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Womens Fiqh - Hanafi - 5

Part 5

Chronic discharge (istihada) [Bleeding due to Illness]

ISSUE 1
During menstruation, if a woman bleeds for less than three days and three nights and then remains clean for fifteen days, it is regarded as chronic discharge (istihada). Bleeding beyond full ten days and ten nights during menstruation is also regarded as chronic discharge (istihada). {According to the Shafi’î chronic discharge (istihada) is bleeding for less than twenty-four hours or beyond fifteen days, or when post-natal bleeding (nifàs) continues for over sixty days.}

ISSUE 2
Bleeding in the case of girls below nine years of age and of women above fifty-five years of age is chronic discharge (istihada), provided that the blood is not very red or black. It should be noted that if after the age of fifty-five years a woman gets yellow, green or muddy-coloured blood, which is similar to that which she experienced during her normal periods, then this will be regarded as menstruation, otherwise it will be chronic discharge (istihada).

ISSUE 3
If a woman has a menstruating habit e.g., seven days and she menstruates in a particular month for more than ten days then bleeding beyond her habit period of seven days is counted as chronic discharge (istihada). She should offer Make-up Prayer for all the extra days after the seventh day.

ISSUE 4
Any bleeding during pregnancy is regarded as chronic discharge (istihada) (according to Imâm Abû Hanifa R.A.).

ISSUE 5
Bleeding before childbirth and before half the infant is born is chronic discharge (istihada). If half or more of the infant is born then it is post-natal bleeding (nifàs).

ISSUE 6
Bleeding after forty days and forty nights from post-natal bleeding (nifàs) is also chronic discharge (istihada). If a mo’tâda [woman who has a habit for post-natal bleeding (nifàs)] bleeds beyond her habit and it exceeds forty days, then the bleeding beyond her habit is chronic discharge (istihada). She must have a bath after forty days and offer make-up prayer for the days beyond her habit.

Chronic discharge (istihada) and Ritual ablution (wudu)
ISSUE 1
I t is wâjib [obligatory] for a mustahaza [a woman who is experiencing chronic discharge (istihada)] to visit the toilet and make istinja [obtain purification from the impurities excreted by the private parts] at the time of every prayer.

ISSUE 2
A woman who is in chronic discharge (istihada) will have to make a fresh ritual ablution (wudu) at the time of every fardh prayer. For example a woman is in chronic discharge (istihada), she made ritual ablution (wudu) at the time of Asr Prayer and up till the time of Maghrib she did not break her ritual ablution (wudu) in any way. Because she is still bleeding due to chronic discharge (istihada), she cannot read her Maghrib Prayer with the ritual ablution (wudu) she made for Asr Prayer. She has to make fresh ritual ablution (wudu) again for Maghrib Prayer. Her ritual ablution (wudu) will now last till the time of this prayer ends. She can, however, perform her sunnah, nafl and make-up prayer before this time ends. Her ritual ablution (wudu) will break when this time ends and the time of the next prayer begins. She then has to make fresh ritual ablution (wudu). It must be remembered that besides this chronic discharge (istihada) bleeding, the ritual ablution (wudu) will definitely break through any other factors, which normally break the ritual ablution (wudu). The above type of ritual ablution (wudu) is allowed for one who is ma’zûr [legally excused].

ISSUE 3
A ma’zûr is that person whose ritual ablution (wudu) cannot remain because of certain factors which continually break it, e.g. continual drops of urine, continual passing of wind, continual oozing of blood or pus (matter) from anywhere on the body.

ISSUE 4
The condition for being regarded as a ma’zûr is that in the beginning one is not in a position to remain with ritual ablution (wudu) for the time needed to complete only one fardh prayer, e.g. if one started bleeding before zawwal and the full time of Zohr passed by in this state of bleeding, so much so that there is no time to make ritual ablution (wudu) and perform the fardh prayer, then this person is caged a ma’zûr.

ISSUE 5
Thereafter, if such a person bleeds even once at the time of every Prayer she will remain a ma’zûr. It is not necessary to bleed continually

ISSUE 6
Whenever there is no bleeding for one full Prayer time, then one no longer remains a ma’zûr.

ISSUE 7
It should be remembered that quite often a woman can be a mustahaza [in a state of chronic discharge (istihada)] and yet not be a ma’zûr because in chronic discharge (istihada) it is not necessary for her to bleed continuously, but for a ma’zûr, it is a condition to bleed continuously in the beginning and at least once in every complete prayer time thereafter.

ISSUE 8
If a mustahaza starts bleeding during a prayer time and this bleeding continues, then she should make her ritual ablution (wudu) towards the end of the mustahab time and perform her prayer. If she kept on bleeding throughout the prayer time, so much so that there was no time for her to perform her fardh prayer, then she will be regarded as ma’zûr and she must read her prayer even if she is bleeding. If she did not bleed during the next prayer time or she was bleeding but it stopped for a while in which there was enough time to make ritual ablution (wudu) and perform fardh prayer, then she no longer remains a ma’zûr; she will have to make make-up of any fardh and wâjib prayer which she may have performed in the foregoing or previous prayer time. There is no make-up for sunnah or nafl prayer, e.g. if Asr time sets in at 4:00pm. and remains up to sunset, at 6:00pm but the mustahab time remains only until 5:30pm. and the blood starts continuously flowing from 4:30pm, then she should make ritual ablution (wudu) and perform her prayer just before 5:30pm. If the bleeding continues and the whole Maghrib time passed by without the blood stopping, then she need not repeat her Asr Prayer; but if it stops during Maghrib time, even for a short while in which, it is possible to make ritual ablution (wudu) and perform the fardh prayer, then she would have to repeat the fardh of Asr.

ISSUE 9
IF ONE IS AFRAID THAT DROPS OF URINE MAY DRIP INVOLUNTARILY, THEN IT IS ADVISABLE TO PREVENT IT BY PUTTING COTTON WOOL ON THE OPENING OF THE PRIVATE PART. THE RITUAL ABLUTION (WUDU) WILL NOT BREAK UNLESS THE EFFECT OF THE URINE SHOWS OUT ON THE COTTON WOOL. IN FACT, PEOPLE SUFFERING FROM SUCH DISEASES OR THOSE WHO ARE DOUBTFUL AS TO WHETHER DROPS ARE COMING OUT, SHOULD TAKE THESE PRECAUTIONS.

ISSUE 10
If one’s urine drips, then it is wâjib [obligatory] to change the underwear or wash that portion with which the urine makes contact it the time of every prayer.

Chronic discharge (istihada) and Ibâdah

 

ISSUE 1
All prayers are allowed during chronic discharge (istihada). It is compulsory to perform prayer. If bleeding is continuous a fresh ritual ablution (wudu) is necessary at the time of every prayer. If her clothes become impure (polluted) due to bleeding then she should keep a separate set of clean clothes, which she must wear at the time of prayer and remove them after prayer. If the clothes are soiled during prayer, then there is no harm and the prayer will he completed. She must however, wash any blood-stain on the body or clothing before every prayer. If any cotton wool, which is placed where the bleeding takes place, becomes soiled with blood, then she should remove it and replace it with clean cotton wool for the next prayer. After prayer, it is not necessary to see whether she bled or not because even if she did bleed, her prayer will still be regarded as complete.

ISSUE 2
Saum, Haj, Umrah, tawâf, sa’î, performing e’tekâf touching and reading the Qur’ân are allowed during chronic discharge (istihada). HENCE, THERE IS NO DIFFERENCE BETWEEN A MUSTAHÂZA AND A CLEAN WOMAN IN THE FULFILMENT OF Allah (SWT)’S COMMANDMENTS.

ISSUE 3
It is better for her to use cotton wool etc. if this stops the blood from flowing out during prayer. Similarly, it is necessary for her to sit than to stand and read her prayer if this prevents the blood from flowing out during prayer

Chronic discharge (istihada) and the Masjid

ISSUE 1
A mustahaza is considered tâhir [clean], therefore she can enter Masjide-Haram and Masjide-Nabawi. She can also enter Rasulullah’s tomb for prayer of-salâm. She should take care not to pollute (stain) any part of the maid with blood because one should at all times prevent the masjid from being polluted. She should place cotton wool or sanitary-pads etc. at the place of bleeding for safety.

Chronic discharge (istihada) and the Husband

Sexual intercourse is allowed during chronic discharge (istihada) even if she is bleeding because the Sharî’ah considers her to be in a state of purity. There is no sin in having sexual intercourse during chronic discharge (istihada). The purity in this state is called hûkmi.

A state of major ritual impurity (janaba) [Impurity due to sexual intercourse, etc.]

 

ISSUE 1
A bath is compulsory after sexual intercourse and the couple will remain impure until they have had a bath. This state of impurity is called a state of major ritual impurity (janaba). There are many laws regarding this but I shall try to cover the subject very briefly.

ISSUE 2
The moment the head of the male private part unites with the female private part, then ghusl becomes wâjib on both the husband and wife, even if nothing more takes place and no sperms are released. Similarly, ghusl becomes wâjib when the private part is inserted into the anus. However, this action is totally harâm and the punishment for it is very severe. It is related in the Hadîth that Hazrat Abu Hurairah RA narrates from Rasulullah

“Cursed is he who comes unto his wife through her anus.”

 

 

 

ISSUE 3
One is allowed to eat, drink, and sleep in a state of a state of major ritual impurity (janaba) but it is better to wash the private parts and make ritual ablution (wudu) before eating, drinking or sleeping. If ritual ablution (wudu) is not made, tayammum should be performed. In this way the degree of impurity will be reduced. There is no sin in eating, drinking or sleeping without doing the above. It is not permissible to be in this impure state for so long as to miss a prayer. The Angels of blessing do not enter such a house. The genitals (private parts) must be washed before having a second act of sexual intercourse and ritual ablution (wudu) should also be made but there is no sin if ritual ablution (wudu) is left out.


 

 

 

A state of major ritual impurity (janaba) and the Qurân-Karîm

It is forbidden to touch or read the Qur’ân during a state of major ritual impurity (janaba). The same laws, regarding the Qur’ân during menstruation and post-natal bleeding (nifās), are applicable here also. If one is not in a state of a state of major ritual impurity (janaba) then one may recite the Qur’ân orally without ritual ablution (wudu) but one must not touch it.

A state of major ritual impurity (janaba) and Zikr

Zikr is allowed in the state of a state of major ritual impurity (janaba) but it is better not to do so because one can become free of a state of major ritual impurity (janaba) whenever one wishes to; whereas, in the case of menstruation and post-natal bleeding (nifās), a woman can only become pure after the bleeding has stopped. It is against etiquette to make zikr in a state of a state of major ritual impurity (janaba).

Therefore, it is better to do so after a bath. Nevertheless, masnûn du’âs [appropriate du’âs for special occasions] such as for sleeping, when waking up, when having sexual intercourse, etc. may be read in the state of a state of major ritual impurity (janaba).

A state of major ritual impurity (janaba) and the Masjjd

One is forbidden to enter a masjid in the state of a state of major ritual impurity (janaba). The same laws that apply to menstruation and post-natal bleeding (nifās) are also applicable here. One is not allowed to go into the gallery or basement of a masjid as these are included as parts of the maid proper. Sexual intercourse is prohibited in the masjid. If a bath becomes compulsory while in the masjid, then leave the masjid immediately after making tayammum even if one is in e’tekâf.

Bath after A state of major ritual impurity (janaba)

 

ISSUE 1
The same laws apply here as those of menstruation and post-natal bleeding (nifās) but particular care should be taken when washing the private parts, so much so, that no trace is left of any semen (male fluid) which may have stuck to the body and dried up. No part of the body should remain dry, otherwise ghusl [bath] will not be valid. Gargling up to the throat and drawing of water up to the soft, fleshy part of the nostrils are compulsory. Particular care should be taken that water reaches into the navel under earrings and finger rings too.

ISSUE 2
If the sperm of the husband emerges from the vagina of the wife after she has had a bath, then it is not necessary to repeat the bath but washing it off will suffice.

ISSUE 3
A woman should be careful and ensure that water reaches into the foreskin of the vagina, otherwise her ghusl will not be valid.

ISSUE 4
If, for some reason or other, a woman has to apply medicine in her vagina or a nurse applies it, then ghusl does not become necessary.

ISSUE 5
It is disliked (makruh) to pass urine without having clothes on the body. Therefore, before bathing too, one should avoid urinating in this manner.

ISSUE 6
It is disliked (makruh) to bath or pass water while facing the Qibla. It is also disliked (makruh) to have one’s back towards the Qibla in this state. Speaking should also be avoided in this situation when one’s satar is not covered.

ISSUE 7
If a woman in the state of a state of major ritual impurity (janaba) experiences either menstruation or post-natal bleeding (nifās), she need not take two separate baths, as one bath is sufficient when she becomes ritually pure.

 

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