FIQH OF MENSTRUATION IN DETAIL INTRODUCTION WHY IS THE FIQH OF MENSTRUATION IMPORTANT TO LEARN AND UNDERSTAND? ,knowledge that is obligatory to 2. It is obligatory upon Muslim men and women :ﻋﻠم اﻟﺣﺎل It is .1 know once you reach a state: but has been neglected: The fuqaha—the jurists—have agreed upon the Knowledge of [the rulings] of the bloods specific to obligation of learning that knowledge which is women is obligatory upon them, and upon their necessary for one to know at that time … which is that husbands, and upon their walis, but this [knowledge of knowledge with which Allah ta’ala has charged his the bloods specific to women] has become “dust, servants with … so if somebody became mature when the morning became visible, for example, then it would dispersing” (Surat al-Waqi’a: 6) in our times, utterly be obligatory upon him to know Allah ta’ala in His abandoned. Rather it has become as though it is attributes, and knowing the words of the shahada while something unworthy of mentioning. [The people of our understanding its meaning, then if he lives to the time of time] do not separate between menstruation, post-natal dhuhr then it will be obligatory for him to know about bleeding, and dysfunctional uterine bleeding [in many ritual purity, then have knowledge regarding prayer, religious queries], nor do they differentiate between and if he lives to Ramadan then it will be obligatory for valid and invalid bloods and purities. You see the best him to have knowledge regarding fasting, and if he of them suffice themselves with the well-known fiqh acquires wealth then it will be obligatory for him to manuals [like Quduri, Kanz al-Daqa’iq, al-Wiqaya, and have knowledge regarding charity, and hajj if he is al-Mukhtar], while many cases of [those three bloods] capable and lives to the time of hajj. are missing in them. [al-Fatawa al-Tatarkhaniya] [Dhukhr al-Muta’ahhilin fi Masa’il al-Hayd] *comments of Ibn ‘Abidin are bracketed. WHAT DOES IT MEAN TO STUDY FIQH? Fiqh (jurisprudence): Knowledge of the subsidiary shar’i rulings obtained from their specific proofs. [al-Durr al-Mukhtar] UNDERSTANDING SCHOLARLY DIFFERENCES OF OPINION Narrated from Imam Waki’ b. al-Jarrah: Sh. Muhammad Awwama: “The people of knowledge write what “The saying: ’Our Madhhab is correct with supports them as well as what opposes the possibility of being wrong, while the them, while the people of desires write other madhhabs are wrong with the only what supports them.” possibility of being correct’ is widely spread within the books of fiqh.” [Sunnan al-Daraqutni] [Adab al-Ikhtilaf fi Masa’il al-’Ilm wa al-Din] PART 1, THE THREE BLOODS MENSTRUATION (HAYD) DEFINITIONS Literal Definition Legal Definition is a synonym 1. A legal state of impurity: A legal ﺣﺎض The root of the word meaning: flowing. impediment to worship that requires ,اﻟﺳﯾﻼن for purity, such as prayer, recitation of the .or “the valley Qur’an, fasting, entering the masjid, etc ,«ﺣﺎض اﻟوادي» :Such as flowed” 2. A physical impurity: Blood which flows due to the flowing of from a woman’s womb, after she ﺣﯾض It is called menstrual blood at specific times becomes mature, in habituated times [al-Bahr al-Ra’iq] [al-Bahr al-Ra’iq] BLOOD WHICH FLOWS FROM A WOMAN’S WOMB, AFTER SHE BECOMES MATURE, IN HABITUATED TIMES. EXCLUDES: said regarding istihada: “Indeed, that is [blood from] a vein and ﷺ Istihada: Narrated by ’A’isha, the Prophet .1 not menstruation.” [Sunan al-Nasa’i] 2. Bleeding from the rectum 3. Bleeding seen by an uncategorized hermaphrodite 4. Blood seen from animals (hyenas, rabbits, bats) ﷺ Blood seen by a girl below the age of 9: Muhammad b. Muqatil al-Razi said: because the Prophet .5 consummated his marriage with ’A’isha while she was 9 years old, and what is apparent is that he consummated his marriage with her after she became mature…And the majority of the scholars are upon the opinion of Muhammad b. Muqatil, because seeing blood in a girl younger than that is uncommon, and we do not make rulings on the uncommon. [al-Mabsut] 6. Blood seen before childbirth: Narrated by ‘A’isha: “Pregnant women do not menstruate.” [Sunan al-Daraqutni, Sunan al-Kubra lil-Bayhaqi] DURATION OF MENSTRUATION 3-10 Days 1-15 Days One of you will“ :ﷺ said: “The minimum of menstruation is Narrated from the Prophet ﷺ Narrated by Abu Umama, the Prophet • 3 days, and the maximum is 10 days, and what exceeds spend half of her life not praying.” that is istihada.” [Mu’jam al-Kabir lil-Tabrani, Sunan al-Daraqutni] said: “The minimum of menstruation is 3 days, and the Bayhaqi: “This hadith has been mentioned by some of our ﷺ Narrated by Wathila b. al-Asqa’, the Prophet • maximum is 10 days.” [Sunan al-Daraqutni] fuqaha, and I have searched for it abundantly, and I did said: “There is no menstruation less not find it in any of the books of hadith, and I have not ﷺ Narrated by Mu’adh b. Jabal, the Prophet • than 3 days, nor over 10 days, so whoever exceeds found any chain of narration for it.” upon that, then she is in istihada.” [al-Kamil l-Ibn ’Adi] Ibn al-Jawzi: “This hadith is unknown, and the scholars of ”.said: “The minimum of authentication have confirmed this ﷺ Narrated by Abu Sa’id al-Khudri, the Prophet • menstruation is 3, and the maximum is 10, and the minimum of what is between two menstruations is 15 Al-Nawawi: “This is an invalid hadith which is unknown, and days.” [al-’Ilal al-Mutanahiya l-Ibn al-Jawzi] what is confirmed in [Bukhari and Muslim] is ‘spend nights not praying.’” ,said: “Menstruation is three days ﷺ Narrated by Anas b. Malik, the Prophet • and four, and five, and six, and seven, and eight, and Ibn Hajar al-Asqalani: “There is no basis for [this hadith] with this nine, and ten, so if it exceeds the tenth then she is in wording.” istihada.” [al-Kamil l-Ibn ‘Adi] said: “The maximum of menstruation is ﷺ Narrated by ‘A’isha, the Prophet • 10 days, and the minimum is 3.” [al-’Ilal al-Mutanahiya l-Ibn al-Jawzi] PART 2, THE THREE BLOODS POST-NATAL BLEEDING (NIFAS) DEFINITIONS Literal Definition Legal Definition meaning: give A physical impurity: Blood that flows ,ﻧُﻔَسَ Comes from the verb birth. from the womb and exits from the vagina after most of the child is or “the woman delivered, and she has not given birth 6 ,«ﻧُﻔَﺳَتْ اﻟﻣرأة» :Such as months prior to that. gave birth” And therefore, if a woman gives birth, she .ﻧﻔﺳﺎء is a [Manhal al-Waridin min Bihar al-Fayd] DURATION OF POST-NATAL BLEEDING 0-40 days 0-60 days ”.Narrated from al-Awza’i: “By us, the women see two months of nifas▪ ﷺ Narrated from Umm Salama: “During the time of the Prophet▪ women would sit for 40 days for nifas, and paint their faces Likewise narrated from ‘Ata’, al-Sha’bi, and ’Ubayd Allah b. al-Hasan al-’Anbari. [al-Majmu’ Sharh al-Muhadhdhab] with waras to remove dark spots.” [Sunan Abu Dawud, Sunan Ibn Majah, Jami’at al-Tirmidhi, Musnad Ahmad] set the time limit for ﷺ Narrated from Anas b. Malik: “The Prophet▪ the women in nifas at 40 days, except if she sees purity before then.” [Sunan Ibn Majah, Mu’jam al-Kabir lil-Tabrani] ▪Narrated by Makhul, from Abu Hurayra and Abu al-Darda’, attributing the hadith ,The women in nifas wait 40 mornings“ :ﷺ to the Prophet except if they see purity before that. If she did not see purity between [the birth] and 40 mornings, then she is in istihada, and she does as the women in istihada do.” [al-Kamil l-Ibn ‘Adi, al-Sunan al-Kubra lil-Bayhaqi] ▪Narrated from ‘Umar, Ibn ‘Abbas, ’Uthman b. Abi al-’As, ‘A’idh b. ’Amr, Umm Salama, Anas b. Malik, and ‘A’isha: “The duration of nifas is 40 days.” [Sunan al-Daraqutni, Mustadrak ’ala al-Sahihayn] PART 3, DYSFUNCTIONAL UTERINE THE THREE BLOODS BLEEDING (ISTIHADA) DEFINITIONS Literal Definition Legal Definition meaning: to flow. An invalid blood; any bleeding which ,ﺣﺎض Comes from cannot be made into menstruation or .as if to say: the post-natal bleeding «أُﺳْﺗُﺣِﯾﺿَتْ اﻟﻣرأة» :Such as woman was sought for bleeding. Note: Invalid blood cannot be used to establish a habit in either menstruation or .the one post-natal bleeding :ﻣﺳﺗﺣﺎﺿﺔ A woman in istihada is a whose blood flows, but not due to menstruation, but rather due to a ruptured vein. [Manhal al-Waridin min Bihar al-Fayd] PART 4, THE THREE BLOODS VALID AND INVALID BLOODS THE THREE TYPES OF BLOODS: A RECAP BLOOD VALID BLOOD INVALID BLOOD ISTIHADA HAYD NIFAS LEGAL BLOOD LEGAL BLOOD ACTUAL BLOOD ACTUAL BLOOD PART 1, TYPES OF PURITIES COMPLETE AND INCOMPLETE COMPLETE AND INCOMPLETE PURITY Complete Purity Incomplete Purity ▪15 days ▪Less than 15 days will be considered The minimum duration of purity is 15 days, as was reported by Ibrahim al-Nakha’i [and what legal blood which can be made into is apparent is that he transmitted this from the menstruation, post-natal bleeding, or because it is a limit, and limits ,ﷺ Prophet are not known in the shari’a except by hearing istihada or one of the It is not a valid purity, with the implication ﷺ it [from the Prophet companions].] [al-’Inaya] that it does not separate between two The minimum duration of purity is 15 days [by agreement of the companions upon this, and it bloods, so it is like a pause where purity is has been narrated by Ja’far b.