١. فِعْلَ الصَّلاَةِ
٢ . وَوُجُوْبَهَا
٣ .وَفِعْلَ الصِّيَامِ
Menstruation and Postpartum
الْحَيْضِ
Importance of Prayer & Ruling of its Abandonment
Facing the Qiblah & Intention in the Prayer
Etiquettes of Walking to Prayer and its Description
Description of Prayer Continued
Description of Prayer Continued
Description of Prayer Continued
Pillars and Mandatory Acts of Prayer
Two Prostrations of Forgetfulness
Supererogatory (Voluntary) Prayers
Supererogatory (Voluntary) Prayers Continued
Times of Prohibition of (Supererogatory) Prayer
Chapter on Imamate
Chapter on Imamate Continued
Congregational Prayers & Latecomers
Prayer of The Sick
Prayer of The Traveler
Prayer of Fear
Jumu'ah (Congregational Friday) Prayer
Jumu'ah (Congregational Friday) Prayer Continued
Prayer of the Two Eids
Book on Funeral
Washing, Shrouding, and Funeral Prayer
Funeral Prayer Continued
Ending the Book of Funerals
Book of Fasting
Confusion, Exemption, and Expiation of Fasting
Invalidators of Fasting, Forgetfulness, and Doubts
Voluntary Fasing and I'tikaf
The Book of Hajj and 'Umrah
Chapter on Ihram Sites
The State of Ihram
Forbidden Acts of Ihram
Expiations in Hajj
Entering Makkah and Tawaf
Chapter on Menstruation
بَابُ الْحَيْضِ
4. Ṭawâf (circumambulation of the Kaaba),
5. Recitation of the Qur’an, 145
٤ . وَالطَّوَافَ
٥ .وَقِرَاءَةَ الْقُرْآنِ
142. The Prophet (SA) said to Fâṭimah bint Abi Ḥubaysh:
"…When the period starts, stop praying…" (Ag – from ‘Â’ishah)
فإذا أَقْبَلَتْ الْحَيْضَةُ فَدَعِي الصَّلَاةَ
143. When asked why women make up for the fasting but not the prayers, ‘Â’ishah (RAH) said:
"This (menstruation) used to happen to us [B: during the time of the Messenger of Allah (SA)], and we were commanded to make up the fasting, but we were not commanded to make up the prayers." (Ag – from ‘Â’ishah)
كان يُصِيبُنَا ذلك (خ: نحيض على عهد رسول الله) فَنُؤْمَرُ بِقَضَاءِ الصَّوْمِ ولا نُؤْمَرُ بِقَضَاءِ الصَّلَاةِ
144. The Prophet (SA) said:
"…Isn’t it true that when she gets her period, she stops praying and fasting?" (Ag – from Abu Sa‘eed al-Khudri)
أَلَيْسَ إذا حَاضَتْ لم تُصَلِّ ولم تَصُمْ؟
She makes up the days of Ramadan that she did not fast. (See the hadith of ‘Â’ishah above.)
145. Ṭawâf by Menstruating Women
In normal circumstances, this is forbidden by all of the madh-habs. (A) + (+M, +S): Because purity is a condition in ṭawâf.
Recitation of the Qur’an, 146
(a) + (-H): Purity is not a condition, but she cannot make ṭawâf because she cannot enter the masjid. If she does it, it is valid, but she must expiate for it. If she has not made the ṭawâf that is a pillar, and she must leave Makkah: (t): She is allowed to make ṭawâf after making major ablution and then cleaning and wrapping her genitals; this is for her Hajj to be valid. In this case, she does not need to expiate because she did her best. Note that (t) considers purity a condition for the validity of the ṭawâf in normal circumstances
146. Recitation of Qur’an by the Menstruating Woman
(A) + (+H, +S): Not allowed. (A/SM: One with janâbah may read Qur’an and even move his or her lips, as long as no letters become discernible.) (M, t): Allowed. The majority uses, among other arguments, the following hadith:
"The menstruating woman and the one with major sexual impurity may not read any part of the Qur’an." (D,T – from Ibn ‘Umar. T:W)
لَا تَقْرَأْ الْحَائِضُ ولا الْجُنُبُ شيئا من الْقُرْآنِ
However, the hadith was deemed weak by the scholars of Hadith, including (A). They also used analogy, likening the menstruating woman to one with janâbah. However, that analogy was considered inaccurate by those who disagreed because, unlike the menstruating woman, the one with janâbah can easily end his or her impurity by making ghusl.
147. Touching the Muṣ-ḥaf by the Menstruating Woman
(A) + (+H): It is permissible for her to touch it with her hands covered (for example, wearing gloves). Ibn Ḥazm and ash-Shawkâni argued that it is permissible even without a barrier, due to a lack of evidence to the contrary. They interpreted Allah's saying:
{None touch it but the pure.} (al-Wâqi‘ah 56: 79)
لَّا يَمَسُّهُ إِلَّا الْمُطَهَّرُونَ
as referring to the ‘Preserved Tablet’ in paradise, on which Allah’s words and decrees are written. They also interpreted the statement of the Prophet (SA):
"No one may touch the Qur’an but one who is pure." (Mâlik, Ba, Ḥib)
لاَ يَمَسَّ الْقُرْآنَ إِلاَّ طَاهِرٌ
to mean one who is Muslim, since the Prophet (SA) said:
"The believer never becomes impure." (A – from Abu Hurayrah)
إِنَّ الْمُؤْمِنَ لَا يَنْجُسُ
It is safer to touch it with a barrier, since this has been the practice of the righteous predecessors, and the vast majority of the Ummah do not allow touching it without a barrier. Regarding the authenticity of the hadith, “No one may touch the Qur’an but one who is pure,” al-Albâni wrote, in Irwâ’ al-Ghaleel, that all known narrations of this hadith have some degree of weakness in them. He stated (in his discussion of this hadith) that when there are many weak narrations of a particular hadith, “…they strengthen one another if they do not include individuals who have been accused [of lying]… Thus, I would consider this [hadith] to be sound.” While valuable, the statement of al-Albâni (may Allah have mercy on him) does not end the controversy.
148. Staying in the Masjid for the Menstruating Woman
(A) + (+H, +M, +S): Not allowed.
8. Intercourse, 149
وَالْوَطْءَ فِي الْفَرْجِ
(a) + (al-Muzani): She may stay in the masjid (a: after making wuḍoo’). This is because the hadith forbidding her stay is weak. Also, since her menstruation may last for many days ̶ up to 1/3 or 1/2 of her fertile life ̶ she is not like one in the state of janâbah, who may not stay in the masjid by consensus. While it is commendable for Muslims to be wary of positions that conflict with the agreement of the four imams, this aversion should not completely rule out the possibility that the truth may be different; it should merely serve as a warning for mujtahideen to proceed with caution and for non-mujtahideen to stop. The legally consequential consensus is that of all the mujtahideen. (See the appendix on the agreement of the four madh-habs.) Additionally, one cannot deny the strength of the second opinion. Finally, barring the menstruating women from the mosques, where they can learn and benefit themselves as well as accompanying their children, needs to be based on definitive evidence, which is lacking in this case. ¹ It is also important to note that the typical Islamic center in the West consists not only of a masjid; it includes the masjid, meaning the prayer hall and other utility rooms, but it is more than that. Apart from the prayer hall, it may have stores and advertisements on bulletin boards, which are forbidden in the masjid, so it is the agreed-upon custom that these areas are not considered part of the masjid itself. By staying in areas outside the prayer hall, menstruating women who follow the position of the majority may still be able to attend lectures or accompany their husbands and children.
149. This is a consensus, due to the saying of Allah (ST):
{They ask you concerning menstruation. Say: that is an adhâ (a harmful thing), therefore keep away from women during menses and go not unto them until they have purified (from menses and have taken a bath)…} (al-Baqarah 2: 222)
َيَسْأَلُونَكَ عَنِ الْمَحِيضِ قُلْ هُوَ أَذًى فَاعْتَزِلُوا النِّسَاءَ فِي الْمَحِيضِ وَلَا تَقْرَبُوهُنَّ حَتَّى يَطْهُرْنَ
When the verse was revealed, the Prophet (SA) said:
"Do everything except intercourse." (M – from Anas)
اصْنَعُوا كُلَّ شَيْءٍ إلا النِّكَاحَ
150. In other words, the lawful prescribed divorce, which is to divorce in the interval between the periods in which no intercourse had taken place. Divorcing a woman during her menstrual period, or during the interval between two menstrual periods (during the waiting period) in which they had intercourse, is unlawful and called a bid‘ah divorce (a form of heresy). It was reported that when Ibn ‘Umar (RAHUMA) divorced his menstruating wife, the Prophet (SA) commanded him to take her back until she became pure, then got her next menstrual period and completed it; then he could divorce her before having intercourse, if he so wished. (Ag) Whether it counts as a divorce or not is a different issue. The majority counts it, but (t) does not. (A/SM): This prohibition does not apply to khul‘ (termination of marriage initiated by the wife).
151. By consensus, a menstruating woman will count the waiting period after divorce by her menstrual periods, not by the calendar. By agreement, this does not apply to widows; their waiting period, if they are not pregnant, is still four months and ten days.