Menstruation and Post-Natal bleeding, - Dought& clear, - * When is the bleeding following an abortion regarded as nifaas?

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M NajimudeeN - INDIA
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Someon has just had an abortion, is it permissioble for her to fast or does she have to wait a certain period of time?.
Praise be to Allaah.
It is not permissible for a woman who is bleeding following childbirth to fast, and her fast is not valid. She has to make up the days that she missed because of nifaas (post-partum bleeding).
Nifaas is the blood passed by a woman because of childbirth.
But if a woman miscarries (or has an abortion), the blood that she passes is not considered to be nifaas unless the foetus had human features.
Human features do not appear in the foetus before eighty days of pregnancy, because the Prophet (peace and blessings of Allaah be upon him) said: “The creation of any one of you is put together in his mother’s womb for forty days, then he becomes a ‘alaqah(a piece of thick coagulated blood) for a similar period, then he becomes like a chewed piece of flesh for a similar period, then Allaah sends an angel who is enjoined to write down four things, and it is said to him: ‘Write down his deeds, his provision, his lifespan and whether he is doomed for Hell or destined for Paradise. Then the soul is breathed into him.” Narrated by al-Bukhaari, 3208.
This hadeeth indicates that a human being goes through a number of stages during pregnancy.
For forty days he is anutfah(mixed drops of male and female sexual discharge, for the next forty days he is a‘alaqah(a piece of thick coagulated blood), then for forty days he is amudghah(a lump of chewed flesh), then the soul is breathed into him after one hundred and twenty days have passed.
Human features begin to appear at themudghahstage, not before that, because Allaah says (interpretation of the meaning):
“O mankind! If you are in doubt about the Resurrection, then verily, We have created you (i.e. Adam) from dust, then from a Nutfah (mixed drops of male and female sexual discharge, i.e. the offspring of Adam), then from aclot (a piece of thick coagulated blood) then from a little lump of flesh — some formed and some unformed (as in the case of miscarriage) — that We may make (it) clear to you (i.e. to show you Our Power and Ability to do what We will)”
[al-hajj 22:5]
Allaah described themudghahas being formed and unformed. What is meant by formed is that there appear on the embryo traces of how the body will look, such as the head, limbs, etc.
Based on this, if this woman had an abortion, if that happened before eighty days of pregnancy, then the blood she passes is not the blood of nifaas, rather it is istihaadah (non-menstrual bleeding) which does not stop her from praying and fasting, but she has to do wudoo’ for each prayer.
If the abortion took place after the soul was breathed into the foetus – i.e., after one hundred and twenty days of pregnancy – then the blood is definitely nifaas.
If the abortion took place between eighty and one hundred and twenty days, then the embryo should be examined. If it has human features then the blood is nifaas, and if it does not then the blood is istihaadah.
Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) said in his essayal-Dima’ al-Tabee’iyyah li’l-Nisa’(The Natural Blood of Women), p. 40:
Nifaas is not established unless the embryo expelled has human features. If she expels a small embryo that has no human features then her bleeding is not nifaas, rather it is bleeding from a vein, so it comes under the same ruling as istihaadah. The earliest at which human features may appear is eighty days from the beginning of pregnancy, but it usually happens at ninety days.
The woman in nifaas has to stop praying and fasting until she becomes pure. When the bleeding stops and she becomes pure, she should do ghusl and pray and fast. If the bleeding lasts for more than forty days, if the additional bleeding coincides with her usual menstrual cycle then it is hayd (menstruation); if it does not coincide with her usual cycle then it is istihaadah, so she should do ghusl and pray and fast, and do everything that women who are taahir (pure) do. And Allaah knows best.
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Menstruation and Post-Natal bleeding, - Dought& clear, - * He cannot be patient when his wife has her period

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His wife ha a long period of menstruation up to seven days before she does ghusul. But he feels this time is too long to wait as his sexual epitite is so high, what must he do or what must she do to solve the problem?.
Praise be to Allaah.
We have already explained in question no. 36722that a man may be intimate with his wife in all ways apart from intercourse, because when the Prophet (peace and blessings of Allaah be upon him) was asked about intimacy with a menstruating woman, he said: “Do everything except intercourse.” Narrated by Muslim, 302.
The husband also has another permissible means of fulfilling his desire, which is masturbation by his wife’s hand. The evidence for that is the general meaning of the verse (interpretation of the meaning):
“And those who guard their chastity (i.e. private parts from illegal sexual acts).
Except from their wives or the (women slaves) whom their right hands possess for (then) they are not blameworthy”
[al-Ma’aarij 70:29-30] And Allaah knows best.

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Menstruation and Post-Natal bleeding, - Dought& clear, - * Menstruating women entering rooms attached to the mosque

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We have a mosque that is composed of three storeys. The highest storey is the musalla (prayer room) for the women, the storey beneath contains the original musalla, and the storey beneath that (the basement) contains washrooms, a place for Islamic magazines and books, and classrooms for the women, and an additional place for women to pray. Is it permissible for menstruating women to enter this lower level?.
Praise be to Allaah.
This depends on the intentions of the one who set up the waqf for the mosque. If he intended that the lower level should be part of the mosque, then it comes under the same ruling as a mosque, so it is not permissible for menstruating women to enter it.
If his intention was that it should not be part of the mosque and that it should rather contain washrooms etc., then this level is not considered to be part of the mosque and does not come under the same ruling as the mosque, so it is permissible for menstruating women to enter it and sit in it.
Shaykh Ibn Baaz (may Allaah have mercy on him) said:
If the building mentioned is regarded as a mosque and the people in the upper and lower levels can hear the voice of the imam, the prayer of all of them is valid, and it is not permissible for a menstruating woman to sit in the place that is prepared for prayer on the lower level, because it is part of the mosque. The Prophet (peace and blessings of Allaah be upon him) said: “I do not allow the mosque for any menstruating women or anyone who is junub (in a state of impurity following sexual activity).”
With regard to a menstruating woman passing through the mosque for some need, whilst being careful to make sure no drops of blood fall on the floor, there is nothing wrong with that, because Allaah says (interpretation of the meaning):
“nor when you are in a state of Janaaba (i.e. in a state of sexual impurity and have not yet taken a bath), except when travelling on the road (without enough water, or just passing through a mosque), till you wash your whole body”
[al-Nisa’ 4:43]
And the Prophet (peace and blessings of Allaah be upon him) commanded ‘Aa’ishah to pass him a rug from the mosque, and she said that she was menstruating. The Prophet (peace and blessings of Allaah be upon him) said, “Your menstruation is not in your hand.”
But if the lower level was not built by the one who set up the waqf for the mosque, and was intended as a storage area or a place for the things mentioned in the question, then it does not come under the rulings on mosques, so it is permissible for menstruating women and people who are junub to sit there, and it is o.k. to pray there in a clean place where there are no toilets, as is the case with any other clean place where there is nothing to prevent people from praying there. But whoever prays there cannot follow the imam who is praying above him because he cannot see him or see some of the people praying behind him, and because it is not part of the mosque according to the more sound of the two scholarly opinions.
Majmoo’ Fataawa wa Maqaalaat Mutanawwi’ahby Shaykh Ibn Baaz, 10/221
And Allaah knows best.

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