CLASS #8 - Delivered on May 19th, 2007


After praising Allaah سبحانه و تعالى and sending the salaat and salaam upon the best of creation, our Prophet Muhammad صلى الله عليه و سلم, his family members and all his Companions. The Shaykh حفظه الله then said:


Book: Purification

Chapter 7: The Menstrual Cycle al-Haaid

Quote:
بابٌ الحيضُ
لم يأت في تقدير أقله وأكثره ما تقوم به الحجة، وكذلك الطُّهر.فذات العادة المتقرِّرةِ تعمل عليها. وغيرُها ترجع إلى القرائن، فدمُ الحيض يتميز عن غيره. فتكون حائضاً إذا رأت دمَ الحيض، ومستحاضةً إذا رأت غيرَه. وهي كالطاهرة، وتغسل أثر الدمِ وتتوضأ لكل صلاة.والحائض لا تصلي ولا تصوم ولا تُوطَأ حتى تغتسل بعد الطُّهر، وتقضي الصيام
فصل:
والنفاس أكثره أربعون يوماً، ولا حدَّ لأقله. وهو كالحيض
The Menstrual Cycle (al-Hayd):
There is no (authentic) proof (which has been legislated) defining the least or greatest duration that it remains (with the woman, keeping her in impurity). Likewise, the period of purity (i.e. there is also no authentic legislated proof defining the lack of Hayd).

The one with a known cyclical period (of menstruation) is to act upon that. The others are to judge (between their differing forms of vaginal bleeding). The blood of menstruation is different from other types of bleeding. Therefore the woman is deemed in a state of Hayd when she sees the blood that is known to be that of Hayd. (Otherwise) she is in a state of Istihaadah if the blood is not that of Hayd and is to be considered pure. She should wash the remnants of the blood and make Wudū’ before every prayer. The woman in a state of Hayd must not pray, fast or engage in sexual activity until she performs the Ghusl after her Hayd comes to an end. She must make up the fast of her missed days.



The Menstrual Cycle (al-Hayd)

THE DURATION OF MENSTRUATION (HAYD)

لم يأت في تقدير أقله وأكثره ما تقوم به الحجة، وكذلك الطُّهر

The author رحمه الله says: There is no (authentic) proof (legislated) defining the least or greatest duration that it remains (with the woman keeping her in impurity). Likewise, the period of purity (i.e. there is also no authentic legislated proof defining the lack of Hayd).

That is, the least number of days and the greatest number of days that a woman may menstruate does not come from the Prophet صلى الله عليه و سلم or in daleel (proof) from the Book and the Sunnah. There is no emphatic daleel for this such that we can say ‘the least amount is six (6) days’ or ‘the least amount is five (5) days’, or more. Likewise the period of purity has not been reported from the Messenger صلى الله عليه و سلم as a specific number of days.

This establishes that if hayd is prolonged for a woman for seven or eight days then she will be pure for less days and likewise if her days of hayd are decreased, her days of purity will be increased.



WORKING BY THE NORMAL NUMBER OF DAYS

فذات العادة المتقرِّرةِ تعمل عليها
The ’aadah (عادة - norm) that is established is worked with. That is, if it is known that the woman normally menstruates for a computed number of days then she works with that. So if that number of days goes by then in reality she must look at the colour of the blood.

For example if the normal bleeding is five (5) days every month, then in the current month the blood increases to seven (7) or eight (8) days, she bases it on her previous normal (cycle) and considers the days of hayd as five (5) days and the remainder is not considered hayd.

So then, as long as there is no period (of time), no minimum or maximum number of days, how does a woman whose blood flows for more than her normal number of days know (when her period of hayd stops)? In this case the ‘Ulamaa say that the colour of the blood is what is used to decide this matter. An example of this is a woman who began for five (5) days and continued every month for five (5) days then her ’aadah (norm) is five (5) days. If after five (5) days the blood persists (but differs in colour), she performs ghusl and the blood that continues to flow is called istihaadah as mentioned (previously).


THE OTHERS ARE TO JUDGE (BETWEEN THEIR DIFFERING FORMS OF VAGINAL BLEEDING)

وغيرُها ترجع إلى القرائن
If her ’aadah (norm) is not fixed, we decree that she is a beginner – she has not had hayd before. This is the first time she has attained puberty and her hayd has come. In this situation, in reality, there is no doubt that she must look at the blood. When does the blood stop? Is it two (2) days, or three (3) or five (5)? If the bleeding stops after five (5) days then her hayd has ended and this is considered her norm for the coming months.

However if the blood persists what should she do? This is the first time that she has her hayd, but the blood persists for ten (10) days. Then it is necessary for her to look to her relations (in her household) and the signs/characteristics of the blood of menstruation.


THE BLOOD OF MENSTRUATION IS DIFFERENT FROM OTHER TYPES OF BLOOD

فدمُ الحيض يتميز عن غيره
What are the characteristics of the blood of hayd? Its characteristic 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.” [1] i.e. the colour and smell is known to the women of her household. So if it is like that then she refrains from salaah; if it is other than that i.e. the blood is not black, then she performs wudū’ and prays for verily they (the characteristics and the household members) are depended upon. If she is not familiar, then look towards her relatives if the blood persists for a lengthy period. The blood of hayd is distinguished from other than it, and you are considered as menstruating if the blood is the blood of hayd. How is it distinguished from other than it? The women recognize it by its black colour, its thickness and its unpleasant smell.

THE TYPES OF BLOOD
فتكون حائضاً إذا رأت دمَ الحيض، ومستحاضةً إذا رأت غيرَه، وهي كالطاهرة
Therefore the woman is deemed in a state of Hayd when she sees the blood that is known to be that of Hayd. (Otherwise) she is in a state of Istihaadah if the blood is not that of Hayd and is to be considered pure.

So the blood may be distinguished i.e. it is considered menstrual blood if she sees the blood of hayd; and mustahaadatun[2] if she sees other than that. If she sees that the blood is not black then she should consider herself mustahaadah and she is like (one who is) pure.

So what distinguishes the Haaid? Her blood is black as is known, which exits from her private parts after puberty; and she leaves off her salaah and sawm (fasting) during the days of her hayd.


THE PURIFICATION OF THE MUSTAHAADAH FOR SALAAH
وتغسل أثر الدمِ وتتوضأ لكل صلاة
If the blood continues and it is not black, she is considered pure. She should perform ghusl but she has a special ruling concerning wudū’. She should perform ghusl after the departure of the black blood, and make wudū’ for every salaah, as comes in the hadeeth: “Give up the prayer when your menses begin and when it has finished, wash the blood off your body (take a bath) and start praying.”[3] After the blood of hayd has stopped it is obligatory for her to make ghusl as Allaah تعالى said:
حَتَّىَ يَطْهُرْنَ فَإِذَا تَطَهَّرْنَ
{…till they are purified (from menses and have taken a bath)." And when they have purified themselves…} [al-Baqarah 2:222]

So there is no doubt that she purifies herself and performs ghusl. Then, for every salaah she should make a specific wudū’ for that salaah. The meaning of this is that at the time of Dhuhr she makes wudū’ and performs Dhuhr with this wudū’ and whatever she wishes from the nawaafil (supererogatory) salaah associated with it. Then when the time of ‘Asr comes, even if there was no (passing of) wind or anything else that broke her wudū’; she should cleanse the traces of blood and wear something (e.g. sanitary napkin) to protect herself and the masjid/musallah (place of prayer) from blood whilst she is praying, and make a new wudū’.

What is correct is that it is waajib (obligatory) for her i.e. the mustahaadah, to perform wudū’ for every salaah due to the continuation of bleeding after hayd. It is not necessary for her to make ghusl for each salaah. There is a hadeeth where Umm Habeebah رضي الله عنها made ghusl for each salaah (when she bled from istihaadah) and it is a Saheeh (authentic) hadeeth.[4] However, she performed ghusl on her own, and not based on the response of the Prophet صلى الله عليه و سلم. So if one wants to perform ghusl for every salaah on her own accord, and make wudū’ then this is permissible for her. What comes concerning this from some of the ahaadeeth, is that the Prophet صلى الله عليه و سلم commanded the mustahaadah to perform ghusl for every salaah but these ahaadeeth are not evidence (as they are unauthentic). There is no doubt that in this there is great difficulty and a tremendous hardship upon the woman.


RULINGS OF HAA’ID

والحائض لا تصلي ولا تصوم ولا تُوطَأ حتى تغتسل بعد الطُّهر، وتقضي الصيام
  1. The haaid does not pray nor fast. This is the hukm (ruling) of hayd and the haaid. Hayd prevents the woman from salaah and sawm (صوم – fasting). There are authentic aahaadeeth regarding this and an ayah which also enforces this meaning. Allaah تعالى says:
    وَيَسْأَلُونَكَ عَنِ الْمَحِيضِ قُلْ هُوَ أَذًى
    {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]

    The word ‘adhaa’ (أذى) which is used means najaasah (نجاسة – impurity) or ‘a thing which is harmful’ – in reality ‘an impurity which is harmful’. No doubt a woman is harmed by the arrival of this blood (due to pain) and it is also a cause of pain.
  2. She must not engage in sexual activity until she performs ghusl, after she becomes pure (i.e. her hayd comes to an end.) She has been prevented from intercourse (during hayd). The legislation of Islaam does not command with anything unless in it is good; and does not prevent a thing except that in it is injury or harm. In it is harm for the man and woman. So, intercourse has been prevented for a woman who is menstruating because hayd is a cause of harm to the man if he has intercourse with her during menstruation. It is a cause of illness for the man and also the woman.
  3. The menstruating woman does not perform salaah or fast, and this is a matter for which there is agreement (consensus). She must make up her missed fast (missed during Ramadaan), but not her missed salaah.
  4. It is not permissible for her husband to have intercourse with her because Allaah سبحانه و تعالى said:
    فَاعْتَزِلُواْ النِّسَاء فِي الْمَحِيضِ
    {…therefore, keep away from women during menses…} [al-Baqarah 2:222]

    Also, after hayd, Allaah سبحانه و تعالى said:
    وَلاَ تَقْرَبُوهُنَّ حَتَّىَ يَطْهُرْنَ
    {… and go not into them till they are purified (from menses and have taken a bath)…} [al-Baqarah 2:222]

    So if she purifies herself, i.e. after her hayd has stopped she performs ghusl also, then:
    فَإِذَا تَطَهَّرْنَ فَأْتُوهُنَّ مِنْ حَيْثُ أَمَرَكُمُ اللّهُ إِنَّ اللّهَ يُحِبُّ التَّوَّابِينَ وَيُحِبُّ الْمُتَطَهِّرِينَ
    {… And when they have purified themselves, then go into them as Allâh has ordained for you (go into them in any manner as long as it is in their vagina). Truly, Allâh loves those who turn to Him in repentance and loves those who purify themselves (by taking a bath and cleaning and washing thoroughly their private parts and bodies for their prayers).} [al-Baqarah 2:222]

    So if she performs ghusl then it is permissible for him to have intercourse with her. When the blood stops at the time of Dhuhr and the woman is lazy and does not perform ghusl, but performs ghusl later near the time of ‘Asr then it is not permissible for her husband to approach her until after she performs ghusl. In any event, from the rulings of the haaid is that she is not approached until she performs ghusl after becoming pure.
  5. She must make up her missed fasts. As for the difference between salaah and fasting, we don’t ask why we make up the fast and not the salaah as this is what Allaah commanded. The fasting that is waajib does not occur except a little in one year. As for salaah, it is repeated five (5) times each day. It is a Rahmah (رحمة – Mercy) from Allaah سبحانه و تعالى that He did not order her with making up the salaah missed during the days of hayd. This is because for each month, if she misses 6 days, she would have to make up 30 salaah there is no doubt that in this is a difficulty. So this hadeeth is from the aahaadeeth of ease, and removing of difficulty in Islaam.
    As for fasting, it is not waajib upon her except 30 days (in a year); and she may just have to make up 6 days for the year based on her hayd. This is very clear and it endorses the Rahmah of Allaah, and ease in the Sharee’ah (Legislation) that she makes up the fast but not the salaah.

Summary
So, the haaid is not approached until she performs ghusl after becoming pure. She does not pray or fast until she has become pure and performed ghusl, then she makes up her (missed) fasts but does not make up her (missed) salaah.


Nifaas
والنفاس أكثره أربعون يوماً، ولا حدَّ لأقله


The woman that is nufasaa’ (نفساء – in the postpartum period) has blood which comes from her during or after childbirth.

The typed of blood that we have mentioned are three (3):
  1. Blood of Hayd (menstruation)
  2. Blood of Istihaadah (from a blood vessel)
  3. Blood of Nifaas (postpartum) which we will now cover.
Some ‘Ulamaa’ mention in the books of Fiqh that there is a fourth type of blood which is called Damul-Fasaad – which is another type of impure blood. In reality this type of blood falls in the category of ‘the blood of [i]hayd’. So in reality there are just three (3) types of blood (as mentioned above). They are: the blood of Hayd, Istihaadah, and Nifaas.

Nifaas is a type of blood that comes from the woman either during or after childbirth. Some of the ‘Ulaamaa’ say it is also the blood which comes from the woman 2-3 days before childbirth. In reality this blood is istihaadah and it is not the blood of nifaas; and it takes the ruling of istihaadah. So she should make wudū’ for each salaah and pray, and she should fast.

It is called blood of nifaas based on the word used in the hadeeth of the Prophet صلى الله عليه و سلم where he said: “Whoever removes a difficulty from the Believer in this life then Allaah will remove a difficulty from him in the hereafter.”[5] The word that was used to mean ‘to remove’ was the same word Nafasa, which is the same word that nifaas comes from. It means ‘to remove something’. Once the woman has the child all the pains of childbirth are gone; and when the blood comes there are also some other things being removed from the woman. This is the linguistic meaning of the word nifaas.

Some of the ‘Ulamaa’ say that the greatest amount of days that the woman may bleed from the blood of nifaas is forty (40) days. This is based upon the hadeeth of Umm Salamah رضي الله عنها where she said in an authentic hadeeth that “The women during the time of the Messenger صلى الله عليه و سلم would wait (concerning their salaah and fasting) due to the blood of [i]nifaas for 40 days”
[6]; and in another narration ‘40 nights’; and the Prophet صلى الله عليه و سلم did not order them to make up their salaah. Based upon this hadeeth, some of the ‘Ulamaa’ say that the maximum number of days that a woman may bleed the blood of nifaas is 40 days. Some say that it is 60 or 70 days.

The blood of nifaas has specific characteristics just as the blood of hayd has specific characteristics. It is also black, thick, and smelly. If after 40 days the woman notices a change in the colour of the blood and it is no longer black, then it is the blood of istihaadah and it takes the ruling of istihaadah. She should make ghusl, and make wudū’ for every salaah. She must rely on the colour of the blood – the colour is black like the blood of hayd.


RULINGS OF NIFAAS
وهو كالحيض
  1. It is not permissible for the woman in nifaas to have sexual relations with her husband based on hadeeth “Do everything (with her that you would normally do), except have sexual relations.”[7] This means that if you normally kiss or hug or be close to your wife or sleep next to her then this may be done. The Yahood (Jews) at that time did not do this; they stayed away from their wives when they were in their menses. Rather, they would have their wives sleep in a separate room from them. However, Islaam is a Religion of Mercy and the Prophet صلى الله عليه و سلم is our example, and he demonstrated to us how to have good relations and character with one’s family.

    The Prophet صلى الله عليه و سلم used to sit with ‘Aaishah رضي الله عنها and his other wives, and he would kiss them and be close to them, and he would even sleep under the same cover with them. Also, “he صلى الله عليه و سلم slept with ‘Aaishah under one garment when she was haaid”[8] This is from the beautiful characteristics and etiquettes of the Prophet صلى الله عليه و سلم with his wives. He is the example for this Ummah. There is also another narration where he صلى الله عليه و سلم would sit and eat with his wives while they were on their menses. Nothing changed from what he would normally do with them, except for not having sexual intercourse with them. There is a narration where He صلى الله عليه و سلم gave ‘Aaishah to eat the meat from a bone and when he took the bone back from ‘Aaishah he placed his mouth on the same place she had eaten from.[9] This shows the beautiful manners and etiquettes of the Prophet صلى الله عليه و سلم shown to his wives. It shows that nothing changed from his normal behaviour with his wives other than the fact that he did not have sexual relations with them whilst they were in that state.
  2. The woman in the state of nifaas does not perform salaah or fast. Additionally, the menstruating woman does not make tawaaf around the Ka’bah; just as the woman in nifaas doesn’t. There is a narration where the Prophet صلى الله عليه و سلم told ‘Aaishah when she was making Hajj and started menstruating, “ do everything from the rites of Hajj except tawaaf.”[10] This shows that the woman in the state of nifaas is just like one who is menstruating. She does not pray, fast, nor make Tawaaf around the Ka’bah.
  3. It is not permissible for a man to divorce his wife whilst she is on her menses. Likewise it is not permissible for a man to divorce his wife when she is in a state of nifaas after she has had the child and has postpartum bleeding due to the childbirth. If he divorces his wife in this state he must take her back and it counts as one divorce. If he wants to divorce her, he must wait for her to become clean twice and then he may divorce her. But, the time that he divorced her and she was on her menses or in a state of nifaas counts as one divorce.


* * * Alhamdulillaah – All Praise is due to Allaah
This brings us to the end of Kitaab at-Tahaarah (The Book of Purification) * * *




Footnotes and References

[1] Reported in Saheeh al Jaami’ (#765) as part of the following longer hadeeth:
إذا كان دم الحيض فإنه دم أسود يعرف فإذا كان ذلك فأمسكي عن الصلاة وإذا كان الآخر فتوضئي وصلي فإنما هو عرق

[2] A woman who has bleeding from the private parts which is from a burst vein and it is not considered impure. It is not the blood of menstruation nor postnatal bleeding.

[3] Reported from ‘Aaishah رضي الله عنها in Saheeh al-Bukhaaree, Kitaab al-Hayd (#324) and elsewhere. Also reported in Saheeh Muslim, Kitaab al-Hayd (#333).
إذا أقبلت الحيضة فدعي الصلاة، وإذا أدبرت فاغسلي عنك الدم وصلي


[4] Reported from ‘Aaishah رضي الله عنها in Saheeh al-Bukhaaree, Kitaab al-Hayd (#321) and in Saheeh Muslim, Kitaab al-Hayd (#334). Also reported by others.
أن أم حبيبة استحضيت سبع سنين، فسألت رسول الله صلى الله عليه وسلم عن ذلك، فأمرها أن تغتسل، فقال: (هذا عرق). فكانت تغتسل لكل صلاة

[5] Reported as part of a longer hadeeth in Saheeh Muslim, Kitaab adh-Dhikr wad-Du’aa wat-Taubah wal-Istigfaar (#2699).
من نفس عن مؤمن كربة من كرب الدنيا، نفس الله عنه كربة من كرب يوم القيامة

[6] Reported in Jaami’ at-Tirmidhee 1/256 (#139) as part of a longer hadeeth. Shaykh al-Albaanee رحمه الله said the hadeeth is Hasan-Saheeh.
كَانَتِ النُّفَسَاءُ تَجْلِسُ عَلَى عَهدِ رَسُولِ اللهِ صَلَّى الله عَلَيْهِ وَسَلَّمَ أَربَعِينَ يَوْماً

[7] Reported in Saheeh Muslim as part of a longer hadeeth in Kitaab al-Hayd (#302).
اصنعوا كل شيء إلا النكاح

[8] Reported from ‘Aaishah رضي الله عنها in Sunan Abi Daawūd, Kitaab at-Taahaarah 1/70 (#269). Shaykh al-Albaanee رحمه الله says with a Saheeh isnaad.
كنت أنا ورسول اللّه صلى الله عليه وسلم نبيتُ في الشِّعارِ الواحد وأنا حائضٌ طامثٌ، فإِن أصابه منِّي شيءٌ غسل مكانه ولم يَعْدُه،
ثم صلى فيه وإن أصاب تعني ثوبه منه شيء غسل مكانه ولم يَعْدُه، ثم صلى فيه
The Messenger صلى الله عليه و سلم and I used to pass the night together with only a single piece of cloth on me, though I was menstruating profusely. If any blood got on his body or clothing, he would wash only the spot (of blood) and pray in the garment.

[9] Reported from ‘Aaishah رضي الله عنها in Saheeh Muslim, Kitaab al-Hayd (#300).
كنت أشرب وأنا حائض. ثم أناوله النبي صلى الله عليه وسلم. فيضع فاه على موضع في. فيشرب. وأتعرق العرق وأنا حائض. ثم أناوله النبي صلى الله عليه وسلم. فيضع فاه على موضع في. ولم يذكر زهير: فيشرب
'Aaishah reported: I would drink when I was menstruating, then I would hand it (the vessel) to the Apostle (may peace be upon him) and he would put his mouth where mine had been, and drink, and I would eat flesh from a bone when I was menstruating, then hand it over to the Apostle (may peace be upon him) and he would put his mouth where mine had been. Zuhair made no mention of (the Holy Prophet's) drinking.‏