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Imaam Birgivi's Manual Interpreted

Fiqh of Menstruation and Related issues
by

Mariam Amod

on 13 September 2012

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Transcript of Imaam Birgivi's Manual Interpreted

The Fiqh of Menstruation In the famous hadith collected in
Sahih al-Bukhari Menstruation not Vacation

Most rulings relate to unlawful (Haraam) acts.
Leaving them because they are unlawful is in itself an act of worship Sacred Law Rulings In worship:

Fard = Obligatory
Waajib = Necessary
Sunnah = Recommended practice
Nafl = Optional It is unlawful to perform the ritual prayer
(whether it is Fard, Waajib, Sunnah or Nafl)

One does not make up missed prayers because of Haidh

It is recommended that at each prayer time a woman make ablution with the intention of drawing nearer to Allah and go the place in her home where she normally prays. She should sit there and do dhikr (eg. Subhaanallah, Alhamdulillah..) for the amount of time she would usually spend in prayer. Prayer It is unlawful to make Sajdah
(of Qur'aan recitation or of thankfulness)

She does not have to repeat after the adhaan Sunnah or Nafl prayer then she is obliged to make up that prayer after her menstruation ends. If menses start while a woman is praying: Vowed (Nadhr) prayer then she is obliged to make up that prayer after her menstruation ends. Obligatory prayer then she is not obliged to make up that prayer after her menstruation ends. if she makes a vow to pray during her menses, she is not obliged to fulfil it whether a woman is qualified for prayer is determined at the end of each prayer time Man Yuridillahu bihi Khairan Yufaqqih-hu fid-Deen which means -
Whoever Allah wishes good for, He gives him understanding of the Deen. Imaam Birgivi Haidh If a woman does not eat all day she is sinning, and this is not considered fasting Fasting It is unlawful to fast If haidh start during the day in Ramadaan, it is necessary to eat or drink; it is unlawful for her to imitate those fasting in Ramadaan Ramadaan al-Sharunbulali Due to the sacredness of the month, it is unlawful for women to organise a gathering of menstruating women to eat during a day in Ramadaan One is required to make up all missed fasts If a woman sees blood just minutes before the sun set, then her fast (whether Fard, Waajib, Sunnah, or Nafl) is vitiated and she must make it up. When are actions Fard, Waajib,
Sunnah or Nafl? Prayer Fasting
(Siyaam) Reading the Qur'aan Circumambulating the Ka'bah (Tawaaf) Entering a Mosque Ghusl Ibn 'Abidin has narrated that if she does this, the reward of her best prayer prayed will be written for her Sajdah Tilaawah If a woman makes a vow to fast during her menses, she is not obliged to fulfil it When there is a conflict between Sacred Law and medical analysis of a situation, Sacred Law takes precedence. Eg. It is medically possible for a woman to menstruate after 12 days of purity (Tuhr), but according to Sacred Law this is dysfunctional bleeding (Istihaadha) The Basics Taken from The Book of Knowledge (agreed upon) It is unlawful to read the Qur'aan, even less than a complete aayah, with the intention that it is Qur'aan. Reading the Qur'aan Reading means to say aloud, moving one's lips If a woman reads Qur'aanic aayahs that are used for du'aa or praise, or her intention is du'aa or praise, then it is permissable It is permissable for a teacher to read the aayah word by word, such that she stops after each word It is not disliked to to read any other du'aas eg. qunoot, or any other adhkaar It is disliked to read the Bible, Torah or the Book of Psalms, as they are revelations, except for the parts that have changed It is unlawful to touch the mus-haf or a Qur'aanic verse Touching a mus-haf of the Qur'aan If a cover of the mus-haf is permanently attached to it then it is unlawful to touch the cover; if it is removable then it is permissible. It is permissible to pick up the mus-haf of the Qur'aan with a separate barrier eg. cloth, but not with one's clothing whilst wearing it It is unlawful to wear a necklace, bracelet etc that has Qur'aan enscribed on it, whilst in the state of:
minor impurity
major impurity
menses
lochia Items with verses on them If Qur'aanic aayah are included in any book then it is permissible to touch the book and the pages but not the actual aayahs. It is permissible, but disliked, to touch books of du'aa or adhkaar A translation of the meaning of the Qur'aan, or any commentary (tafseer) of the Qur'aan has the same ruling as the Qur'aan Translation and Transcribing It is unlawful to write an aayah of the Qur'aan unless done while actually not touching the paper One cannot touch jewellery, plates, cups etc which have Qur'aan written on them Entering a Mosque It is unlawful to enter a mosque except in the case of emergency. (In this case it is recommended that she make dry ablution (Tayammum) before entering).

If a woman is sitting in spiritual seclusion (I’tikaaf) and Haidh begins, she must leave the mosque immediately and her I’tikaaf is invalidated.

It is permissible to enter the place of Eid prayer if it is not held in the mosque
It is permissible for her to visit a graveyard Circumambulation
of the Ka’bah
(Tawaaf) It is unlawful to circumambulate the Ka’bah

If Haidh begins during Tawaaf the one must leave the musjid immediately

If a woman performs an obligatory Tawaaf in this state then it is valid but she must slaughter a camel to remove the sin of doing so. Type of Tawaaf Expiation (cc) image by anemoneprojectors on Flickr Obligatory


Non-obligatory


Obligatory but
without Wudu


Necessary but
without Wudu Slaughter a camel


Slaughter a sheep


Slaughter a sheep


Give charity All slaughtering or charity must take place in the Makkan Sacred Precinct (Haram)

If one repeats the circumambulation in a state of ritual purity before leaving Makkah, then one need not slaughter Tawaaf

Intimate Contact

Divorce and the Waiting Period

Kaffaara
mentstruating does not invalidate consecutive fasts NOTE: Expanded Areas Menstruation establishes puberty Puberty
(Buloogh) Girls Boys First menstrual period Pregnancy Wet dream Pubescent at 9 lunar years (8 solar yrs, 8months,
3 weeks) Causing pregnancy Wet dream Pubescent at 12 lunar years (11 solar yrs,
7 months,
2 weeks) (cc) photo by theaucitron on Flickr (cc) photo by theaucitron on Flickr Reached the age of 15 lunar years (14 solar yrs,
6 months,
2wks) Reached 15 lunar years Obligations remains in terms of prayers and fasting, intercourse is permissibile, washing hands and rinsing mouth before eating or drinking is recommended.
Permissible to leave ones house in an emergency
Disliked to trim one’s nails and remove bodily hair because this state is easily removed by ghusl. Janaabah
Major Ritual Impurity - if other than menstruation or lochia It is permissible during menstruation or lochia to trim one’s nails and remove bodily hair Hadath
Minor Ritual Impurity Permissible Unlawful (cc) image by anemoneprojectors on Flickr to pray or make any prostration to touch anything that has a complete Qur’aanic aayah enscribed on it to touch a book of Qur’aanic commentary (Tafseer) For an adult with ablution to pass the Qur’aan to a prepubescent child without wudu, who is learning the Qur’aan To touch books of Hadith, Fiqh, adhkaar etc, however it is preferred that one does not To recite the Qur’aan To enter a mosque, but it is disliked because of not being able to pray the “greeting of the mosque” (Tahiyyatul Musjid) prayer House Rules Does this mean I'm a Mufti? An-Nihaya The End Congratulations! mariam_amod@yahoo.co.uk
www.ribat.org.uk
075 1505 9302 General rulings are made to cover common situations, and any situation which is unusual needs to be discussed with a specialist in menstruation In books of jurisprudence (Fiqh) references to years or age are based on the lunar and not the solar calendar. There are three types of vaginal bleeding pertinent to women:

Menstruation = Haidh
Lochia (post-natal discharge) = Nifaas
Dysfunctional bleeding = Istihaadha The minimal menstrual period is 3 complete days (72 hours)

There is no stipulation that bleeding be continuous

The maximum menstrual period is 10 complete days (240 hours)

There must be a complete Tuhr that separates each valid blood

Bleeding caused by medication during possible days of menstruation is menstruation Valid Blood Case Study Invalid Blood is Dysfunctional Bleeding (Istihaadha) Invalid Blood Types

Bleeding from a female under the age of 9 (lunar years)
Coloured discharge (other than red) from a menopausal woman over 55
Bleeding during pregnancy
Bleeding that exceeds the maximum
Bleeding less than the minimum
Bleeding outside of the normal habit (exceeding the habit and maximum)
Bleeding outside of the habit
Bleeding during legal Tuhr The minimal period between 2 menstrual cycles is 15 complete days (360 hours)
Legal Tuhr requires that all obligatory acts of worship be performed
There is no maximum Tuhr. It could last a lifetime

There is a difference between complete Tuhr and a valid Tuhr! Tuhr Istihaadha blood is impure (Najas)
It nullifies ablution
It does not necessitate Ghusl
Praying and Fasting are obligatory
Intercourse is permissible An incomplete Tuhr interval between 2 bloods does not separate between them. It takes the ruling of legal blood Habit All women are obliged to record their menstrual, locial and tuhr habits. The menstrual beginner who does not have a valid menses or a valid tuhr and has continuous or irregular bleeding is given a 10-day menstrual habit and a 20-day tuhr habit. A woman who does not know her habit or is confused and has constant irregular habits, must speak to a specialist in the rulings of menstruation Will stop prayer when: A Woman with a Habit If a woman has a habit and sees blood or tuhr different from her habit, then her habit changes if they are valid. If they are not valid then her habit stays the same and the excess blood is Istihaadha She sees blood after a complete Tuhr
Or she sees excess blood after her habit in the possible days of menstruation
Or she sees blood before her habit, such that if these days are added to her habit, the total does not exceed the maximum (240 hours) The colours of blood are:
Black (very dark heavy red blood that usually clots and seems as if it is almost black)
Red
Brown
Green
Yellow
Dusky that is a trace of yellow but not pure white Colours of Blood In other words, all non-white or non-clear discharge is legally considered blood Any discharge caused by an infection, operation or illness; coloured, white or otherwise, is impure (najas) and nullifies ablution but is not considered menses Normal Vaginal Discharge The colours of normal discharge (in Tuhr):

White - creamy or liquid in texture

Clear - transparent (like saliva) or cloudy (sticky raw egg-white type texture) It is normal at various times in one's cycle that there is no discharge The colour of normal discharge is only considered after immediate removal of the kursuf and the discharge is fresh, as it tends to yellow as it oxidises. The Kursuf Usually cotton cloth, cotton wool or paper tissue is used, placed at the opening or inside. It is Sunnah for a virgin to use it during her menstruation, though not to fully insert it, and a non-virgin should use it at all times If the Kursuf becomes wet with blood: and the blood soaks through and reaches the outside then menses has begun And it was inserted before menses and the blood does not reach the outside then menses begins only once the kursuf is removed And it was inserted during Istihaadha and the blood soaks through and reaches the outside then it nullifies Wudu and one makes Wudu after inserting it and the blood doesn't reach the outside then Wudu is valid until the Kursuf is removed End of Valid Bleeding Beware of using it whilst fasting or keeping it in too long, and using different materials Any coloured discharge is considered blood. Until the discharge is clear or white, or there is no discharge at all, menstruation has not ended Whilst pads and pantyliners can be used, it is not as reliable as using a Kursuf to determine the exact beginning or end. Sacred Law does not require a woman to check herself frequently, nor is she expected to use a kursuf If a woman places a clean kursuf correctly before she goes to bed and wakes up after Fajr to find it is clean, then her menses has ended from the time of insertion, not from the time she removed it. When the end is pending, she is obliged to check the kursuf before the end of the prayer time In contrast, if a woman of Tuhr places a kursuf before her menses has begun, and later sees blood, her menses has begun once the kursuf is removed and she sees blood. If blood stops at 240 hours then Haidh has legally ended

In this specific case, even if one has not had a ghusl one's husband may approach her though it is disliked

If there is enough time for her to have a ghusl ans say "Allahu akbar" before that prayer time ends, then that prayer is Fard on her

If the menses stop before dawn in Ramadaan, her fast is valid even if she does not have a ghusl. She will also have to pray the Isha and Witr The Maximum The time it takes for her to have the purificatory bath is considered part of her menses Before the Maximun This affects her prayer likewise If there is not enough time after the blood stops in Ramadaan for her to take a bath and say Allahu Akbar before Fajr then her fast is invalid After taking a bath after Fajr has begun, she is not permitted to eat due to the sacredness of the month, even though she will have to make up that fast after Whenever the bleeding stops ghusl is Fard

If the bleeding ends prior to her normal habit then she is obliged to wait until just before the end of a prayer time

If the bleeding exceeds her normal habit but is within the maximum then she takes a bath when the bleeding stops The Habit Sunnah Method Ghusl 1. Niyyah
2. Wash both hands to the wrists
3. Wash private parts
4. Wash off all other impurities
5. Perform complete Sunnah Wudu
6. Pour water over the head
7. Pour water over the entire body 3 x (rubbing is recommended)
8. If water is gathered at the feet then it should be washed at the end.
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