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LAWS OF A WOMAN IN MENSTRUATION (ḤĀʾIḌ)

Ruling 448. Certain things are unlawful for a ḥāʾiḍ:

1.
to perform those ritual acts of worship that must be performed with wuḍūʾ, ghusl, or tayammum – such as prayers – if she does so with the intention of performing a valid act. However, there is no problem if she performs ritual acts of worship for which wuḍūʾ, ghusl, or tayammum is not necessary, such as ṣalāt al‑mayyit;

2.
all the things that are unlawful for a junub, as mentioned in the rules of janābah;

3.
vaginal intercourse, which is unlawful for both the man and the woman even if the penis penetrates only to the point of circumcision and the man does not ejaculate. In fact, the obligatory precaution is that the penis must not penetrate even less than the point of circumcision. This law does not apply to anal intercourse; however, based on obligatory precaution, anal intercourse with a woman without her consent – whether she is ḥāʾiḍ or not – is not permitted.

Ruling 449. Sexual intercourse is unlawful on the days when even though ḥayḍ is not certain, the woman must still regard herself as being ḥāʾiḍ. Therefore, a husband cannot have intercourse with his wife on the days when she experiences bleeding for more than ten days and who must – according to the instructions that will be mentioned later – regard the days of her close relatives’ habitual pattern as her ḥayḍ days.

Ruling 450. If a man has sexual intercourse with his wife while she is in the state of ḥayḍ, it is obligatory for him to seek forgiveness from Allah. However, giving recompense (kaffārah) is not obligatory for him, even though it is better that he give kaffārah. The kaffārah for sexual intercourse at the beginning of ḥayḍ is one legal (sharʿī) mithqāl[1] of coined gold, at the middle of ḥayḍ it is half a legal mithqāl, and at the end of ḥayḍ it is one-quarter of a legal mithqāl. A legal mithqāl is eighteen nukhuds.[2]

Ruling 451. Apart from having sexual intercourse with a ḥāʾiḍ, there is no problem in deriving other forms of sexual pleasure with her, such as kissing and foreplay.

Ruling 452. As per the laws relating to divorce, divorcing a woman who is in the state of ḥayḍ is invalid.

Ruling 453. If a woman says she is ḥāʾiḍ or that her ḥayḍ has stopped, in the event that she is not suspected to be someone whose word in this case cannot be accepted, her statement must be accepted. However, if she is suspected to be someone whose word in this case cannot be accepted, then accepting her statement is problematic [i.e. based on obligatory precaution, her statement must not be accepted].

Ruling 454. If a woman becomes ḥāʾiḍ during prayers, her prayers are invalid; and based on obligatory precaution, this applies even if ḥayḍ occurs after the last sajdah and before the last word of the salutation (salām) of the prayer.

Ruling 455. If a woman doubts during prayers whether or not she has become ḥāʾiḍ, her prayers are valid. However, if after prayers she realises that she had actually become ḥāʾiḍ during prayers, then the prayers she performed are void, as mentioned in the previous ruling.

Ruling 456. After a woman’s ḥayḍ has stopped, it is obligatory for her to perform ghusl for prayers and for other ritual acts of worship that must be performed with wuḍūʾ, ghusl, or tayammum. The ghusl for ḥayḍ is performed in the same way as the ghusl for janābah, and the ghusl for ḥayḍ suffices in place of wuḍūʾ, although it is recommended to also perform wuḍūʾ before performing ghusl.

Ruling 457. If a woman is divorced after her ḥayḍ has stopped, the divorce is valid even if she has not yet performed ghusl. Furthermore, [after her ḥayḍ has stopped but before she has performed ghusl,] her husband can have sexual intercourse with her. However, the obligatory precaution is that intercourse must take place after washing the vagina; and the recommended precaution is that having sexual intercourse with her should be avoided before she has performed ghusl. However, other acts that were unlawful for the woman during ḥayḍ on account of them being conditional on her being in a state of ritual purity – such as touching the writing of the Qur’an – do not become lawful for her until she performs ghusl. Similarly, based on obligatory precaution, acts that have not been established as being unlawful for a ḥāʾiḍ on account of them being conditional on her being in a state of ritual purity, such as staying in a mosque [also do not become lawful for her until she performs ghusl].

Ruling 458. If the amount of water that is available is not sufficient for performing both wuḍūʾ and ghusl and it is sufficient for performing only ghusl, a woman must perform ghusl, and it is better that she perform tayammum in place of wuḍūʾ. If the water is sufficient for performing only wuḍūʾ and not for performing ghusl, it is better that she perform wuḍūʾ with the water and then she must perform tayammum in place of ghusl. If she does not have sufficient water for performing wuḍūʾ or ghusl, she must perform tayammum in place of ghusl, and it is better that she perform another tayammum in place of wuḍūʾ as well.

Ruling 459. A woman does not have to make up those prayers that she did not perform while she was in the state of ḥayḍ; however, she does have to make up those fasts of the month of Ramadan that she did not keep while she was in the state of ḥayḍ. Similarly, based on obligatory precaution, she must make up any fasts that were obligatory for her at a particular time on account of a vow and which she did not keep while she was in the state of ḥayḍ.

Ruling 460. Whenever the time for prayers sets in and a woman knows that if she delays performing prayers she will become ḥāʾiḍ, she must perform those prayers immediately. Similarly, based on obligatory precaution, she must perform prayers immediately even if she merely deems it probable that she will become ḥāʾiḍ if she delays performing them.

Ruling 461. If a woman delays performing prayers and from the start of the time of prayers there elapses a length of time – equivalent to the time it takes to perform one prayer with all its prerequisites, including obtaining clean clothes and performing wuḍūʾ – and if she becomes ḥāʾiḍ after that, it is obligatory for her to make up those prayers. In fact, if the time for prayers had set in and she could have performed one prayer with wuḍūʾ, ghusl, or even tayammum but she did not, she must, based on obligatory precaution, make up those prayers even if there was not sufficient time for all the other prerequisites. However, she must take into account her own situation in terms of performing prayers quickly or slowly and other things. For example, if a woman who is not a traveller [and therefore must perform the four-unit (rakʿah) prayers in their complete (tamām) form] does not perform the ẓuhr prayer at the start of its prescribed time, it becomes obligatory for her to make it up only if before she became ḥāʾiḍ, there was time equivalent to performing a four rakʿah prayer with wuḍūʾ or tayammum from the start of the time for ẓuhr prayers. However, for a traveller [who must perform the four rakʿah prayers in their shortened form], it is sufficient if there was time equivalent to obtaining ritual purity and performing a two rakʿah prayer.

Ruling 462. If at the end of the time for prayers a woman’s ḥayḍ stops and she has time equivalent to performing ghusl and one rakʿah or more of the prayer, she must perform that prayer; if she does not, she must make it up.

Ruling 463. If after her bleeding stops a ḥāʾiḍ does not have time equivalent to performing ghusl but she can perform the prayer during its prescribed time by performing tayammum, the obligatory precaution is that she must perform the prayer with tayammum; and in case she does not perform the prayer, she must make it up. Furthermore, apart from shortage of time, if for some other reason her duty is to perform tayammum – for example, because water is harmful for her – then she must perform tayammum and the prayer; and in case she does not perform the prayer, it is necessary for her to make it up.

Ruling 464. If after her ḥayḍ has stopped, a woman is unsure whether or not she has time to perform prayers, she must perform those prayers.

Ruling 465. If a woman does not perform prayers thinking that she does not have sufficient time to become ritually pure from an occurrence (ḥadath)[3] and to perform one rakʿah, and afterwards she realises that actually she did have time, she must make up that prayer.

Ruling 466.* It is recommended that at the time of prayers, a ḥāʾiḍ should clean herself of the blood, change the piece of cotton [or sanitary pad/another absorbent item that a woman would normally use to absorb the discharge of blood], and perform wuḍūʾ; and if she cannot perform wuḍūʾ, she should perform tayammum. It is also recommended for her to sit in the place of prayers facing qibla and to engage in remembering Allah (dhikr), reciting duʿāʾs, and invoking blessings (ṣalawāt) upon Prophet Muḥammad (Ṣ) and his progeny, and it is better that she recite the four glorifications (al-tasbīḥāt al-arbaʿah).

Ruling 467.* According to some jurists, it is disapproved for a ḥāʾiḍ to read the Qur’an, keep the Qur’an with herself, touch in between the writing of the Qur’an or the margins of the Qur’an, and dye her hair with henna or something similar.

[1] A legal mithqāl is a measure of weight equal to 3.456 grams.

[2] A nukhud is a measure of weight equivalent to 0.192 grams.

[3] See the footnote pertaining to Ruling 384 for an explanation of this term.
CATEGORIES OF WOMEN IN MENSTRUATION → ← MENSTRUATION (ḤAYḌ)
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