Chapter Two: The Age at which Menses Starts & Ends

First: Is There an Age Period? Menses occurs between the ages of twelve and fifty although a woman may have it before or after depending upon her condition and environment. The Ulama' (Scholars) of Islam, may Allah's Mercy be upon them all, differed whether there is a specific age period in which menses is manifested and about the nature of the blood that the woman may have prior to or after this period: is her blood a Haid blood or an unrelated blood? After referring to the different opinions about this matter, Imam AdDaarimee2 concluded that: "to me all are wrong, because the criteria should be the presence or absence of the released blood regardless of the age period, and therefore this type of blood should be considered as Haid, and Allah Knows best." What AdDaarimee said is the correct position and this is also the choice of Shayekul Islam Ibn Taymeeyah.3 Accordingly, when the woman sees the menstrual blood then she is in an actual state of Haid even though she may be less than nine or more than fifty years old. This is because Allah and His Messenger () made the rule for Haid effective only when Haid is present and according to these rules there was no mention of a certain age for the commencing or ending of Haid.

Hence, specifying an age period requires an evidence from Quran and Sunnah and this is not available. Second: The time of duration of Haid There is a great deal of dispute amongst the Ulama' regarding the period of time in which a woman is considered to be in Haid. Some Scholars say: "There is no limiting number of days for the existence of Haid either light or intensive. This 2Ad-Daarimee: One of the very well known scholars of Islam. He was born in 181 Hj.

He was a reference cited by Imam Muslim, Abu Dawoud, Al-Tirmidhi and others. He travelled extensively and authored many Islamic classifications. He died in the year 255 Hj. 3Ibn Taymeeyah: The renowned scolar of Islam was born in the year 661Hj/1263 CE. He mastered various disciplines of Islamic studies at an early age. He had strongly defended the Sunnah of the Prophet () and stood firmly against innovations introduced by philosophers and scholastic (Kalam) sects who plotted for his imprisonment on numerous occasions.

He physically defended the Muslims in greater Syria against invasions by the Tartars. He died in 728Hj/1328CE while in prison in Damascus following his Fatawa (Islamic Legal Rulings) against innovators. His writings are still a great reference for Muslims seeking knowledge about Islam. May Allah have His Mercy upon Him. author says: "This opinion is like that of Ad-Daarimee (above) and it is the choice of Shayekul Islam Ibn Taymeeyah and it is the right opinion because it is substantiated by evidences from the Quran, Sunnah, and good analogy: Evidence No. 1: The saying of Allah (Most High): } و1َ73?ُDﻥَ>َ ]6ِ ا?َm;lِ rُq هُDَ أذًى XG]Nَoِ?ُDا ا?Jِ7Gءَ X\ ا?َm;lِ وk 4َj:َHُDهُ6E NET 1hgُ:ن ) { ا[ة، ( "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 have been purified (from menses and have taken a bath)." (Quran 2: 222) It is clear that Allah made the reason behind abstention from legal sexual intercourse with the woman is the lack of purity during her Haid and not the end of a certain period of time: a day, a night, three days, not even fifteen days.

This is a proof that the reason for the above ruling by Allah is either the presence of Haid (and its harm and impurity) or its absence (state of purity). Evidence No.2: What has been confirmed by the Prophet () in the authentic book of hadith known as sahih Al-Bukhari when he () explained to his wife 'Aisha (radiyallaahu 'anha4) what to do when she had her menstrual period after assuming her state of Ihram5 for Umra6: "Do all that the Pilgrim is supposed to do except that you don't perform Tawaff (Circumambulation) around the Ka'ba till you are clean (from your Haid)7. She said: "On the Day of Nahr (animal sacrifice: 10th day of Dhul Hijja), I was pure." 4Radiyallaahu 'anha ('anhu, 'anhuma, or 'anhum): may Allah be pleased with her (him, both, or them). 5Ihram: literally, Ihram means "entering into a state of sanctity." In accordance with the Sunnah of the Prophet () it involves the putting on of a particular type of dress and abstention from certain actions. It takes place at specified places fixed by the Prophet () known as Mawaqeet. 6Umra: A religious journey to Makkah during which one performs Tawaff around Ka'ba and going on Sa'ee seven times between the mountains of Safa and Marwa. 7Saheeh Al-Bukhari (Arabic-English) V. 1, PP.182-3, hadith # 302. It is also reported in another hadith (sahih al-Bukhari) that the Prophet () told her (i.e., 'Aisha): "Wait till you become clean from your menses and then go to AtTan'eem (a place in Makkah), assuming Ihram (and after performing Umra) join us at such and such place."8 So, the Prophet () made it clear that the reason behind preventing 'Aisha from performing the rites of Hajj is her state of cleanliness and not a specified period for the duration of her menstrual bleeding.

This indicates that the Islamic ruling regarding this issue is related to the presence or absence of menstrual blood. Evidence No.3: Estimates and details given by some Jurists regarding the age at which menses starts and ends is not present in the Book of Allah and in the Sunnah of the Prophet () although this issue is definitely needed and necessity demands its clarification. If it were obligatory to understand these estimates and to use them in the worship Allah, then Allah and His Messenger would have clearly made it known to everyone. This is because of the importance of the Islamic rulings that govern many aspects of worship of Allah and which depend upon the state of menses, for example, Prayer, Fasting, Marriage, Divorce, Inheritance and others. As it is known, Allah (
) and His Messenger () explained: •Prayers, their numbers, their times, their Rukoo', and their Sujood. •Zakat9 its types of wealth and property; Nissab10, its due amount, and its recipients. •Siyam (Fasting): its period and the specified times in the day, •Hajj (Pilgrimage) •The etiquettes of eating, drinking, sleeping, sexual intercourse with the wife, sitting, entering and leaving the home, the way to answer the call of nature, even the number of stones to be used in Istijmar,11 and many more details about the minute as well as the greatest types of actions by which Allah (
) had completed His religion of Islam and perfected His favors upon the believers as He (
) says: 8Saheeh Al-Bukhari (Arabic-English) V.3, P.9 hadith # 15. 9Zakat: is a specific kind of charity which is to be collected according to certain rules and regulations from the rich of the Muslims and distributed among the poor ones.

It is one of the five Pillars of Islam. 10Nissab: the required minimum amount possessed by a Muslim at the end of a year (Islamic calendar). The due amount of zakah is determined depending on the type and amount of wealth owned. 11Istijmar: cleaning ones private parts with odd number of stones (not less than three). The Prophet () said: "Whoever cleans his private parts with stones do so with odd numbers.", sahih al-Bukhari, Arabic-English; V.1, P.114, hadith # 163. }وأﻥoَ?JGَ ]َFَ;>َ ا?yِNGبَ 4w; Gﻥ Gً ?yُqz [Tءٍ ) { اEed، ( ٩٨ "And We have sent down the Book (Quran) as an exposition of everything."(Quran 16: 89) } َ~1€4 6y?ﻡG آGن 1‚Gً 1ُNَ:ى و ا?„ي H;6 11 و4€;q آُq [Tء ) { ﺱg، ( "It (the Quran) is not a forged statement but a confirmation of what came before (of Allah's Books: the Torah, the Gospel and other Scriptures) and a detailed explanation of everything."(Quran 12: 111) Hence, since there is no mention of these estimates in the Book of Allah and in the Sunnah of the Prophet () it became clear that one can rule them out of consideration. In fact, the consideration (as proven above) is to be determined by the presence or absence of menstrual blood. There is an important benefit to be deduced from the discussion of this issue and that is the fact that Islamic rulings cannot be confirmed except by an evidence from the Book of Allah (Quran) or the Sunnah of the Prophet () or a known Ijmaa,'12 or good Qiyass.13 Shayekul Islam Ibn Taymeeyah said in one of his basic rulings: "...and such is the name: Haid, Allah had based upon it many rulings in the Book and Sunnah and He did not give us an "estimate" for what constitutes its shortest or its longest period.

He (
) also did not specify the time for which the woman is considered clean between any of her two menstrual periods, although the Ummah is mostly affected by this issue and need to know about it. Linguistically the Name Haid does not characterize one "estimate" or another. So, anyone who estimates a certain time limit for Haid then he/she had taken a position that is not in accordance with the Book and Sunnah." 12Ijmaa': consensus of opinion amongst the pious and righteous Muslim scholars in any generation. When nothing is directly mentioned in Quran or the Sunnah about a case, then the Ijmaa' is considered a valid case (see Fatawa Ibn Taymeeyah Vol. 19, PP. 5-8, and 192-202). Ijmaa' in Islam becomes abiding due to the fact that the Prophet () has related in various authentic traditions that the scholars from among his Ummah (community) will never arrive at a consensus that contains misguidance or error.

Allah (
) protects them from this. Because they were the closest generation to the Prophet (), the companions were the most qualified to arrive at a consensus (Ijmaa'). 13Qiyass: analogical deduction of a ruling regarding a specific issue where there is no clear reference to it in Quran, Sunnah or Ijmaa'. The deduction is based on the good resemblance of a case to another one for which there is a known evidence from Quran, Sunnah or Ijmaa'. An example of Qiyass is the prohibition of marijuana based on the Prophet's statement: "Every intoxicant is Khamr and every form of Khamr is Haraam." (sahih Muslim-English Trans. V.3 P.1108, hadith # 4963).

Since marijuana has intoxicating effect it can be classified as Khamr and thus Haraam (unlawful) (see The Evolution of Fiqh by Abu Ameenah Bilal Philips (1988) P.60; The tawhid Publications, Riyadh, Saudia Arabia). Evidence No. 4: The Qiyass: Allah (
) established that Haid is painful, impure and harmful thing and that is why there should be no sexual intercourse during its manifestation. So as long as there is Haid then there is harm and impurity with no difference between the second day and the first nor between the fourth and the third,... the sixteenth and the fifteenth, the eighteenth and the seventeenth because Haid remains to be Haid and painful and harm remains to be harm! The reason is equally present in any of the days. So, how can it be acceptable to have separate rulings, one for each day, although the existing reason governing the ruling about Haid is the same for both?

This is against good Qiyass. Is it not that good Qiyass is to consider equal application of the ruling on both days because the reason behind the ruling equally exists in both of them? Evidence No.5: The disagreements and disturbances in the sayings of those who specify a certain period of time for Haid indicates the absence of evidence for such sayings. These opinions were arrived at by Ijtihaad14 and they are subject to being wrong or right and none of these opinions have precedence over the other. And at times of dispute matters have to be referred to Quran and Sunnah.

It should be clear by now that the strongest ruling is that there is no time limitation for either the shortest or longest Haid and accordingly: what the woman sees from her natural blood (other than a wound or something similar) is menstrual blood without consideration for time estimates or age factors except the case in which the flow of blood does not cease or it ceases for one or two days per month and in which the woman is considered to be in a state of Istihadah (see later). Shayekul Islam Ibn Taymeeyah said: "Basically everything that comes out from the womb is Haid until an evidence can be established to indicate that it is Istihadah." He also said: "Any released blood is a Haid blood unless it is known to be the type of wound blood or bleeding from a blood vessel." Not only this saying is the strongest view but also it is the closest to understand and contemplate and easiest to practice. It deserves to be accepted above all other views because it fits the spirit and essence of Islam which is relief and easiness. Allah, Most High, said: } وﻡG ‡َ†َqَ ]َF;yُM X\ ا?z16 ﻡ6 َ:َج ) { اek، ( ٨٧ 14Ijtihaad:is the process of arriving at reasoned decisions by well learned scholars to suit new circumstances. "And He has chosen for you (to convey Islam to mankind), and has not laid upon you any hardship in Deen (religion as a code of life prescribed by Allah, i.e., Islam)." (Quran 22: 78) The Prophet () said: "Verily this Deen is very easy and whoever overburdens himself in his religion will not be able to continue in that way.

So you should not be extremists, but try to be near to perfection and receive the good tidings that you will be rewarded."15 It is also known that part of the character of the Prophet () is that whenever he had to choose between two matters he would chose the easier one unless it is a wrong-doing. 15Saheeh Al-Bukhari (Arabic-English) V. 1, P. 34, hadith # 38. THE HAID OF THE PREGNANT WOMAN Most often Haid stops during pregnancy. Imam Ahmad,16 may Allah's Mercy be upon Him said: "Women are able to recognize being pregnant when their Haid stops." If the pregnant woman sees the blood shortly before delivery (two or three days) coupled with contractions then it is considered Nifass. If it is seen way in advance of her delivery or shortly prior to delivery but not accompanied by contractions then it is Haid or not? There is dispute among the scholars on this issue.

The right opinion, however, is that this kind of blood is Haid blood. The reason behind this lies in the general ruling that "The blood encountered by a woman is a Haid blood as long as there is no reason that alters its consideration as Haid blood. To this effect, there is nothing in the Book of Allah and in the Sunnah that indicates that a pregnant woman may not have Haid." This is the opinion of Imam Malik,17 Imam Ash-Shaafie'e,18 the choice of Shayekul Islam Ibn Taymeeyah, and not Nifass. In this case, the question is raised as to whether it can be considered as Haid and thus apply to it all the rulings of also it is reported that Imam Ahmad readopted this position. Accordingly, all the rulings governing the normal Haid are applicable to the Haid of a pregnant woman except in two cases: 16Imam Ahmad Ibn Hanbal (164-241 Hj/778-855 CE) became one of the greatest memorizers and narrators of hadith of his time.

His greatest concern was the collection, narration, and interpretation of hadith. He went through a series of persecutions because of his stand against the application of philosophical concepts in understanding the Quran and hadith. His school of legal thought gives High emphasis to evidences from Quran and Sunnah and the consensus opinion of the Sahabah. 17Imam Malik Ibn Anas Ibn 'Aamir (94-79Hj/716-801CE) born in Madinah. His grandfather, 'Aamir, was among the companions of the Prophet (). He taught hadith in Madinah over a period of forty years.

He compiled a book containing Hadeeths of the Prophet () and sayings of the Sahaba and their successors which he named AlMuwatta'. This book was translated into English. However, an introduction by a mystic (Sufi) person in England distorted the purity of the Book. Sufism is a mystic sect that has nothing to do with Islam. The followers of this sect claim that "they receive direct inspiration"Kashf" from Allah", and that they can influence the universe! and that the unity of Allah means that He is In everything.

Certainly, Allah is Most High on His 'Arsh (Throne), sees, knows, and encompasses everything, and He does not "unite in His creation" as the Christians and other sects claim! Allah's attributes are all unique and perfect and distinct from those of His creation: } nonz آpxwv ﺵtءٌ وه اCqpn ا { ) ارى، ( ١١ "There is nothing like unto Him, and He is All-Hearing, All-Seeing" (Quran 42: 11) 18Imam Ash-Shaafi'ee: (150-204 Hj/767-820 CE): Muhammed Ibn Idrees Ash-Shaafi'ee, was born in Ghazza and travelled to Madinah in his youth to study under Imam Malik. He also studied in Iraq under Imam Muhammad Ibn al-Hassan, The famous student of Imam Abu Haneefah (See F.N. # 28. Imam Ash-Shaafi'ee holds the distinction of being the first Imam to systematize the fundamental principles of Islamic Fiqh (Jurisprudence). a) Divorce: It is known that divorcing a non-pregnant woman must take place during her 'Idda19 (i.e., in a cleanse state in which her husband did not have intercourse with her or if it is known that she became pregnant) and not while she is in her Haid because Islamically this is unlawful. Allah () says: } E6ِgِ4Eِ†ِ?

E6ُإذا ‹َFEjNُM ا?Jz7Gء XَhَFzjDه ) { ا~ق، ١( "When you divorce women, divorce them at their 'Idda (prescribed periods)" (Quran 65: 1). As far as the pregnant woman is concerned her 'Idda is her period of pregnancy whether she was menstruating or not. So her divorce is dependent upon the completion of her term of pregnancy and has nothing to do with her Haid. b) The 'Idda of the pregnant woman ends with her delivery whether she is menstruating or not due to the saying of Allah (): } E6ُgَFَ َ6†َŒَ1 وأوkتِ اB Gلِ أ‡َFَgُ6E أن ) { ا~ق، (٤ "For those who are pregnant (whether they are divorced or their husbands are dead), their period is until they deliver their burdens."(Quran 65: 4). 19'Idda (Prescribed period). The definition of 'Idda lies in the following hadith in sahih Al-Bukhari (ArabicEnglish), V.7, P.129 # 178: Narrated Abdullah bin Umar (radiyallaahu 'anhu) that he had divorced his wife while she was menstruating during the lifetime of Allah's Messenger. Umar bin Al-Khatab asked Allah's Messenger about that. Allah's Messenger said: "Order him (your son) to take her back and keep her till she is clean and then to wait till she gets her next period (Haid) and becomes clean again, whereupon, if he wishes to keep her, he can do so, and if he wishes to divorce her he can divorce her before having sexual intercourse with her; and that is the prescribed period which Allah has fixed for the woman meant to be divorced.”