2. Tayammum is performed by striking the surface of the

earth with two hands (once - twice - thrice) then wiping the face and hands. 3. Tayammum has (two - three - four) conditions. 90 International University in Latin America Didactic activity Dear learner, in order to learn more about the points tackled in this unit, you should: Depending on different sources of fiqh, write a paper on the mandatory Ghusl and when and how to make tayammum. 91 International University in Latin America 92 International University in Latin America Unit Five Unit Five: Hayd (Menstruation) & Nifaas (Postpartum bleeding) Hayd (Menstruation) & Nifaas (Postpartum bleeding) 93 International University in Latin America Contents of the Unit: • Hayd (Menstruation) and its relevant rulings • Nifaas (Post partum bleeding) and its relevant rulings 94 International University in Latin America Importance of the unit: The present unit sheds light on significant issues upon which acts of worship rely and can be either valid or invalid. It tackles the rulings of hayd and nifaas. Learning Objectives: Dear learner, after studying this unit you are expected to be able to: - Clarify what is lawful and unlawful for the menstruating women. - Differentiate between hayd and istihadah (non-menstrual vaginal bleeding). 95 International University in Latin America B1-C9 Chapter on Hayd (The Menstrual Period) (I) [Things It Prevents] (1) It prevents ten things : (1) The act of praying, (2) The obligation of prayers, (3) Fasting, (1) The first three are forbidden for her by consensus as well as 8 and 10. The fourth, which is tawaf is also forbidden in regular circumstances by all of them because purity is a condition in tawaf according to (M+S+A).

According to (H+a), purity is not a condition, but she can't make tawaf because she can't enter the masjid, but if she made it, it is valid and she must expiate. If she has not made the pillar tawaf and must leave Macca, many scholars including (T) allow her to make tawaf after major ablution, cleaning and wrapping her external genitalia. And that is for her hajj to be valid. According to (T), she doesn't need to expiate in this case because she did her best. (T considers purity a condition for the validity of the tawaf in regular circumstances). 96 International University in Latin America (4) Circumambulation of the Ka'bah (Tawaf), (1) (5) Recitation of the Quran , (2) (6) Touching the Mushaf , (3) (7) Staying in the masjid , (1) And that is according to (H+S+A), but (M+T) allow her to recite the Quran, and their opinion seems stronger due to the lack of authentic evidence to support the first opinion.

(2) According to (H+A), it is allowable to touch it with the covered hands (like if she is wearing gloves). Ibn Hazm and Ash-Shawkani argued it is allowable even without a barrier due to the lack of evidence on the contrary and they interpreted Allah's saying "None touch it but the pure" to be in reference to the preserved tablet. They also interpreted the saying of the Prophet: "No one may touch the Quran but one who is pure" to mean one who is Muslim, since he (peace be upon him) said to abu Hurairahh: "the believer never becomes impure." It is safer to touch it with a barrier since this has been the practice of the salaf (righteous predecessors) and the majority of the ummah do not allow touching it without barrier. (3) This is true according to (H+M+S+A). according to (a+alMuzaney), she may stay in the masjid, since the hadith forbidding her from it is weak, and they argued that she is not like the (junub) 97 International University in Latin America (1) (8) Intercourse , (2) (9) The sunni divorce , (3) (10) Counting the waiting period according to the calendar . one with major ritual impurity, since her hayd may last for many days (up to one third or one half of her fertile life). The second opinion is strong, and barring the menstruating women from the mosques where they can learn and benefit themselves and accompany their children needs to be based on unequivocal evidence, which is lacking in this case.

It is also important to note that the Islamic centers in the west are not only masjids, but they include the masjid, which is the prayer hall and other utility rooms. Outside of the prayer hall, they have stores and advertise on bulletin boards, which are all acts forbidden in the masjid, so it is the agreed upon 'urf (custom) that these areas are not part of the masjid. Therefore, menstruating women who hold the position of the majority may be able to come and stay outside the prayer hall and still listen to the lecture. (1) This is a consensus. (2) In other words, the lawful prescribed divorce.

Divorcing a woman during the period is unlawful and called bid'ey divorce (innovation). Whether it counts as a divorce or not is a different issue. The majority counts it, and (T) doesn't. (3) By consensus, a menstruating woman will count the waiting period after divorce by her periods not the calendar. 98 International University in Latin America (II) [Things It Makes Required] And it makes mandatory: (1) Major ablution, (1) (2) Puberty (2) (3) And counting the waiting period according to it . (III) [When To Resume Premenstrual Functions] Once the blood stops, fasting and divorce become permissible, but the rest (of the acts forbidden for a (1) Hayd is a sure sign of puberty if it takes place after age nine, according to the vast majority or ten according to (a).

The latter position is strong since the Prophet commanded the spanking of kids at age ten if they don't pray, indicating that it is the youngest age at which puberty and the attainment of adulthood may normally take place. Anything before that would be premature and would not cause the girl to be accountable as an adult. (2) Versus counting the period by the lunar months as for the women who do not menstruate. 99 International University in Latin America menstruating woman) will not become permissible until she performs major ablution. It is permissible to enjoy all forms of sex with the menstruating woman except intercourse, for the saying of the messenger of Allah: "Do everything save intercourse." (IV) [Duration, Beginning And End Of Hayd] (1) • The shortest duration of menstruation is a day and night (2) • And the longest is fifteen days . • And the shortest interval between two menstrual periods (tuhr) is thirteen days, • And there is no limit for the longest. (1) According to (M+T) no limit to the shortest period.

Their opinion is supported by the modern medical knowledge. (2) According to (H), it is ten, and that seems to be supported by the modern medical knowledge, which would consider anything past that abnormal. 100 International University in Latin America • And the youngest age at which a woman can start (1) menstruating is nine years , • And the latest is sixty years. (V) [Cases Of Confusion] (1) [The Beginner] If the woman who just started menstruating (beginner) sees the blood for a period that is customary for (2) menstruation , then she must abstain (from the acts forbidden during hayd). • If it stopped short from a day and a night, it is not hayd. • And if it exceeded that but didn't exceed the longest (3) period of hayd , then it is hayd. • If it recurred with the same form and duration for three months it becomes an established habit. (1) See above under (Hayd is a sure sign of puberty). (2) He means between one and fifteen days.

(3) He means 15 days. 101 International University in Latin America • And if it exceeded the longest duration for hayd, then whatever is beyond it is non menstrual vaginal bleeding (istihadah). In this case, she must have major ablution at the end of (1) the hayd, and wash her external genitalia and wrap it . Then, she must perform wudu' for every prayer time and pray. Likewise is the ruling of one with urinary incontinence and the likes. (2) [Prolonged Bleeding] And if the bleeding continued in the other months, then: • If she has a habit, then her hayd is like her habit.

(1) Now the women may use the convenient sanitary napkins or any means to ensure that blood will not leak. 102 International University in Latin America K • If she didn't have a habit, but has the ability to discern - and that is if some of her blood is black and thick [menstrual] and some is red and thin [non menstrual] - then, her hayd is the duration of the flow of that which is black and thick. • And if she was a beginner or forgot her habit and had no ability to discern, then her hayd is six or seven days out of each month, since that is the customary period for most women. The pregnant woman doesn't menstruate unless she sees the blood a day or two or three before her delivery, then it is postpartum bleeding (nifaas)1. 1 It seems to be post-partum bleeding from the time she starts the labor pains. 103 International University in Latin America B1-C10 Chapter on Nifaas (Post-Partum Bleeding) And that is the blood that flows out because of childbirth. Its ruling is like that of hayd with regards to the things permissible and forbidden, and with regards to the things required and dropped because of it. Its longest duration is forty days1, and there is no limit for the shortest. And once she sees the tuhr (purity = cessation of bleeding), she must perform major ablution and she becomes pure. And if it returns within the period of forty days, it would still be considered nifaas. 1 Umm Salamah said: "During the lifetime of the Prophet, the woman with postnatal bleeding would wait around for forty days." (D/T/Ma/A). 104 International University in Latin America Summary of the Unit • According to the matn, the period prohibits ten things: