Wednesday, July 20, 2016

Chapter 6 Haidh Menstruation - Bahar E Shariat – Vol 2 – Purification – Taharat

Chapter 6 Haidh Menstruation

Bahar E Shariat – Vol 2 – Purification – Taharat

Allah SubhaanaHuu wa Ta’aalaa says: ‘O Beloved! They enquire from you in regards to menstruation. You say, It is an impure thing, so keep away from women during their menstrual cycles, and do not be intimate with them, until they have become pure. So, when they have purified themselves, come to them from where Allah has commanded you to. Verily, Allah loves those who repent, and those who have purified themselves.’ [Surah 2, Verse 222]
  
Hadith 1: It is reported in Sahih Muslim on the authority of Anas bin Maalik (May Allah Almighty be pleased with him) that when any Jewish woman would enter into her menstrual cycle neither would they allow her to eat with them nor did they keep her with them in their homes. The Sahaba enquired in this regard from Rasoolullaah (grace, glory, blessings and peace be upon Him), so due to this Almighty Allah (SubhaanaHuu wa Ta’aalaa) revealed the verse Surah 2, Verse 222 (as mentioned above)], so the Prophet  said, ‘With the exception of having sexual intercourse do whatever else you wish.’ When the Jews heard of this they began to say that he  wishes to do everything contrary to us. Due to this Usaid bin Hudair and Ubad bin Bishr (May Allah Almighty be pleased with them) came forth and said, ‘The Jews are saying such and such a thing, so should we not have intercourse with them (so that we may act totally against them)?’ The expression on the Holy Face of RasoolUllaah (SallAllaahu alaihi wa aalihii wasallam) changed to the extent that we thought that he would become upset at them. The two of them left and after them, someone sent a gift of milk to RasoolUllaah (SallAllaahu alaihi wa aalihii wasallam). RasoolUllaah (SallAllaahu alaihi wa aalihii wasallam)then sent someone out to summon them  and then fed the milk to them, so they understood that Huzoor  was not displeased with them.

 Hadith 2: It is in Sahih Bukhari that Umm ul Momineen Sayyidah Siddiqa (May Allah Almighty be pleased with her) says, ‘We departed for Hajj and when we reached ‘Suruf’, my cycle started, so I began to weep and RasoolUllaah (SallAllaahu alaihi wa aalihii wasallam)  approached me and said, ‘What has happened, are you in your cycle?’ I replied in the positive, so he  said, ‘This is such a thing which Almighty Allah has written (i.e. ordained) for the daughters of Adam, so do everything else which all those in Hajj do except for the Tawaaf of the Holy Kaaba.’ She further says, ‘Huzoor  sacrificed a cow on behalf of all his Holy wives.’

 Hadith 3: It is reported in Sahih Bukhari that Urwah was asked, ‘Can a female who is in her menstrual cycle serve me and can an impure female (Junub) sit close to me?’ Urwah replied, ‘All this is easy upon me and all of them can serve me and there is no objection to any of them in this regard. Umm ul Momineen A’isha (May Allah Almighty be pleased with her) informed me that she used to comb the sacred hair of RasoolUllaah (SallAllaahu alaihi wa aalihii wasallam)  whilst she was in her cycle and when Huzoor was in seclusion (I’tekaf), he would place his head close to her and she would be inside her room.’

Hadith 4: It is in Sahih Muslim from Umm ul Momineen Sayyidah Siddiqa (May Allah Almighty be pleased with her) wherein she says, ‘During my cycle, I used to drink water and then give it to RasoolUllaah (SallAllaahu alaihi wa aalihii wasallam), so Huzoor  used to place his holy mouth at the spot that my mouth had touched.’

Hadith 5: It is in Sahihain from Umm ul Momineen Sayyidah A’isha Siddiqa (May Allah Almighty be pleased with her) wherein she says, ‘Whilst I would be in my cycle, RasoolUllaah (SallAllaahu alaihi wa aalihii wasallam) would keep his sacred head on my lap and recite the Holy Qur’an.’

Hadith 6: It is reported in Sahih Muslim from Umm ul Momineen Siddiqa (May Allah Almighty be pleased with her) wherein she says, ‘RasoolUllaah (SallAllaahu alaihi wa aalihii wasallam) asked me to stretch out my hand and pick the Musal’la (prayer mat) from the Musjid, so I replied by saying that I was in my cycle (menstruating). RasoolUllaah (SallAllaahu alaihi wa aalihii wasallam) said, ‘your cycle is not in your hand.’’

Hadith 7: It is reported in Sahihain from Umm ul Momineen Maymuna (May Allah Almighty be pleased with her) wherein she says that RasoolUllaah (SallAllaahu alaihi wa aalihii wasallam)  used to pray his Namaaz in a sheet, a portion of which was on me and a portion on him and I was in my cycle at this time.

Hadith 8: Tirmizi and Ibn Majah report on the authority of Abu Hurairah (May Allah Almighty be pleased with him) that RasoolUllaah (SallAllaahu alaihi wa aalihii wasallam) said, ‘One who has intercourse with a menstruating female, or has intercourse with a female from her anus, or one who goes to a fortune teller, he has committed ungratefulness (i.e. disbelief) of that which has been revealed upon Muhammad {RasoolUllaah (SallAllaahu alaihi wa aalihii wasallam)’}.

Hadith 9: It is in the narration of Razeen that Mu’az ibn Jabl (May Allah Almighty be pleased with him) said, ‘Ya RasoolUllaah (SallAllaahu alaihi wa aalihii wasallam! What is Halaal (lawful) upon me from her, when my wife is menstruating?’ He  said, ‘That which is above the waist-cloth (i.e. above the navel) and to avoid even that is better.’

Hadith 10: The Ashaab-e-Sunan Arba’a reported on the authority of Ibn Ab’bas (May Allah Almighty be pleased with him) that RasoolUllaah (SallAllaahu alaihi wa aalihii wasallam  said, ‘One who has intercourse with his wife during her menstrual cycle should give half a dinar in Sadqa.’

There is another narration in Tirmizi on the authority of Ibn Ab’bas (May Allah Almighty be pleased with him) which says that, he  said, ‘When the blood is red, he should give 1 dinar and when it is yellowish, he should give half a dinar.’

The Insight and Judiciousness Regarding Menstruation

It is natural for more blood than is generally required, to be produced in the body of a female who has reached the age of puberty, so that this blood may assist in the nourishment of the child, in the condition of pregnancy, so that this blood may become milk in the time when the child is being suckled. If this does not happen then it will put the life into jeopardy during pregnancy and during the child’s suckling period. This is the reason that a female does not have her menstruation during pregnancy and in the early stages of breastfeeding. If this blood does is not discharged from the body in the time when she is not pregnant or not breastfeeding then it causes numerous illnesses to arise. 

Laws of Jurisprudence Regarding Menstruation

Law: The blood which routinely flows from the private part (vagina) of a female who has already reached the age of puberty and which is not due to childbirth or illness, is termed as ‘Haidh’, i.e. Menstruation. The bleeding which occurs due to illness is termed ‘Istihaaza’, i.e. irregular vaginal bleeding, and if this blood flows after childbirth it is termed ‘Nifaas’, i.e. post natal bleeding.

Law: The minimum duration for Haidh is 3 days and 3 nights, in other words, a full 72 hours. If she bleeds for even one minute less than this it is not regarded as Haidh. The maximum duration for menstruation is 10 days and 10 nights.

Law: If the bleeding stops even a short while before 72 hours it will not be regarded as Haidh but rather it will be regarded as being Istihaaza. However, if it commenced at the crack of dawn and 3 days and 3 nights later it ended at the crack of dawn then it will be regarded as Haidh, even if it is at the time of year when the day is growing and when the sunrise continue to become earlier every day and sunset continues to become later; at the time of the year when the days become shorter when the sunrise will be later and sunset will be earlier. It is for this reason that in this case it is not necessary for the 3 days and 3 nights to be equal to 72 hours but in this case it is necessary to count 1 day and 1 night from the actual time of sunrise to the sunrise and from sunset to sunset. If the bleeding starts in any other time except this then the normal duration of 24 hours will be counted as 1 day and 1 night, for example; if she started bleeding today at precisely 9:00 am and the full one sixth of the sun has risen then the next day precisely at 9:00 am will be regarded as 1 day and 1 night even if the full one sixth of the sun has not risen, on condition that today’s sunrise was later than that of yesterday or than one sixth of the sun has risen, whereas the sunrise of today is earlier than the sunrise of yesterday.

Law: Whatever blood which comes after 10 nights and 10 days and if this is the first time that she has had her menstrual cycle then whatever has come in the full 10 days is Haidh and that which comes after that is Istihaaza. If she already had her menstrual cycle before this (i.e. it is not her first time having menstruating) and her habit was less than that of 10 days then all that which comes more than the habit is regarded as Istihaaza. It can be better understood from this example; She had a habit of 5 days but she had not bled for 10 days before then in this case the entire days will be regarded as Haidh but if she bled for 12 days, then the habitual 5 days will be regarded as Haidh and the remaining 7 days will be regarded as Istihaaza. If she did not have a fixed habit for her cycle but some months are 4 days whilst other months are 5 days then in this regard the amount of days she bled for in the last month will be regarded as the days of Haidh in this month and the remainder will be Istihaaza.( If it is within the ten days, it will all be regarded as Haidh, but if it exceeds the 10 days, then excluding the habit or the amount that one bled in the last month, for a women who has no habit, the rest is Istihaaza. For example, if a women bleeds for different amount of days every month, then if last month she bled 6 days, and this month she bled 10 days, all will be regarded as Haidh, but if she bled 6 days last month and 12 days this month, then 6 days will be regarded as Haidh and the remaining 6 days will be regarded as Istihaaza).  

Law: If it’s not necessary for her to be bleeding continuously throughout the duration of the cycle. It will be regarded as Haidh whenever she bleeds during the cycle even if she only bleeds at certain times in the day only, it will still be regarded as Haidh.

 Law: The minimum age in which Haidh commences is 9 years and the maximum age of Haidh, i.e. when it stops coming, is regarded as 55 years. A women at this age is known as ‘Aaísa’ (Menopausal) and this age is known as ‘Sun-e-Ayaas’ (Menopause).

Law: That blood which comes before the age of 9 is regarded as Istihaaza. The same applies to the blood which comes after the age of 55. However, in the latter case, if just blood comes out or if it comes in the same way as it used to come in the past, i.e. in the same colour, then it is still regarded as Haidh.

Law: When a pregnant female bleeds during pregnancy it is regarded as Istihaaza. Similarly, the blood which comes during childbirth before the child has come out halfway, is regarded as Istihaaza.

Law: It is necessary for there to be a minimum 15 day interval between two menstrual periods. Similarly it is necessary for there tobe a 15 day interval between the end of Nifaas and commencement of Haidh. Thus, if after the end of Nifaas, there was an interval of less than 15 days before the next period, and bleeding commenced, then it is regarded as Istihaaza.

Note: This 15 day gap is known as the ‘Tuhur’, i.e. an interval of purification between two periods.

Law: It will only be classified as Haidh if the blood has entered into the ‘Farj-e-Kharij’ i.e. the outer vagina, so in the case where a cloth etc. was placed inside the vagina, thereby not allowing the blood to come into the outer vagina, and is held back inside the inner vagina, then for as long as she does not remove that cloth, she will not be regarded as menstruating. In this case she will read her Namaaz and keep fast as normal.

Law: There are 6 colours of Haidh: black, red, greenish, yellowish, murky and sand coloured. 

Law: If there is even a slight murkiness in the discharge during the 10 days, it will be regarded as being Haidh, and if there is still the sign of murkiness even after the 10 days and 10 nights, then for a female who has a habitual cycle, the days that fall within her habit will be regarded as Haidh, and whatever is after the habitual days will be regarded as Istihaaza (in the manner as explained above), and if she does not have any fixed habit or pattern, then whatever is within 10 days 10 nights is Haidh and anything over that is Istihaaza.

Law: If the cushion she sat on was wet, and the wetness was yellowish or murky, and after drying it became white, then if it happened during the menstrual cycle, it will be regarded as Haidh. If it was white when one noticed it and then after drying if it became yellowish, then it is not Haidh.

Law: The ruling in regards to a female who continuously bled for months or years without even having a 15 day interval from the first time she got her cycle, then from the day that her bleeding commenced, she should count 10 days as being Haidh, and 20 days as Istihaaza, and for as long as her bleeding continues (without any interval) she should follow this procedure.

Law: If a woman did have her cycle before (and now has continuous bleeding without an interval for months and years on end), then the amount of days that she bled for during her past cycle, should be regarded as the days of Haidh in 30 days, and the remaining days should be regarded as Istihaaza.( For example if her cycle was of 6 days in the past and now she bleeds without having any interval, then in such a case, 6 days of the month will be regarded as Haidh and the remaining 24 days of the month will be regarded as Istihaaza).

Law: In the case where a woman had her cycle only once and thereafter she had an interval of at least 15 days purification period, and then bled continuously thereafter, but she cannot remember how many days she had bled for in the cycle and how many days were her ‘Tuhur’, but she does remember that she had her menstrual cycle only once in the month, then in this duration, from the time the bleeding commenced, she should leave Namaaz for 3 days, and then for 7 days she should perform Ghusl in the time of every Namaaz and then read her Namaaz, and she should not be intimate with her husband during those ten days. Thereafter, for the remaining 20 days, she should make fresh Wudu in the time of every Namaaz, and perform her Namaaz, and in the following month, she should make Wudu and read her Namaaz for 19 days, and she may be intimate with her husband during these 19 or 20 days. In the case where she cannot remember whether she bled once or twice in the one month, then in this case, she should not read her Namaaz for the first 3 days, then for the next 7 days she should make Ghusl in the time of each Namaaz and read the Namaaz of that time, then for 8 days, she should make Wudu in the time of each Namaaz and read the Namaaz of that time and her husband may only be intimate with her during these 8 days. This procedure should be applied after these 8 days for always. In the case where a female is able to remember her ‘Tuhur’, in other words, she remembers having been pure for 15 days and does not remember any further information in this regard, then in this case, she should not read Namaaz in the first 3 days, thereafter for 7 days she should perform Ghusl in the time of each Namaaz and read that Namaaz, and thereafter for 8 days she should make fresh Wudu in the time of each Namaaz and read that particular Namaaz.

Thereafter for a further 3 days, she should make fresh Wudu in the time of each Namaaz and read the Namaaz of that time, then thereafter for 14 days, she should make Ghusl in the time of each Namaaz and then make that Namaaz. Then for another 1 day she should make fresh Wudu in the time of each Namaaz and read that Namaaz then for always as long as she is bleeding she should make Ghusl in the time of every Namaaz. In the case where a female remembers for how many days she had her cycle, for example, she remembers that it had come for 3 days but she is not able to remember the ‘Tuhur’, then in this case she should leave the Namaaz for the first 3 days. Thereafter for 18 days she should make fresh Wudu in the time of every Salaah and read that Salaah of which the first 15 will definitely be regarded as ‘Tuhur’ and the remaining 3 days will be regarded as being doubtful. Thereafter, she should always make Ghusl in the time of each Namaaz and read that Namaaz. In the case where a female remembers that she only had Haidh once in the month and she also remembers that it was for 3 days but she is not able to remember the actual dates, then in this case she should perform fresh Wudu for every Namaaz in the times of Namaaz for the first 3 days of the month. For the remaining 27 days she should make Ghusl in the time of each Namaaz to read that Namaaz. Similarly, in the case where a female remembers her Haidh being for 4 or 5 days then in this case she should perform fresh Wudu in the time of each Namaaz and read the said Namaaz in these 4 or 5 days. In the remaining days she should make Ghusl in the time of each Namaaz to read the Namaaz. In the case where a female remembers that she used to get her cycle towards the end of the month but she cannot remember the actual dates, then in this case, for 27 days she should perform fresh Wudu in the time of each Namaaz and read the said Namaaz. She should not read Namaaz for 3 days and when the month comes to an end she should make Ghusl once. In the case where a female knows that her cycle used to start on the 21st of the month but she is unable to remember the amount of days the cycle lasted for then after 20 days she should leave Namaaz for 3 days. Then in the 7 days which remain thereafter she should make Ghusl in the time of every Namaaz and read the said Namaaz in this time. In the case where a female remembers that in the particular five dates it came for 3 days but she is not able to remember which of those 5 days the 3 days were then in this case, in the first 2 days of the five she should make fresh Wudu in the time of each Namaaz and read the said Namaaz, leaving out the 1 day in the middle and in the remaining 2 days she should make Ghusl in the time of each Namaaz to read that particular Namaaz. If she remembers 3 of 4 days then in this case she should make fresh Wudu in the time of each Namaaz and read the said Namaaz in the first day. In the 4th days she should make Ghusl in the time each Namaaz to read that Namaaz and she should not read any Namaaz in the middle 2 days. If she remembers that it was 3 days of 6 days then in this case she should make Wudu in the time of each Namaaz and read that Namaaz in the first 3 days and in the last 3 days she should make Ghusl in the time of each Namaaz to read that Namaaz. If she remembers that it was 3 days of 7, 8, 9 or 10 days then in the first 3 days she should only make Wudu and read the Namaaz and for the remaining days she should make Ghusl for each Namaaz. The gist of all this is that the days (i.e. part of the month) within which she is certain of having had Haidh but if she is not able to accurately remember the exact days on which they were then in this case, she should note whether these days are twice as much as the days of Haidh or whether they are more than twice as much or less than this. If they are less than double the days of Haidh then she should not read Namaaz on the days that are definitely days (of the month) on which the Haidh would have come and as for the days regarding which she has no certainty, i.e. she is not sure whether they are definitely from the days of Haidh or not. In this case if they are the beginning days (of the month) then she should perform Wudu and read her Namaaz and if they are the ending days (of the month) then she should make Ghusl in the time of each Namaaz and read the Namaaz. If it is twice as much or more than twice as much then for the beginning days she should make Wudu and read Namaaz for the amount of days equal to the days of Haidh. Thereafter she should make Ghusl in the time of every Namaaz to read that Namaaz. In the case where she is not able to remember how many days were days of Haidh and how many were days of Tuhur and if she is not sure if it occurred during the first ten days of the month, the middle ten days or in the last ten days of the month then in this case she should try to solve this by searching her thoughts. Thereafter acting on the first thing which she firmly establishes in her heart as being correct. In the case where she is not able to firmly establish anything (and is still confused in this regard) she should perform Ghusl for every Namaaz then she should read all her Fard, Waajib and Sunnat and Mu’akkadah. She should not perform the Mustahab and Nafils. She should keep her Fard fasts and not keep any Nafil fasts. With the exception of these, all the other things which are impermissible upon a menstruating female will be regarded as impermissible upon her, such as reciting or touching the Holy Qur’an, entering the Musjid or performing Sajdah-e-Tilaawat.

Law: A female who is not able to remember when she had her first menstrual cycle and neither can she remember on which dates it came and now she has bled for 3 days or more then it stopped. However the 15 days of ‘Tuhur’ had not as yet passed and she began to bleed again and this bleeding continued forever then the ruling for her is the same as for the person who bled for the first time and the bleeding never stopped but continued forever. In other words, 10 days will be counted as Haidh and the remaining 20 days will be counted as days of ‘Tuhur’ (purification period).

Law: A female who does not have a fixed cycle, for example, she sometimes bleeds for 6 days and sometimes for 7 days but now when she bled the bleeding is continuous and is not stopping then in regards to her Namaaz and fasting, the minimum duration will be counted as the days of Haidh. In other words, 6 days will be counted as Haidh (if the least she ever bled was 6 days. If the least she bled was 4 days then this will be the minimum duration) and on the 7th day (as per the example given) she will have her Ghusl and read her Namaaz as normal, and keep her fasts etc. However, after completing 7 days the command is that she should take Ghusl again and she should then make Qaza (repeat) the Fard fast which she kept on the initial 7th day. In the case of passing the Iddat and going to the husband the maximum duration will be taken. In other words, 7 days will be regarded as Haidh meaning that it is impermissible for her to be intimate with the husband on the 7th day (i.e. she can only be intimate after making Ghusl on completion of the 7 days). Law: If a female bled for 1 or 2 days and then stopped and 10 days had not finished as yet and she began to bleed again but it then stopped on the 10th day, then all ten days will be counted as Haidh. However, if the bleeding continued after 10 days and she does have a fixed pattern or habit then the days according to habit will be regarded as Haidh. The remainder will be regarded as Istihaaza (in the manner as explained earlier) otherwise 10 days will be regarded as Haidh and the remaining days as Istihaaza.

Law: If a female’s habit was to get her cycle on a particular date but this time she bled a day before and then the bleeding stopped. It then did not come for 10 days and then started again on the 11th day then from the 10 days in which she did not bleed she should regard the days of her normal habitual cycle as Haidh. In the case where the date of her normal cycle was fixed but the number of days was not always the same then all 10 days in which she did not bleed will be regarded as days of Haidh.

Law: A female bled for less than 3 days and then before the completion of 15 days she bled again then the first time from when the blood came will be regarded as Haidh. If she does have a normal habitual cycle then the days equivalent to her habitual cycle will be counted as days of Haidh, otherwise the bleeding of the first 10 days should be regarded as Haidh and the blood that came later will be counted as Istihaaza.

Law: If a female bled for 3 days and nights and then stopped but her previous habitual cycle was for longer than this then after 3 days and nights she began to have a discharge of white fluid until the end of the days of her habitual cycle. In her case, the initial 3 days and nights will be regarded as Haidh and her habitual cycle has been altered.

Law: If a female bled for less than 3 days and nights and then she remained clean for 15 days then again she bled for less than 3 days and nights; then neither is the first or this bleeding regarded as Haidh. Both are Istihaaza. 

Reference:   https://yaqoobmadani.files.wordpress.com/2015/02/engbahareshariat-vol2taharat.pdf


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