Islamic Laws

Islamic Laws0%

Islamic Laws Author:
Publisher: World Federation of KSI Muslim Communities
Category: Jurisprudence Science

Islamic Laws

Author: Ayatullah Seyyed Ali Sistani
Publisher: World Federation of KSI Muslim Communities
Category:

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Islamic Laws
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Islamic Laws

Islamic Laws

Author:
Publisher: World Federation of KSI Muslim Communities
English

Hayz

Menstrual discharge (Hayz) is a kind of blood which is normally discharged every month from the womb of women for a few days. When menses is discharged the woman is called 'Haaez'.

Issue 440: Menses is usually thick and warm and its colour is either black or red. It is discharged with a pressure and a little irritation.

Issue 441: * The blood seen by women after the age of 60 years is not classified as Hayz. And as per recommended precaution, women who are not from the clan of Quraish, if they see blood between the age of 50 and 60 years, having the same signs as those of Hayz, they should combine the 'dos' of mustahaza and 'don'ts' of Haaez.

Issue 442: * Blood seen by a girl who has not yet completed 9 years of her age will not be classified as Hayz.

Issue 443: It is quite possible for a pregnant woman or a breast feeding mother to see Hayz and the rules which apply to a non-pregnant woman also apply to a pregnant one, except that if a woman who has conceived sees blood with the usual signs of Hayz 20 days after the commencement of her habitual period then it is necessary for her, on the basis of precaution, to refrain from the acts which are forbidden to a haaez and to perform the obligations of a mustahaza.

Issue 444: * If a girl does not know whether she has completed nine years of age or not and if she sees blood which does not bear any sign of Hayz, then that blood is definitely not Hayz. And if it has some semblance of Hayz, even then it is difficult to classify it as Hayz, unless one is absolutely sure. This absolute certitude will determine that she has completed her nine years.

Issue 445: * If a woman who is doubtful as to whether or not, she has completed 60 years of age, sees blood which she cannot decide whether it is of Hayz or not she should decide that she has not completed 60 years.

Issue 446: The period of Hayz is not less than 3 days and not more than 10 days and if the period during which blood is discharged falls short of 3 days even by a small measure of time, that blood will not be considered as Hayz.

Issue 447: The blood of Hayz flows continuously for the first 3 days. Therefore, if blood is seen for 2 days and then interrupted for 1 day and then seen again for 1 day, it will not be Hayz.

Issue 448: In the initial stage, it is necessary that blood flows out, but it is not necessary to be seen flowing out during all the three days. It is sufficient for the blood to be internally present. So, if a woman is clean for a brief period during the first 3 days (as is common among all or some women) even then the blood discharged will be Hayz.

Issue 449: It is not necessary that a woman should have bleeding on the 1st and the 4th night, but it is essential that bleeding should not discontinue on the 2nd and the 3rd night. For example, if bleeding commences on the morning of the 1st day and continues till sunset on the 3rd day, it would be considered as Hayz. Similarly, if blood is seen from the middle of the 1st day and stops at the same time on the 4th day the same will apply.

Issue 450: * If a woman sees blood continuously for three days, and then it stops for a brief period before it is seen again, and if the total number of days in which blood was seen and in which it stopped does not exceed ten, then the days in which blood flowed will be counted as of Hayz, and the in between period of respite will be of obligatory precaution, during which she will do all that she should do when she is Clean (tahir/pak ), and also refrain from all those acts which are forbidden to the Haaez.

Issue 451: If blood is seen for more than three days and less than ten days and she does not know whether the blood is of a sore or a wound or of Hayz, she should not treat it as Hayz.

Issue 452: If a woman sees blood about which she is unable to discern as to whether it is the blood of wound or of Hayz, she should continue to perform her acts of worship, except when her preceding condition was that of Hayz.

Issue 453: If a woman doubts whether the blood she has seen is of Hayz or Istihaza, she should treat it to be Hayz if it bears the properties of Hayz.

Issue 454: If a woman is unable to decide whether the blood she has seen is of Hayz or of virginity, she should examine herself i.e. she should insert cotton in herself and wait for some time. If she finds that only its sides have been stained with blood then it is virginal blood, and if the blood has soaked the entire piece of cotton then it is Hayz.

Issue 455: * If blood is seen for less than 3 days and then stops and starts again for 3 days the second blood will be Hayz but the first blood will not be considered as Hayz even if it was seen during the days of habit.

Rules for the Haaez

Issue 456: *. Acts which are Haraam for a woman who is in the state of Hayz:-

• Prayers and other similar acts of worship for which Wudhu or tayammum or Ghusl is necessary. However, there is no harm in her performing those acts of worship for which Wudhu, tayammum or Ghusl are not obligatory (e.g. Salat al-Mayyit).

• All those acts which are forbidden to a junub (see rule no. 361).

• Having sexual intercourse; it is Haraam for man as well as for woman even if only the penis glans may penetrate, and even if semen may not be discharged. In fact, the obligatory precaution is that the male should refrain from insertion even to an extent lesser than the point of circumcision. Anal intercourse with the wife is forbidden regardless of whether she is in Hayz or not.

Issue 457: Sexual intercourse is Haraam also when a woman may not be very certain of being in the state of Hayz, but Shariah guides her to treat herself as such. So, when a woman sees blood for more than ten days, and, as will be explained later, she has to resort to the habit of her relatives for determining the period of Hayz, her husband will not be permitted to have sexual relations with her during those days.

Issue 458: * If a man has sexual intercourse with his wife when she is a Haaez, he should seek Divine forgiveness and the recommended precaution is that he should expiate by giving Kaffara. Rules regarding Kaffara will be mentioned later.

Issue 459: With the exception of actual sexual intercourse with a Haaez woman, there is no harm in all other forms of courting, wooing and kissing etc.

Issue 460: Kaffara for sexual intercourse with a Haaez is gold coins weighing 3.457 grams if carried out in the early days, 1.729 grams for the middle days and 0.865 grams for the final days of the period of Hayz. For example, if Hayz lasts for 6 days and her husband has sexual intercourse with her during the 1st and 2nd days or nights, he should pay gold weighing 3.457 grams, and during the 3rd and 4th days and nights he should pay gold weighing 1.729 grams and for the 5th and 6th days and nights he should pay gold weighing 0.865 grams.

Issue 461: If it is not possible to pay in gold coins, he should pay its equivalent value. And if the price of gold has undergone a change at the time he wishes to pay the Kaffara to the poor, as compared with the time when he had sexual intercourse, he should pay at the prevailing rate.

Issue 462: If a man has sexual intercourse with his wife in the first, second and third stage of Hayz he should give Kaffara for all the three, totalling 6.051 grams.

Issue 463: If a man has had repeated sexual intercourse with a Haeez woman he should pay Kaffara for each time.

Issue 464: If a man realises during the course of sexual intercourse that the woman has become Haaez, he should withdraw from her immediately, and if he does not do so the recommended precaution is that he should pay Kaffara.

Issue 465: If a man commits fornication with a Haaez woman or has sexual intercourse with a Haaez woman who is not his 'mahram' under the impression that she is his wife, the recommended precaution in this case, too, is that he should pay Kaffara.

Issue 466: If a man has sexual intercourse with a Haaez woman on account of ignorance or because of having forgotten the rule, he need not pay Kaffara.

Issue 467: If a man has sexual intercourse with a woman with the belief that she is Haaez, but it transpires later that she was not Haaez, he need not pay Kaffara.

Issue 468: As will be explained in the rule relating to divorce, if a woman is divorced while she is in the state of Hayz, the divorce is void.

Issue 469: * If a woman says that she is Haaez, or claims to have become Clean (tahir/pak ) from Hayz, her statement should be accepted, provided that she is not known to be unreliable.

Issue 470: If a woman becomes Haaez while she is in Salat, her Salat will become void.

Issue 471: If a woman has doubt while offering prayers whether or not she has become Haaez, her prayer is in order. However, if she realises after offering prayers that she had actually become Haaez during the prayers, her prayers will be void.

Issue 472: After a woman becomes Clean (tahir/pak ) from Hayz it is obligatory for her to take bath for the prayers and other acts of worship which require Wudhu or Ghusl or tayammum. The rules for this Ghusl are

the same as for the Ghusl of Janabat. And it is better that before Ghusl she should perform Wudhu.

Issue 473: * After a woman has become Clean (tahir/pak ) from Hayz, and before having done Ghusl the divorce given to her will be in order, and her husband can also have sexual intercourse with her. Though it is better to have sexual intercourse after the woman has washed herself. However, the recommended precaution is that the man should avoid having sexual intercourse with her before she has done Ghusl. However, until she has had Ghusl, other acts like staying in a Masjid and touching the writing of the Qur'an which were Haraam for her at the time of Hayz do not become Halal for her.

Issue 474: * If the woman does not have sufficient water for Wudhu and Ghusl, and if it is just enough for Ghusl only, she should do Ghusl, and it is better that she should perform tayammum in place of Wudhu. And if the water is sufficient for performing Wudhu only, she should perform Wudhu and perform tayammum instead of Ghusl. And if she does not have water for either of them (i.e. for Ghusl or Wudhu) she should perform tayammum for Ghusl only. It is recommended that she does one more tayammum instead of Wudhu also.

Issue 475: * There is no Qadha for the Salat which she left during her Hayz, but she should give Qadha for the obligatory fasts missed by her due to Hayz. This includes even those fasts which had beenWajib upon her on the fixed days because of Nadhr, but she could not keep because of Hayz.

Issue 476: * If the time for prayers sets in and a woman knows, or considers it probable, that if she delays offering prayers she will become Haaez, she should offer prayers immediately.

Issue 477: * If a woman delays offering prayers on exact time, allowing a lapse equal to the time required for offering one Salat together with Wudhu or tayammum, and then she becomes Haaez, she will have to give Qadha for that Salat. And in calculating the time, the extraneous things like praying quickly or slowly and other matters have to be considered individually. For example, if a woman who is not a traveller delays her Salat of Zuhr, the Qadha will be obligatory for her if time equal to performing four rak'ats of prayers along with Wudhu or tayammum passes away from the exact time of Zuhr and then she becomes Haaez. And for one who is a traveller the passage of time equal to performing two rak'ats along with Wudhu or tayammum is sufficient.

Issue 478: If a woman is Clean (tahir/pak ) from Hayz when the time for prayers is nearing its end, and has at her disposal time which suffices for Ghusl and performing one rak'at or more, she should offer the prayers and if she fails to do so she should offer its Qadha.

Issue 479: * If a Haaez finds that she does not have sufficient time for Ghusl, but she can offer prayers within the prescribed time after performing tayammum, the obligatory precaution is that she should offer that prayer with tayammum, and even if she did not offer that prayer it will be obligatory for her to offer its Qadha. Again, if tayammum is incumbent upon her due to other reasons, like, if water is harmful for her, she should

perform tayammum and offer that prayer, and if she does not offer it, she will have to give its Qadha.

Issue 480: If after becoming Clean (tahir/pak ) from Hayz, a woman doubts whether or not she has time left for the prayers, she should offer the prayers.

Issue 481: * If after becoming Clean (tahir/pak ) from Hayz a woman does not offer prayers under the impression that she does not have time to make necessary preparations for prayers and to offer even one rak'at, but understands later that she did have time for the purpose, she should offer Qadha.

Issue 482: It isMustahab for a Haaez that when it is time for Salat, she makes herself Clean (tahir/pak ) by washing away blood, and changing the pad. Then she should make Wudhu or tayammum, whichever is applicable, and sit at the place meant for prayers facing Qibla and busy herself in recital, supplication and salutations (Salawat).

Issue 483: It is Makrooh for a haaez to read the holy Qur'an, or keep it with herself, or touch with any part of her body the space between its lines. It is also Makrooh for her to dye her hair with “henna” or any other thing like it.

Types of Women in Hayz

Issue 484: There are six types:

• Woman having the habit of time and duration: A woman who sees blood in each of the two consecutive months at a particular time and for a fixed number of days. For example, in each month blood may be seen from the 1st up to the 7th of the month.

• Woman having the habit of time: A woman who sees blood in each of the two consecutive months at a particular time but the number of days varies. For example, in two consecutive months her blood starts coming on the 1st of the month but she becomes Clean (tahir/pak ) on the 7th day in the first month and on the 8th day in the second month.

• Woman having the habit of duration: A woman who sees blood in each of the two consecutive months for a particular number of days but the time of commencement is not the same. For example, in the first month the blood is seen from the 5th to the 10th of the month and in the second month from the 12th to the 17th of that month.

• Muztariba: A woman who has seen blood for a few months but who has not formed a habit or whose former habit has been disturbed and has not formed a new one.

• Mubtadiya: A woman who sees blood for the first time.

• Nasiya: A woman who has forgotten her habit.

Some Further Details are Given Below About Haaez:

Issue 485: * Women having the habit of time and duration are of two types: First, a woman who sees blood in two consecutive months at a particular time for a particular duration. For example, she sees blood on the 1st of each month and becomes Clean (tahir/pak ) on the 7th of each month. Her habit of Hayz will be from first to seventh of every month.

Second, a woman who sees blood in each of the two consecutive months at a particular time and after 3 or more days she may be Clean (tahir/pak ) for one or more days and the blood is seen again; but the total number of days during which the blood is seen as well as those during which she remains Clean (tahir/pak ) does not exceed 10 days; and in each month the total number of days during which blood is seen, and the intervening days during which she is Clean (tahir/pak ) must be same. In such a case the habit of the woman will be counted according to the days during which blood is seen, not including the intervening days during which she remained Clean (tahir/pak ). It is not, however, necessary that the intervening days during which she remains Clean (tahir/pak ) should be identical in each month. For example,if in the 1st month blood is seen for 3 days from the 1st to the 3rd of the month and then she remains Clean (tahir/pak ) for 3 days whereas in the 2nd month the blood comes for 3 days and then it stops coming for 3 days and is seen again for 3 days and the total number of days during which the blood is seen is six, then this woman will be classified as having a fixed habit of six days. If the number of days during which blood is seen varies in the second month, then she is one with fixed time but not fixed duration.

Issue 486: * If a woman who has a fixed habit of time, irrespective of whether she has a fixed habit of duration or not, sees blood on time or a day or two earlier that blood will be Hayz even if it does not bear the signs of Hayz. Therefore, she will act according the rules applied to a Haaez. And if it transpires that it was not Hayz, for example, if she becomes Clean (tahir/pak ) before three days, then she should give Qadha for the acts of Ibadaat which she has left out.

Issue 487: * If a woman having the habit of time and duration sees blood during all days of her fixed habit plus a few days before and after, and if the total number of days does not exceed 10, all of it is Hayz. And if it exceeds 10 days, then only the blood seen during the days of habit is Hayz and the rest will be Istihaza, and she should give Qadha of the acts of worship which she did not perform during the days before and after her habit. And if she sees blood on all the days of her habit as well as a few days earlier, and if the total number of the days does not exceed 10, all of it is Hayz. And if it exceeds ten days, then blood seen during the days of habit will be Hayz, even if it did not have the signs of Hayz, and the blood seen earlier will be classified as Istihaza even if it had the signs of Hayz. She will offer Qadha for the prayers left out during those earlier days. And if she sees blood during her days of fixed habit plus a few days after her habit, and if the total does not exceed ten days, all of it is Hayz. But if it exceeds ten days, then the blood seen during habitual days will be Hayz, and the rest is Istihaza.

Issue 488: * If a woman who has the fixed habit of time and duration, sees blood on some days of her habit and also a few days earlier and if the total number of days does not exceed 10 days, all of it is Hayz. And if the number of days exceeds 10 she will add the number of days within her habitual time to the earlier days and complete her fixed duration. Those will be the days of Hayz, and the rest will be Istihaza.

And if she sees blood during some of her habitual days plus some days later, and if the total number of days does not exceed ten, then all of it will be Hayz.

And if the total exceeds ten days then she will add the number of her habitual time to the later days so as to complete her fixed period of duration. These will then be the days of Hayz, and the rest will be classified as Istihaza.

Issue 489: * If a woman has a fixed habit of Hayz and if she sees blood for 3 days or more, and then it stops and is thereafter seen again, and the gap between the two discharges is less than 10 days, and if the total number of days in which blood was seen together with the intermediary period in which it stopped exceeds 10 days (e.g. when blood is seen for 5 days and then stops for 5 days and is again seen on the following 5 days) then it has various rules:-

• If the blood, all or part thereof, seen in the initial days was during the days of her habit and the blood seen later in the second phase after her temporary state of being Clean (tahir/pak ) did not come during the days of her habit, then she should treat her first blood to be Hayz and the second one as Istihaza.

• If the blood seen in the initial days is not during the days of her habit but the second blood, all or part therof was seen in the days of her habit, then she should treat the entire second blood to be Hayz and the first as Istihaza.

• If she saw the first and the second blood during the days of her habit, and if the first blood did not last for less than 3 days, then that period along with the intervening days when she was Clean (tahir/pak ) will be period of Hayz, provided that the total period covered by them does not exceed 10 days. And as per obligatory precaution, she will do all that a Clean (tahir/pak ) lady does and refrain from all that a Haaez is forbidden to do during the intervening period. And some of the blood which she continues to see after the days of her habit will be classified as Istihaza. But the blood which she may see a day or two earlier than her habitual time can be Hayz, as it customarily occurs in some cases of women with fixed habit. But if she finds that by counting the earlier discharge as Hayz, the blood which she saw in the second phase during her habitual period will be counted out of the ten days limit then she will consider the earlier discharge as Istihaza. For example, if her habit was to see blood on 3rd to 10th of every month, and during any one month the habit changed and she saw blood from 1st to 6th, and then remained Clean (tahir/pak ) for two days. Thereafter, she saw blood again till 15th. The rule will be that the blood seen from 1st to 10th is Hayz, and that seen from 11th to 15th is Istihaza.

• If she sees the blood in both phases during her habitual days, but blood seen in the initial days is for less than three days, then it is plausible that she may add the days of earlier discharge to complete three days, and treat the period as Hayz. Then the second blood which also fell during habitual days will be counted as Hayz, provided that the total of the first and second phase, together with the intervening days of pause does not exceed ten days.

In certain situations, she has to regard all the blood seen in the initial period as Hayz, but there are two conditions for that:-

    1. The discharge seen earlier than the habitual days must be customarily expected.

    2. By considering the whole initial period as Hayz, blood seen in the second phase of habitual days is not excluded from ten days' maximum. For example, if a woman has a habit of seeing blood from 4th to 10th of every month, and she saw it earlier, say, from 1st to 4th, and then there was a brief period when blood stopped, say, for two days. And again it continued upto 15th. The rule is that all blood seen in the first phase is Hayz, and in the second one, blood seen upto the tenth will be Hayz. The rest will be Istihaza.

Issue 490: If a woman with fixed habit of time and duration fails to see blood in her habit, and sees it earlier or later, it will be considered as Hayz if it comes for the equal number of days, and bears the signs.

Issue 491: * If a woman who has the habit of time and duration sees blood in her habit for three or more days, but for less than her usual number of days and then her blood stops and thereafter is seen again for days equal to the number of days of her habit, she will treat the whole period, including the intervening days, as one Hayz, if it does not exceed ten days. But if the number of intervening days during which she is Clean (tahir/pak ) from blood is ten days or more, then each period of bleeding will be regarded as a separate period of Hayz.

And if the intervening gap is less than 10 days, but the total of first, second and intervening period exceeds ten days, then the first phase will be Hayz, and the second one Istihaza.

Issue 492: If a woman who has fixed habit of time and duration sees blood for more than 10 days, the blood which she sees during the days of her habit is Hayz, even though it may not have the signs of Hayz, and the blood which is seen after the days of her habit is Istihaza even though it may have the sign of Hayz. For example, if the blood of a woman whose habit is from the 1st to the 7th of the month is seen from the 1st to the 12th of a particular month, the blood which is seen during the first 7 days will be Hayz and that which is seen during the remaining 5 days will be Istihaza.

Women Having the Habit of Time Only

Women having the habit of time are of two types:

Issue 493: First, a woman who sees blood in each of the two consecutive months on a given day, and then becomes Clean (tahir/pak ) after a few days. The duration of blood varies in each month. For example, if the blood is seen on the 1st of each month but stops on the 7th in the first month and on the 8th in the second month, her habit of time will be the first of every month.

Second, a woman who sees blood in two consecutive months on a given day, for, say 3 or more days and then it stops and thereafter is seen again, but the total number of days does not exceed ten days. However, the number of days during the 2nd month is either more or less than the days in the 1st month. For example, if the blood is seen on the 1st day of each of the two consecutive months but the total duration of days is 8 in the 1st month and 9

in the 2nd month, she should treat the 1st of the month to be her habit of time.

Issue 494: * If a woman who has the habit of time but the duration of her hayz is not constant, sees blood on her habitual time or two or three days earlier, she will treat herself as Haaez, and act according to the details given in rule no. 486. But if the blood is seen much earlier, so much so that it would not be considered as customary, or if she sees it very late, she will treat herself as Haaez if the blood bears the signs of Hayz. Similarly, she will consider it as Hayz if she is sure that the bleeding will continue for three days, even if the blood bears no semblance of Hayz.

And if she is not sure whether this sort of bleeding will last for three days or not, then as per obligatory precaution, she will do all those acts which are wajib for a Mustahaza, and refrain from all those acts which are forbidden to Haaez.

Issue 495: * If a woman with the fixed habit of time sees blood on her habitual time for more than 10 days and if she is unable to determine the exact duration of Hayz from its signs, then as a precaution, she will follow the habit of her paternal or maternal relatives, irrespective of whether they are living or dead; provided that:

1. the state of her relative does not differ sharply from her state. She, as a young and active person, cannot compare with the habit of an old lady, or the one nearing menopause.

2. She does not compare herself to a woman in her family whose habit is totally different from the habit of the others in the family.

The above rule also applies to a woman of fixed habit of time who fails to see blood on time, and sees it out of the days of her habit for more than 10 days and is unable to discern from the signs.

Issue 496: * A woman with fixed habit of time cannot shift her Hayz to any period outside her habitual time. Therefore, if her commencing time is fixed on the first of every month, with a varying duration of five or six days, and then suddenly she sees blood for twelve days, and she is unable to recognise the signs to determine the duration of Hayz, she will take the first day of the month as the beginning and as for the duration, she will resort to the foregoing rule (495). And if she is aware of her final or middle days of habit, and if the total number of days exceeds ten, she will arrange the duration of Hayz in such a manner that her final or middle days fall within the habitual time.

Issue 497: * If a woman with a fixed habit of time sees blood for more than ten days, and is unable to determine the nature of blood as explained in rule no. 495, then she will be free to decide upon any number of days which she feels could be her days of Hayz. It is recommended that she fixes seven days, and in so doing she must keep in mind her habit of commencement, as mentioned in the foregoing rules.

Women Having the Habit of Fixed Duration

Women having the habit of duration are of two types:

Issue 498: * First, a woman whose duration of Hayz in two consecutive months is same but the commencing times differ. In such circumstances her

habit of duration will be the number of days during which blood is seen. For example, if blood is seen from the 1st to the 5th of the 1st month and from the 11th to the 15th of the 2nd month her duration habit will be 5 days.

Second, a woman who sees blood in two consecutive months for 3 or more days, and then it stops for a day or two before it starts again, though the time of commencement of blood varies in the 2nd month from that of the 1st, her duration habit will be the number of days during which blood is seen, provided that the total number of the bleeding and Clean (tahir/pak ) days does not exceed ten and that the duration period in both the months remains equal. As a measure of precaution, in the intervening days, she will do all that is obligatory upon a lady who is Clean (tahir/pak ), and also refrain from all those acts which a Haaez is forbidden to do. For example, if during the 1st month she sees blood from the 1st to the 3rd day and then it stops for 2 days and then sees again for 3 days, and in the 2nd month she sees it from the 11th to the 13th and then it stops for 2 days and then sees it her duration habit will be six days. And if the duration in two consecutive months is not constant, like, if she sees blood for 8 days in the first month and for 4 days in the next, then a pause, and again bleeding starts making the total 8 days by including the intervening days, then such a woman cannot be classified as woman with fixed duration. She will be Mudhtariba, whose rules will be discussed later.

Issue 499: * If a woman with the fixed habit of duration sees blood for less or more days than her habitual duration, but the number of those days does not exceed 10 she should treat them as Hayz. And if it exceeds 10 days and the nature of blood remains same throughout, then she will calculate her habitual duration from the day bleeding began, and treat it as Hayz. But if the nature of blood changes, with some days showing signs of Hayz and others showing signs of Istihaza, then there can be three possibilities:-

1. if the number of days in which blood shows signs of Hayz tallies with the habitual duration, then she will take those days as of Hayz, and the rest as Istihaza.

2. if the number of days in which blood shows signs of Hayz exceeds her habitual duration, then she will take her habitual duration as Hayz, and the rest as Istihaza.

3. if the number of days in which blood shows signs of Hayz is less than her habitual duration, she will add some days to complete her duration and take that period as Hayz, and treat the rest of the days as of Istihaza.

Mudhtaribah

Issue 500: * Mudhtaribah is a woman who may have seen blood for some months, but did not form a fixed habit, neither of time nor of duration. If such a woman sees blood for more than 10 days, and if the nature of blood remains same, either resembling Hayz or Istihaza, then she will be classified among those women who, despite fixed habit of time, see blood in unusual period, and is also unable to distinguish the signs of one from the other.

As a measure of precaution, she will refer to the prevailing habits among her relatives and adopt it. And if that is not possible, she will fix any

reasonable number, neither less than 3 days nor more than ten days, as explained in rules nos.495 and 497.

Issue 501: * If Mudhtaribah sees blood for more than ten days, and if for some days the blood has the signs of Hayz and during other days has the signs of Istihaza, and if the blood which has the signs of Hayz is not less than 3 days nor more than 10 days, then all of it is Hayz. The rest will be Istihaza.

And if the blood bearing the signs of Hayz is for less than 3 days or more than 10 days, she will follow the rule explained in the foregoing clause for the sake of determining the number of days in Hayz.

And if after having determined her Hayz period, she again sees blood before completing 10 days of being Clean (tahir/pak ), again with the signs of Hayz, she will treat this new emission as Istihaza.

Mubtadea

Issue 502: * Mubtadea is a woman who sees blood for the first time. If she sees it for more than ten days and all the blood has common signs then she should refer to the prevailing habit among her relatives and consider her corresponding duration as Hayz and the rest as Istihaza, keeping in view two provisions in rule no. 495. And if even that seems impossible, then she will be free to fix a certain duration as explained in rule no. 497.

Issue 503: * If a Mubtadea sees blood for more than ten days, some bearing the signs of Hayz and other that of Istihaza, and if the blood with the signs of Hayz is seen for not less than three and not more than ten days, then all that blood is Hayz. But if she sees blood again before the expiry of ten days and even that blood resembles Hayz, for example, if dark blood is seen for five days and yellowish blood is seen for nine days, and dark blood is seen again for five days, then she should treat the first blood as Hayz and the rest as Istihaza, as explained in the case of Mudhtaribah.

Issue 504: * If a Mubtadea sees blood for more than 10 days, some of which bearing signs of Hayz and other having signs of Istihaza, and if the blood with the signs of Hayz is seen for less than 3 days, she will treat it as Hayz, and for determining the duration of it she will follow as stated in rule no. 501.

Nasiya

Issue 505: * Nasiya is a woman who has forgotten her habit of time and duration, and such women are of various types.

One of them is a woman who had a fixed habit of duration, and has now forgotten it. If she sees blood for three or more days, not exceeding ten, she will treat all of it as Hayz.

But if she sees blood for more than ten days, then she is classified as Mudhtaribah, and she will follow rule nos. 500 and 501, with one difference. While determining her duration, she must know that the duration she is fixing is not less than her usual habit, nor can she fix a longer duration than her usual habit.

Similar is the case of a woman who had a fixed duration, but it slightly varied each month, for example, she saw blood for six days, and at times for seven days in a month. Such a woman, if she is unable to decide on the basis

of signs, or the habit of her relatives etc. then she should fix her duration within the limits of six and seven days.

Various Rules Related to Hayz

Issue 506: * If a Mubtadea, a Mudhtaribah, a Nasiya and a woman with the fixed habit of duration, see blood with the signs of Hayz, or are certain that the discharge would last for three days, they must abandon the obligatory prayers. But if they later understand that it was not Hayz, they have to give the Qadha of the prayers they did not perform.

Issue 507: If a woman has a fixed habit of Hayz, either of time or of duration or of both, and if she sees blood for two consecutive months contrary to her usual habit in which she finds that the time, the duration or both coincide then she has formed a new habit. For example, if previously she saw blood from 1st to 7th of a month but during these two months she saw it from the 10th to 17th, then the period from 10th to 17th of the month will be her new habit.

Issue 508: “One month” means the expiry of 30 days from the date of commencement of Hayz and not the period from the first to the last date of a month.

Issue 509: If a woman usually sees blood once in a month, but in a particular month she sees it twice with signs of Hayz, and if the number of intervening days during which she remained Clean (tahir/pak ) is not less than 10 she should treat both as periods of Hayz.

Issue 510: If a woman sees blood with signs of Hayz for 3 or more days and thereafter for 10 or more she sees blood with the signs of Istihaza and again she sees blood with signs of Hayz for 3 days, she should treat the first and last bleeding as Hayz.

Issue 511: * If a woman becomes Clean (tahir/pak ) before the expiry of 10 days and feels that there is no blood in her interior part she should do Ghusl for the acts of worship although she may have a feeling that blood might appear once again before the completion of 10 days. And if she is absolutely sure that she will see blood before the lapse of 10 days, even then, as a matter of precaution, she should do Ghusl and perform her Ibadaat, but she will refrain from doing those acts which are forbidden to a Haaez.

Issue 512: * If a woman becomes Clean (tahir/pak ) before 10 days but feels that there might be blood in her interior part, she should insert cotton and wait for some time to find out. If she finds out that she has become Clean (tahir/pak ) she should take bath and perform her acts of worship. And if she finds out that she has not become Clean (tahir/pak ) totally, and she does not have a fixed habit of Hayz or if her habit is 10 days, or if she has a fixed duration which is not yet completed, then she will wait. If she becomes Clean (tahir/pak ) before ten days, she will do Ghusl. If she becomes Clean (tahir/pak ) on completion of 10 days, or if her bleeding exceeds ten days, then she will do Ghusl at the end of tenth day.

And if her habit is for less than 10 days, and she is sure that the blood will cease before ten days are over, or by the end of the tenth day, she must not do Ghusl till then. And if she has a feeling that her bleeding might exceed ten days, it is a recommended precaution that she avoids acts of

worship for a day, or upto the tenth day. But this rule applies to those women who have had continuous bleeding before the days of her habit. Otherwise, it is not permissible to neglect Ibadaat after the days of habit are over.

Issue 513: If a woman treats the blood she saw during certain days as Hayz and did not perform her acts of worship and comes to know later that it was not Hayz, she should give Qadha of the lapsed prayers, and fasts, which she left out. And if she performs acts of worship under the impression that the blood is not Hayz but realises later that it was Hayz, then the fasts kept in those days will be void and therefore she should give Qadha of those fasts.