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Chapter 5 of 1020 min read
الفصل الرابع
Laws About Menses There are many laws about menses. It is enough to mention those that are most needed: First: Menses and salah (Prayers) All kinds of salah, obligatory or Sunnah, are prohibited for women in their menstruation. It is not obligatory on a woman to perform salah unless she could get one complete Rak'ah within the prescribed time of salah. To illustrate this consider the following two examples: Example One: A woman had her menses right after sunset. However, she was clean for a period of time sufficient for her to get one Rak'ah from the Maghrib (Sunset) prayer.
Once she is completely clean, she must make up for her Maghrib prayer. Example two: The menses of a woman stopped before sunrise and within the time sufficient for her to perform one Rak'ah from salah Al-Fajr (Dawn). Once she completely cleans herself, then she must make up for salah Al-Fajr. In both examples, if the time is not enough for her to get one Rak'ah, then it is not mandatory upon her to perform salah because the Prophet () said: "Whoever could get one Rak'ah of a prayer (in its proper time) he has got the prayer."24 This hadith implies that whoever could not get one Rak'ah of a prayer in its proper time, then he has not got the prayer. Case: suppose a woman could get one Rak'ah of 'Asr prayer in its proper time.
Is it then obligatory upon her to perform salah Al-Thuhr (Noon) with salah Al-'Asr (Afternoon)? or if a woman could get one Rak'ah of Isha' prayer in its proper time, is it then obligatory upon her to perform salah Al-Maghrib with 'Isha'? 24Saheeh Al-Bukhari (Arabic-English), V.1, P. 322, hadith # 554. There is dispute amongst the scholars about these issues. The right position, however, is that she should only perform what she is able to get of a particular prayer i.e., salah Al-'Asr and Isha' only. This is based upon the hadith of the Prophet (): "Whoever could get one Raka' of salah Al-'Asr before sunset, then he has gotten the 'Asr."(agreed upon).25 He () did not say "then he/she has gotten Thuhr and 'Asr prayer!". He did not mention that it is mandatory to do salah Al-Thuhr.
This is the position of the schools of thought of Imam Malik and Imam Abu Haneefah.26 Case: During Menses, it is not unlawful to celebrate Allah's Praises (Saying Takbeer, Tasbeeh, and Tahmeed),27 saying Bismillah before acting upon something (eating, drinking, etc..), reading hadith, Islamic discussions, invocing Allah (Dua'), and listening to the recitation of Quran. It has been confirmed by 'Aisha (radiyallaahu 'anha) that the Prophet () used to: "lean on my lap and recite Quran while I was in menses" (Al-Bukhari and Muslim).28 Also Umm 'Atiyya reported that she heard the Prophet () saying: "The Unmarried young virgins and the mature girl who stay often screened or the young unmarried virgins who often stayscreened and the menstruating women should come out and participate in the good deeds as well as the religious gathering of the faithful believers but the menstruating women should keep away from the Musalla (praying place)."29 Case: The reciting of the Quran by a menstruating woman either via direct looking or silently (in her heart) without the actual uttering by the tongue is permissible. The majority of the scholars are with the opinion that it is not prohibited for her to utter the Qur'anic recitation. Imam al-Bukhari, Ibn Jareer At-Tabaree and Ibn Al-Munthir, Imam Malik, and Imam Ash-Shaafi'ee (in one of his earlier sayings) are with the opinion that 25Saheeh Muslim (English: translated by Abdul Hamid Siddiqi and published by Dar Al-Arabi; Beirut-Lebanon) V. 1, P. 298, hadith # 1266. 26Abu Haneefah al-Nu'man Ibn Thabit Ibn Zouta (80-150 Hj/700-770 CE), one of the great Jurists of Islam. He was born in Kufah and died in Baghdad.
He saw the Sahabi, Anass Bin Malik when the latter came to Kufah. He was a pious scholar who respected the hadith of the Prophet () to the degree that he would not narrate any hadith unless he knew it by heart. He considered the hadith above his own saying. He did not call people to blindly imitate him. 27Takbeer: saying Allahu Akbar (Allah is Greater); Tasbeeh: saying Subhana Allah (Allah is free of all imperfection); Tahmeed: saying Al Hamdulillah: All Praise is due to Allah. 28Saheeh Al-Bukhari (Arabic-English) V.1, P.179, hadith # 296. 29Agreed upon hadith. In sahih Al-Bukhari (ArabicEnglish), V. 1, P. 192, hadith # 321. it is permissible for her to recite the Ayah (verse in the Quran).
Shayekul Islam Ibn Taymeeyah said: "Basically, there is no Sunnah to prevent her from reciting Quran. The "hadith" that: "A menstruating woman and the one who is in state of Jannabah30 should not recite anything of the Quran," is a weak hadith as agreed upon by the knowledgeable scholars of hadith. In fact women at the time of the Prophet () used to have their monthly cycles of menses. Had the recitation of Quran been prohibited for them (as it is the case with salah) then the Prophet () would have made it clear to his Ummah (Islamic community) and his wives would have known about it and they would have dissipated this knowledge to the people. Because no one had related a prohibition by the Prophet () about this issue, then it cannot be made unlawful especially when it is known that he () did not prohibit it at the time when menses was very much present.
Accordingly, recitation by the tongue is not Haram (legally unlawful).31 This author said: "having known the dispute between the scholars about this matter, then it is more proper for the menstruating woman not to recite Quran by the tongue except when it is necessary e.g. if she is a teacher or if she is preparing for an exam." Second: Menses & Fasting It is unlawful for a mensturating woman to perform all types of fasting: obligatory or optional. It is, however, obligatory to make up for the missed obligatory days of fasting as explained by 'Aisha (radiyallaahu 'anha): "We passed through this (period of menstruation), and we were ordered to complete (i.e., compensate) the fasts but we were not ordered to complete the prayers" (agreed upon hadith).32 If the woman encounters menses while fasting then her fasting is negated even if her blood flow occurs a moment before sunset. If this day is one of the prescribed days of fasting then she must make up for this day once she becomes clean. If on her day of fasting she feels she is about to have her menses but no blood flow actually occurs till after sunset, then her fasting is complete and is not negated in accordance with the right opinion about this matter. This is because there is no ruling regarding blood inside the 30Jannabah: Is the state in which a man (or a woman) has sexual discharge during sexual intercourse or in a dream, etc.
In this state a Muslim is not allowed to pray nor do other kinds of worships unless and until he (she) performs Ghusl (have a full shower) or do Tayammum if he/she cannot use water for any reason. 31Ibn Taymeeyah in Al-Fatawa (religious decrees) V. 26, P. 191. 32The text is from sahih Muslim, V.1, P. 191. woman's body and because the Prophet () when asked: "is it necessary for a woman to take a bath after she has a wet dream (nocturnal sexual discharge)?" he replied: "Yes, if she notices a discharge."33 So, he () conditioned the ruling upon the actual seeing of the discharge and not upon its transfer (from inside-out). Similarly in the case of Haid, the ruling applies once there is an actual seeing of discharge. Case: if a woman's period continues till after dawn (Fajr), then no fasting will be acceptable from her on this day even if she becomes clean moments after dawn. Case: if she becomes clean before Fajr and she fasted, then her fasting is correct even though she may have not taken her cleaning bath till after Fajr time. This is the same as in the case of the person who has Jannabah.
If he (she) intends to fast and did not take his (her) bath until after Fajr, then his (her) fasting on this day is correct. This is in accordance with the hadith of 'Aisha (radiyallaahu 'anha) who said that: "The Prophet () used to get up in a state of Jannabah (after sexual relations with his wives) and fast during the month of Ramadan."34 Third: Menses & Tawaff Around The Ka'ba It is prohibited for the Haa'id (menstruating woman) to perform Tawaff (obligatory or non obligatory) because of the saying of the Prophet () to 'Aisha when she had her period during Hajj: "Do all that the Pilgrim is supposed to do except that you don't perform Tawaff around the Ka'ba till you are clean (from your Haid).”35 It is not unlawful for her to perform the rest of the rites of Hajj. So, if a woman makes Tawaff while she is clean and she had her menstruation right after she completes her Tawaff or during her Sa'ee, then she is relieved. 33Saheeh Al-Bukhari (Arabic-English) V.1, P. 171-2, hadith # 280. 34'Aisha (radiyallaahu 'anha) said: "The dawn broke upon the Messenger of Allah () during the Ramadan in a state of Jannabah not becuase of sexual dream (but on account of intercourse) and he washed himself and observed fast"-sahih Muslim, V.2, P.539. 35ibid, footnote # 7. Fourth: Exemption From The Farewell Tawaff If a woman completes the rites of Hajj and Umra and she gets her menses before she departs to her home (country or city), and if this is still continuous at the time of her actual departure, then she can leave without performing the Farewell Tawaff. This is in accordance with the hadith narrated by Ibn Abbass (radiyallaahu 'anhuma): "The people were ordered to perform the Tawaff-al-Wada' (Farewell) as the last thing before leaving (Mecca) except the menstruating women who were excused."36 Case: It is disliked for a menstruating woman to do her Dua' (invocation upon Allah) by the door of Al-Masjid Al-Haram (The Sacred Mosque), because this was not the practice of the Prophet ().
On the contrary, what has been reported by the Prophet () is his order to Safiyah (radiyallaahu 'anha) to leave after she had her menstruation following the Tawaff of Al-Ifadah (the obligatory Tawaff). If, however, a woman gets her menses before performing Tawaff Al-Ifadah or that of the Umra, then she must make up these Tawaffs after she becomes clean. Fifth: Menses & Staying In The Mosque It is prohibited for a menstruating woman to stay in a Mosque (even the 'Eed praying area) in lieu of the hadith of Umm 'Atiyya (radiyallaahu 'anha) when she heard the Prophet () saying: "The Unmarried young virgins and the mature girl who stay often screened or the young unmarried virgins who often stay screened and the menstruating women should come out and participate in the good deeds as well as the religious gathering of the faithful believers..." He () ended by saying: "but the menstruating women should keep away from the Musalla (praying place)."37 Sixth : Menses & Legal Sexual Intercourse It is prohibited for a husband to have sexual intercourse with his menstruating wife, and it is not allowed for her to make it possible for him. Allah () says: 36Agreed upon hadith: sahih Al-Bukhari (Arabic-English) V.2, P. 469. hadith # 810. 37ibid: F.N # 22 and 23. } و173?Dﻥ> ]6 ا?m;l rُq هُDَ أذًى XG]Nَoِ?ُDا ا?Jz7Gءَ X\ ا?َm;l وk 4j:HDهُ6E NT 1hْgُ: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).
Menses here refers to the period of menstruation and the private part of the woman is the prohibited place. The Prophet () said: "Do everything except sexual intercourse."38 All Muslims had Ijmaa' prohibiting sexual intercourse with a menstruating woman. It is not permissible for anyone who believes in Allah and in the Day of Judgment to practice this act. Anyone who does this then he had disobeyed Allah and His Messenger and followed a path other than the believers path.39 It is related that Imam Ash-Shaafiee' had said: "Anyone who does such an act then he had committed a major Sin." Other scholars of the same school said: "Anyone who sees it permissible to have sexual intercourse with a menstruating woman then a decree of his Kufr (rejection of Faith) should be made." In order to break the intensity of sexual desire, it is permissible (and praise is due to Allah) to kiss, hug and fondle a menstruating woman in places other than her private parts. It is important, however, that the husband does not approach the area between the knees and the navel without laying a cover sheet as 'Aisha (radiyallaahu 'anha) explained: "He () used to order me to put an Izar (dress worn below the waist) and used to fondle me (during her menses)."40 38Saheeh Muslim (English) V 1.
P.175, hadith # 592. 39Allah () warns saying: } qEَ َ ِvِwo وﻡ ُِ اqﺱل ﻡ ﺏَِ ﻡ nَ vُ ا ُى وqُِ nَ ﺱnd اpﻡEn َُDvِ ﻡ َqt و وﺱءتْ ﻡَonاً ) { اECء، ( "And whoever contradicts and opposes the Messenger (Muhammad ()) after the Right Path has been shown clearly to him, and follows other than the believers' way, We shall keep him in the path he has chosen, and burn him in Hell;-- what an evil destination." (Quran 4: 115) 40Saheeh Al-Bukhari (Arabic-English): V. 1, P.180, hadith # 298. Seventh: Menses & Divorce It is prohibited to divorce the wife during her menstruation. Allah () says: } E6ِgِ4Eِِ? E6ُإذا َFEjNM ا?Jz7Gءَ XَhَFzjDه ) { ا~ق، ١( "When you divorce women, divorce them at their 'Idda (prescribed periods)" (Quran 65: 1) meaning that at the time of divorce they should be in conditions that, will allow the determination of their coming 'Idda. The conditions are such that the woman is either clean (from menses and prior to any sexual intercourse) or she is pregnant (and her prescribed period is until she delivers her burden).
If, for example, she is divorced while in menses, her menses will not be counted as part of her prescribed 'Idda (see footnote # 19) and therefore she will miss her accurate determination of 'Idda. Also if she is divorced while in a clean state and following a sexual intercourse with her husband, then she is not sure about her 'Idda (or may not be pregnant). Due to the lack of uncertainty concerning her type of 'Idda, it is prohibited for a man to divorce his wife until her state (clean or pregnant) becomes clear. It is also confirmed that the Prophet () became angry when he heard that Ibn Umar (radiyallaahu 'anhuma) divorced his wife while she was in her menses. He told Umar Ibn Al-Khataab (radiyallaahu 'anhu), to order his son (Ibn Umar) to "turn her back" (see footnote #19).
So, if a person divorces his wife while she is menstruating then he had committed a sin and must sincerely repent to Allah, negate his decision, let her stay until she becomes clean, wait for her next menses, and then after she becomes clean again he has the choice to keep her or divorce her before having sexual intercourse with her. There are three provisions that allow divorce during menses. These are: FIRST: Divorce is made before he is about to have sexual seclusion with her or prior to actually having sexual intercourse with her, because under these circumstances she has no established 'Idda and her divorce is not in dispute with the saying of Allah (): } E6ُXَhَFِjDه ?َِِ4ِgِ6E { ا ) ا~ق، ١( "Divorce them at their 'Idda (prescribed period))" (Quran 65: 1) SECOND: If menses occurs during pregnancy, because as explained earlier, her 'Idda is not related to her menses but her pregnancy. THIRD: If divorce is made in return for something (Al-Khul'). For example, if there are continuous strong dispute and ill-treatment between a husband and his wife, then the husband can accept something in return for the divorce of his wife.
The evidence is in the hadith narrated by Ibn Abbass (radiyallaahu 'anhuma) in which the wife of Thabit Bin Qais bin Shamass came to the Prophet () and said: "O Messenger of Allah! I don't blame Thabit for defects in his character or his religion, but I , being a Muslim, dislike to behave in an un-Islamic manner (If I remain with him)". On that the Prophet () said to her: "will you give back the garden which your husband has given you (as Mahr41)?" She said: "Yes." Then the Prophet .() said to Thabit: "O, Thabit, accept your garden, and divorce her once."42 The Prophet () did not ask whether she was in her menses or not. Under these circumstances of genuine need, the wife can ask for her divorce regardless of her menstrual conditions. "Divorcing during menses could harm the woman because it will elongate her 'Idda.
On the other hand, the harm resulting from ill-treatment and strong disputes is much greater than the harm inflicted due to the elongation of the 'Idda, and therefore it is more urgent to remove through the request for divorce. This is why the Prophet () did not ask about the menstrual conditions of the wife of Thabit bin Qais."43 Case: The establishment of a marriage contract with a menstruating woman is permissible because there is no evidence to indicate otherwise. However, the husband should be cautioned that if he is unable to hold his sexual desires, then he should not have seclusion with his wife until she becomes clean from her menses. 41Mahr: dower, bridal money. 42Saheeh Al-Bukhari (Arabic-English), V. 7, P.150, hadith # 197. 43Cited in Al-Mughnee, V. 7 Ta-Meem, P.52. Eighth: Menses & The 'Idda of Divorce If a husband divorces his wife after his first sexual intercourse with her or after being alone with her, then she should have an 'Idda of three complete menstruations (if she is a menstruating woman and not a pregnant one). This is in compliance with the saying of Allah (): } ٍوا?ُhَFEjGتُ 1َNَ:َHE6َ H3ﻥُ7ِgِ6E ﺙ0ﺙَ rُ:وء ) { ا[ة، ( "And divorced women shall wait (as regards their marriage) for three menstrual periods" (Quran 2: 228).
If she is pregnant then her 'Idda is up and until she delivers (whether it is a short or long pregnancy), because Allah () says: } E6ُgَFَ َ6ََ1 وأُkتُ اB Gلِ أَFُgُ6E أن ) { ا~ق، ٤( "And those who are pregnant (whether they are divorced or their husbands are dead) their 'Idda (prescribed period) is until they deliver (their burdens)". (Quran 65: 4). If she has no courses (of menses), like the immature, or if she passed the age of monthly courses or she had surgical removal of the uterus, etc., then her 'Idda is three months in lieu of the saying of Allah (): } ?وا 0ِT 1ِ76َ ﻡ6 ا?َm;lِ ﻡ6 ﻥِ7GِyُM إن ار4َwNُM XَِE4ُgُ6E ﺙ0ﺙُ أ[g:ٍ وا?0ِT ?M 1َmِْ6 ) { ا~ق، ٤( "And those of your women as have passed the age of monthly courses, for them the 'Idda (prescribed period), if you have doubts (about their periods), is three months and for those who have no courses (i.e., they are still immature), their 'Idda (prescribed period) is three months like wise (Quran 65 :4)" [Except in the case of death (see Quran 2: 234)]. Case: If the woman is of those who have monthly courses, but due to a known reason (sickness or breast-feeding) her menses stops. She should stay in her 'Idda (even though it may become longer) until she gets back her menses whereby she takes it into account in the calculation of her 'Idda.
If the cause has ended yet she did not recover her menses, then her 'Idda becomes one full year starting the time at which the cause ended. This is the right opinion that fits the basics of our Islamic legal laws. Her case is analogous to those women who, for unknown reasons, their menses stopped. Her complete 'Idda is One Year: nine months (to accommodate a possible pregnancy) plus three months for her original monthly courses. Case: If Divorce occurs after establishing the contract of marriage, but prior to seclusion and sexual intercourse, then there is no 'Idda whatsoever.
Allah () says : } Ggَ1G أ1VgG ا?16 ءاﻡJDا إذا ﻥَyَmْNُMُ ا?LﻡJGتِ ﺙُME َFEjNُDهُ6E ﻡ6 rَwqِ أن 4َ7Dهُ6E XG ?َyُM ]Fَ;gِ6E ﻡ6 ]ِEةٍ 4َNَوﻥ ) { اﺡاب، ( ٩٤ "O you who believe! when you marry believing women, and then divorce them before you have sexual intercourse with them, no 'Idda [divorce prescribed period, (Quran 65:4) have you to count in respect of them. So give them a present, and set them free in a handsome manner."(Quran 33: 49). Ninth: A Free Uterus A uterus free from pregnancy has a relationship to the state of menses of a woman and thus to the application of certain Islamic Laws. For example, if a person related to a married woman dies and he has a particular inheritance. To know whether the woman is pregnant or not determines the state of distribution of inheritance.
Her husband should not have sexual intercourse with her until after: a) she menstruates, indicating that her womb is free and thus no inheritance applies; b) her pregnancy at the time of death of the inherited person is clearly proven. In this case the distribution of inheritance must consider the new born. Tenth: Obligation To Have Ghusl It is obligatory upon a menstruating woman to take a bath at the end of her menses. This is in accordance with the saying of the Prophet () to Fatimah (the daughter of Abi Hubaish): "Give up the prayer when your menses begins, and after it finishes, wash the blood off your body (by having a full shower), and start praying."44 The least to do while taking a bath is to wash off all of the body including the scalp of the head. The best way of bathing is the way described by the Prophet () when Asma', the 44Saheeh Al-Bukhari (ArabicEnglish), V.1, P. 196. hadith # 327. daughter of Shakl, inquired about Ghusl.
He () said: "Everyone amongst you should use water (mixed with the leaves of) the lote-tree and cleanse herself well, and then pour water on her head and rub it vigorously till it reaches the roots of the hair. Then she should pour water on it. Afterwards she should take a piece of cotton smeared with musk and cleanse herself with the help of that? Upon this he (the Messenger of Allah) observed: Praise be to Allah, she should cleanse herself. 'Aisha said (in a subdued tone) that she should apply it to the trace of blood."45 It is not obligatory upon the menstruating woman to undo her hair once she is ready to do Ghusl unless her hair is closely plaited to the degree that it will prevent water from reaching under the hair.
Umm Salamah (radiyallaahu 'anha) asked the Prophet (): "I am a woman who has closely plaited hair on my head; should I undo it for taking a bath, because of sexual intercourse (or due to Haid as in one narration)? He () said: and then pour water over yourself, and you shall be purified."46 Case: If the menstruating woman becomes clean within the prescribed time of one of the prayers, then she should immediately take a bath so as to be able to perform her prayer on time. If she was on travel and there was no available water or if she would be harmed (due to a certain reason: sickness or otherwise) by the use of available water, then she can perform Tayammum47 up until the causes that prevent her from using water are lifted. She could then take a bath. Case: There are some women who become clean during the prescribed time of a prayer but they postpone taking a bath claiming that they are unable to finish cleaning themselves within the prescribed time of prayer!
This is only an excuse, because she can perform the mandatory acts of Ghusl that would make her clean and still perform prayer on time. She could perform a complete bath whenever she is free. 45Saheeh Muslim (English), V.1, P.188, hadith # 649. 46Saheeh Muslim (English), V.1, P187, hadith # 643. 47Tayammum: to put or strike lightly the hands over clean earth and then pass the palm of each on the back of the other, blow off the dust and then pass them over the face. This is performed when water is not available or if its use is harmful.