Thursday, July 25, 2013

-483- THE SHARH OF BULUGH AL MARAAM (SHARIAH LAW CONCERNING MENSTRUATION)



THE SHARH OF BULUGH AL MARAAM:
SHARIAH LAW CONCERNING MENSTRUATION


By Shaikh Abdullah Faisal
Edited: Muminah_29
19th January 2013


 
Book 1 Chapter 10 (Menstruation) page 61


 
HADEETH OF ASMA (HADITH 34)
 
 
34. Narrated Asma' bint Abi Bakr (RAA): The Messenger of Allah (Sallallahu alayhi wa sallam) said concerning menstrual blood, when it contaminates one's clothes, "She should scrape it, rub it with water and sprinkle water over it, and then pray in it" [Agreed upon]
 
SHARH
 
 There are 3 types of blood:
  
 1. MENSTRUATION
 
 2. ISTIHAADHA
 
This is the abnormal flow of blood outside the norm
 
 3. NIFAAS
 
This is the bleeding after childbirth
Women need to know how to deal with these topics because it affects their Ibaadah especially Salah and Fasting.
 
WHAT IS THE DEFINITION OF MENSTRUATION
 
Menstruation (Haidh) is the natural blood of women that flows from the uterus upon reaching puberty on a monthly regular basis
 
The word REGULAR is very important
 
The normal age for girls to start menses is 9 years
Before that is abnormal
At the age of 50 this stops and she reaches menopause
 
Aisha said that some women don't menstruate
According to the Hanbali madhab the minimum number of days for menses is 1 day and 1 night and the maximum is 15 days
 
But Imam Shafi'i said the minimum number of days is 1 day and 1 night
But the maximum is 10 days
So according to him after 10 days you should make ghusl perform Salah and Fast.
 
It appears that most of the scholars agree with the Shafi'i position that the maximum number of days is 10.
 
THINGS FORBIDDEN FOR A MENSTRUATING WOMAN TO DO
 
1. SALAH
 
The Holy Prophet (Sallallahu alayhi wa sallam) forbade women to make Salah during menstruation
 
Narrated By Mu'adha: A woman asked 'Aisha, "Should I offer the prayers that which I did not offer because of menses" 'Aisha said, "Are you from the Huraura' (a town in Iraq?) We were with the Prophet and used to get our periods but he never ordered us to offer them (the Prayers missed during menses)." 'Aisha perhaps said, "We did not offer them." [Sahih Bukhari, Vol 1, Book 6, Hadith 318]
 
Mu'adha said: I asked 'A'isha: What is the reason that a menstruating woman completes the fasts (that she abandons during her monthly course) but she does not complete the prayers? She (Hadrat 'A'isha) said: Are you a Haruriya? I said: I am not a Haruriya, but I simply want to inquire. She said: We passed through this (period of menstruation), and we were ordered to complete the fasts, but were not ordered to complete the prayers. [Sahih Muslim (1/265) No. 335]
 
2. FASTING
 
It is haraam for a menstruating woman to fast whether it is optional or waajib
 
3. TAWAAF
 
It is haraam for a menstruating woman to make Tawaaf and this is because Tawaaf is Salah however she is allowed to do every act of hajj except Tawaaf
 
'Aisha narrated the Messenger of Allah (Sallallahu alayhi wa sallam) entered upon me at Sarif while I was weeping (because I was afraid that I would not be able to perform the Hajj). He said, "What is wrong with you? Have you got your period?" I replied, "Yes." He said, "This is a matter Allah has decreed for all the daughters of Adam, so perform the ceremonies of the Hajj as the pilgrims do, but do not perform the Tawaf around the Ka'ba." The Messenger of Allah (Sallallahu alayhi wa sallam) slaughtered some cows as sacrifices on behalf of his wives. [Al-Bukhari (294) and Muslim (1211)]
 
Ibn Abbas (RA) reported that the Prophet (Sallallahu alayhi wa sallam) said, “The tawaf round the House is like the salah except that you converse during it (the tawaf). And, he who converses does not do so except with a good word.
[Tirmidhi (3/293) No. 960, al-Bazzar (11/127) No. 4853, Ibn Khuzaymah (4/222) No. 2739, Ibn Hibban (9/143) No. 3836, al-Haakim (1/630) No. 1687]
 
4. INTERCOURSE
 
If a man makes love to his wife while she is menstruating he has to pay 4 1/4 grams of gold equivalent to 150 US dollars
 
Ibn Abbas (RA) narrated the Prophet (Sallallahu alayhi wa sallam) said concerning one whom had intercourse with his wife when she was menstruating: “Let him give a dinar or half a dinar in charity.”
 
[Musnad Ahmad (1/229) No. 2032, Sunan Abu Dawud (2/251) No. 2168, Sunan Tirmidhi (1/244) No. 136, Sunan AnNasa'i (1/153) No. 289 and Sunan Ibn Majah (1/405) No. 640]
 
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 purified (from menses and have taken a bath). And when they have purified themselves, then go in unto them as Allāh has ordained for you (go in unto them in any manner as long as it is in their vagina). Truly, Allāh loves those who turn unto Him in repentance and loves those who purify themselves (by taking a bath and cleaning and washing thoroughly their private parts, bodies, for their prayers, etc.). (Al-Baqarah 2:222)
 
THE REASON FOR THE REVELATION OF AYAH 2:222
 
If a woman was menstruating and then she stops, it is haraam for her to make love with her husband until she performs ghusl
Even if she just did Istinja, it is haram for her to sleep with him
She needs to do ghusl and there is no need to undo her braids to perform ghusl.
The following Hadith is Hujjah that a woman does not have to undo her braids to do ghusl:
 
Narrated: Umm Salamah“I said, O Messenger of Allah! I am a woman with tight braids. Should I undo them when I take a bath to cleanse myself from the state of sexual impurity?” He said: “Rather it is sufficient for you to pour three handfuls of water over them, then pour water over yourself, and you will be purified,” or he said: “In that case you would have become purified.” [(Sahih) Sunan Ibn Majah Hadith no: 603 Found in: The Chapters on Dry Ablution]
 
 
Thabit narrated it from Anas: Among the Jews, when a woman menstruated, they did not dine with her, nor did they live with them in their houses; so the Companions of the Apostle (Sallallahu alayhi wa sallam asked The Apostle (Sallallahu alayhi wa sallam), and Allah, the Exalted revealed:" And they ask you about menstruation; say it is a pollution, so keep away from woman during menstruation" to the end (Qur'an: 2:222)
 
The Messenger of Allah (Sallallahu alayhi wa sallam) said: Do everything except intercourse. The Jews heard of that and said: This man does not want to leave anything we do without opposing us in it.
 
Usaid b. Hudair and Abbad b. Bishr came and said: Messenger of Allah, the Jews say such and such thing. We should not have, therefore, any contact with them (as the Jews do). The face of the Messenger of Allah (Sallallahu alayhi wa sallam) underwent such a change that we thought he was angry with them, but when they went out, they happened to receive a gift of milk which was sent to the Apostle of Allah (may peace be upon him). He (the Holy Prophet) called for them and gave them drink, whereby they knew that he was not angry with them. [Sahih Muslim (1/246) No. 302]
 
 
 
When the Sahabahs went to Madinah, they found the Jews treating their wives like leper when they were menstruating.
 
The Christians instead used to have intercourse with their wives in this period.
So the Sahabahs approached the Holy Prophet (Sallallahu alayhi wa sallam) regarding it and he told them to do everything with them except intercourse
 
This made the Jews upset because they said the Holy Prophet (Sallallahu alayhi wa sallam) objects to anything they do
 
5. TO PRONOUNCE TALAAQ
 
Narrated 'Abdullah bin 'Umar: that he had divorced his wife while she was menstruating during the lifetime of the Messenger of Allah (Sallallahu alayhi wa sallam).
'Umar bin alKhattab asked the Messenger of Allah (Sallallahu alayhi wa sallam) about that
The Messenger of Allah (Sallallahu alayhi wa sallam) said, "Order him (your son) to take her back and keep her till she is clean and then to wait till she gets her next period and becomes clean again, whereupon, if he wishes to keep her, he can do so, and if he wishes to divorce her he can divorce her before having sexual intercourse with her; and that is the prescribed period which Allah has fixed for the women meant to be divorced"
[Al-Bukhari (5251) and Muslim (1471)]
 
Abdullah ibn Umar pronounced divorce on his wife while she was menstruating
When the news reached the Holy Prophet (Sallallahu alayhi wa sallam) he told him to take his wife back until she is pure and it is haram to pronounce 3 talaq in one sitting
 
You are allowed to divorce a pregnant woman but not a menstruating woman and no scholar says otherwise



FATAWA: DIVORCING A WOMAN ON HER MENSES


The fuqaha’ differed as to whether the divorce of a menstruating woman counts as such or not. The majority are of the view that it does count as such, but there is a group of ‘ulama’ who say that it does not, and this is the view reflected in the fatwas of many contemporary fuqaha’ such as Shaykh Ibn Baaz (may Allaah have mercy on him) and Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him). 
Shaykh Ibn Baaz (may Allaah have mercy on him) said: Divorce of a menstruating woman does not count as such according to the more sound of the two scholarly opinions, which is contrary to the view of the majority. The majority of scholars think that it does count as such, but the correct scholarly view is that reflected in the fatwas of some of the Taabi’een and in the fatwa of Ibn ‘Umar (may Allaah be pleased with him). This is also the view favoured by Shaykh al-Islam Ibn Taymiyah and his student Ibn al-Qayyim and a number of scholars who said that this divorce does not count as such, because it is contrary to the laws of Allaah. Allaah decreed that a woman should be divorced when she is in a state of purity, free from nifaas (postpartum bleeding) and menses, and during a time of purity when her husband has not yet had intercourse with her. This is the divorce that is prescribed according to sharee’ah. If he divorces her during her menses or nifaas, or during a time of purity when he has had intercourse with her, then his divorce is bid’ah (an innovation) and does not count as such according to the more sound of the two scholarly views, because Allaah says (interpretation of the meaning): 
“O Prophet! When you divorce women, divorce them at their ‘Iddah (prescribed periods) and count (accurately) their ‘Iddah ”
[al-Talaaq 65:1] 
What this means is when they are pure (not menstruating) and you have not had intercourse with them. This is what the scholars have said about divorcing them at their prescribed periods, they should be pure (not menstruating) and you should not have had intercourse with them, or they should be pregnant. This is what is meant by divorce at their prescribed periods. End quote from Fataawa al-Talaaq, p. 44 
It says in Fataawa al-Lajnah al-Daa’imah (20/58): There are several kinds of innovated divorce: where a man divorces his wife during her menses or nifaas, or during a time of purity when he has had intercourse with her. The correct view is that this does not count as a divorce. End quote. 
Based on this, if the divorce was issued at the time of her menses, it does not count and the woman is still married to her husband. 
Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) was asked about a man who divorced his wife when she was menstruating but he did not know that she was menstruating – does this divorce count as such? 
He replied: 
The scholars differed concerning a divorce that takes place when a woman has her monthly period, and there was a lengthy discussion as to whether the divorce counts or not. The majority of scholars are of the view that it does count as such and is regarded as a divorce, but the man should be told to take her back and keep her until she has become pure from her menses, then menstruated a second time and become pure. Then if he wishes he may keep her and if he wishes he may divorce her. This is the view of the majority of scholars, include the four imams: Ahmad, al-Shaafa’i, Maalik and Abu Haneefah. But the more correct view in our opinion is that favoured by Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him), that divorce at the time of menses does not count as such, because it goes against the command of Allaah and His Messenger. The Prophet (peace and blessings of Allaah be upon him) said: “Whoever does any action that is not in accordance with this matter of ours will have it rejected.” The evidence concerning this very issue is the hadeeth of ‘Abd-Allaah ibn ‘Umar, when he divorced his wife at the time of her menses. He told the Prophet (peace and blessings of Allaah be upon him) about that and the Messenger of Allaah(peace and blessings of Allaah be upon him) got very angry and said: “Tell him to take her back, then keep her until she has become pure, then menstruated, then become pure, then if he wishes he may keep her after that and if he wishes he may divorce her.” Then the Prophet (peace and blessings of Allaah be upon him) said: “That is the prescribed period at which Allaah has commanded men to divorce women.” The prescribed period at which Allaah has commanded men to divorce women means that a man may only divorce his wife when she is pure (not menstruating) and he has not had intercourse with her. Based on this, if he divorces her when she is menstruating, he has not divorced her in accordance with the command of Allaah, so it is to be rejected. We think that the divorce that has been issued to this woman does not count as such, and that the woman is still married to her husband. It does not matter whether the husband knew that she was menstruating or not menstruating when he issued the divorce. Yes, his knowledge of her condition does not matter, but if he knew about that then he has committed a sin, and the divorce does not count. If he did not know, then the divorce still does not count, but there is no sin on the husband. End quote.  Fataawa Islamiyyah, 3/268.


 
 THE 12 THINGS THAT ARE HALAAL FOR A MENSTRUATING WOMAN TO DO
 
1. KISSING
 
The Holy Prophet (saw) used to kiss Aisha while she was on her menses
 
Anas relates that the Jewish men used to avoid eating together with their women while the women were in their menses, so the Prophet (Sallallahu alayhi wa sallam) said: "Engage in everything except intercourse."
 [This is an authentic hadîth related in Sahîh Muslim (302) and other sources]
 
2. COOKING FOR HER HUSBAND
 
Because the menses is not in her hands
 
3. TO MAKE DUA
 
4. TO DO DHIKR
 
5. TO RECITE THE QUR'AN OR TO READ IT
 
So she can read it from the Arabic text or recite from memory
 
Ibrahim an-Nakha'ee said, "There is no harm in menstruating woman reciting a Qur'anic verse"
[Fath al-Bari (1/408)
 
6. TO TOUCH THE QUR'AN
 
Even though the majority of the scholars are against this.
 
But they have been refuted
According to Usul ul Fiqh everything is halaal until proven haraam
 
So for you to tell her it is haraam to touch the Qur'an, you have to bring her credible evidence to convince her
They brought evidence from Abu Dawood but there is somebody in this sanad who is unknown
 
The hadeeth of Ibn 'Umar (may Allaah be pleased with them both), according to which the Prophet (Sallallahu alayhi wa sallam) said: "The menstruating woman and the one who is in a state of impurity (janaabah) should not recite anything of the Qur'aan" [(Reported by al-Tirmidhi, 131; Ibn Maajah, 595; al-Daaraqutni (1/117); al-Bayhaqi, 1/89]
 
[This is a da'eef hadeeth, because it was reported by Ismaa'eel ibn 'Ayyaash from the Hijaazis, and his reports from them are da'eef as is well known to those who are conversant with the study of hadeeth]
 
[Shaykh al-Islam Ibn Taymiyah said (21/460): it is a da'eef hadeeth by the unanimous agreement of the scholars of hadeeth. See Nasb al-Raayah, 1/195; alTalkhees alHabeer, 1/183)]
 
As for the letter of the Holy Prophet (saw) which he sent to Yemen in he which said no one should touch the Qur’an except for those who are pure it is a well known fact that a lot of Jews and Christians were living in Yemen at that time so the Holy Prophet (saw) meant that only the believers should touch the Qur’an
 
But those who claim that it is haraam for a menstruating woman to touch the Quran they bring the following Qur’anic verse to support their stance.
 
Which (that Book with Allāh) none can touch but the purified (i.e. the angels).
(Al-Waqi'ah 56:79)
 
This ayah is talking about the angels
The cause of revelation for this ayah isthe pagans of Quraish said the devils were teaching the Holy Prophet (Sallallahu alayhi wa sallam) the Qur'an
So Allah revealed this ayah to tell them only the pure (angels) touch the Qur'an.
 
Those who quote Surah Waqi’ah vs 79 as their evidence to make it haraam for menstruating women to touch the Qur’an have taken the ayah out of context, because the ayah is speaking of the angles and NOT menstruating women.
 
The Holy Prophet (Sallallahu alayhi wa sallam) told Aisha to bring a mat from the masjid and she said she is on her period
Then the Holy Prophet (Sallallahu alayhi wa sallam) told her that her menses is not on her hands
So the scholars used this to say she can touch the Qur'an because she won't soil it
 
 
In Sahih Muslim the Hadith about when Aisha (RA) was sent, by The Prophet (Sallallahu alayhi wa sallam), to go into the Masjid to get a mat. The Prophet (Sallallahu alayhi wa sallam) said to Aisha (RA), "Menstruation is not in your hands."
 
A woman's touch cannot be considered impure even while on menses
 
Another evidence is that the Rasool (Sallallahu alayhi wa sallam) sent a letter to the Emperor of Rome with Quranic verses knowing that he is a kaafir and will touch it.
 
So if the kaafir was allowed to handle a letter of the Holy Prophet (saw) containing Quranic verses, then how can menstruating Muslim girls be prohibited from touching the Qur’an?
 
It is quite obvious that a kaafir is more najis than a menstruating Muslim woman. Moreover the Holy Prophet (saw) told Abu Hurayrah that a Muslim never becomes najis
 
It was narrated that Abu Hurayra said: “I was met by the Messenger of Allah (Sallallahu alayhi wa sallam) and I was junub. He took my hand and I walked with him until he sat down. Then I slipped away and washed myself (ghusl), then I came to where he was sitting. He said, 'Where were you, O Abu [Hurayra]?' I told him, and he said, 'SubhanAllah, O Abu [Hurayra], the believer does not become impure.”
[Al-Bukhari (285) and Muslim (371)]
 
 
 
Narrated By Ibn Abbas: Abu Sufyan narrated... Heraclius asked for the letter of Allah's Apostle and read it wherein was written:
 
"In the Name of Allah, the Most Beneficent, and the Most Merciful This letter is) from Muhammad, Apostle of Allah, to Heraclius, the sovereign of Byzantine... Peace be upon him who follows the Right Path. Now then, I call you to embrace Islam. Embrace Islam and you will be saved (from Allah's Punishment); embrace Islam and Allah will give you a double reward, but if you reject this, you will be responsible for the sins of all the people of your kingdom (Allah's Statement):
 
"O the people of the Scripture (Jews and Christians)! Come to a word common to you and us that we worship None but Allah... bear witness that we are Muslims.' (Al-Imran 3:64)
[Al-Bukhari (2941) and Muslim (1773)]
 
 
As for the hadith they brought to checkmate us
We refute them by refuting their understanding of the hadith
The Holy Prophet (Sallallahu alayhi wa sallam) meant don't let the kuffaar in Yemen touch the Qur'an because Yemen was infested with kuffaar
 
This is the proper understanding of the hadith
Not that it means menstruating women cannot touch the Qur'an
 
7. TO SIT IN A MASJID AND LISTEN TO A KHUTBAH
 
Many women teach Qur'an or are students of knowledge
 
They use a hadith to checkmate us
 
But in this hadith the Holy Prophet (Sallallahu alayhi wa sallam) only stopped her from Tawaaf
 
They also bring the hadith where the Holy Prophet (Sallallahu alayhi wa sallam) said that menstruating women should avoid the musalla
We refute them by saying the Holy Prophet (Sallallahu alayhi wa sallam) meant Salah
 
As for the hadîth related by Abû Dâwûd (232):
 
“I do not permit a woman in her menses or a person in a state of major ritual impurity into the mosque” It is a weak hadîth. Its line of transmission contains a narrator who is unknown.
 
Dawood Ath-Thaahiree allows menstruating women to enter the masjid
 
Also Mazani of the Shafi'i madhab
 
The hadith of Thumaama:
 
Narrated Abu Huraira: The Prophet sent some horsemen to Najd and they brought a man called Thumama bin Uthal from Bani Hanifa. They fastened him to one of the pillars of the masjid. The Prophet came and ordered them to release him. He went to a (garden of) date palms near the mosque, took a bath and entered the, masjid again and said, "None has the right to be worshipped but Allah and Muhammad is His Messenger (i.e. he embraced Islam). [Sahih Bukhari (1/101) No. 469]
 
We use this hadith to say if a kaafir was tied up in the masjid, this means a menstruating woman can enter the masjid.
So the correct evidence is that she can enter the masjid because those who say otherwise have not brought us any evidence.
 
They used Qiyaas to say a man in a state of janabah can't enter the masjid
But the scholars said that this Qiyaas is incorrect because the one in janabah can make ghusl and enter the masjid
While the menstruating woman cannot until Allah makes her menses stop
 
When Dr. Bilal Philips wrote in his book and said a menstruating girl can touch the Qur'an
He dropped a bomb in the masjid
But he is correct
 
8. TO DIVORCE HER HUSBAND WITH KHULA
 
The scholars will tell you talaq in menses is baatil but not khula
Khula means she is divorcing you and returning the dowry and the Shariah council pronounces the khula
 
TALAQ is when the husband pronounces divorce on his wife because he doesn’t want to be with her anymore.


FASKH is an annulment done by shari’ah court due to the evil character of the husband.  For example, if the husband is an alcoholic or drug addict or he refused to pray.  In both cases (talaq and faskh) the wife keeps the dowry.


The iddah is 3 menses while the iddah for khula is one menstruation.
Please bear in mind with Khula the woman has to return the dowry but with talaq or faskh she keeps the dowry.
It is more appropriate for women living with evil husbands to divorce by way of FASKH (annulment) and not khula because with faskh she is allowed to keep the dowry.
 
9. TO DO SAI
 
This is to run between the hills of Safa and Marwa. Menstruating women are allowed to do Sai whether it is in Hajj or Umrah because a menstruating woman is allowed to do all the rituals except Tawaaf
 
10. TO STAND ON MOUNT ARAFAT ON HAJJ
 
To make dua and listen to the khutba
So if she is allowed to stand on holy mount of Arafat,
Who told you a menstruating girl cannot enter the masjid
Indeed if she is allowed to stand on that mountain then she can enter the masjid
 
11) TO DO SAJDAT AT- TILAAWAH
 
Sajdat at-Tilaawah is the sajdah we perform when we hear an ayah that contains a sajdah. Menstruating women are allowed to perform this sajdah because it does not require wudu.
 
HOW TO PERFORM SAJDAT AT- TILAAWAH
 
Make niyyah that one is performing Sajdah Tilaawah
 
Recite the Takbir and commence the Sajdah from a standing position without raising the hands.
 
Perform a single Sajdah
 
While in Sajdah, recite the Tasbeehaat
 
Upon the completion of the Sajdah, raise the head from Sajdah while saying the Takbir.
 
There is no Salam after the completion of Sajdah Tilaawah.
 
12) SAJDAH ASH-SHUKR
 
Sajda ash -Shukr is performed when a person is blessed with a Barakah from Allah or someone brought him good news.
 
Make niyyah that one is performing Sajdah ash –Shukr
 
Recite the Takbir and commence the Sajdah from a standing position without raising the hands.
 
Perform a single Sajdah
 
While in Sajdah, recite Subhanna Rabbi al Ala
 
Upon the completion of the Sajdah, raise the head from Sajdah while saying the Takbir.
 
There is no Salam after the completion of Sajdah Ash -Shukr
 
Menstruating women are allowed to perform this sajdah because it does not require wudu.
Abu Bakr performed Sajda Ash-Shukr when he got the news that the false prophet Musailamah was killed.
 
 
ISTIHAADHA
 
The definition is a prolonged abnormal vaginal bleeding other than menses or post delivery bleeding
Whenever a woman has continuous flow of blood it is called Istihaadha
So what should she do?
 
Umm Salama, the wife of the Prophet (Sallallahu alayhi wa sallam), that a certain woman in the time of the Messenger of Allah (Sallallahu alayhi wa sallam) used to bleed profusely, so Umm Salama consulted the Messenger of Allah (Sallallahu alayhi wa sallam) for her, and he said, "She should calculate the number of nights and days a month that she used to menstruate before it started happening, and she should leave off from prayer for that much of the month. When she has completed that she should do ghusl, bind her private parts with a cloth, and then pray."
 
[Muwatta Malik (1/68) No. 172, Musnad Ahmad (6/293) No. 26553, Sunan Abu Dawud (1/71) No. 274, Sunan ad-Darime (1/221) No. 780, Sunan Ibn Majah (1/393) No. 623]
 
She should go along with her normal cycle
 
So every woman should know her normal cycle.
When it starts, ends and for how long.
 
If a woman doesn’t know her cycle then it is gross negligence and she is not seen as pious because menses stops her from acts of Ibadah like Salah and Fasting.
Due to the above mentioned Hadith about Istihaadha the Fuqahaa say if a woman is having a prolonged abnormal bleeding she should go along with her normal cycle.
She must calculate the number of days she used to bleed for during her cycle and abstain from ibaadah for those numbers of days only
 
 
Narrated 'A'ishah (RA): Fatimah bint Abi Hubaish came to the Messenger of Allah (Sallallahu alayhi wa sallam) and said, “I am a woman who has a prolonged flow of blood (istihadah), and I am never purified from this blood, shall I abandon prayer?'
He (Sallallahu alayhi wa sallam) replied, 'No, that is only a vein and not menstrual blood. If it is your menstruation, then leave the prayer, and if it is other than that then wash yourself from the blood, and pray”
[Al-Bukhari (228) and Muslim (333)]
 
SO WHAT IF SHE DOES NOT KNOW HER CYCLE?
 
There are some women who do not know their normal cycle because their menses is irregular due to certain factors.
 
So how do these women determine if the blood is menses or normal blood?
The answer to this question is:
She needs to study the colour and odour of the blood
The menstrual blood is dark, thick carries a foul smell and it may clot. If these 4 things are found then the woman should consider it as menstrual blood and abstain from fasting.
 
On the other hand the Istihaadha blood is normal blood like a nosebleed therefore it is thin, reddish, and has no foul smell. So if a woman notices this blood after the foul blood finishes she should count it as Istihaadha and make ghusl and Start praying and Fast.
This is the ruling for women who do not know their cycle because they have irregular cycles.
Their only hope of knowing if it is menses or Istihaadha is to study the characteristics of the blood.
Please bear in mind the menstrual blood is dark, thick carries a foul smell and may clot. Many women have clots in their menstrual blood from time to time. The clots may be bright red or dark in color. Often, these clots are shed on the heaviest days of bleeding. The presence of multiple clots in your flow may make your menstrual blood seem thick or denser than usual.
 
After a woman’s cycle is over if she notices any discharge she should ignore such a discharge and she should continue to Pray and Fast because her normal cycle is over.
 
The following Hadith is the evidence for the above-mentioned verdict:
 
Umm 'Atiyyah (may Allaah be pleased with her) said: “We did not bother about any yellow or brownish discharge after a woman's period was over.”
(Narrated by Abu Dawood, 307. It was also narrated by al-Bukhaari, 320, but he did not mention “after a woman's period was over.”)
 
WHAT IF YOU ARE MENSTRUATING AND YOU HAVE A FLOW OF ONE DAY AND THEN IT STOPS?
 
Sometimes a menstruating woman may menstruate for one day and then it stops; she should not be in haste and assume her menstruation is over because she did not complete her normal cycle.
In order for a woman to consider herself clean from menstruation she has to complete her normal cycle and she also has to wait for the white discharge to indicate that her menses is over.
 
Some women used to show Aisha (r.a) their sanitary towels for her tell to them if they are clean from menses and can make Salah
Aisha told these women that they should look for the white discharge that indicates their menses is over and that they should not to be in a haste to assume its over
 
Aa'ishah, and she would say, “Do not hasten until you see the white discharge.” (Narrated by al-Bukhaari mu'allaqan. Kitaab al-Hayd, Baab iqbaal al-muhayd wa idbaarihi. Also by Maalik, 130).
 
The white discharge that Aisha spoke about is known to all menstruating women and it is the indicator that the menses has stopped.
This white discharge is pure but the menses is impure.
 
 
THINGS ALLOWED DURING ISTIHAADHA
 
 1. ISTINJA AND WUDU FOR EVERY SALAH
 
A woman experiencing Istihaadha has to pray because she falls into the category of women who are clean
 
2. ENTER THE MASJID
 
Narrated 'Aisha: "One of the wives of Allah's Messenger joined him in I'tikaf and she noticed blood and yellowish discharge (from her private parts) and put a dish under her when she prayed." [Sahih Bukhari (1/69) No. 310]
 
 
3. TOUCH AND READ THE QUR'AN
 
4. TO MAKE TAWAAF
 
5. TO HAVE INTERCOURSE
 
 
6. TO FAST IN RAMADAN
 
In brief she is like a woman not menstruating and everything is halaal for her.
 
 
WHAT IF THE MENSES COMES OUTSIDE ITS REGULAR CYCLE?
 
If the signs of menses accompanies it like cramps and the blood has odour, colour and thickness like menses, you have to treat it as menses even though it came outside its regular cycle.
 
WHAT IF THE WOMAN DID NOT SEE THE WHITE DISCHARGE SHE IS TO LOOK OUT FOR?
 
The answer is she has to insert a cotton wool inside her private parts to see if it has traces of blood
If blood comes out, she is still on her menses
If no blood she is pure.
 
WHAT IF SHE EXPERIENCES A BROWN OR YELLOW DISCHARGE AFTER HER PERIOD IS FINISH?
 
Umm 'Atiyyah (may Allaah be pleased with her) said: “We did not bother about any yellow or brownish discharge after a woman's period was over.”
(Narrated by Abu Dawood, 307. It was also narrated by al-Bukhaari, 320, but he did not mention “after a woman's period was over.”)
 
In the time of the Holy Prophet (Sallallahu alayhi wa sallam) women experienced this but they did not consider it as menses and so you have to pray if it happens after your menses is over.
 
 
QUESTION 1:
Can we touch mushaf without wudu?
 
ANSWER 1:
 
You only need wudu to make Salah
A woman does not need to cover her head to read Quran
If she is home she can pray with her feet uncovered
She should cover her feet in front of non-mahram
Her feet can turn on a man
 
QUESTION 2:
Shaikh you mentioned that a woman who doesn't know her cycle and bleeds profusely, example, I have always had a heavy flow and inconsistent since I started my cycle.
 
I have kids and my cycle has become worse and each month again is still worse some months I am heavy throughout for 10-15 days, some months, it is low and i can go for 8 -10 days. How would you describe my situation?
 
ANSWER 2:
 
According to Ahmad ibn Hanbal a woman can menstruate for 15 days but according to Imam Shaffi’ a woman can only menstruate for 10 days. It appears that the majority of scholars go along with Imam Shaff’i.
Some women have irregular periods due to certain factors
The only hope for women with irregular period is to study the characteristics of the blood.
Menstrual blood is distinct.
It is dark red, thick and has a foul smell but the regular blood is thin like a nosebleed and does not have a foul smell.
After bleeding for sometime if you notice a change in the characteristics of the blood you have to consider the blood as Istihaadha if it has the same characteristics of a nosebleed.
Some female Sahabahs had the same problems that you encounter during the lifetime of the Holy Prophet (saw)
 
Hamnah bint Jahsh, "I had a very strong prolonged flow of blood. I went to the Prophet to ask him about it. When I asked him if I had to stop praying and fasting, he said 'Tie around a cloth, and it will stop.' I said, 'It is greater than that.' He said, 'Curb it.' I said, 'It flows greatly.' He then said, 'You may do one of two things: either one will suffice. Which one you are able to do you know best. This is a strike from Satan. Be on your period for six or seven days, which Allah knows, and then perform ghusl until you see that you are clean. Pray for fourteen nights or thirteen nights and days and fast, and that will be sufficient for you. Do that every month as the other women become pure and menstruate. If you can, you may delay the noon prayer and hasten the afternoon prayer. Perform ghusl and pray the noon and afternoon prayers together. Then delay the sunset and hasten the night prayers and pray them together. Perform ghusl for the morning prayer and pray it. This is how you may pray and fast if you have the ability to do so." And he said, "That is the more loved way to me."
[Musnad Ahmad (27188), Sunan Abu Dawud (287), Sunan Ibn Majah (627), Sunan Tirmidhi (128)]
 
 
Narrated 'A'ishah (RA): Fatimah bint Abi Hubaish came to the Messenger of Allah (Sallallahu alayhi wa sallam) and said, “I am a woman who has a prolonged flow of blood (istihadah), and I am never purified from this blood, shall I abandon prayer?' He (Sallallahu alayhi wa sallam) replied, 'No, that is only a vein and not menstrual blood. If it is your menstruation, then leave the prayer, and if it is other than that then wash yourself from the blood, and pray.”
[Al-Bukhari (228) and Muslim (333)]
 
Umm Salama, the wife of the Prophet (Sallallahu alayhi wa sallam), that a certain woman in the time of the Messenger of Allah (Sallallahu alayhi wa sallam) used to bleed profusely, so Umm Salama consulted the Messenger of Allah (Sallallahu alayhi wa sallam) for her, and he said, "She should calculate the number of nights and days a month that she used to menstruate before it started happening, and she should leave off from prayer for that much of the month. When she has completed that she should do ghusl, bind her private parts with a cloth, and then pray."
[Muwatta Malik (1/68) No. 172, Musnad Ahmad (6/293) No. 26553, Sunan Abu Dawud (1/71) No. 274, Sunan ad-Darime (1/221) No. 780, Sunan Ibn Majah (1/393) No. 623]
 
QUESTION 3:
 
What is the waiting period that one that bore child needs to wait to be clean for salah or engage in sexual relations? Is it the full forty days or as soon as the bleeding stops?
 
ANSWER 3:
 
According to the 4 madhabs it is when the bleeding stops, not after 40 days
Make ghusl whenever the bleeding stops and pray
It is haram to perform talaq in nifaas
But khula is halal.
Nifaas has the same ruling as menstruation
 
QUESTION 4:
 
If women are allowed to enter the masjid and read the Holy Quran, then why can't they fast during the month of Ramadan when they're menstruating?
 
ANSWER 4:
 
This is out of Rahma for the women because she is suffering cramps. Therefore for her to fast she will be suffering double pain, the pain of hunger and the pain of cramps.
This hardship will cause millions of women to apostate.
Moreover Allah said He wants ease and comfort for us in regards to the Deen and not hardship. 
 
Allah intends for you ease, and He does not want to make things difficult for you.(Al Baqarah 2:185)
 
Fasting while on menses is Bid’ah and anyone who does this is guilty of making up his own religion
 
It was narrated from Muadhah Al-Adawiyyah that a woman asked 'Aishah: "Should a menstruating woman make up the prayers when she becomes pure?" she said: "Are you a Haruria (khawaarij)? We used to menstruate at the time of the Messenger of Allah then we would become pure. He told us to make up the fast, but he did not tell us to make up the prayers." (Sahih) Sunan an-Nasa'i Vol. 3, Book 22, Hadith 2320
 
The above-mentioned hadith is clear evidence that it is haraam for a woman to Pray and Fast while on menses.
However she makes up the Fast but NOT the Salah she misses.
 
Please bear in mind that the Fuqahaa allow Muslim women to take pills to suspend menses in order to Fast the whole of Ramadan UNITERRUPTED and also to make Hajj.
 
 
QUESTION 5:
 
Since we can make wudu for protection, and there is a hadith that says the person is protected while in the state of wudu, can a sister in menstruation make wudu without praying?
 
ANSWER 5:
 
The scholars of Islam differ on this issue “can a menstruating woman make wudu”.
Thoose Fuqahaa who say a menstruating woman can make wudu use the  following hadith of Abu Salamah as their Hujjah:
 
Upon the authority of Abu Salamah who said: “I asked Aaisha -Radhiyallahu anhaa Did the Prophet Sallallahu alaihi was Salam sleep while Junub? She said: “Yes! and he would make Wudhu“(Collected by Bukhaari (282)).
 
Their argument is that the Holy Prophet (saw) made wudu and slept in a state of janabah (post sexual impurity) then a menstruating woman is allowed to do the same.
This Qiyaas is wrong because a person who is in a state of janabah can become pure by making ghusl while a menstruating woman cannot become pure by making ghusl unless her menstruation stops.
 
The scholars of Islam discussed the matter in regards to menstruating women making wudu and Imam Shaff’i and Imam An- Nawwawi disallowed it. 
 
Al Haafidh ibn Hajr mentions the statement of Ibn Daqeeq al eid -Rahimahullah who said 
“Ash Shaafi’ee has stated that this is not for the menstruating woman (i.e. to make wudhu before sleep), because if she were to make ghusl it would not remove her state of impurity, while that is not the case with one who is junub, but if her flow of blood ceases, then that is permissable for her“ (Fath ul Baari 1/395)
 
 
Imaam An-Nawwawi has a similar statement in his explanation of Sahih Muslim he states
“Our companions (i.e. the scholars of the Shaafi’ee madhab) are united upon the fact that it is not desirable for the woman in a state of menses or post-natal bleeding to make wudhu (i.e. before sleep) because wudhu will have no effect upon her state of impurity, but if her menses ends then she becomes like the one who is Junub, Wallahu a’lam“ Sharh Sahih Muslim 3/218
 
Therefore based upon the above-mentioned Fataawa of the classical scholars there is no wudu for a menstruating woman but if her menses stops she can do wudu and go to bed.
However she should make ghusl and Pray Fajr upon waking up.
Please bear in mind it is NOT permissible for a menstruating woman whose menses has STOPPED to make love with her husband until she makes ghusl.