her mensesbut her
pregnancy.
THIRD: If divorce is made in return for something (AI-
Khut) For example,if therearecontinuousstrongdisputeand
ill-treatment betweena husbandandhis wife, then the husband
can acceptsomethingin return for the divorce of his wife. The
evidence is in the Hadeeth narratedby lbn Abbass(RAA) in
which the wife of Thabit Bin Qais bin Shamasscameto the
Prophet (SAAW) and said: "O Messenger of Allah! I don't
blame Thabit for defects in his character or his religion, but I
, being a Muslim, dislike ta behavein an an-lslamic manner
(If I remain with him)". On that theProphet (S'4A14/)said to
her: "will you give b.pckthe gardenv'hich your husbond hos
given you (as Mahrar)?" She said: "Yes". Thenthe Prophet
(SAAW) said to Thabit: "O, Thabit, acceptyour garden, qnd
divorce her once'44.
43
Mohr,dower. bridalmoneY.
44SaheehAl-Bukhan (Arabii-Engtish), V. 7, P.I 50, Fladeeth# I97
27

31. The Prophet(SAAW) did not ask whethershe was in her
mensesor not. Underthesecircumstancesof genuineneed,the
wife can ask for her divorce regardlessof her menstrual
conditions."Divorcing during mensescouldharmthewoman
becauseit will elongateherldda. Ontheotherhand,theharm
resultingfromill-treatmentandstrongdisputesis muchgreater
than the harm inflictedduetotheelongationoftheldda,and
thereforeit is more urgentto removethroughtherequestfor
divorce.This is why the Prophet(SAAW)didnotaskabout
themenstrualconditionsof thewifeof Thabitbin Qais"4s.
Case: The establishmentof a marriagecontractwith a
menstruatingwoman is permissiblebecause there is no
evidenceto indicateotherwise.However.thehusbandshould
be cautionedthatifhe isunableto holdhissexualCesires,then
he shouldnot have seclusionwith{riswifeuntil sle becomes
cleanfromhermenses.
Eighth: Menses & The ldda ol Divorce
If a husbanddivorceshiswifeafterhisfirst sexualintercourse
with heror afterbeingalonewithher,thensheshouldhavean
Iddo of threecompletemenslrualiols(if sheisa menstruating
womanandnota pregnantone).Thisisin compliancewiththe
sayingof Allah(SW):
(yyI c;lJr;4 2ti
";x'rat'";;"iuii(r. y
"And divorced women shall wait (as regards their
marriage) for three menstrualperiods" (Qur'an2.228).It
she is pregnant then her ldda is up and until she delivers
(whether it is a short or long pregnancy),becauseAllah (SW)
says:
45cit"d in Al-lrlughnee,Y . 7 Ta-Meem,P.52
28

32. / . r i . , . t l ' l r . ( ' ' ' '
(r rcr)"Ljl;t;L; o,4;:1tJ;i JL;)l u)t-l f
"And thosewho arepregnart(whethertheyaredivorced
or their husbandsaredead)theirldda (prescribedperiod)
is until theydeliver(their burdens)".(Qur'an65:4).
If she has no courses(of menses),liketheimmature,or if she
passedtheageofmonthlycoursesor shehadsurgicalremoval
of the uterus, etc.,thenherlddo isthreemonthsin lieuof the
sayingof Allah(SW):
t;i;,.f,r,
'"1A
ft)t Jr€t-. u ;z-e"ttu ,*,pilll F
(t .cr),tbjl;1.;-.;" i .-irut-t
"And those of your women as have passed the age of
monthly courses' for them thelikls (prescribed period)' if
you have doubts (about their periods), is three months
and for those who have no courses (i.e.' they are still
immature), their Idda (prescribed pcriod) is three months
like wise (Qur'an 65 :4)" [except in the caseof death(see
Qur'an2'.234)1.
Case: If the woman is of thosewho havemonthlycourses,but
due to a known reason(sicknessor breast-feeding)her menses
stops. She should stayin her Idda (eventhough it may become
longer)until shegetsback her menseswherebyshetakesit into
account in the calculation ofher ldda.Ifthe causehasended
yet shedid not resover her menses,then her ldda becomesone
full year startingthe time at which the causeended.This is the
right opinion that fits the basicsof our Islamiclegallaws.Her
case is analogousto thosewomenwho, for unknown reasons,
their mensesstopped. Her complete ldda is One Year: nine
months (to accommodatea possiblepregnancy)plus three
monthsfor her originalmonthlycourses.
29

33. Crse: If Divorce occursafter establishingthe contract of
marriage,but prior to seclusionandsexualintercourse,then
thereis nolddo whatsoever.Allah(SW)says:
. t , ' . . r ' - i i r : , t , )
" ' . . : , . , ,
, : r , . 4 , . t
-'t |i;r; fy{.b f- ttr}l -h-}::
l)l I }r1r JJJI t#l L' qF
(11.-,t;-!r;{ qrr; :+ y'* I L; :e*
"O you who believe! when you marry believingwomen,
and then divorce them before you have sexualintercourse
with them, no Idda [divorce prescribed period, (Qur'on
65:4) have you to count in respectof them. So give them a
present, and setthem free in a handsomemanner.t'(Qur'an
33 49)
Ninth:A FreeUterus
A uterus freefrom pregnancyhasa relationshipto the stateof
mensesof a woman and thus to the application of certain
Islamic Laws. For example, if a personrelatedto a married
woman dies and he has a particular inheritance.To know
whether the woman is pregnantor not determinesthe stateof
distribution of inheritance.Her husbandshouldnot havesexual
intercoursewith her until after:a) shemenstruates,indicating
that her womb is freeandthusno inheritanceapplies;b) her
pregnancyat the time of deathof the inheritedpersonis clearly
proven. In this case the distribution of inheritancemust
considerthe new born.
Tenth: Obligation To Have Ghusl
It is obligatory upon a menstruatingwomanto take a bath at
the endof her menses.This is in accordancewith the sayingof
the Prophet (SAAW) to Fatimah (the daughter of Abi
Hubaish): "(jive up theprayer whenyour n ensesbegins,anci
after it finishes, u,ct.shthe blood off your body (by having afull
3 0

34. shower),qnd start praying'46. Theleastto do whiletakinga
bath is to washoff all of thebodyincludingthescalpof the
head.The best way of bathingis the way describedbythe
Prophet(SAAW)whenAsma',thedaughterof Shakl,inquired
aboutGhusl.He (SAAW)said:
"Everyoneamongstyou should use waler (mixed with lhe
leavesofl thelote-treeandcleanseherselfwell, and thenpour
water on her head and rub it vigorously till it reachesthe
roots of thehair. Thensheshouldpour wateron it. Afterwards
she should take q piece of colton smearedwith muskand
cleanse herselfwith the help of that? Upon this he (the
Messengerof Allah) observed:Praisebeto Allah, sheshould
cleanse herself. 'Aisha said (in a subduedtone) that she
shouldapplyil to thetraceof blood'o'.
It is notobligatoryuponthemenstruatingwomanto undoher
hair once she is readyto do Ghnslunlessherhairis closely
plaited to the degree thatit will preventwaterfrom reaching
under the hair. Umm Salamah(RAA) askedthe Prophet
(S.AAW): "l qm a womctnwho hascloselyplaitedhair on my
head: should I undo it lor tahngabath, becauseof serual
intercourse (or dueto Hoid asin onenarration)? He (SAAW)
sqid: qnd thenpour water over yourself, and yan shall be
purifed."l8
Case: If the menstruatingwomanbecomescleanwithinthe
prescribedtime of one of the prayers,then she should
immediatelytake abathsoasto beableto performherprayer
on time.If shewasontravelandtherewasno availablewater
4lsaneeh
,ll-Bukhan (Arabic- English), V. I , P. I %. Hadeeth# 327
"'SaheehMuslim (English),V. l, P.188,Hadeeth# 649.
4SSaheeh
Muslim tenlisni, v.l, P|87, Hadeeth# 643.
3l

35. or if shewouldbeharmed(dueto a certainreason:sicknessor
otherwise)by theuseof availablewater,thenshecanperform
Tayammum49up until the causesthatpreventherfrom using
waterarelifted.Shecouldthentakeabath.
Case: There are somewomen whobecomecleanduringthe
prescribedtime of a ptayerbut theypostponetakingabath
claimingthat they are unableto finish cleaning themselves
within the prescribedtime of prayer!Thisis onlyanexcuse;
becauseshe can perform the mandatoryactsof Ghuslthat
would make her cleanand still performprayerontime.She
couldperform a completebathwheneversheisfree.
4gToyo^^u . to put or strike lightly the handsovercleanearthand thenpassthe
palm of each on the back of the other, blow off the dust and then passthem over
the face.This is performedwhen water is not availableor if its useis harmful'
32

36. ChapterFive
ISTIHADAH
ISTIHADAH is the vaginal bleedingof a woman suchthat it
may not stop or it may stop but for a short period of time (a
day or two in eachmonth).
1) Bleeding that does not stop:
'Aisha (RAA) relatedthat:
"Fatimah bint Abi Hubaish saidto the Prophet (SAAW): "/ do
not become clean (i.e., bleeding is not ending) qnd in one
narration "I got persistent.^bleeding (in between the periods)
and ] do nol becomecleart'Ae.
2) Bleeding that stops for a short period of time.' Humnah
bint Jahsh came to the Prophet (SAAW) 19d said:
'My
menstruatrcn wasgreat in quaitity and severe"S0
Several States of lsfifadaD
ONE: The woman has a known period of normal cyclesof
menses prior to Istihudah. The womanin this caserefersto
her previously known periodof mensesandduringthis period
she applies all the rulesregardingSalat,Fastingetc.Bleeding
in days other than this reference period is considered as
Istihadoh with all associatedrulesbeingapplicable.
Example: A woman usedto get normalbleedingfor six days
at the beginning of each month. She then started to have
prolongedbleeding.For this woman herHaid period shouldbe
50R"lut"d by Ahmad, Abu-Dawoud, and At-Tirmidhi who said it is Saheeh
(coneci Hadeeth). It is alsorelatedthat IrnamAhmad consideredthe Hadeethto
be Saheehand that Imam Al-Bukhari is reported to have said it is good Hadeeth.
33

37. the "first six daysof everymonth".The following extravaginal
bleeding is her Istihadah. This is in accordance with the
Hadeeth of
'Aisha (RAA) who narratedthat. "Fatimah binl Abi
Huboish asked the Prophel (SAAW): "l got persistent bleeding
(in belween lhe periods) and do not becomeclean. Sholl I give
up prayers? He (SAAII/) replied: No, this is from o blood
vessel. Give up the prayers only for the days on which you
usually ge.t the menses qnd then take a bath and offer your
prayers'Dt . And in SaheehMuslirn, the Prophet (SAAW) told
Umm Habeebahbint Jahshwho had a prolonged flow of blood
to "refrain (from^prayer) during your menstrualperiod, then
wash and pray")/. Having donethis sheshould pray and pay
attentionto anyflowing blood.
TWO: The woman does not have a known period of
normal cycles of mensesprior to Istihatluh.Tobeableto
distinguish between her blood from normal mensesandher
Islihqdoh blood, she shouldwatchfor somecharacteristicsof
these two typesof blood.Haid blood maybe characterizedby
thickness,darknessor certaindistinctodor.
Example: a woman seesa continuousblood flow but shesees
it dark for the first ten daysandred for the restofthe month.
Or it looks thick for the first ten daysandsoft for the restof
the month,or for the first ten daysit hasthe characteristicodor
of Haid blood and it becomesodorless for the rest of the
month. So her Haid periodis the dark blood flow for the first
example, the thick blood for the secondandthe onewith the
distinct odor ior the third. The bleeding that follows is
consideredIstihqdah.It is relatedthat the Prophet(SAAW)
llSaheehAt-Suhhan(Arabrc-English)V l, P.194,Iladceth# 322
)zsaheehMrsiim (English).V. l. P.| 89, Hadeeth# 65{
34

38. told Fatimah bint Abi Jahsh. "When the blood of menses
comes, it is black and can be recognized; so when lhal comes,
refrain from prayer, but when a dif/erent type of blood comes,
perform ablulion and pray, for it is (due only to) a vein'Dr
THREE: The woman does not have a knot'n period of
Haid and lacks the distinctive characteristics mentioned
above!. Blood flow is continuouscarryingthe samequalityor
flowing with abnormalqualitiesthat makeit hardto distinguish
the Haid bleeding from that of thelstihadshbleeding.Inthis
case, women encounteringthis prolonged andundetermined
type of flow shouldconsidertheir Haid periodto be the period
encountered by most women: 6-7 days of Haid flow per
month, startingfrom the time sheseesthe flowing blood. Other
than this period, the blood flowing should be consideredas
Istihadah.
Example: A woman seesher blood for thefirsttime on the
fifth day of the month and it continuesto flow while sheis
unable to distinguishanydifferencein color,odor or thickness
of blood Her Haid periodshouldbe six or sevendaysstarting
on the fifth dayof eachmonth.Thisis in lieuof theHadeethof
Hamnah bint Jahsh(RAA). Shesaid "O Messengerof Allah I
em a woman v,ho menslruales itt gt'eal quznlily and it is
severe,..;o whal do Tutu lhink aboul it? It hasprevenlednre
from praying and fastitrg". He said: "l recommend tltcttyou
shctuld use colton, pul il on)orrr privatc part, for il qbsorbs
the blood. Sherephed; "ll is ltto copittusfor thal..." Inthis
)JRelated bv Abu l)arvoudandAl-Nassaa'ce,Ibrn I lahbanand Al-Hakim said it
is Saheeh.lhs authorsaid:
'although
thcrcarccrliicalvieus rcgardtngthechain
of narrators and the intcrprctation of this Iiadeeth, it liad been a prastical
relcrencefor sortreMuslinr scholarsandtt is a e+ttcrref'eretrcethanrei-erringto
the averageperiodeucoutttcrcdbr ntosluttltr:n isit or scvcndats)."
35

39. Hadeeth, the Prophet (SAAW) said:
'This is a stroke of the
devil, so observe your mensesfor six or sevendays, Allah
alone btows which it should be; then wash and whenyou see
thal you are purified, and quile clean, pray during twenly
three or twenty lour days and nights andfast, for thal will be
enoughlor you."J1
The saying of the Prophet (SAAW) "for sixor sevendays" is
not meantto give Hamnahbint Jahshthe choicebut just for her
to examine andfind out who (amongstotherwomen) is closer
to her in age, body structure, number of children, etc.the
woman that mostlyresemblesher conditionhasa Haid period
of six days, then she should consider this period as her
reference.The sameis true if the Haid periodwas sevendays.
The One Who Resembles The Musfahadah
It is possiblethat something(e.g.surgery)maycausethe flow'
of blood through the vagina.Therearetwo typesof this case:
(1) It is not possiblefor her to have mensesfollowing
surgery e.g. removalof the uterusor its blockage Under this
case, the ruling of Istihadqh cannot be applicable.If the
woman seesblood, then the laws governing the yellowish
discharge(seeabove)apply.Hencesheshouldnot refrainfrom
performing prayers or fasting. It is not prohibited for her
husband to have sexual intercoursewith her and it is not
obligatory upon her to havea bath.Shemust,however,wash,
clean, and make ablution at the commencingtime of the
obligatory prayers and when sheintendsto offer the optional
prayers.
s 4 . . . , , , - .-
l D l o F ) l
J O

40. (2) It is not certain that her menses will stop following
surgery. It is possiblethat shemay havemenses.In this case
the rulings applicabteon a lriilstqhaLlalr(woman going through
Istihodah) are also applicableon this conditionin lieu of the
Hadeeth of the Prophet(SAAW) to Fatimahbint AbiHubaish:
"lt isfrom a blood vesse/,so when lhe real mensesbeginsgive
up your prqyers and v,hen it (theperiod) hasfinished wash the
blood off ltour body (have a full shower) and offer your
prqyers.rr)) 16" saying of the Prophet (SAAW): "whenlhe
reql menses begins" indicates that the rules for the
Mustahadah woman are applicableupon the woman who,
potentially, may have menses(with a beginningandan end).
The woman, however,without a potentiallyoccurringmenses,
her blood is a vesselblood.
Rulings About The Musfafadah
Earlier it was explainedwhenthe blood is considereda menses
(Haid) blood or Istihadah blood. The rulingsapplicablefor
menses and Istihadah depend upon the type of the flowing
blood. Rulings about menseswere discussedearlier. The
rulings about Istihtrdah are the sameasthoseapplicableto a
cleanwomanexc€ptfor thefollowing:
1) It is obligatory uponthe MustahqdahtoperformAblution
for each prayer, becauseof the order of the Prophet(SAAW)
to Fatimah bint Abi Hubaish:"Thennqke Ablutionfor every
Salat"56,meaningthat sheshouldmakeablutiononly when the
prescribedtime of Salatbeginsandnot beforeit.
2) Prior to ablution sheshouldwashthetracesof bloodand
covers her private part with a pad of cotton to absorbthe
blood.TheProphet(SAAW) told HumnahbintJahsh:
55 Sol,r"h..!l-llukhuri (Arabic-llnglish).V. l, P.183, Iladeeth# 103
56Saheeh.'ll-Buktrarl(ArabieEnglish)V. l, P. i'19,I ladceth# 228
) t

41. "I recommend that you should use colton, for it qbsorbs
bld." Shesaid:"it is too copiousfor that". He (SAAW) said;
"then lake a cloth." Shereplied,"it is too copiousfor that.,,He
said'. "lhen Talaj'jami" i.e., to prepare a holding around the
waist thqt will mqintain the coil<ntpad tightly qttc,che.l to her
private pa,,t Nothing that comes out should then harm her
because the Prophet (SAAW) told Fatimah bint Hubaish:
"Refrain from Salat during the days of 7,our normql menses
then wash and make abluti<ttt for every Salot and then pra1,
"even if blocxl clropsotrto the nnt!" (Relatedby Imam Ahmad
and Ibin Majah).
(3) Sexual Intercourse: Scholars disagreed about its
permissibility. The correct opinion is that it is permissible
becausemany women (ten or more)had theirIstihedah at the
time of the Prophet(SAAW). AllahandHis Messengerdid not
prevent spousesfrom engaging in sexualintercourse.In fact,
the sayingof Allah(SW) :
(yyy c6_1.J1;rlr
{.Jarir -i,Ljt tjr."b
"Keep away from wontcn during nlenses"(Qur'an2. 2ZZ),
is an evidencethat it is only obligatory to keepawayfrom
sexualintercoursewith womenonlyduringmenses.And since
offering prayers is allowed while in Istihqdeh, then there
shouldbe no difficultyin havingsexualintercourse.To prevent
sexualintercoursebaseduponQrrnss(analogy)with the state
of Haid is incorrect,becausethe lwo situationsarenot the
same Deductionof rulingsby Qrya.r.ris invalidwheneverthere
areexistingvariations.
t8

42. ChapterSix
A/ifassAnd lts Rulings
Nfass. is the bleedingdue to delivery by a pregnantwoman' [t
-uy o".u. with delivery, afterdelivery(post-natal)or before
delivery (by two or three days coupled to contractions)'
Shaye[h Al-Islam lbin Taymeeyaftsaid: "The blood seenwhen
the woman startsher contractionsis Nl/ass andit is not limited
to two or three days. These contractions are followed by
delivery or otherwisethe releasedblood is not Nl./css"
The scholars differed as to whether there is a limir on its
duration. Shayekul Islam /6irr Taymeeyahsaid: "Nt/ass hasno
limit on the durationof its shorteror longerperiods Assuming
that a woman sees a flowing of blood for more than forty,
sixty, or seventydaysandthenthe blood flow stops'This kind
of bleeding is Ni/a.rs Suppose,however, that the bleeding
ccntinues,ihen a limit of forty daysis setasNi/asr becausethis
period is the commonperiodencounteredby most women"'
This author said: "basedupon theabove,ifthebleedingofa
woman continues beyond forty daysand if there are signsthat
indicate that it will come to a stop (based upon previous
pregnanciesor someother signs),then sheshouldwait until the
LtooO no* stops. lf noneofthese signsareencounteredby a
woman, then sie cleansherself(bath)uponthe completionof
forty daysconsideringit the referenceperiodfor most women'
On ttreother hand,if upon the completionof her forty daysshe
gets her normalmensesthen sheshouldwait until it ends.If the
6lood continues after her regular menses ends'then sheis a
Mustqhadah and should apply the rules of /slilradalr"' If the
39

43. Mi/ass bleeding stopsbefore the forty day-referdnceperiod and
she becomes clean,then sheshouldtake a bath, pray, fast and
she may engage in sexual intercoursewith her husband.The
stopping of the flow of blood for less than a day doesnot
qualify her to be clean(as mentionedin At-Mughnee).
Ml/ass is not confirmed unless the woman delivers a human
being with clear features. If a small body is delivered but
clearlydoesnot showthe developedfeaturesofa humanbeing,
then the associated bteedingis not,Vi/as.randit is considered
as Irq blood (blood from a blood vessel).The leastperiod for
which a human form can develop is eighty days starting from
the day of conception_andmost often it is ninety days.Al-
Mujid lbin Taymeeyahs1said: ',If
sheseesbtood coupledto
contractions prior to the 80/90-dayssheshouldnot give it any
consideration(i.e., she continuesto pray andfast)but ifshe
sees blood after this period she should then refrain from
praying and fasting. If,,however, shedeliversher load and the
new born has developed human features,then her bleeding
(prior the 80/90 days)shouldbe consideredasNr/assand she
should correct for her missed prayersandfasting.Ifon the
other hand the newborn does not show developed human
leaturesthen her bleedingshouldstill not to be consideredas
Nrfass and does not have to make up for her prayersand
fasting".
The Laws of /VifasS
The laws of Nifass arethe sameasthe lawsgoverningmenses,
exceptin the following cases.
(l) The ldda is not relatedto l{ifass, but ratherto the rulesof
divorce.For example:if Talaq(divorce)was declaredprior to
<?
" '
,4|-Mujid lbin Toyneeyah:Is the grandtatherof lhe f-antouslbin Tavmeevah.He
wasalsoa higlly respectedscholar.
40

44. delivery, then the ld<la endsupon delivery and.isnot related to
;;" iii* period. lf Talaq was declared after delivery' she
waits for the return of her mensesand accordingly calculates
her ldda asexPlainedearlier.
1i) fn" period of Eelaa'. The Eelaa' is when the husband
,nuk", an oath to indefinitely(or for more thanfour months)
no, to have sexual intercoursewith his wife lf his wife
demands sexual intercourse, a period of four months starting
iro- the day he took his oath, will be set lf this period is
completed h! will be ordered (by a Muslim Judge)eitherto
p".form sexual intercourse with his wife or request of
i"purution by his wife will be fulfilled Nifass will not be
"ount"O
against the Eelaa' period An incrementequal to the
;;;;t nee"dedfor the wife'sT'aharafrom Ni/a's^rwill be added
io*a.ds the Eelaa' period. This is in contrast with menses
(Haid), wherebyits periodis countedagainsttheEelaa'period'
is)
puU"ny' li is ctear thatNifcts'sisrelatedtopregnancyA
woman cannot get pregnant before she has her own sexual
secretions.Haid (and not N/ass) indicates that pubertyhad
beenreached.
(4) What if the flow of N/ass blood stopsbefore the forty
davs period and then resumeson thefortylnday?In contrast
*iift Huia blood-s8,the stateof this resumptionis consideredto
be "doubtful" according to famous sayingsby the Hanabilah
scholars. She, accordingto them,mustfastandpray on tlme '
All that which is forbiddenon theHaa'id is forbiddenon her'
except obligatoryacts.Shemustcompensateall that which the
Haa'id must compensatefor. This author,however'is with the
opinionthat. "If the blood resumeswithin a periodthat may
58lf *"n.". blocxistopsarrdresumesthenit is certainl! Haid bloo<l.For example'
a woman has her nonttal monthll' cycle for eiglrt days Shesaysthat the blood
r,np. on the fourth dal for tu'o davsandthenit resunleson the seventhandeighth
dntl.
'Ih,t
resunredblood is a ccrtailll) a Haid blood
A 1
a l

45. be a Nifass period,thenher blood is Ntfassblocd. If not, then
it is a Haid blood unlessit continuesto flow andit will thenbp
an Istihadah blood This opinionis closeto that reportedin l/-
Mughnee (V.1, P. 349) in which it ismentionedthatlmam
Malik have said. "lf sheseesblood two or threedaysafter its
flow had stopped, then it is Nifassblood or otherwiseit is a
Haid blood" This is also thechoiceof Shayekullslamlbin
Taymeeyah
Realistically, there can be no "doubt" about blood. It
'is,
however, a relativematterin which peoples'opinionsmay vary
dependingupon their knowledgeandunderstanding.The Book
of Allah and the Sunnahof the ProphetMuhammad(SAAW)
are sources of clarificationfbr everyhing Allah (SW) did not
make it mandatory for someoneto fasttwice or make Tawaff
twice except when thereis somethingdonewrong duringthe
performance of these acts for the first time andthat it cannot
be corrected without actually making it up. However, in the
casewhen someoneperformsa certainact to the bestof his/her
ability then he/she is relievedfrom anyresponsibilityasAllah
(SW) says:
(vA1.6fr; fiv-': lr l.*
"i,
' -rK I f
"Allah burdens nota personbeyondhisscope)(eur'an2:
286)
(r i .;,1;Jr;4 ni-,u I rrriu g,
"So keep your duty to Allah as much asyou can" (eur'an
64'. t6)
(5) What about sexualintercoursewith a womanwho becomes
clean prior to the forty days-referenceperiodofNi/ass? In the
caseof the Haa'id, sexualintercourseis permissibleif she
42

46. becomesclean prior to her"normal"durationof hercycle'In
ih"
"urc
of /Vi/assand in accordancewith the well known
;;i;;-"i theHanbalischoolof thought'sexualintercourseis
disliked.The right opinion,however' isthatit is not disliked
and this is alsothesayingof themajorityof MuslimScholars'
becauseto make ,ottti'ing dislikedrequiresa srpporting
;;id;;.. from IslamicLa*l In thiscasethereisno evidence
.l<""p, ihat whictr ImamAhmadrelated:"thewifeof Uthman
-rW
tro, oJAbi AlJAassapproachedhi.rybeforetheendaf the
forn -dov period and hi told her: 'donotln''Thisdoesnot
";;;ttt;
;; ;" 'dislikedwhatshedidbecauseit ispossible
that he was acting cautiouslybeing afraid that shewasnot
""*"in
that she.ui Tohiro(cieanfrom Nrfass)or thatbleeding
;;;;;;-".tivated followingintercoursewith heror for some
otherreason-andAllahknowsbest
.tJ

47. Chapter Seven
The Use of Haid{nhibitors and
Stimulants
The use of Haid-inhibitors is permissibleunder two
conditions:
FIRST: There is noassociatedharmonthewoman.Because
Allah(SW)said:
( ro riftl { <r*lr J! $+'L' r:;r"j:
F
"And do not throw yourselvesin destruction"(eur,an2:
le5)
'.
,
I
(I l ,ct*Jr;( h-.,,,5'1 JK ^f it r<-i rrt* ); p
"And do not kill yourselvessurely Allah is lVlostMerciful
to you" (Qur'an4: 29)
SECOND: If its use affects the husbandin one way or
another, then his permissionshould be first sought. For
example, if a woman is going through her lddo and the
husbandis obligatedto spendupon her,then sheis not allowed
to prolong herldda (by usingHaid inhibitors)in order that she
can receive more of his spending.She should request his
permission. Similarlyit is not permissibleto usesuchinhibitors
without the husband'sapprovalif it is known that the inhibitors
will preventher becomingpregnant.It is betternot to usethese
inhibitors exceptunderthe aboveconditionsandwhen thereis
a real need for that, becauseleavingthe matterasnaturalas
possible is better for the balanceof healthand safetyofthe
woman.
44

48. The Use qf Haid-Stimulants
Is PermissibleUnderTwo Conditions:
FIRST: Theremustbe no abuseof itsuse.Forexample,to
excuseherselffrom certainmandatoryacts of worshiplike
usingstimulantsrightbeforethemonthof Ramadansoasto be
excusedfrom fastingor fromprayers.
SECOND: The use of stimulantsmustbe permittedbythe
husbandbecausethe presenceof Haid preventshim from
having full enjoymentwith hiswife.Also,if shewasdivorced,
then this will quicklydropoffthe husband'srightof returning
her becauseit will hastentheendof herldda.Thisappliesto
the casewhen the declareddivorceis of thetypeknownas
RevocableDivorcein whichthehusbandhastherightto return
hiswife beforetheendof herlddo.
ChapterEight
TheUseof Contraceptives
FIRST: To Completely Prevent Pregnancy. This is not
permissiblebecause.
(a) it will diminishthe Islamicpopulationandthis is againstthe
objective of Sharee'aawhich aimsat increasingthe population
of Muslims.
45

49. (b) the woman isunableto guaranteeagainstthedeathof her
existingchildrenand thus she may die without having any
children.
SECOND:To TemporarilyPreventPregnancy.Thisapplies
if the womanhad manypregnanciesandthisisbeginningto
weakenher. If shewants to regulateherpregnancysoasto
have it onceevery two years,thengiventheapprovalofher
husband,it ispermissiblefor herto usecontraceptivesaslong
as their use doesnotharmher.TheSohabahusedto perform
CoimsInrerrupfe and theywerenotprevented(i.e.,by the
Prophet-SAAW). This method involves regular sexual
intercoursewith thewifeexceptat thetimeof ejaculation,the
husbandpullsoutandejaculatesoutsidetheprivatepartofthe
woman.
"-Narrated Jabir."we uscdto practlccCoitusInrerntplsdtrringthe lil'eoftirne of
Allah's Messengcr(SAAW)". Coliectedbr Al-lluklari in his rnSafteeir(fuabio-
English)V7,P102
40

50. ChapterNine
The Useof Abortive Means
FIRST: Intending the elimination of what is in the
mother's womb. If this is plannedfollowing the breathingof
the soul unto the bodv6oisundoubtedlvunlawfulbecauseit is
an act of kilting of aiiving soul6l. This is in accordancewith
the Book of Allah, Sunnqhandljmaa'.If the abortionis done
prior to the breathing of the soul, then someofthe scholars
permittedit andothersdid not.
60Narrated
AMullah (Ibin Mas'oud) (RA,A): "Allah's Messenger (SAAW), the
truthful and truly inspired, said, "Eac& one of yau is collected in the wmb of his
mother for fony days (in thelorm of seed),and then tutns into a clot for an equal
period (or forty days) and tutns into a piece offiesh for a similar peid ("fIortv
days) and then Allah sends an ongel (whoblows the breath of life into him)..."
The Hadeeth is relatedby Muslim andAl-Bukhari (V.8, P.387,Hadeeth# 593).
Jhe statement"who blows the breath of life into hin" rs relatedby Muslim.
"'The author, mayAllah shedhim with His mercy,hascommentedon this act rn
other publications. In hid Bmk At-Fatawa An-Nissa'eyah(Religious Decreesfor
Women), he said on P. 54 -55: 'This is a forbiddenact and it contradictswhat the
Prophet (SAAW) intended for this Unnrai (Nation) to multiply. It is oneof the
reasons that can weakenthe Muslims andhumiliate them becausewhen Muslims
increase in number they will acquirestrengthand that is whyAllah spokeofthe
Children oflsrael:
(i , er,-)r; 1.t* Ft €uL;,;,.21Jt2,ju,ii, )
"And We helpedyou with ryealthand children and mrde you monenumenout
in man-power " (Qulan 17 : 6). Allah (SW), and on tietonqueof Prophet
Shu'aib(pace be uponhim), reminded Shua'ib'speoplesaying:
(^r (urr!r)4€ Kl,r -J il rrj;r, )
"And rememberwhen you were but few and he multiplied you" (Qufan 7: 86)
It is also knwon that the nation that is more nu.merousin populationcan be self-
sullicient and is fearedby its enemies.It is not, therefore,permissibleto eliminste
the ability of reproductionunlessthereis a real needfor that e.g. ifpregnancy
can kill the woman or if a serious disease effects the utenrs and if transmitted to
the rest ofthe body may destroythe life of the woman."
47

51. Someotherscholarssaidit ispermissibleaslongasit is not an
Alaqa (clolof blood)i.e.,aslongastheperiodof pregnancyis
lessthan forty days. Still others saidthatit is permissibleas
long as the load did not develophuman-likefeatures.It is,
however,betterto becautiousandnotto aborttheloadexcept
whenthereis agenuineneede.g.themotherisill andunableto
carry on the pregnancy,thenit ispermissibleto abortaslong
as tie load did not develophuman-likefeatures,andAllah
knowsbest.
SECOND: The Intention is not to eliminate the Load'
When abortion isdoneattheendof thepregnancyperiodand
towardsdelivery,thenthisispermissibleaslongasnoharmis
inflicted upon the mother and hernewborn.Alsoaslongas
thereisnoneedfor surgicalprocedures.Ifthe needfor surgical
proceduresarisesthenfoursituationsmayarise:
A) Both,the motherand her babyarealive:Surgeryin this
caseis permissibleif thereis a realneede.g.complications
duringdelivery.Thisisbecausethebodyisatrustandit should
not be subjectedto potential dangerunlessthereis an
overwhelmingbenefit.
B) Both, the mother and her baby are dead: It is not
permissibleto performsurgerybecausethereis no related
benefit.
C) The mother is alive while her baby is dead: It is
permissibleto surgicallyremovethedeadburden(unlessit is
fearedthat harm could be inflictedupon the mother).It is
apparent,and Allahknowsbest,thatthedeadburdenmaynot
be removedwithout surgery.Its presencein themothercan
preventherfromfuturedeliveryandin itselfisahardshipon
48

52. her. Furthermore, this may keep the woman asanayyem(a
widower) if shewas in a stateof lddq followine divorcefrom a
fiormerhusband.
D) The mother is dead and her baby is ative: If it is
anticipatedthat the babemaynot live, thenit not permissibleto
remove her burden. If it is anticipated,however, that the babe
may live and that part of it hascomeout thenit is permissible
to concludethe deliverythroughsurgicalprocedures.Ifon the
other hand no part ofit hascomeout, then accordingto some
of thejurists, the surgicalremovalofthe babeis consideredan
act of "mutilation". The right position, however, is that the
belly of the mother can be surgically opened to allow the
releaseof the load, especiallyif there is no other way and
becauseofthe advancementin surgicalprocedureswherebythe
belly could be opened and stitched again. Also becausethe
safety of the onewho is aliveis greaterthanthat who is dead
and that it is mandatory to rescue the onewho is infallible
(with no sins). The newbornis freefrom sin-andAllah knows
best.
POINT OF CAUTION
In all the caseswhereit is permissibleto abort,it is requiredto
have the father's approval. Regardingthis issue,I (SalehAs-
Saleh)askedthe Shayekh,MuhammadBin SalihAl-Utheimeen
on Friday,the lTth of Muharam1413( lTth ofJuly 1992)that
: Supposetherewas a legitimateneed
from the pregnant woman to abortandit was not
get the father's approval, then can she go ahead
abortion? The Shayekhanswer was "ln this case
overrulesthe conditionof approval".
possibleto
with the
the need
49

53. ENDINGREMARKS
I have finished what I have intended about this important
subject. I have laid down only the basics What women do
reaily experienceis a seawithout shores The onewith good
vision can referthe detailsto the basicsanddeducethe proper
degree. Let the Mufti (Muslim Scholar who issues Islamic
deJrees)know that he is only a meansto conveythe ruling of
AllahandHisMessengerandthatheisresponsibletofollow
the book of Allah and the Suntnh, and he shouldconsider
anything that disagreeswith the Book of Allah andthe Sunnah
ur" *rong andmustnot be practicedor follorvedeventhough it
may be iaid by aMrytahid (Scholar conductinglitihad) who
"un
b" excused.for his ljtihttd. The onewho knows that an
Ijtihact in a certain matter was wrong, then he should not
acceptit.
It is mandatory that theMufti devotehis intentionpurelyfor
the sakeof Aliah, seekingAllah'shelpandHis assistanceto be
firm and guided towards what is right lt is a must that he
considers,searchesand examineswhat is in the book of Allah
and in the .Szrrrrrftcf the Prophet (SAAW) and seek the
explanationsgivenby Muslim scholarsandunderstandthem'
Many times certainsituationsariseandthe personseekingthe
sayingsof the scholarsdoes not find the rulingsthat would
rn"t" itit heartsatisfiedor the personmayfind nothingsaid lf
the person returns to the book of Allah and the Sunnah'
aependingupon his intention,knowledge,andunderstanding'
he/shecancometo a clearandcloseproof
50

54. It is a must that theMufti doesnot hastento issuea religious
verdict. When a problem requires properunderstandingand
search,thenthe Mufti should not rush becausehe may come up
with a wrong verdict andthenregretit when its too late.When
people know that a particular Mufti givesproper regard and
considerationtowards the casespresentedto him, peoplewill
trust him and consider his verdict or otherwiseif he hastens
and rusheshis verdictstheymay loseconfidencein his verdicts
and thus he had deprivedhimselfandothersfrom the benefitof
his knowledge.
I ask Allah, the Most High, to guide us and our Muslim
brothers to His Right Path andto give us His protectionand
save us from doing wrong, He is Most Generous Most
Forthcoming.
May Allah'sSalatandSalambe uponour Prophet(SAAW), his
family and companions.All praise is due to Allah, Who
becauseof His Favors,righteousdeedscouldbe accomplished.
Completed by the pen of the one who is poor to Allah,
Muhammad Bin Salih Al-Utheinteen On the Day of Friday,
the l4th of Shu'banthe vear 1392Hi
5 l

55. APPENDIX
The followingare questionsrelatedto thetopicof thisBook
and they were answeredbytheauthor,ShayekhMuhammod
Bin SqlihAl-Utheimeen.
Questions& Answers
HAID.INHIBI'IORS
Ql' ll'hat is the ruling regording on the use of Haid-
inhibitory pills during the month af Ranmdon?
As long as there is no harm in their useandaslong asthe
husband permits this, then it is permissibleto usethesepills.
However, it came to my knowledge that thesemeasurescan
harm the woman, especiallywhenit is known that the release
of blood by mensesis a naturalprocess.To preventthis natural
way may cause certain harm to the woman.Also the useof
these pills caneffectthe regulationofthe periodicalcycleitself
and that leaves her in doubt and confusion regarding the
offering of her prayet and whethersheis ableto havesexual
intercourse with her husbandor not. Becauseofthis andother
associatedreasons,I cannot say that the useofthese pills is
unlawful but I do not like it anddo not encourageit. I saythal
the woman shouldacceptwhat Allah hadordainedfor her and
should considerthe answerof theProphet(SAAW) to his wife
'Aisha when she had her menses after she made lhram for
(lmrq. The Prophet (SAAW) asked
'Aisha:"May be thatyou
got your ntenses?".'Aisha replied, "Yes". He (SAAW) then
said,"T'his is the thing which Allah hqs ordqined for oll the
duughrer.sof Atlanl'6 :-
62Sahedt
Al-Rukltan (Arabic-lnghsh) V. I , P. I82, Iladeeth # 302
52

56. The woman should then be patientandseekthe rewardfrom
Allah. If she is unableto perform Salatandfastingbecauseof
her menses,the door is still opened for herto celebratethe
praises of Allah, give charityanddo good to people and such
actsaregreatactsof worship.
Q2'. Twa manths ofter her marriuge, a wonton starteclseeing
small drops of blood nfter she becsnte clean frou her
ntenses. Is she ollowed to pro! ondfast or what she shauld
tlo?
The manyproblemsencounteredwith the mensesandmarriage
are a seawithout shores.Someof the causesrelateto this use
of Haid-inhibitorypills and contraceptivepills In the past,
people did not useto encountermanyof theexistingproblems.
This is regrettable.
The general rule to remember is that whenever the
menstruating womanseesthe clearindicationsof
'l'trharq
then
she is clean.In thiscaseit is the "whitedischarge"thatwomen
know What comes after
'fahora
from yellowishdischarges,
wet dischargesor dropsis not mensesandthereforedoesnot
preventthewomanfrom praying,f-asting,or engagingin sexual
rntercoursewith her husband.Umm
'Atiyyasaid."ll'e
never
cottsideredl,elltn i.shdi.schorgea";a thirtg of inrportanc.c." (Al-
Bukhari) and Abu Dawoud added"ttfterI'ehara'a'(meaning
the dischargeafter
'l'qhara
wasnot consideredasmenses)
A w'ord of caution thatwomenshouldnot rushuntiltheyare
certainthat they arein a stateof T'crhqrq,becausesomewomen
whentheybecomedry theyrushro havea bathwithoutmaking
surethat they hadseenthe signof
'l-qhora
That is why the
53
63(;no.l
.l'roi,,ol'narators

57. wives of theSahabahusedto sendtheircottonpadsto 'Aisha
(RAA) andshewould tellthem"t/onotrushuntilyou seethe
whitedischarge(Al-QassahAl-Bayedaa) .
Q3. What about the wetdischarge(moisture)?Isit pure or
impure?
What is known, accordingto Muslimscholars,isthatall that
which comesout fromtheprivatepartsof menandwomenand
their rectums is impureexceptthe semenwhich is pure.
Accordingly,what comesout fromthewomanis impureand
necessitatesablution.ThisiswhatI wasableto comeupwith
regardingthis issueand after discussionswith someother
scholars.ThoughI amstillhavingaproblemwiththisposition
becausesomewomencontinuouslyhavethiskindof discharge.
The solution,by makinganalogywith the personwhomay
havecontinuousreleaseof urine,isfor themto makeablution
on time for Salat.I then spoketo somephysiciansand
accordinglyI say,"ifthis dischargeisabladderdischargethen
the solutionI describedaboveholdsandif it isfromtheplace
from which the newborncomesout,thenablutionalsoholds
but thedischargeitselfispureandthereforeit isnotnecessary
to washclothescarryingsuchdischarge".
Q4. Shoulda womanin a stateof Nifasswaitfor apertodof
fofi daysbeforeshecsnperform Salm orfasting or can she
do these acts of worshipwheneverher bloodstopsand she
cleansherselJ?
A woman in a stateof Nifasshasnoappointedterm.As long
as she seesthe blood of Nfax thensherefrainsfrom Salat,
fastingandsexualintercoursewith herhusband.If shebecomes
clean priorto thisperiodofforty days(evenonthe l0th or the
l5th) thenshecanperformall ofthe aboveactsofworship in
54

58. addition to sexual intercourse with her husband. .l/l/ass is a
pnysicaf matter. The application9fI/al
laws is related to the
i*ir,"n"" or non'-existenceof Nifass blood However' in the
case when the bleeding continues'for more .thansixty days'
then the woman is goingintoastate of Istihadah' Follqwing
the forty. daysperiod ttt. tut
"t
into account her normal days of
regular't"nt., and refrains from Salat, fasting and sexual
in[.cou.se, then shetakesa bath and offers Salatconsidering
herself in a state of Istihadah(seeChapteronlstihadahand
Ntf"ts).
Bleedingand Fasting
QS. llhat should s wonran do when she doesnot make up
fir the daysshe did notfast in Rsmadsn d1e to her ntenses?
'ti
i, ."gr"uable for somethinglike this to happenamongstthe
believin[ women. This is either dueto ignoranceor laziness
and both reasonsarewrong! becausethe curefor ignoranceis
to ask those who know andthe curefor lazinessis the fear of
Allah and His punishment.So a womanwho may havedone
this should sinierelyrepentto Allah andseekHis forgiveness'
She shouldalsotry herbestto find out the numberofdays she
missed andmakeup for it. I ask Allah to acceptthe repentance
of suchwomen.
Q6. A wonrqn has reached skty five years of age She did
iot give birth to any child during the last nineteen years' For
the past three years she had continuous bleeding' ll/hat
,noiU she do for fasting and whettshould reon'enlike her
do (regartling Sulatand Fasting)?
ffris tlype oi *ornun should refrain from fasting and Salat
during ihe ti-e of her regularcycleof menseslf for example
she used to haveher normalperiodof mensesduring the first
six days of the month, then sheshouldrefrain from fasting and
prayingduring the first six daysof eachmonth Oncethat is
5 5

59. done, she shouldtake a bathandperform Salatandfast.As to
the how she offers her Salat,sheshouldwash her private part
real well andapplya padto it andmakeablution.Shedoesthis
at the time of the obligatory prayers. Shecould alsodo the
same for the optional prayersat timesotherthanthe timesof
the obligatory prayers.Becauseofthe difficulty encounteredbv
such woman, it is allowable for her to combine (but noi
shorten) the Thuhr with the 'Asr prayer(and pray either at time
of Thuhr or at time of
'Asr)
andtheMaghrib with theIshq,
(and pray either at time of Maghrib or at time of1sfra). This
way she can do this type of preparation for her Salatthree
times (including one for Fajr prayer) insteadof five timesa
day. Shecanperformoptionalprayersbasedupon her ablution
for eitherof the combinedprayers
Q7. A wontsn broke her fast in Rannilonfor sevendoys
while she wus in Ni/ass. She did not make upfor those days
bectuse she claimed thst she wasill. In thefottowing month
of Ramadan she dicl not fast sevenntore days becouseshe
was bretstfeeding. lilhat should she do?
If indeed she was ill andcould not makeup for her first seven
days, then sheis excusedeventhoughthe following Ramadan
had passed lf she was not really ill but ratherlazythen she
have commined sin and mustsincerelyrepentto Allah (SW).
'Aisha (RAA) could not makeup for someof her misseddays
of fasting (from a particular monthof Ramadan)up until the
month of Sha'ban i e., the monththat proceedsthe fasting of
thenextRamadan:
Narraled 'Aisha (MA): "Some times I nrisseclsomedays of
Ramadan, hut could not fast in lieu of them ercept in lhe
month of Shq'bon'64. So, if the womanhasa realexcusethen
64Saheeh
Al-Bukhari(Arabic-l:nglish)V. l, p. 98, I{adeeth# I7l
56

60. she canmakeup her misseddaysof fasting a year(or eventwo
years)later.
QE: ,a pregnant wonutn lost her burden in on sccident
jotb.fn'g i"ntensh'e bteeling' She wasin her eorly stage of
"pr"gnoi"y.
Is it pernissibtefor her not tofast or shoultl she
'irr7rrr"
iasting? and tktesshe commit u sin if she did break
her fasting?
t saiy,asIiram Ahmad said,the pregnantwoman doesnot have
menses.Women recognize that they arepregnantoncetheir
normal cycles of *"ni", stop. Mensesassomescholarssaid
has been created by Allah (SW) as a mean for providing
nutrients for the embryo. Once pregnancyoccurs' menses
stops. Some woman' however, maycontinueto havemenses
after beingpregnant This is consideredastrue mensesbecause
the originil menseswas not affectedby pregnancyand hence
all the lawsapplicableto mensesareapplicable
The other kind of bleeding is accidental,dueto the liftingof
something,falling or alike This is not mensesblood but a
bleeding
*front
a blood vesselandthusit doesnot preventthe
pr.gnuit woman from fasting or performing prayers Her
statusis the sameasthat of a cleanwoman
In the case of an accidentaldeliveryandthe load ciearlyhas
human features, then the post-deliverybleedingis considered
by learned Muslim scholarsas Nifass Thus the woman should
,.fruin from fasting and prayers and her husbandshouldnot
have sexual intercoursewith her until she becomes clean
(Tahira). If the delivered loaddoesnot havehumanfeatures
tnen her bleeding is not N/css, but "spoiled"blood andthat
does not preu"ni her from Salat,fastingetc LearnedMuslim
scholars,uid th"t the leastperiodupon which humanformation
57

61. occurs inside the mother'swomb is eighty one doys,in
accordancewith theHadeethrelatedby AbdullahIbinMas'oud
(RAA) andin whichtheprophet(SAAW) said:
"Each one of you is collectedin thewombof hismotherfor
forty days, and then he turnsinto a clotfor an equotpeiid
(of
"forty days) and turns into a pieceoffleshfor oii^ito,
perid(of forty days) and then Ailah serulsan Angel and
*!u: him to writefour thingsi.e. hisprovision, hisage,and
whether he will be of the wretchedor the blessedlin ne
Hereafter)'65
It is not possiblethat the burdenmay acquirethe human
formationprior to this periodof gl daysandmostlikelythis
periodisninetydaysassaidbysomeMuslimscholars.
MensesandSalat
Q9: l{hat is the ruling a h,omen who gets her
menses right after the staning time of a prescribed proyer?
AIso what is the ruling if she beconresclean before jhe-tinte
of a prescribed prayer ends?
If a woman gets her menses duringthe prescribedtime of a
prayer and shedid not yet perfcrmthis prayerwhile sheis still
clean, thensheshouldmakeup thisparticularprayer in lieuof
t1e-.saVip of the Prophet (SAAW): ,,Whoevler
coule!get one
Rak'a of Salat (in itsproper time) then he hasgonhe Silqt,,66.
So if sheis ableto get oneRak'a andthenshehadher menses
before actually performing Salat, then shemust makeup this
prayer once she becomesclean. On the other hand, if she
becomescleanbeforethe endof the prescribedtime of a
65See
l-ootnote# 6l .
66Saheeh.4t-Bukl,dr.r(tuabic-lrrlghsh),V I . 1,.-1.12,I ladccth# 55,1
5 8

62. particularprayerthen she mustmakeupthisprayeraftershe
cleans herielf(takea full shower)i.e'' if hermensesstops and
she hasenoughtimeto performonlyoneRqk'qbeforesunrise,
then its a must uponherto makeup for theFair prayeronce
she is clean.Alsoif hermenses'stopsandthereistimeonlyto
perfiorm oneRa&'sbeforemidnightthenshemustmakeupfor
'lsha'
prayeronceshecleansherself'But if hermensesstopped
after midnight thenshedoesnothaveto makeup for theIsha'
prayerbutshemustprayFajr ontime.Allah(SW)said:
utK .1-rlt * {.rrJ;>Ul',JI;>rJJrr;i:,Jl+r r;p)
( 'l cet*:Jl;4.t;,
"But when you are free from danger, offer prayers
perfectly: verily, the prayer is enjoined on believers at
fixed hours." (Qur'an4: 103)
These prayers are specified prayers with specifiedtimesto
perform them and it is not allowed for a personto perform
them beforeor aftertheir prescribedtimes.
Q10: Suppose 4 wonran becontes clean front her ntenses
hefore Satat Al-Fajr but she took her both after the
,o**"n""^ent of the Sslat time, andfasted thot day' Is her
fasting correct?
If a woman becomescleanduringthe month of Ramadanone
minute before the commencementof the prescribedtime of
Salat At-Fajr, then she must fast that day andher fastingis
correct and it is not mandatoryupon herto makeup the fast
becauseshefastedwhile shewas cleaneventhough shedid not
take her bath till after the rise of Fajr.Thisissimilartothe
casewhen a manhasa wet dreamor in a stateof Jannqbah'
59

63. He can have his Suhor (meal beforeFajr),fastandtakehis
bath after Fa7i.
I want to cautionsomewomenwho maythink that if they get
their menses afterbreakingthe fastandbefore1s&a'thentheir
fasting was incorrect. This understandingis wrong. Their
fasting is correctandcompleteevenif theyget their respective
periods one moment after sunset(Maghrib)
MENSESIN HAJJ & UMRA
Qll'. A tyontan hsd her menstrunl period while in Hajj. She
v,os shy to inform onyone She entered the Masjid Al-Huram
prayed aruIperfornted Towoff ond Sa'i. ll'hat she should do
knowing that her n ensescame after her Nifass?
No menstruatingwoman is allowed to offer prayers at her
home,in Makkah, or in otherplacebecauseof the sayingof the
Prophet (SAAW). "Is it rrol lrue that a womqn doesnot pray
and does notfast on nrenslntaling?'57
All Muslim Scholarshad ljnaa' that the woman shouldnol
pray and fast while she is menstruating.This woman shqutd
reperit to Allah andaskHis forgivenessfor what shehaddone.
As far asher Tqv,qff,it is not correct and shemust make up for
her Tawaff and her husband must not engage in sexual
intercourse with her until shemakesup for her Tawa/f If this
is doneby a singlewoman thenno contractof marriagecanbe
performed until she makes up her Tawaff-and Allah knows
best. As far asthe validity of herSa'1,the strongestopinion is
that it is correct becauseit is permissible,accordingto this
opinion, to perform.la'i before Tawaff
61SaheehALB*iran (Arabic-L.nghsh),V.I, P.I 82, tladeerh# 30I
60

64. Ql2: A woman passedby the Meeqa{E while she wssin
mensesShe did not makelhram snd shestayedin Makkah
until she becameclesn and msdeher lhrom there' Is this
permissible,and if not whatshouldI do?
This isnot permissible.A womanshouldhaveherlhram at the
Meeqat andshouldnotpassit, evenif shehashermenses'Her
Ihram is colrect.The evidenceisinthestoryof Asmaa'bint
Umaiss(the wife of AbuBakr(RAA)).Shegavebirthonher
way to Haii andthe Prophet(SAAw)wasattheMeeqatof
Diul Huhlfaft6eintendinghi, Fut"*ellHajj. Shesendto the
Prophet (SAAW) as to what sheis supposedto do He
(SAAW) said. "haveabath,Islath.firee7qandmakelhramTl"'
The blood of Haid is like that of l'lfass' meaningthatthe
woman shoulddealwith il in thesamemannerregardingits
cleaningandhepreparationforlhram.A menstruatingwoman
in her lhram cannotentertheMasiidAl-Haranrandmustnot
make Tav'affuntilshebecomesclean.ThatiswhytheProphet
(SAAW) told'AishawhenshegothermensesduringherUmra
. "do v'hat att thepilgrimsdo exceptthatyotrdo notperfornt
th'e Ta+'affaround tlrc Ka'ba till 1'<tuQrecleart"''' Also,in
SaheehAt-Bukhari
'Aisha(RAA) mentionedthat when she
becamecleanfrom her mensessheperformedTav'affand
Sa'i73 This indicatesthat if awomangetshermensesatthe
time of lhram ot belore'l'mraffthen sheshouldnotperform
'[aua.ff
or Sa'luntilshebecomescleanandaftershetakesa
68,leeqat.from (pl.) ,l/ava qeet Certainplacesspcitied bv the Prophet(SAAW)
for the people to assumelhranr at on tlrerrwaYto Makliah *len intendlng to
oerform Hol) or L'ntro.
69nnU Huilitotr: a placestr miles clistanttionr Madrnahon the lval to Makliah
lolstathfiree.'to
Duton a pieceofcloth on theprivatepartandto haveit tightly fit
]lSe. Sol,""t'.{IlslrnrlEnglish)V 2, P. 598-599,t{adeethfl 2762&2763
''see
footnote# 9.
l3Sohrrh
At-Bukhai (Arabic-English)v l P 188-189Hadeeths# 314and316'
5espectivell'.
61

65. bath. If shegetshermensesafterTmvaffshecan performSa'i
and can clipfromherhair,finishingallof theUmrarites.This
is so, becausecleanlinessfrom mensesisnota conditionfor
Sa'i.
MENSESAND DIVORCE
Ql3: Pleaseclarify the conditionsof At-Talaq Ar-Raj'ee
(RevocableDivorce).Should the divorcedwomanstayat her
husband's home or she has to stay at herfamily's home
during her ldda?
The divorcedwoman muststayatherhusband'shomeduring
the prescribedldda andit isunlawfulfor herhusbandto move
heroutbecauseAllah(SW)said:
' , - , . . i 1 , , . t " - . r r . - ; j . , l
.!X1 fr'*t4 d,f! il )!:r--r s ,ry-y. y e)-F f
qr ,j>{.LJry{
lJ 4A t;; "1r!y- &- V, al t :;"r>
"And turn them not out of their(husband's)homes,nor
shall they (themselves)leaveexceptin casetheyareguilty
of someopenillegalsexualintercourse.And thosearethe
set limits of Allah. And whosoevertransgressesthe set
limits of Allah, then indeed he has wronged himself."
(Qur'an65:1)
What isdoneby somepeoplewhoturntheirdivorcedwivesto
their parents'homesis wrong and contradictstheordersof
AllahWho,immediatelyin thesameverse,clarifiedthewisdom
behindkeepingthewifeatherhusband'shomebysaying:
( .i)nbJr;4 lriU; - -f^i iu'$f +rs ) F
"You (the one who divorceshiswife)knownot, it may be
that Allah will aftenvard bring somenew thing to pass
(i.e., to return her back to you if that was the first or
seconddivorce)."(Qur'an65: l)
62

66. Muslims, therefore, should not resort to their own traditions
andtransgressagainstthe lawsandlimits setby Allah.
While at her husband'shome sheis allowed to beautify herself
and converse with her husband and she can do every
permissiblething exceptsexualintercourseor sexualadvances'
The husband has the right to return her by uttering "I return
you to me" or he cando that throughactualsexualintercourse
with herhavingthe intentionof returningherbackto him.
As far astheldda of the divorcedwoman is concerned,certain
points haveto be clarified:
1) If she is divorced prior to havingsexualintercourseand
prior to any seclusion with her,thenthereis no lddo for her'
The momenthedivorcesher,shecanget marriedif shedesires'
If on the other hand he had seclusionor actual sexual
intercourse with her then there is ldda for her.Her lddo is
relatedto otherconditionsasfollows:
a) If sheis pregnant,thenherlddais up anduntil shedelivers
her load regardless of the length of her pregnancy For
example,he may divorce her in the morning and she may
deliver before noon. Thus her lddq (period)is over' He may
divorce her tn the monthof Mlrharam andshegivesbirth in the
month of Dhut Hi.ya Her ldda is twelve months This is
becauseAllah (SW) madeit clearthat lhe ldda for a pregnant
womanis
(t .j)UJr;q.:ii; ,-:-. ii.i;i3t+,'i Slri' b
"And for those who are pregnant (whether they are
divorced or their husbandsare dead),their lildu
63

67. (prescribed period) is until they deliver (their burdens).
(Qur'an65: 4)
b) If she was not pregnantbut shecanhavemenses,then her
Iddo is Three Complete CyclesofHaid ctfter divorcei'e,
she gets mensesthen shebecomesclean(one cycle),getsthe
next mensesandbecomesclean(secondcycle),andfinally gets
her third menses andbecomesclean(third cycle).The lddq is
independentof the length of time betweeneachcycle.If for
example sheis divorcedwhile sheis breastfeedingand shedid
not get her mensesuntil two yearslater,then sheis still in the
state of Idda until she gets her next two cyclesof menses.
Regardlessof the period between the three cycles(short or
long) the ldda remainsto be ThreeCompleteCyclesasAllah
(SW) says:
lYYrr6.,,alr;4,rrl.fu;-"t
'r^.;-iullir;
F
"And divorced woman shall wait (as regard their
marriages)for three menstrualperiods" (Qur'an2.228)
c) If she does not have menses,eitherimmatureor old, her
Iddq is threemonthsasAllah (SW) hassaid.
fu t;X';t; r+r1,il
"1u*
V jb-A o" j4 dulr F
(t .j>Jajr;4.r"-"f .,;)ilt-r
"And those of your wornen as have passed the ageof
monthly courses,for them the ldda (prescritredperiod)' if
you have doubts (about their periods), is three months,
and for those who have no courses (i.e., they are still
immature) their ldda (prescribed period) is three months
likewise.[exceptin the caseof death].(Qur'an 65. 4)