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Wednesday, April 2, 2014

Fiqh, - Q & A on menstruation and post-partum bleeding –II



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Question:A woman had blood beginning to flow )i.e., her menses( while she was in the Mosque of the Prophet. She stayed in the mosque for a short while, until her husband had finished his prayer, so that she could leave with him. Did she commit a sin?
Q & A on menstruation and post-partum bleeding –I
Response:If she was not able to depart from the mosque by herself, then there is no harm in what she did. However, if she was able to leave by herself, then it was obligatory upon her to exit as quickly as possible. This is because the menstruating woman, the woman who has post-partum bleeding and a sexually defiled person are not allowed to sit in the mosques. This is based on Allaah's statement which forbids certain categories of people from approaching the places of prayer, one of which is )what means(:"…Nor while sexually defiled, except when travelling on a road…"]Quran 4: 43[)1(
It is also narrated from the Prophetthat he said:"Ido not permit the menstruating woman or the sexually defiled person to enter the mosque."]Abu Daawood[
Shaykh Ibn Baaz
Footnotes
1. Note that the verse is in reference only to those who are sexually defiled. Obviously, the differences between a menstruating woman and a sexually defiled person are very great. Hence, one cannot make an analogy between the two. Furthermore, there is also a difference of opinion concerning whether this verse implies anyone who becomes sexually defiled or only the travellers who become sexually defiled.
Question:Is it allowed for a menstruating woman to read a book of supplications on the Day of 'Arafah )i.e., the ninth of Thul-Hijjah(, given the fact that the book contains Quranic verses?
Response:There is no harm in a menstruating or post-partum bleeding woman reading the books of supplications that are written for the rites of the pilgrimage. In fact, there is nothing wrong with her even reciting the Quran, according to the correct opinion, as there is no authentic, clear text prohibiting a menstruating or post-partum bleeding woman from reciting the Quran. The narration that we do have is concerned with the sexually defiled person only, which confirms that such a person should not recite the Quran while he/she is sexually defiled, and this was narrated by 'Ali. As for the menstruating or post-partum bleeding woman, there is the Hadeeth that was narrated by Ibn 'Umarwhich states: "Neither the menstruating woman nor the sexually defiled person is to recite anything from the Quran." ]Abu Daawood, At-Tirmithi & Others[
However, this is weak. This is because it is from the narrations of Ismaa'eel Ibn 'Ayyaash on the authority of people from the Hijaaz )westernArabia(, and he is weak when he narrates from them. However, the menstruating or post-partum bleeding woman may recite from her memory without touching the Quran. As for the sexually defiled person, he/she may not even recite the Quran from memory or touch the Mus-haf )a copy of the Quran( until he/she makes Ghusl )ritual bathing(. The difference between the two is that the amount of time one is sexually defiled for is very short, as he may make Ghusl as soon as he has done the act with his spouse. The amount of time is not long, and he is in control of its duration as he may make Ghusl whenever he wishes. Even if he cannot find water, he can make Tayammum )dry ablution using soil( and can then pray or recite the Quran. However, the menstruating or post-partum bleeding woman does not have control over its duration, such control is in the hand of Allaah. Menstruation and post-partum bleeding last for days. Therefore, it is allowed for them to recite the Quran so that they do not forget what they have memorised and so that they will not lose the merits of reciting it. They may also learn the laws of the Sharee'ah )Islamic Law( from the Book of Allaah. Therefore, it follows that it is certainly permissible for her to read the books of supplications that have verses and Hadeeth intermixed within them. This is the correct opinion of the scholarson that point.
Shaykh Ibn Baaz
Question:Some women have miscarriages - sometimes the foetus comes out fully formed while at others it is only partially formed. I would like you to make clear the ruling for prayer in both of those situations.
Response:If a woman has a miscarriage and the foetus has distinctly human features, such as a head, limbs and so forth, then her bleeding is post-natal bleeding. She should, therefore, follow the rulings of one who has post-natal bleeding. She should not pray or fast and her husband cannot have sexual intercourse with her until the bleeding stops, or she completes forty days. If the bleeding stops before the fortieth day, she must make Ghusl, pray, and fast if it is Ramadan, and her husband may have sexual intercourse with her )if she is not fasting and it is not Ramadan(.
There is no minimum length of time for post-natal bleeding. The bleeding could stop after ten days, more or less, and she must then make Ghusl, and all the laws of a ritually pure person will then apply to her. If she sees any blood after the fortieth day, it is considered bleeding from illness. She would then fast and pray with that bleeding and it is permissible for her husband to have sexual intercourse with her. She must make ablution for the time of every prayer, like for the Mustahaadhah,)1(as the Prophettold Faatimah bint Abu Hubaysh: "Make ablution for )the time of( every prayer.")2(
If the blood that flows from her after the forty-day period coincides with the time of her menses, then it takes on the ruling of menses. It is forbidden for her to pray or fast until she becomes pure. It is also forbidden for her husband to have intercourse with her.
However, if the miscarried foetus does not resemble a human being, such as when it is simply a smooth lump of flesh or clot of blood, then she takes the ruling of Istihaadhah and not that of post-partum bleeding. She should pray, fast during Ramadan and may have intercourse with her husband. She should make ablution for every prayer while keeping herself clean from the blood by using a panty liner or something similar, as she would for the Mustahaadhah, until the bleeding stops.
She may also combine the Thuhr )noon( and 'Asr )afternoon( prayers together and the Maghrib )sunset( and 'Ishaa' )night( prayers. She may also make a Ghusl for the combined prayers and a separate Ghusl for the Fajr prayer, based on the confirmed Hadeeth of Hamnah bint Jahsh. This is because she is to be treated as a Mustahaadhah, according to the people of knowledge.
Shaykh Ibn Baaz
Footnotes
1. The Mustahaaadhah is the woman with Istihaadhah. Istihaadhah is either a prolonged flow of blood )called menorrhagia in English( or bleeding outside of the menses )called metrorrhagia in English(. Many hospitals and medical clinics in theUnited Stateshave pamphlets stating what women should do in such cases. In some cases, especially when the bleeding is prolonged, it may be symptoms of some other disorder.
2. This translator was not able to find this Hadeeth with this exact wording. The authentic narrations in Al-Bukhaari and Muslim simply state that she is to make ablution for every prayer.








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Fiqh, - Q & A on menstruation and post-partum bleeding –I



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Question:There are pills that prevent menses or delay their occurrence. Is it allowed for a woman to use such pills during the time of Hajj )pilgrimage to Makkah( only out of fear of her menses arriving?
Response:It is allowed for a woman to use pills that prevent her menses during the time of Hajj out of fear that her menses may come. But this should only be done after she has consulted with a )health( specialist who can ensure that her health will be fine. Similarly, she may do the same during Ramadan if she desires to fast with the people.)1(
The Standing Committee
Footnotes
)1( There seems to be no need for women to go to such lengths. This could probably be considered a kind of overzealousness. There is no real certainty as to the health risks of such pills as well as birth control pills. Furthermore, the menses are a natural matter that Allaah has ordained for women and there is no need to flee from them. Hence, it must be considered best for women to abstain from such pills since there is no necessity for them and they )women( cannot be certain of their side effects. Allaah knows best
Discontinuation of bleeding during menses
Question:Sometimes, during my menses, I have blood for four days and then the bleeding stops for three days. Then, on the seventh day the bleeding returns, but with less intensity. Then, the bleeding turns to a brown colour until the twelfth day. I hope you will guide me to what is correct in this matter.
Response:The days that you mentioned, the four and the six day periods )i.e., the first to the fourth day, and then the seventh to twelfth day(, are days of menstruation. You should not pray or fast during those days. It is not allowed for your husband to have sexual intercourse with you during those days either. You should make Ghusl )ritual bathing( after the first four days and then pray, and your husband may have intercourse with you during the period between the fourth and the sixth days. Also, there is no prohibition upon your fasting during these days.
If that occurs during Ramadan, it is obligatory upon you to fast on the days that you are not on your menses. When you become pure after the second six days )i.e., the seventh to twelfth days(, you must make Ghusl, pray and fast like any other time of purity. This is because the monthly menses can increase or decrease. Its days are sometimes together and sometimes separated. May Allaah guide us all to what pleases Him. May He provide us, you and all the Muslims with understanding and steadfastness in the religion.
Shaykh Ibn Baaz
Footnotes
)1(In response to this question, the Shaykh has basically given the Hanbali view of the question. There are some other views which may be more significant that state the entire period is that of menstruation )i.e., the full 12 days in this case(. Allaah knows best
Drops of blood after making Ghusl
Question:I notice that sometimes after making the Ghusl that follows my monthly menses, after having had my period for the normal five days, I have a very small number of drops )of blood( emerging. This occurs immediately after I make Ghusl. After that, nothing else emerges. I do not know what to do. Should I follow my normal five-day period and simply ignore what occurs after that and continue to pray and fast? Or should I consider that day also as part of my period and not pray or fast during it? Note that such a thing does not always occur to me, but only occurs every two or three monthly cycles. I hope you will benefit me on this matter.
Response:If what emerges after your washing is either yellow or brown, then it is not to be taken into consideration )as menses( and it takes the same ruling as urine.)1(
However, if it is clearly blood, it will then be considered part of the menses and you must repeat the Ghusl due to what is confirmed from Umm 'Atiyyahwho was a female companion of the Messenger of Allaahwho stated: "We would not consider yellowish or brownish discharge as anything)2(after we had been purified ]from menses[.")3(
Shaykh Ibn Baaz
Footnotes
1. Meaning, it must be washed off the clothing and the person must make ablution from such a discharge.
2. That is: "We would not consider it as menses."
3. Recorded by Al-Bukhaari
If a woman ends her menses before sunset, she must perform the Thuhr and 'Asr Prayers
Question:When a menstruating woman becomes pure before sunrise, is it obligatory upon her to perform the Maghrib and 'Ishaa' prayers? Similarly, if she becomes pure before sunset, is it obligatory upon her to perform the Thuhr and 'Asr prayers?
Response:If a menstruating or post-partum bleeding woman becomes pure before sunset, it is obligatory upon her to perform both the Thuhr and 'Asr prayers, according to the strongest opinion among the scholars. Similar is the case if she becomes pure before dawn. In that case, she must perform the Maghrib and 'Ishaa' prayers. This has been narrated from Abdur-Rahmaan Ibn 'Awf and 'Abdullaah Ibn 'Abbaas. This is the opinion of the majority of the scholars. Similarly, if a menstruating or post-partum bleeding woman becomes pure before sunrise, it is obligatory upon her to perform the Fajr )dawn( prayer. And from Allaah is guidance.
Shaykh Ibn Baaz
The menstruating woman keeping herself clean from urine
Question:When I am menstruating, I do not clean myself of urine with water because I fear that the water may harm me. What is the ruling concerning that?
Response:It suffices, in place of water, to clean yourself with clean tissue paper or any other pure solid object that will remove the impure substance, such as a large stone, a piece of wood, or similar objects. This wiping should be done three times or more, until the impure substance is removed. This ruling is not just for you or anyone in a case like yours; rather, it is for all Muslim men and women under all circumstances. This is based on what has been confirmed from 'Aa'ishahthat the Prophetsaid:"When one of you goes to relieve himself, he should clean himself with three stones, and that will be sufficient for him."]Ahmad & Others[
It is also confirmed from Salmaan Al-Faarisithat it was said to him: "Your Prophet teaches you everything, even how to go to the lavatory." Salmaanreplied: "Certainly! He prohibited us from facing the Qiblah )direction of the Ka'bah( while defecating or urinating, from cleaning our genitals with our right hand, from cleaning ourselves with less than three stones and from cleaning ourselves with dung or bone." ]Muslim, Abu Daawood & At-Tirmithi[








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Dought & clear, - She committed zina with a non-Muslim during the day in Ramadan a few years ago, then she regretted it. What should she do?



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- - One of my close friends committed zina during the day in Ramadan with a non-Muslim young man when she was twenty years old. Now she is twenty-nine and is very sad about what she did. She wants to know what exactly she should do so that that mistake may be forgiven.
Praise be to Allah.
Firstly:
There is no doubt that zina (fornication) is a major sin and is something that incurs the wrath and anger of Allah. If zina was committed with a non-Muslim, the sin is greater, and if that was during the day in Ramadan, that is even worse. If the person who committed the sin does not repent sincerely from the bottom of his heart, then his loss is complete.
Allah, may He be exalted, says (interpretation of the meaning):
“And those who invoke not any other ilah (god) along with Allah, nor kill such life as Allah has forbidden, except for just cause, nor commit illegal sexual intercourse and whoever does this shall receive the punishment.
The torment will be doubled to him on the Day of Resurrection, and he will abide therein in disgrace;
Except those who repent and believe (in Islamic Monotheism), and do righteous deeds, for those, Allah will change their sins into good deeds, and Allah is Oft-Forgiving, Most Merciful.”
[Al-Furqaan 25:68-70]
“Say: O My slaves who have transgressed against themselves (by committing evil deeds and sins)! Despair not of the Mercy of Allah, verily Allah forgives all sins. Truly, He is Oft-Forgiving, Most Merciful.”
[az-Zumar 39:53].
Despite the abhorrent nature and severity of the sin and the fact that the one who committed it is exposed to the wrath and anger of Allah, the mercy of Allah precedes His wrath, so He does not hasten to punish His slave; rather He opens to him the gate of repentance and gives him time to repent. If he repents and is sincere, Allah will forgive him, no matter what his sin was.
What this young woman must do is be sincere towards Allah in her repentance, regret having committed this abhorrent action, resolve never to commit this sin again, and do a lot of righteous deeds. She should turn to her Lord, thinking positively of Him, being sincere towards Him and repenting fully to Him. Allah accepts the repentance of His slaves and grants pardon for bad deeds.
Secondly:
The one who committed zina during the day in Ramadan has to, along with repenting, make up that day’s fast and offer the severe expiation, which is to free a slave; if he cannot do that, then he must fast for two consecutive months; and if he cannot do that, he must feed sixty poor persons.
See also the answer to question no. 39734
The one who did that several years ago and has not made up the fasts that he missed also, in addition to the above, has to offer expiation for delaying the making up of that day’s fast, which is to feed one poor person; the amount to be given is half a saa‘ of the local staple food, wheat or rice and so on. That is equivalent to one and a half kilograms.
The Standing Committee was asked:
What is the ruling on one who committed zina during the day in Ramadan? That took place at the time when he was ignorant and now he is asking Allah for forgiveness.
They replied:
The questioner has to repent and must offer expiation, which is to free a slave; if he cannot do that, then he must fast for two consecutive months; if he cannot do that, then he has to feed sixty poor persons. He also has to make up the fast of that day on which he broke the fast, and he has to offer expiation for the delay in making up that day’s fast, which is one and a half kilograms of wheat.
End quote fromFataawa al-Lajnah ad-Daa’imah, 9/255
And Allah knows best.









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