Friday 9 September 2011

The Chapter of Hayd (Menstruation)

Hady Linguistically means; menstruation, in arabic it means flowing.

An according to the Scholars; Natural blood that is not caused due to illness or injury, which flows from the furthermost part of the woman's womb, whilst she is in a state of good health, at a specific time.

The Characteristics of the blood of Hayd are:
1-Thick
2-Black in colour
3-Unpleasant smell
As comes in the hadeeth: “If it is the blood of hayd then it is black and known.” (Saheeh al Jaami’-765)

Istahaadah; is chronic bleeding that is red in color (the same characteristics as normal blood) which is caused by a vein due to illness. The Prophet (pbuh) said to fatimah bint abu hubaysh: "This (i.eistihadah) is from a blood vein, not (usual) menstruation. so, when your real menstual period begins, give up performing prayer." (Bukhari & Muslim)

Sheikh Muhammed Salih Al-Munajjid (May Allah preserve him) said, 'This blood (istihaadah) may be distinguished from the blood of menstruation by the following:
Colour: menstrual blood is black [dark red] whilst the blood of istihaadah is red.
Consistency: menstrual blood is thick and heavy, whilst the blood of istihaadah is thin.
Smell: menstrual blood has an offensive odour whilst the blood of istihaadah does not, because it comes from an ordinary vein.
Clotting: menstrual blood does not clot when it comes out of the body whilst the blood of istihaadah does clot because it comes from a vein.
These are the characteristics of menstrual blood, so if this description fits the blood that is coming out, it is hayd (menstruation); ghusl is waajib (obligatory) and this blood is naajis (impure), but ghusl is not required in the case of istihaadah.
When a woman has her period she is not allowed to pray, but when the bleeding is istihaadah, that is not the case. But she has to be careful and has to do wudoo’ for each prayer if the flow of blood continues to the next prayer. If blood comes out whilst she is praying, it does not matter.' (Islam Q&A Fatwa;5595)

What is the earliest and latest age for Hayd; The earliest age for menses according to some Scholars is 9 years. Evidently as been proven that Aiesha was married at the age of 9.The Prophet (blessings and peace of Allah be upon him) married ‘Aa’ishah (may Allah be pleased with her) when she was six years old and the marriage was consummated when she was nine years old. Narrated by al-Bukhaari (4840) and Muslim (1422). Any flow of menses blood from the vagina before that age is considered Istihaadah. As for the latest age for menses some Scholars say between 50 to 60 year old, Any flow of menses blood from the vagina after that age is considered Istihaadah.
These ages are not a precise age for such matters but is merely a guide line for women to give them a fair idea on what she should base her analogy to when her fist and last menses is valid. From amongst the
Statements of the scholars is that menopause is not limited by time-bound, and that when a women see's blood, known to the women as menstruation; then this is considered menstrual bleeding; interpretation of the meaning as Allah said, 'And they ask you about menstruation. Say, It is 'Athaa'-harm.' (2/222) This is the view of Shafi's, and Hanbali's, and some, and favored by Shaykh al-Islam Ibn Taymiyyah may May Allah have mercy on him.
See: Mawsoua' al-Fiqhiyyah (18/297), Al-Insaff by Merdawi (1 / 356).


So in the case of a women judging when her first and last age for menstruation, all depends on the characteristic's of the blood and is not bound by a certain age. This is the most revised opinion in this matter, and it the opinion of Shaykh al-Islam Ibn Taymiyyah. Shaykh Ibn Uthaymeen said, 'The correct view is that reliance on its descriptions, menses is described as a 'Athaa' harm (in the Quran), so whenever there is a harm (the descriptions of the menstrual blood) then this is considered menstruation.'
(Sharh al-Momtaa' 1 / 468).
And Allah knows best...

What is the shortest and longest period a menses can last; Some Scholars say that the shortest time for menses to last is twenty four hours, and the longest is 15 days. The reason for this is that the longest that a woman's menstrual cycle can be is 15 days according to madhab Imam Ahmed and many scholars (al-Mughni 1:388). Thus, if the flow continues past 15 days, then everything after the number of days in a normal cycle is considered istihada (which is blood that flows from a woman due to reasons other than menstruation, such as from a burst vein, hemorrhage, etc..

How long does menses last for majority of women; Some Scholars say that it is between 7 to 9 days, but yet this varys from woman to woman.
Shaykh Ibn ‘Uthaymeen was asked: Is there a definitive number of days for the minimum or maximum length of menses?
He replied: There is no definitive number of days for the minimum or maximum length of menses, because Allaah says (interpretation of the meaning): “They ask you concerning menstruation. Say: that is an Adhaa (a harmful thing for a husband to have a sexual intercourse with his wife while she is having her menses), therefore, keep away from women during menses and go not unto them till they are purified (from menses and have taken a bath)” [2/222]
So Allah did not make the period of abstention a certain number of days, rather He stated that the period of abstention ends when the woman becomes pure. This indicates that the reason for the ruling is menstruation, and whether it is present or not. When menstruation is present, the ruling applies, and when the period ends the attendant rulings no longer apply. Moreover there is no evidence for putting a time limit on menses, even though there was a need (at the time of the Prophet (peace and blessings of Allah be upon him)) to explain the definition if any such definition had existed. If there was such a definition, it would have been explained in the Book of Allah or the Sunnah of His Messenger (peace and blessings of Allah be upon him). Based on this, every time a woman sees the kind of blood which is known to women as being menstrual blood, then it is menstrual blood without that being restricted to a certain time, unless the bleeding is continuous and never stops, or it stops only for a short time such as one or two days in the month, in which case it is istihaadah (non-menstrual vaginal bleeding).
(Majmoo’ Fataawa al-Shaykh Ibn ‘Uthaymeen, 11/271)

How long do the majority of women remain pure between two menses; generally it has been recorded by the Scholars as being between 23 to 24 days. Yet again this can vary from woman to woman, and these numbers are used as guide lines...

Blood that flows during pregnancy; Any type of blood that is during pregnancy is considered Istahaadah.
Shaykh Ibn ‘Uthaymeen, mentions, a pregnant woman does not menstruate as Imam Ahmad said, but a women knows that pregnancy interrupts the menstruation cycle, and menstruation is created by Allah for He places the fetus in the womb of the mother, and if its established pregnancy then verily this interrupts the menstruation, but some women may continue with menstruation on their habit's as it was before pregnancy. So this determines that her period menstruation is authentic, because it is continued by menstruation was not affected by pregnancy. So this menses whilst being pregnant is reason to what prevents her from doing what a regular menstruating women would do form its oblations to what is not obliged and from what she is exempted from to what she is not exempted, and the conclusion to this is that the blood that comes from a pregnant woman are of two types: first type: The same type of rule that applies to menstruation, it is the one who continued the same as before pregnancy, because that evidence of the that pregnancy did not affect her, so it is considered menses. and as for type II: the blood of a pregnant woman that suddenly occurs due to an accident or a fall or by carrying something heavy or anything similar in these cases, for verily this is not menstruation but is considered Isthaadah and upon this she should not prevent her from praying, fasting and she is considered pure.
(Majmoua' wa Fatawa wa Risaaiel Shaykh Ibn ‘Uthaymeen 4/270)

How does a woman know that her menses is over; This can be known by one of two ways:
1-by observing white discharge at the end of menses; the women of the Sahaabah used to send the cotton with yellowish discharge to the mother of the Believers ‘Aa’ishah (may Allaah be pleased with her), and she would tell them: “Do not hasten until you see the white discharge.”.

Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) says; The basic principle is that if a woman becomes pure and her period is over for certain – which means that she sees the white discharge that is known to women – then any brownish or yellowish discharge or spotting or wetness that comes after she has become pure is not menstruation, so it does not prevent her from praying or fasting, and it does not prevent a man from having intercourse with his wife, because it is not menstruation. (Fataawa Arkaan al-Islam (p. 258)

2-By the ending of bleeding and disappearance of blood, or brown or yellow substance for those that do not usually see this white discharge; It was stated in a fatwa; If this brownish discharge that the woman sees comes before she sees that she is pure (i.e., seeing a white discharge which indicates that the period is over), then it is part of the period. If it comes after she sees that she is pure, then it is not part of the period and does not affect her praying and fasting. (Islam Q&A fatwa;50430)

Note; if ones regular period has "ended", and notices a yellowish or brownish color, This is not counted as anything. Rather one should fast and pray, because of the hadeeth of Umm ‘Atiyah (may Allaah be pleased with her) who said: “We used not to count the yellowish and brownish discharge that appeared after becoming pure as anything.” (Narrated by al-Bukhaari, 1/426). This is when the period has finished (after becoming pure and bathing). But if the yellowish or brownish discharge appears during the time of the period, then it is part of the period. For example, if your period lasts seven days, and on the fifth day the bleeding stops and you see a yellowish or brownish discharge, this is part of your period and you should not pray or fast.

What is the ruling concerning female discharge while she is pure; Any clear or white, sticky discharge is not considered impure, while blood and brown or yellow substance is. However, both of these two types nullify the wudoo, and if the flow continues, it is considered Isthaadah and must make Wuduo for every Prayer even if she has not nullified her Wuduo from the previous prior to making it.
Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) says; The rulings on istihaadah are like the rulings on purity (i.e., when one is not menstruating). There is no difference between a woman who is experiencing istihaadah and a woman who is not menstruating or bleeding, except the following:
1 – She has to do wudoo’ for each prayer, because the Prophet (peace and blessings of Allaah be upon him) said to Faatimah bint Abi Hubaysh: “Then do wudoo’ for every prayer.” Narrated by al-Bukhaari in the chapter on washing away blood. What that means is that she should not do wudoo’ for a prayer that is to be performed at a particular time until the time for it has begun. If it is a prayer for which there is no particular time, she may do wudoo’ for it when she wants to perform the prayer.
2 – When she wants to do wudoo’, she has to wash away the traces of blood, and put a piece of cotton over her private part to hold back the blood, because the Prophet (peace and blessings of Allaah be upon him) said to Hamnah: “I suggest you use a piece of cotton, for it will absorb the blood.” She said: It is more than that. He said: “Use a cloth.” She said: It is more than that. He said: “Then tie it tightly around yourself.” Then whatever comes out after that will not matter, because the Prophet (peace and blessings of Allaah be upon him) said to Faatimah bint Abi Hubaysh: “Do not pray during the days of your menses, then wash yourself and do wudoo’ for every prayer, then pray, even if the blood falls onto the mat.” Narrated by Ahmad and Ibn Maajah.
3 – Intercourse. The scholars differed as to whether it is permissible when one is not concerned about suffering hardship as a result of giving it up. But the correct view is that it is permissible in all cases, because many women, ten or more, experienced istihaadah at the time of the Prophet (peace and blessings of Allaah be upon him), and neither Allaah nor His Messenger forbade them to have intercourse. Rather the words of Allaah – “keep away from women during menses” [al-Baqarah 2:222] – indicate that it is not essential to keep away from them at other times. Also, it is permissible for her to pray, and intercourse is a less serious matter. Drawing an analogy between intercourse with a woman experiencing istihaadah and a woman who is menstruating is not correct, because they are not the same, even in the view of those who think that it is haraam, and analogies are not valid if the two things concerned are different. End quote.
(Risaalah fi’l-Dima’ al-Tabee’iyyah li’l-Nisa’)

What is the ruling concerning the brown or yellowish discharge; Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) says concerning discharges that may interrupt the period: The third kind is yellowish or brownish discharge, where a woman sees yellowish blood like blood from a wound, or brownish, somewhere between yellow and black. If this happens during the period or following on from it, before the woman becomes pure, then it is part of the period and comes under the rulings on menstruation. If it comes after she becomes pure, then it is not menstruation, because Umm ‘Atiyyah (may Allaah be pleased with her) said: “We used not to regard the brownish or yellowish discharge that comes after a woman becomes pure as being anything that mattered.” Narrated by Abu Dawood with a saheeh island. (Dima’ al-Tabee’iyyah li’l-Nisa’ (p. 19)

What if the menses commences before or after its normal time; Whenever the signs of menses appear, it is to be considered menses, on the condition that at least 15 days have passed since the completion of the previous menses (as we previously mentioned above), otherwise it is considered Istihaadah.
Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) said, If this woman’s usual period is six days, then it becomes longer and lasts for nine or ten or eleven days, then she should continue not praying until she becomes pure. That is because the Prophet (blessings and peace of Allah be upon him) did not define a set period for menstruation, and Allah says (interpretation of the meaning): “They ask you concerning menstruation. Say: that is an Adha (a harmful thing for a husband to have a sexual intercourse with his wife while she is having her menses),” [al-Baqarah 2:222]. So long as this blood remains, the woman is in a state of menses until she becomes pure and does ghusl, then prays. If in the following month her period is shorter than that, then she should do ghusl when she becomes pure, even if it is not as long as it was in the previous month. What matters is that when the woman has her menses she should not pray, whether the menses is in accordance with what was previously the norm or it is longer or shorter. And when she becomes pure she should pray. End quote. (Fataawa Islamiyyah, 1/330)

What if the menses lasts for longer or shorter than usual; It is considered menses, unless it extends past the maximum time limit for menses, which is 15 days. Sheikh Muhammed Salih Al-Munajjid said, '
If blood continues to flow and a woman is still waiting to purify herself, and it exceeds 15 days, then she should fall back to her normal period as a reference. Accordingly, she must make ghusl, and start praying, and in addition make up the prayers for the days which she did not pray since the time when her normal period would have ended.
For example, suppose a woman has a normal period of 6 days. However, during a given month blood continued to flow until 15 days had passed, while she is still waiting for the end of the period. In this case she makes ghusl immediately, and starts praying, and prays all the prayers for the 9 days counted from the end of her normal period until she made ghusl.
The reason for this is that the longest that a woman's menstrual cycle can be is 15 days according to madhab Imam Ahmed and many scholars (al-Mughni 1:388). Thus, if the flow continues past 15 days, then everything after the number of days in a normal cycle is considered istihada (which is blood that flows from a woman due to reasons other than menstruation, such as from a burst vein, hemorrhage, etc.)
Regarding making up the missed prayers, she should pray them consecutively in order by intention, in one session, and she can rest if she gets tired.' (Islam Q&A Fatwa: 57)

What should a woman do if the blood flows continuously for a long period of time, for instance, a month or more; If this is the case, one of the following four scenarios applies to her:
1-If a woman knows the exact time of the month her menses usually starts its normal duration, whether she can distinguish the type of blood or not (i.e. menses or Istihaadah), therefore, she would consider the characteristics of regular menses as the time of her menses. Anything after that is to be considered Istihaadah.]
2-If a woman knows the exact time of the month her menses starts, but does not know its duration, she should reckon it to be 6 or 7 days (the normal duration for most women), from the day her menses usually starts. [Anything after that is to be considered Istihaadah.]
3-If a woman knows the duration of her menses, but does not know the exact time of the month it starts, she reckons the number of days she is sure of from the start of the lunar month. [Anything after that is to be considered Istihaadah.] (Explanation of the last tenth of the Quran p;115)

The Ruling of Hayd;
It was mentioned by Islam Q&A Fatwa no: 70438, What a menstruating woman is not allowed to do whist she is in the period of menses;
1 – Prayer
It is haraam for a menstruating woman to pay both obligatory and naafil prayers, and they are not valid if she does them. She does not have to do a particular prayer unless she was pure or became pure with enough time to perform a complete rak’ah, in which case she has to do the prayer, whether it is at the beginning of the time for it or at the end. An example of that happening at the beginning of the time for prayer is a woman who got her menses after the sun set but she had enough time to perform a complete rak’ah (but she did not do it), so when she becomes pure she has to make up that Maghrib prayer, because she had enough time to perform a complete rak’ah before she got her menses.
An example of that happening at the end of the time for prayer is a woman whose menses ended before the sun rose and there was enough time left to perform a complete rak’ah. When she becomes pure she has to make up that Fajr prayer, because she had enough time to perform one rak’ah.
But if there is not enough time to perform a rak’ah, such as in the first scenario, if a woman gets her menses a moment after the sun sets or, in the second scenario, she becomes pure a moment before the sun rises, then she does not have to do that prayer, because the Prophet (peace and blessings of Allaah be upon him) said: “Whoever catches up with a rak’ah of prayer has caught up with the prayer.” Agreed upon.
With regard to dhikr, takbeer, saying Subhaan-Allaah, praising Allaah, saying Bismillaah when eating and so on, and reading hadeeth, fiqh and du’aa’s, or saying Ameen to du’aa’s, and listening to Qur’aan, none of these things are forbidden to her. It is proven in al-Saheehayn and elsewhere that the Prophet (peace and blessings of Allaah be upon him) used to recline in ‘Aa’ishah’s lap (may Allaah be pleased with her) when she was menstruating, and he would recite Qur'aan.
In al-Saheehayn it is also narrated from Umm ‘Atiyyah that she heard the Prophet (peace and blessings of Allaah be upon him) say: “Let the girls who have attained puberty, women in seclusion and menstruating women go out – i.e., to the Eid prayer – and witness good and the gathering of the believers. But let the menstruating women avoid the prayer place.”
With regard to the menstruating woman reading Qur’aan, if she is looking at it or thinking of it in her heart, without speaking the words out loud, there is nothing wrong with that, such as if the Mus-haf is placed there, and she looks at the verses and reads them in her heart. Al-Nawawi said in Sharh Muslim: it is permissible and there is no difference of scholarly opinion on this point.
But if she is reciting it out loud, the majority of scholars are of the view that this is not allowed.
Al-Bukhaari, Ibn Jareer, al-Tabari and Ibn al-Mundhir said it is permissible, and this was also narrated from Maalik and from al-Shaafa’i in his former view. That was narrated from them in Fath al-Baari. And al-Bukhaari narrated in a mu’allaq report from Ibraheem al-Nakha’i that there is nothing wrong with her reciting a verse.
Shaykh al-Islam Ibn Taymiyah said in al-Fataawa: There is no report saying that she should not read Qur’aan. The hadeeth “No menstruating woman or person who is junub should recite anything from the Qur’aan” is a weak hadeeth, according to the consensus of the scholars who are well-versed in hadeeth. Women used to menstruate at the time of the Prophet (peace and blessings of Allaah be upon him) and if reading was haraam for them as prayer is, this would have been something that the Prophet (peace and blessings of Allaah be upon him) explained to his ummah and the Mothers of the Believers would have known that, and it would have been something that they told to the people. But since no one narrated any prohibition concerning that from the Prophet (peace and blessings of Allaah be upon him), it is not permissible to regard it as haraam, since it is known that he did not forbid that, and as he did not forbid that despite the fact that menstruation was widespread at his time, it is known that it is not haraam. End quote.
Since we know that there is a difference of opinion among the scholars concerning this, what should be said is: it is better for a menstruating woman not to recite Qur'aan out loud except when there is need for that, such as if she is a teacher and she needs to teach her students, or in the case of an exam when the student needs to recite in order to be tested, and so on.
2 – Fasting
It is haraam for a menstruating woman to fast, whether it is an obligatory or a naafil fast, and it is not valid if she does it. But she has to make up any obligatory fasts that she misses, because of the hadeeth of ‘Aa’ishah (may Allaah be pleased with her) who said: “That – meaning menses – used to happen to us and we were commanded to make up fasts but we were not commanded to make up prayers.” Agreed upon.
If a woman gets her menses when she is fasting, her fast becomes invalid even if that happens just before Maghrib, and she has to make up that day if it was an obligatory fast.
But if she feels that the period was coming before Maghrib, but no blood came out until after the sun set, then her fast is complete and is not invalidated, according to the correct view, because there is no ruling connected to blood that is still inside the body, and when the Prophet (peace and blessings of Allaah be upon him) was asked about a woman who sees in a dream what a man sees (i.e., an erotic dream), does she have to do ghusl? He said: “Yes, if she sees water.” So the ruling is connected to seeing water, not feeling body sensations. The same applies to menses: the rulings do not apply until it is seen outside the body, not just the body sensations.
If dawn comes when the woman is menstruating, it is not valid for her to fast that day even if she becomes pure even a moment after dawn.
If she becomes pure just before dawn and fasts, her fast is valid even if she does not do ghusl until after dawn. This is like the one who is junub – if he intends to fast when he is junub and dos not do ghusl until after dawn breaks, his fast is valid, because of the hadeeth of ‘Aa’ishah (may Allaah be pleased with her) who said: The Prophet (peace and blessings of Allaah be upon him) used to wake up junub as the result of intercourse, not a wet dream, and he would fast in Ramadaan. Agreed upon.
3 – Tawaaf around the Ka’bah
It is haraam for a menstruating woman to circumambulate the Ka’bah, whether that is obligatory or naafil, and it is not valid if she does it, because the Prophet (peace and blessings of Allaah be upon him) said to ‘Aa’ishah when she got her menses: “Do everything that the pilgrims do, but do not circumambulate the House until you become pure.”
As for the other actions of Hajj, such as saa’ee between al-Safa and al-Marwah, standing at ‘Arafah, staying overnight in Muzdalifah and Mina, stoning the jamaraat and other rituals of Hajj and ‘Umrah, they are not haraam for her. Based on that, if a female does tawaaf when she is pure, then her period begins immediately after she does tawaaf, or during sa’ee, there is nothing wrong with that.
4 – Tawaaf al-wadaa’ (the farewell tawaaf) is waived in her case
If a female completes the rituals of Hajj and ‘Umrah, then she gets her menses before she goes home and that continues until she leaves, she may depart without doing the farewell tawaaf, because of the hadeeth of Ibn ‘Abbaas (may Allaah be pleased with him) who said: (the Prophet (peace and blessings of Allaah be upon him)) told the people that the last thing they should do was (tawaaf) around the House, but he made an exception for women who were menstruating . Agreed upon.
But the tawaaf that is required for Hajj and ‘Umrah is not waived, and she must do it when she becomes pure.
5 – Staying in the mosque
It is haraam for the menstruating woman to stay in the mosque and even in the Eid prayer-place, because of the hadeeth of Umm ‘Atiyyah (may Allaah be pleased with her), who said that she heard the Prophet (peace and blessings of Allaah be upon him) say: “Let the girls who have attained puberty, women in seclusion and menstruating women go out – i.e., to the Eid prayer.” In this hadeeth it says: “But let the menstruating women avoid the prayer place.” Agreed upon.
6 – Intercourse
It is haraam for her husband to have intercourse with her, and it is haraam for her to allow him to do so, because Allaah says (interpretation of the meaning):
“They ask you concerning menstruation. Say: that is an Adha (a harmful thing for a husband to have a sexual intercourse with his wife while she is having her menses), therefore, keep away from women during menses and go not unto them till they are purified (from menses and have taken a bath)”
[al-Baqarah 2:222]
What is meant by maheed (translated here as menstruation) is the time of menses, and the location of this menses is the private part.
And the Prophet (peace and blessings of Allaah be upon him) said: “Do everything except have intercourse.” Narrated by Muslim.
And the Muslims are unanimously agreed that it is haraam to have intercourse with a menstruating woman in her vagina.
But it is permissible for him to do that which will satisfy his desire without having intercourse, such as kissing, touching and intimacy that is less than intercourse, but it is better not to be intimate with that which is between the navel and the knee except through a barrier, because ‘Aa’ishah (may Allaah be pleased with her) said: The Prophet (peace and blessings of Allaah be upon him) used to tell me to wear a waist wrapper, then he would be intimate with me when I was menstruating. Agreed upon.
7 – Divorce
It is haraam for a husband to divorce a menstruating woman during her menses, because Allaah says (interpretation of the meaning):
“O Prophet (peace and blessings of Allaah be upon him)! When you divorce women, divorce them at their ‘Iddah (prescribed periods)”
[al-Talaaq 65:1]
and that can only be if they are divorced when they are pregnant or pure without having had intercourse since the menses ended. Because if a woman is divorced when she is menstruating she cannot start her ‘iddah, because the menstrual period during which she was divorced cannot be counted as part of the ‘iddah; and if she is divorced when she is pure but has had intercourse since her period ended, she cannot start her ‘iddah, because it cannot be known whether she became pregnant from this intercourse. So it should be reckoned by her pregnancy, or if she is not pregnant it should be reckoned by her menstrual cycle. If it cannot be ascertained what sort of 'iddah it is, it is haraam for him to divorce her until things become clear.
Divorcing a menstruating woman at the time of her menses is haraam because of the verse quoted above, and because of the report in al-Saheehayn and elsewhere from Ibn ‘Umar who said that he divorced his wife when she was menstruating. ‘Umar told the Prophet (peace and blessings of Allaah be upon him) about that, and the Prophet (peace and blessings of Allaah be upon him) got angry and said: “Tell him to take her back and keep her until she becomes pure, then menstruates, then becomes pure again. Then if he wishes he may keep her after that, or if he wishes he may divorce her before he touches (has intercourse with) her. That is the prescribed period within which Allaah has enjoined divorce of women.”
If a man divorces his wife when she is menstruating, he is sinning and he has to repent to Allaah and take the woman back in order to divorce her in the prescribed manner as enjoined by Allaah and His Messenger. Then he should leave her alone after he takes her back until she becomes pure from the menses during which he divorced her, then menstruates again, then when she becomes pure again, if he wishes he may keep her or if he wishes he may divorce her before having intercourse with her.
There are three cases where an exception is made from the prohibition on divorcing a woman during her menses:
1 – If the divorce occurs before he spent time alone with her or touched her. There is nothing wrong with him divorcing her when she is menstruating, because in that case she does not have to observe any ‘iddah, so this divorce does not go against the words of Allaah, “divorce them at their ‘Iddah (prescribed periods)”.
2 – If the menses occurs during pregnancy.
3 – If the divorce takes place in return for some compensation, in which case there is nothing wrong with divorcing her when she is menstruating.
There is nothing wrong with doing a marriage contract with a woman who is menstruating, because the basic principle is that it is permissible, and there is no evidence to suggest otherwise. But the idea of the husband entering upon her when she is menstruating is subject to further discussion. If he can be trusted not to have intercourse with her, there is nothing wrong with it, otherwise he should not enter upon her until she becomes pure, for fear of his doing something that is forbidden.
8 – Reckoning the ‘iddah of divorce by means of the menstrual cycle
If a man divorces his wife after having had intercourse with her or being alone with her, then she has to observe an ‘iddah of three complete menstrual cycles, if she is a woman who menstruates and she is not pregnant, because Allaah says (interpretation of the meaning):
“And divorced women shall wait (as regards their marriage) for three menstrual periods”
[al-Baqarah 2:228]
If she is pregnant, her ‘iddah lasts until her pregnancy ends, whether the time is long or short, because Allaah says (interpretation of the meaning):
“And for those who are pregnant (whether they are divorced or their husbands are dead), their ‘Iddah (prescribed period) is until they lay down their burden”
[al-Talaaq 65:4]
If a woman does not menstruate because she is old or she had had a hysterectomy, or for some other reason and there is no hope that she will menstruate again, then her 'iddah is three months, because Allaah says (interpretation of the meaning):
“And those of your women as have passed the age of monthly courses, for them the ‘Iddah (prescribed period), if you have doubt (about their periods), is three months; and for those who have no courses [(i.e. they are still immature) their ‘Iddah (prescribed period) is three months likewise”
[al-Talaaq 65:4]
If a woman normally menstruates but her menses have ceased for a reason such as sickness or breastfeeding, then she should observe the 'iddah no matter how long it lasts, until her menses returns and she can count her 'iddah. If the reason ceases but her periods do not come back, such as if she recovers from sickness or stops breastfeeding and still does not menstruate, then she should observe ‘iddah for a full year from the time the reason ceased. This is the correct view which is based on Islamic principles, because if the reason ceases and her periods do not come back, she is like one whose periods have stopped for no apparent reason, and if her periods stop for no apparent reason then she should observe an ‘iddah of one year – nine months for pregnancy based on the usual length of pregnancy, and three months for the 'iddah.
*But if the divorce takes place after the marriage contract is done and before intimacy or being alone together, then there is no 'iddah at all, whether it is reckoned by the menstrual cycle or otherwise, because Allaah says (interpretation of the meaning):
“O you who believe! When you marry believing women, and then divorce them before you have sexual intercourse with them, no ‘Iddah [divorce prescribed period, see (V.65:4)] have you to count in respect of them”
[al-Ahzaab 33:49]
9 – Establishing the absence of pregnancy
This is required every time there is a need for a ruling that there is no pregnancy. There are many issues connected to this.
10 –Requirement of ghusl
When the menstruating woman’s period ends, she must do ghusl by purifying her entire body, because the Prophet (peace and blessings of Allaah be upon him) said to Faatimah bint Abu Hubaysh: “When the time of your menses comes, stop praying, then when it ends, do ghusl and pray.” Narrated by al-Bukhaari.
*The minimum that is required for ghusl is to ensure that water reaches every part of the body, even beneath the hair. But it is better if it is done in the manner mentioned in the hadeeth from the Prophet (peace and blessings of Allaah be upon him), when Asma’ bint Shakl asked him how a menstruating woman should do ghusl. He (peace and blessings of Allaah be upon him) said: One of you should take her water and lotus leaves and purify herself and purify herself well. Then she should pour water over her head and rub it vigorously, so that it reaches the roots of her hair, and pour water over herself. Then she should take a piece of cloth that is scented with musk and purify herself with it.” Asma’ said: “How should she purify herself with it?” He said: ‘Subhaan Allaah, let her purify herself with it.” ‘Aa’ishah said to her: “She should follow the traces of blood.”
Narrated by Muslim.
*She does not have to undo the braids in her hair, unless they are tied so tightly that she fears that the water will not reach the roots, because of the hadeeth of Umm Salamah (may Allaah be pleased with her) that is narrated in Saheeh Muslim, where she asked the Prophet (peace and blessings of Allaah be upon him) and said: I am a woman with braided hair; should I undo it when doing ghusl following menses or for janaabah? He said: “No, rather it will be sufficient for you to pour three handfuls of water on your head, then pour water over yourself and you will be purified.”
If a menstruating woman becomes pure during the time for prayer, she must hasten to do ghusl so that she can offer the prayer on time. If she is travelling and does not have any water, or she has water but she is afraid that she may be harmed by using it, or she is sick and the water will harm her, then she should do tayammum instead of ghusl, until the reason for not doing it ceases, then she should do ghusl.
Some women become pure at the time for prayer, but they delay ghusl until later, saying that they cannot purify themselves fully in this time. But this is no excuse, because they can limit themselves to the minimum that is required in ghusl and do the prayer on time, then when they have more time they can purify themselves more fully. End quote.
These are the most important rulings that have to do with menses in women.

(Source; Risaalah fi’l-Dima’ al-Tabee’iyyah li’l-Nisa’ by Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him).


Nifaas (post-partum bleeding)

It is the name for the blood that flows from the uterus after childbirth, regardless of whether the child survived or not (taken from Fiqh as-Sunnah, v.1, p.70). It was given this name because it is likened to the “breathing” of the womb or because a “nafs” has exited from it.

If a woman gives birth but does not see any blood; The ruling of nifaas then does not apply to her, there is no obligatory bath due upon her, and it does not break her fasting.
In al-Mawsoo‘ah al-Fiqhiyyah (41/15) it says: If the birth was free of blood or there was no bleeding, such as if the infant came out dry, then she is pure (taahir) and there is no nifaas for her, because nifaas is blood, and there is no blood in this case. End quote.
The scholars differed as to whether ghusl is obligatory in this case.
It was said that she does not have to do ghusl, because Islam only requires it of women who are in nifaas, and in this case the woman is not in nifaas in any way.
This is the view of the Maalikis and Hanbalis.
See: al-Mughni, 1/429; al-Mawsoo‘ah al-Fiqhiyyah, 14/51
Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) favoured this view, and said: If a woman gives birth and does not see any blood, which is very rare, in this case she should not refrain (from prayer and so on) for the period of nifaas. If she gives birth at sunrise and the time for Zuhr begins and she did not see any blood, then she does not have to do ghusl; rather she should do wudoo’ and pray. End quote from al-Sharh al-Mumti‘, 1/281

What if one sees the signs The blood and amniotic fluid which accompanies labor
of childbirth; signaling the onset of childbirth birth is not considered nifaas, but rather Istiha adah.
Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) was asked: Three days before giving birth some water came out of her accompanied by a little pain. Is that nifaas?
He replied: This is not nifaas, because nifaas is blood and not water. Moreover, if it was nifaas it would be accompanied by labour pains two or three days before giving birth. But if this occurs a long time before giving birth, then it is not nifaas, because nifaas is the blood that comes out at the time of birth or two or three days before it, accompanied by labour pains. As for water, that is not nifaas. End quote from Fataawa Noor ‘ala al-Darb.

The blood that flows during childbirth; This is nifaas, even if the baby has not fully come out, or has only come out partially. It is not obligatory to make up the missed prayers during that time.

The time of when childbirth begins; One should start to count the days as soon as the baby comes
out completely from the womb of the mother. If she gives birth to twins, then nifaas begins when the first child is delivered.

The longest and shortest duration for nifaas; Sheikh Muhammed Salih Al-Munajjid said,There is a dispute amongst the religious scholars regarding the longest period of nifaas (the post-natal bleeding period). Some scholars say it is forty (40) days, others say it is sixty (60) days and some say there is no limit to the maximum number of days a woman can be a in a state of nifaas. The most predominate opinion is that the maximum period is forty (40) days according to what is narrated by Umm Salama. Umm Salama said "The nufasaa' (a woman in a state of birth blood discharge) used to continue to be in childbed for forty days at the time of the Prophet peace and blessings be upon him."
Al-Tirmidhi reported: "It is unanimously agreed upon among religious scholars from the sahaabah (companions of the Prophet , peace and blessings be upon him) and al-taabi'oon (those who had met only a companion of the Prophet , but not the Prophet himself) that the nufasaa' does not pray for forty days unless she sees tuhr (blood stoppage) before the end of the forty days period. She should then perform ghusl (ablution of the whole body) and she resumes praying. The majority of the religious scholars say that a woman does pray even If she continues to notice blood after the forty days period expires and this is the opinion of the majority of fuqahaa' (religious scholars) among whom Sufian Al-Thawry, Ibn Al-Mubarak, Al-Shafi'i, Ahmad and Ishaaq." Sunan Al-Tirmidhi hadeeth # 139.
The same hadeeth is also reported by Imam Ahmad, Abu Dawood, Ibn Majah and Al-Daraami and is classified as hasan by Al-Albaani in Irwaa' Al-Ghaleel # 201. Al-Albaani has supported this narration by another hadeeth reported by Abu Dawood narrated by Umm Salama who said, "A Prophet's (peace and blessings be upon him) wife used to remain in (a state of) nifaas for forty nights and the Prophet would not ask her to make up the prayers she missed during the period of nifaas".
Ibn Majah also reported that Anas, may Allaah be pleased with him, narrated that "The Prophet had specified a period of forty days for the nufasaa' unless she achieves tuhr before that." Irwaa' Al Ghaleel # 223-222/1.
Therefore, if a woman experiencing post-childbirth bleeding spent forty days and she still sees blood, then we consider this blood as istihaadha (womb bleeding between periods) which does not stop a woman from performing prayer (salaat) nor fasting (siyaam), unless the end of the forty days coincides with the regular menstrual period (dawrah); in this case she would consider this blood as menstrual blood.
(Islam Q&A Fatwa: 319)

In regards to nifaas ending before the forty days, Sheikh Muhammed Salih Al-Munajjid said, If a woman who is in nifaas (i.e., bleeding following childbirth) sees al-tuhr (end of bleeding) before forty days had passed, she should do ghusl and pray and fast. The tuhr – following menstruation or nifaas – is recognised by one of two signs:
1. White discharge

2. Complete dryness, in the sense that there is no trace of blood, or yellowish or brownish discharge.

Al-Nawawi (may Allah have mercy on him) said: The sign that menses has ended and tuhr (purity) has begun is the cessation of bleeding and of yellowish and brownish discharge. If it stops, then the woman has become pure, regardless of whether any white discharge comes after that or not.
End quote from al-Majmoo‘, 2/562
If in the case asked about the bleeding had stopped, and there was no longer any trace of it or any yellowish or brownish discharge, that this was the sign of tuhr (i.e., she had become pure), and her fast is valid in that case, and it does not matter if there was any white discharge, because that is normal secretion from the vagina.

The Blood after a miscarige; If the miscarried fetus is eighty days old or less, the blood is considered Istihaadah, and if it is ninety days old or more, the blood is of nifaas. The fetus should be examined if it is between 80 to 90 days. If it has the shape of a human then the blood is of nifaas, and if not then the blood is of Istihaadah.

The scholars of the Standing Committee said:
If the foetus was fully formed, in the sense that its limbs (hands and feet) and head had appeared, it is haraam to have intercourse with the woman so long as she is still bleeding, for up to forty days. It is permissible to have intercourse with her at times when the bleeding stops within forty days, after she does ghusl. But if the limbs had not yet appeared in the embryo, then it is permissible to have intercourse with her even if that is immediately after the miscarriage, because that is not regarded as nifaas, rather it is irregular bleeding and she can pray and fast in that case.
Fataawa al-Lajnah al-Daa’imah, 5/422, 423.

Shaykh ‘Abd al-‘Azeez ibn Baaz said:
If a woman miscarries something in which human features such as a head, arm or leg etc can be distinguished, then the rulings of nifaas apply and she should not pray or fast, and it is not permissible for her husband to have intercourse with her until she becomes pure or until forty days have passed. If she becomes pure before forty days have passed, then she has to do ghusl and pray and fast in Ramadaan, and it is permissible for her husband to have intercourse with her.
But if no human features can be distinguished in what is passed by the woman, and it looks like flesh with no distinguishable features, or it is blood, then she comes under the ruling of one who is suffering from istihaadah (non-menstrual vaginal bleeding), not the rulings on nifaas or menstruation. So she has to pray and fast in Ramadaan, and she is permissible for her husband… because this comes under the rulings on istihaadah according to the scholars.
Fataawa Islamiyyah, 1/243.

Shaykh Ibn ‘Uthaymeen said:
The scholars said: If what is passed has clear human features, then her bleeding after that is regarded as nifaas, so she should stop praying and fasting, and her husband should avoid her until she becomes pure. If what comes out is unformed, then it is not regarded as the blood of nifaas, rather it is irregular bleeding which does not prevent her from praying or fasting, etc.

The scholars said: The earliest time at which distinguishable features may appear is eighty-one days.
Fataawa al-Mar’ah al-Muslimah, 1/304, 305.

If the the bleeding stops before 40 days end and returns agian; If the blood stops before the completion of forty days, she is consideredpure,andsheshouldbatheandpray.If the flow of blood returns before the completion of forty days, she should again stop praying and consider it as nifaas, [until she becomes pure again]. She continues in this manner until she completes her forty days.

Shaykh Ibn Baaz said, If a woman’s nifaas stops before the forty days (after the birth) are over, she has to do ghusl and pray and fast Ramadaan, and it is permissible for her husband to have intercourse with her. If the bleeding resumes within the forty days (after the birth), then she has to stop praying and fasting, and it is forbidden for her husband to have intercourse with her, according to the more correct of the two scholarly views. She comes under the rulings on women in nifaas until either the nifaas stops or the forty days are over. If her nifaas stops before or on the fortieth day (after the birth), then she should do ghusl and start praying and fasting, and it is permissible for her husband to have intercourse with her. If the bleeding continues after the fortieth day (after the birth), then this is irregular bleeding and she should not stop praying and fasting because of it, rather she should pray and fast during Ramadaan, and it is permissible for her husband to have intercourse with her – as is the case with a woman with istihaadah (irregular, non-menstrual bleeding). She has to wash herself with water every time she uses the toilet, and use cotton pads etc. to absorb the bleeding, and she has to do wudoo’ for each and every prayer, because the Prophet (peace and blessings of Allaah be upon him) told women with istihaadah to do these things. But when her period comes, she should stop praying and fasting, and it is haraam for her husband to have intercourse with her until her period is over. And Allaah is the source of strength. End of quote, reference: (Islam Q&A fatwa: 7417)

And Allah knows best...