Fathwa, - One or two drops of blood are not consideredmenstruation

Question
My wife did not menstruate for three months. The pregnancy test she
underwent revealed that she was not pregnant. About two weeks ago, a
drop of brownish fluid was discharged and we expected menstruation
thereafter. However, she neither menstruated nor discharged other
drops or anything else.We waited for four days and then she made Ghusl
and I had sexual intercourse with her. Is this intercourse lawful
under Sharee'ah? Are we required to make Kaffaarah (expiation)? What
should we do now?
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify
that there is none worthy of worship except Allaah, and that Muhammad
, is His Slave and Messenger.
Scholars unanimously agree that there is no limit for the maximum
period of purity (when she is not menstruating). A woman could remain
pure (not menstruating) for months, and even for years. Consequently,
yourwife is required to observe prayer and fasting. You are permitted
to have sexual intercourse with her, because she is like other
non-menstruating women.
The brownish drop of blood which was discharged is not considered
menstruation.That is because the scholars stated that the minimum
amount of blood to be considered menstruation is one gush. As-Saawi a
Maaliki scholar, said: " Ghusl becomes obligatorywhen a woman
discharges a gush of blood. As such, fasting is rendered invalid and
she is required to make up for that day. Nevertheless, in 'Iddah
(post-marriage waiting period) and verifying that the woman is not
pregnant, blood is not considered menstruation unless it continues
throughout the day or for a considerable part ofthe day. "
Consequently, one or twodrops of blood are not considered
menstruation.Your wife is required to make up for any prayers and
fasting which she abandoned for this reason. Allaah Knows best. - -
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