Thursday, July 21, 2016

Chapter 7 Nifaas (Postnatal Bleeding) - Bahar E Shariat – Vol 2 – Purification – Taharat

Chapter 7 Nifaas Postnatal Bleeding

Bahar E Shariat – Vol 2 – Purification – Taharat

We have already explained what Nifaas (postnatal bleeding) refers to. We will thus discuss the laws related to it.

Law: There is no fixed minimum period for Nifaas. If a female bleeds even for a single moment after the baby has emerged more than halfway then that bleeding will be regarded as Nifaas. The maximum duration for Nifaas is 40 days and nights. The duration for Nifaas will be counted from the moment the baby has come out more than halfway. Whenever we refer to the baby being born in this chapter, it will be referring to the baby emerging more than halfway out.

Law: If a female bled for more than 40 days and if this is her first child or if she is not able to remember how long she bled for when having her last baby, then 40 days and nights will be counted as Nifaas and whatever days are more than this, will be regarded as Istihaaza. If she has a habit in regards to Nifaas and she is able to remember this then the day’s equivalent to the habitual bleeding during Nifaas will be regarded as Nifaas and the remaining days will be regarded as Istihaaza. In other words, if it was her habit to bleed for 30 days and this time she bled for 45 days then in this case 30 days will be regarded as Nifaas and 15 days will be regarded as Istihaaza.

Law: The blood which comes before the child was born is not regarded as Nifaas but is Istihaaza even if the baby has come out halfway.

Law: If a female miscarried and some limbs of the child have been formed, such as the hands, feet or fingers etc. then this bleeding will be regarded as Nifaas, otherwise if it remained for 3 days and nights and 15 days of ‘Tuhur’ has passed before this then it is regarded as  Haidh. However, if it stopped before the end of 3 days or if the full 15 day purification period has not as yet finished then it is regarded as Istihaaza.

Law: If the child is removed in a caesarean (c-section, where the stomach is cut open to remove the baby) then the bleeding will be counted as Nifaas after the baby has been removed more than halfway.

Law: If she bled a little before having a miscarriage and then she bled after the miscarriage; the blood which came before the miscarriage is Istihaaza and the bleeding after the miscarriage is Nifaas. This is in the case when some limbs have been formed; otherwise if the first bleeding qualifies as Haidh it will be regarded as Haidh or else it will be regarded as Istihaaza.

Law: If she had a miscarriage and is not able to recognise whether any limbs were formed or not and neither does she know how many months pregnant she was (i.e. by which one would be able to ascertain whether any limbs were formed or not, because if 120 days have passed then it will be understood that the limbs were formed) and if after the miscarriage she bled continuously, then the ruling which is for Haidh in such a case will be applicable to her. In other words, once the days according to her habitual cycle pass, she should perform Ghusl and commence with Namaaz and if she did not have any set habit then she should take Ghusl after 10 days and all the other rules are based on that which have already been explained in the chapter on Haidh.

Law: A female who had twins born to her (i.e. there is less than a 6 month gap between the birth of both) then it will be regarded as Nifaas after the first child has been born. Then, if the second was born within the 40 days of the first baby and she bled then the blood from the first birth upto 40 days will be regarded as Nifaas and thereafter it will be regarded as Istihaaza. If the second child was born after 40 days then the blood that came after the second child is Istihaaza and not Nifaas but she will still be commanded to make Ghusl after the birth of the second child as well.

Law: A female who had 3 children born to her (triplets) and the gap between the first and second child is less than 6 months and the gap between the second and the third is less than six months then even though the gap between the first and the third child is of six months, Nifaas will be counted from the birth of the first child. If the two others were also born within the 40 days then after the first upto 40 days it will be regarded as Nifaas and if they were born after 40 days then the bleeding after this will be regarded as Istihaaza. However even after this she will be commanded to make Ghusl.

Law: If there is a gap of 6 months or more than 6 months between both of them then the bleeding after the second child is also Nifaas.

Law: If she bled for some days and didn’t bleed for some days within the 40 days, all will be regarded as Nifaas even if there is a 15 day gap between bleeds (as long as it is within the 40 days).

 Law: The rulings regarding the colours of Nifaas are the same as that of Haidh.

Laws Regarding One Who Is In Haidh and Nifaas

Law: It is Haraam for a menstruating female or one in postnatal bleeding to recite the Qur’an either by looking or from memory. She is also not permitted to touch the Holy Qur’an, its cover, pages or sides be it with the hand, fingertips, fingers or with any part of her body as this too is regarded as being Haraam.

Law: It is also Haraam to touch any piece of paper on which a Surah or even an Ayat (verse) is written.

Law: If the Qur’an is kept in a Juzdaan (casing) then there is no harm in touching the Juzdaan.

Law: Whilst in this condition it is also Haraam for her to touch the Qur’an with the lower portion of the kurta (dress), or with the ends of the scarf, or with any other cloth which she is wearing or using to cover herself. Thus basically, the ruling in regards to touching the Qur’an-e-Majeed and all other Deeni Kitaabs is the same as that which applies to a person who is in need of a Fard bath. This has already been explained in detail in the chapter on Ghusl.

Law: If a Mu’alima (Female Islamic Teacher) has Haidh or Nifaas then in this case she should teach by reading each word separately by breaking them up taking breaths. There is also no harm in spelling the words out.

Law: It is Makruh to recite Dua-e-Qunoot whilst in this condition. Dua-e-Qunoot is from Allaahumma  ‘innaa  nasta-‘iinuka to up bil-kuffaari  mul-hiqq.

Law: With the exception of reciting the Qur’an, it is not only permissible but also Mustahab (desirable) without any objection to recite all other Azkaar (words of remembrance) such as the Kalima Shareef and Durood Shareef etc. It is however better to make Wudu or to rinse the mouth before reciting these. If one reads these without Wudu or without rinsing the mouth it is still regarded as being permissible. There is also no objection to touching these as well.

Law: It is permissible for a female in these conditions to respond to the Azaan.

Law: It is Haraam for a female in this condition to enter the Musjid.

Law: There is no haraam if she entered the Musjid due to fear for a wild animal or due to fear for a thief but she should perform tayammum. Similarly, if there is water kept in the Musjid or if there is a well inside and there is no water available anywhere else then it is permissible for her to perform tayammum and then enter the Musjid.

Law: There is no haraam in her entering the Eid Gaah (Area set aside for performing Eid Prayers).

Law: It is permissible for her to stretch out her hands to take something from the Musjid.

Law: To enter the Holy Kaaba and to make Tawaaf of the Kaaba even if it is from outside the Musjid-e-Haraam is Haraam for women in this condition. 

Law: If the last (final) time of Namaaz has approached and she has not as yet performed her Namaaz and she began menstruating or she gave birth to a baby; then the Namaaz of that time is pardoned even if the time was so limited that there was no way to perform a Namaaz in it.

Law: If she began menstruating or gave birth whilst in Namaaz then that Namaaz is pardoned (i.e. it is excused and there is no Qaza for it). However, if it was a Nafil Namaaz then its Qaza is Waajib (compulsory).

Law: She should perform Wudu and engross herself in Zikr-e-Ilaahi, Durood Shareef and other Waza’if in the times of Namaaz equivalent to the amount of time it takes to perform that Namaaz, so that the habit of being in Ibaadat remains.

Law: If a menstruating female bled for less than 3 days, she should keep her fasts and make Wudu and perform her Namaaz. There is no need to make Ghusl. Then if she bleeds again within 15 days, she should not make Ghusl. She should subtract the days of her habitual period and make Qaza for the remaining days. A female who does not have a habitual cycle should make Qaza for all the Namaaz after 10 days. However, if a female who has a habitual cycle or one who does not have a habitual cycle made Ghusl after 10 days then the Namaaz of those days will be valid. There is no need to perform any Qaza. She should keep Qaza for the fasts that came before the days of her habitual cycle. The fasts that are after this are regarded as being valid.

Law: If a female stopped bleeding after 3 days and nights but the days of her usual habitual cycle have not ended as yet or the bleeding of Nifaas stopped before the habitual bleeding period during Nifaas for her, then in this case she should perform Ghusl immediately after it stops. She should not wait for her habitual days to come to an end.

Law: If the bleeding exceeds her habitual days then she should wait for 10 days in Haidh and 40 days in Nifaas. If the bleeding stops within this duration then she should take a Ghusl and commence her Namaaz. If the bleeding continued even after this duration then too she should take a bath and she should make Qaza of the Namaaz for the remaining days after the habitual cycle.

Law: If the Haidh or Nifaas stopped before the habitual days ended then she should wait until the final Mustahab time (of the Namaaz). Thereafter she should make Ghusl and perform her Namaaz. If the habitual days have ended then there is no need to wait.

Law: If her Haidh ends after the full 10 days and the Nifaas after the full 40 days and the amount of time remaining for a Namaaz is sufficient in which to say the words ‘Allahu Akbar’, then the Namaaz of that time has become Fard upon her. After taking a bath she should make Qaza of that Namaaz. If the bleeding stopped even before this and there is sufficient time to quickly take a bath, change her clothes and say ‘Allahu Akbar’ once; it will also become Fard upon her. She should perform the Qaza if it expires. If this is not the case, i.e. if there is not enough time to even say ‘Allahu Akbar’ once, then there is no need to make the Qaza.

Law: If she became cleansed after a full 10 days and there is not sufficient time of night left wherein she can say ‘Allahu Akbar’ once, then the fast of that day is Waajib upon her and if she becomes cleansed in less time than this but she has sufficient time to take a bath, change her clothes and say ‘Allahu Akbar’ before ‘Subho Saadiq’ then that fast is Fard upon her. It is better for her to take a bath otherwise she may make Niyyat (intention) for the fast even without taking a bath and she may take the bath in the morning. If she does not have sufficient time as mentioned above (from the time her bleeding stopped) then the fast of that day is not regarded as being Fard upon her. However, it is Waajib upon her to behave in the manner in which those who are fasting behave. It is Haraam for her to do anything which is contrary to a person who is fasting, such as to eat or drink etc.

Law: If Haidh or Nifaas started whilst she was fasting that fast will be nullified. The Qaza for that fast should be kept. If it was a Fard fast, then it is Fard to keep the Qaza and if it was a Nafil fast, then to keep the Qaza is Waajib.

Law: Sajdah-e-Shukr and Sajdah-e-Tilaawat are Haraam whilst in this condition and if she hears ‘Ayat-e-Sajdah’ in this condition it is not Waajib upon her to perform the Sajdah.

Law: If she was clean when she went to sleep but when she woke in the morning she noticed signs of Haidh then the command of Haidh will be given from that moment forth. If she had not as yet read her Esha Namaaz, it is Fard for her to make the Qaza for it once she becomes cleansed.

Law: If a female who is in Haidh slept at night but when she woke in the morning there is no sign of Haidh on the duvet or mattress etc. then she will be regarded as being clean as of that night. She should take a bath and make Qaza for her Esha Namaaz. 

Law: Sexual intercourse in this condition (i.e. when a female is menstruating or in postnatal bleeding) is Haraam.

Law: To regard sexual intercourse as being permissible in this condition amounts to kufr (infidelity) and if one regarded it as Haraam but still did it then one is severely sinful for this. It is Fard upon one to repent for this. If one had intercourse during the beginning of the period it is Mustahab to give one dinar in Khairaat and if it was done close to the end of the period then it is Mustahab to give half a dinar as Khairaat (alms/compensation).

Law: It is not permissible for a male to touch the body of a female with any part of his body from her naval to her knees whilst she is in this condition if there is no cloth between them, be this whilst aroused or not. If there is something between them that does not allow him to feel the warmth of her body there is no harm in touching.

Law: There is no harm in touching any part above the naval or below the knee or taking any benefit from any of these areas. Similarly, there is no harm in lying together or kissing.

Law: There is no harm in allowing her to eat with you or sleep next to you. To abstain from sleeping next to her because of this reason is Makruh (disliked).

Law: A female is permitted to touch every part of the male’s body whilst in this condition. Note: It must be noted that wherever we mention a male being permitted to touch a female or a female being permitted to touch a male, in this chapter, it refers to husband and wife touching each other. For a man to touch a female who is not his wife or for a female to touch a man who is not her husband is a serious offence and a sinful act.

Law: If one feels that by sleeping together with her will cause one to be aroused and one will not be able to control his feelings, then it is better to sleep separately. However, if one definitely thinks (i.e. if he knows that there is a predominant likelihood) that he will not be able to control his feelings then in this case it is sinful to sleep together with her.

Law: If the Haidh remained for a full 10 days then from the moment she becomes cleansed it is permissible to have intercourse with her even if she has not made Ghusl as yet. However, it is Mustahab (desirable) for him to be intimate with her after she has prayed her Namaaz, i.e. after she has taken Ghusl.

Law: If she became clean in less than 10 days then until such time that she does not make Ghusl or the time of that Namaaz in which she became cleansed does not pass, intercourse with her is impermissible. If the remaining time (in which she became cleansed) was not sufficient time in which she could take a bath, have a change of clothes and say Allahu Akbar then it is permissible to have intercourse with her when the Namaaz time has passed or after she makes Ghusl. With the exception of either of these intercourse is not permitted.

Law: If her cycle has ended before her habitual amount of days then even if she makes Ghusl intercourse is not permitted until the duration of her habitual cycle ends. For example, if her cycle usually lasts for 6 days and this time it only lasted for 5 days then in this case she is commanded to perform Ghusl and start her Namaaz but it is Waajib (compulsory) for her to wait one more day before having intercourse.

Law: If she became cleansed from Haidh but she has no water at her disposal with which she may perform Ghusl; in this case if she made tayammum for Ghusl then intercourse with her is not permitted until such time that she does not perform Namaaz with that tayammum. After performing Namaaz with that tayammum, intercourse with her is permissible even though she now has water at her disposal but did not use it to make Ghusl.

Important Note: In the above mentioned issues the ruling in regards to Nifaas is the same as that of Haidh.

Law: It is permitted for a female to come out of the maternity home whilst she is in Nifaas. There is no harm in allowing her to eat with you or to eat her leftovers. In some places in India etc. some females even keep completely separate eating plates etc. for themselves and these plates etc. are regarded as being equivalent to utensils that are Najis (impure). These are Hindu customs and it is essential for us to abstain from such frivolous customs. It is also a practice amongst some women that until the entire duration (of 40 days) does not come to an end even if they are clean before this duration neither do they read Namaaz and nor do they regard themselves worthy of reading Namaaz. This is mere ignorance. The moment the Nifaas ends she should perform Ghusl and commence with Namaaz. If there is a definite fear of illness due to bathing then she should make tayammum. 

Law: If she has not as yet delivered the child more than halfway and the time of Namaaz is expiring and she believes that before the child is delivered more than halfway, the time will definitely expire then she should read the Namaaz of that time in whichever manner possible. If she is not able to make Qiyaam, Ruku or Sujood then she should read the Namaaz by making gestures (signs) and if she is not able to make Wudu, she should read it by making tayammum. If she misses this Namaaz then she has committed a sin. She should repent and after Tahaarat (purification), she should make the Qaza of that Namaaz. 

Istihaaza Irregular Vaginal Bleeding

Hadith 1: It is reported in Sahihain from Umm ul Momineen Siddiqa, Faatima bint Hubaish (May Allah Almighty be pleased with her) said that Ya Rasoolullaah (grace, glory, blessings and peace be upon Him)! I have Istihaaza and it does not stop; so should I not read Namaaz?’ He  said, ‘No, This is blood from the vein. It is not Haidh, so when the days of Haidh come, leave your Namaaz and when they pass; wash away the blood and read your Namaaz.’

Hadith 2: It is reported in Abu Dawud and Nasa’i with regards to the narration regarding Hazrat Faatima bint Hubaish (May Allah Almighty be pleased with her) that Rasoolullaah (grace, glory, blessings and peace be upon Him) told her that when it is the blood of Haidh then it is blackish. It will be recognised and when this happens leave your Namaaz and when it is of some other type then perform Wudu and read your Namaaz, as this is the blood from the vein.’

Hadith 3: It is reported in the narration of Imam Maalik, Abu Dawud and Daarimi that there was a lady who had continuous bleeding. Umm ul Momineen Umm-e-Salma (May Allah Almighty be pleased with her) asked a Fatwa (Decree) from Rasoolullaah (grace, glory, blessings and peace be upon Him) in this regard. He  said, ‘For the amount of days in a month wherein she used to get her cycle, she should leave her Namaaz in accordance with these days and when those days pass, she should take a bath, wear a loincloth and then perform her Namaaz.

Note: Wearing a loincloth actually refers to wearing something tight under the clothing which will avoid any blood from coming through flowing freely.

Hadith 4: It is reported in Abu Dawud and Tirmizi that Rasoolullaah (grace, glory, blessings and peace be upon Him)  said, ‘Abstain from Namaaz in the days when you used to have your cycle, thereafter she should take a bath and perform Wudu in the time of each Namaaz and she should keep her fast and perform her Namaaz.’

Laws of Jurisprudence Regarding Istihaaza

Law: Neither is Namaaz nor fasting excused or pardoned in Istihaaza. Intercourse with a female in Istihaaza is also not Haraam.

Law: If the Istihaaza has become so severe that she does not even get enough time to make Wudu and perform her Fard Namaaz, then when one full Namaaz time passes in this manner from the beginning of that Namaaz time until the end of it, she will be regarded as a Ma’zoor (one suffering chronic annulment of Wudu). In this condition, she may read as many Namaaz as she wishes in that particular Namaaz time with one Wudu. Even if she bleeds the Wudu will not break.  

Law: If she is able to hold back the blood by using a cloth etc. giving herself sufficient time to make Wudu and perform her Fard Namaaz then in this case the Uzr will not be proven. In other words she will not qualify as a Ma’zoor.

Laws of Jurisprudence Regarding a Ma’zoor

Law: Any person who has such an illness, wherein one complete time of Namaaz has gone by in a manner where he was not able to make Wudu and perform Namaaz (due to the illness) then such a person is regarded as a Ma’zoor. The ruling applicable to him is the same. In other words, he should make Wudu in the time of that particular Namaaz and he may read as many Namaaz as he wishes with that one Wudu in the time of that one Namaaz. That illness will not cause his Wudu to be nullified, such as in the case if he has an illness where droplets of urine are discharged, or he has chronic diarrhoea, or an illness where he always passes air (flatulence), or fluid that flows from an infected eye, or fluid which continuously flows out of a sore or abscess, or fluid which is discharged from the ear, naval or breast. All these are illnesses which cause the Wudu to be nullified. However, if one complete time of Namaaz passes in a condition that even though one makes a concerted effort to fulfil it, he is still not able to keep his Wudu long enough to make the Namaaz within the prescribed time and the time lapses in this way then in this case the Uzr is established.

Law: Once the Uzr has been established then in every time (of Namaaz) for as long as that cause is prevailing even once, he will remain a Ma’zoor. For example, if at one stage a female could not find the slightest time to make Tahaarat because of Istihaaza and now she is able to get enough time in-between, in which to make Wudu and perform her Namaaz but even now, every now and again, there is some bleeding in the time of each Namaaz then in this case she is still regarded as being Ma’zoor. The same ruling applies in all such illnesses. If the entire time passes by and she does not have any bleeding any longer then she will not be classified as being a Ma’zoor any longer. If the initial condition does transpire in the future then again she will be regarded as being a Ma’zoor and if again the entire time passes without anything then the Uzr will not be regarded as being valid any longer.

Law: A time of Namaaz passed by in a state in which there was no Uzr present but one did not read the Namaaz. Now, when one intends to perform that Namaaz then the Wudu becomes nullified due to Istihaaza or such a chronic annulling condition; to the extent that the remaining time passed in this condition and one read the Namaaz in this condition then in this case if the entire time of Namaaz which follows after this time, passes in the same condition of Istihaaza or any other such illness then the Namaaz that one read in the preceding time will also be regarded as being valid. However, if one managed to get sufficient time in during the time of the Namaaz to make Wudu and perform the Namaaz, one should repeat the Namaaz that was read in the preceding time.

Law: If one made Wudu whilst blood was flowing (oozing) and the bleeding stopped after Wudu but one performed ones Namaaz with the same Wudu then the time which followed also passed by without any bleeding at all, then one should repeat the preceding Namaaz. Similarly, if the bleeding stopped in Namaaz and there was no bleeding at all in the next time of Namaaz then too one should repeat that Namaaz. 

Law: The moment the time for that Fard Namaaz expires, the Wudu of a Ma’zoor will be regarded as nullified. For example, if a person who is a Ma’zoor made Wudu in the time of Asr Namaaz, his Wudu will be nullified immediately at sunset. If someone made Wudu after sunrise then until the time of Zuhr does not expire, his Wudu will not be nullified because no other time of Fard Namaaz has come in this interim.

Law: At the time of making Wudu, if the cause for annulment which classifies him a Ma’zoor was not evident and it was not even evident after he made his Wudu, to the extent that the remaining time of Namaaz elapsed without this being evident, then in this case the Wudu is not nullified because of the time elapsing. Similarly, if this reason for annulment was evident before Wudu but was not evident in the remaining time after Wudu or in the following time of Namaaz then in this case the Wudu will not be nullified on the basis of the time elapsing.

Law: If that cause for annulment was evident before performing Wudu and if it was evident after Wudu in the remaining time as well; or if it was evident whilst performing Wudu and was not evident in the remaining time after Wudu but was evident in the following time then in this case the Wudu will be nullified once the time elapses even though that (Hadath) nullifying agent is not evident.

Law: The Wudu of a Ma’zoor is not nullified through the reason which classifies him a Ma’zoor. However, if some other factor which nullifies the Wudu occurs, it will nullify the Wudu. For example, if a person is Ma’zoor because of having an illness where droplets of urine are discharged then if he passes air his Wudu will break. Similarly, if a person is classified as a Ma’zoor because of an illness wherein he passes air then droplets of urine will cause his Wudu to be nullified.

Law: If a Ma’zoor performed Wudu after something occurred which nullified his Wudu and whilst performing Wudu that which classifies him as a Ma’zoor is not evident but after performing Wudu, that annulling factor appears then the Wudu will be nullified. For example, if a female who was in Istihaaza, performed Wudu after passing urine or stool and whilst performing Wudu there was no bleeding but the bleeding started once again after Wudu then in this case the Wudu has been nullified. If the annulling factor would have existed at the time of making Wudu then there would have been no need to make Wudu again.

Law: If one nostril of a Ma’zoor was bleeding and after Wudu then the other nostril began bleeding, the Wudu will be nullified. Similarly, if one wound was weeping and now another wound is weeping to the extent that one pimple of measles was weeping but now another pimple is weeping, then in this case the Wudu will be nullified.

Law: If there is some means of either reducing or stopping the Uzr, it is Fard to follow this procedure. For example, if reading in a standing position causes one to bleed but sitting stops the bleeding then it is Fard to read whilst sitting.

Law: If the Ma’zoor has such an Uzr which causes his clothes to become soiled with impurity then if an area more than the size of a dirham has become soiled with impurity and he knows that he has sufficient time to wash it off and read Namaaz with pure clothing, then in this case it is Fard for him to wash it off and read Namaaz in pure clothing. If he knows that whilst reading Namaaz, the same amount of clothing will become soiled with impurity again then it is not necessary for him to wash it. He may read in this condition even if the Musal’la becomes soiled. There is no harm in this. If the impurity has soiled an area the size of a dirham then in the first instance to wash it is Waajib (compulsory). If the soiled area is less than the size of a dirham then to wash it is Sunnat and in the second instance if one does not wash it at all then there is no harm in this.

Law: If a female who is in Istihaaza performs Ghusl and performs her Zuhr Namaaz in its last proper time and she performs Wudu and makes her Asr Namaaz in its beginning time, and she makes Ghusl for Maghrib and reads it in its last valid time, and she makes Wudu and reads her Esha in its beginning time, and if she reads her Fajr Namaaz after making Ghusl as well it is better; it will not be surprising that by acting in accordance with this and through the blessing of this etiquette which has been mentioned in the Hadith that there will be benefit in her illness, i.e. it will relieve her illness.

Law: If a fluid which does not have the ability to flow (ooze) comes out of a wound neither does it nullify the Wudu nor will one be classified as a Ma’zoor due to it. This fluid is also not regarded as an impurity. 

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


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