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 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 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 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 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 Pak. It is not, however, necessary that the intervening days during which she remains 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 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.
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 Pak before three days, then she should give Qadha for the acts of Ibadaat which she has left out.
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.
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.
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 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 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 Pak will be period of Hayzovided that the total period covered by them does not exceed 10 days. And as per obligatory precaution, she will do all that a Pak lady does and refrain from all that a Haaez orbidden 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 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.
(i)The discharge seen earlier than the habitual days must be customarily expected.
(ii)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.
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.
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 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.
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:
493. First, a woman who sees blood in each of the two consecutive months on a given day, and then becomes 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.
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.
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:
(i)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.
(ii) 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.
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.
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:
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 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 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.
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:-
(i)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.
(ii)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.
(iii)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
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.
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 Pak, again with the signs of Hayz, she will treat this new emission as Istihaza.
Mubtadea
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.
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.
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
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
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.
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.
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.
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 Pak is not less than 10 she should treat both as periods of Hayz.
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.
511. * If a woman becomes 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.
512. * If a woman becomes 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 Pak she should take bath and perform her acts of worship. And if she finds out that she has not become 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 Pak before ten days, she will do Ghusl. If she becomes 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.
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.
Nifas
514. From the time when the child birth takes place, the blood seen by the mother is Nifas, provided that it stops before or on completion of the tenth day. While in the condition of Nifas, a woman is called Nafsa.
515. The blood which a mother sees before the appearance of the first limb of the child is not Nifas.
516. It is not necessary that the baby is fully grown. Even if a deficient baby is born, the blood seen by the mother for ten days will be Nifas. The term 'Child birth' must be applicable to it.
517. It is possible that Nifas blood may be discharged for an instant only, but it never exceeds 10 days.
518. If a woman doubts whether she has aborted something or not, or whether the thing aborted is a child or not, it is not necessary for her to investigate, and the blood which is discharged in this situation is not Nifas.
519. On the basis of precaution, halting or pausing in a masjid and other acts which are haraam for a Haaez are also haraam for a Nafsa and those acts which are obligatory for a Haaez are also obligatory for a Nafsa.
520. Divorcing a woman who is in the state of Nifas and having sexual intercourse with her is haraam. However, if her husband has sexual intercourse with her it does not involve any Kaffara.
521. * When a woman becomes Pak from Nifas, she should do Ghusl and perform acts of worship. And if she sees blood again, once or often, and the total number of days on which blood is seen and the intervening days during which she remains Pak is 10 or less than 10, then all of it will be Nifas. In the intervening days, as a precaution, she will perform all that is obligatory
for a Pak woman and also refrain from all acts which are forbidden to a woman in Nifas. So, if she had kept fasts, she will give their Qadha.
And if the blood which she saw later exceeds ten days then there can be two situations:
if the woman does not have a fixed habit of duration, then she will count the first ten days as Nifas, and the rest as Istihaza.
and if she has fixed habit of duration, then, as a precaution, the blood which she sees after the habitual days of duration will require her to act as a Mustahaza, and also avoid all that is forbidden to a woman in Nifas.
522. If a woman becomes Pak from Nifas, but feels that there might be blood in the interior part, she should insert some cotton, and wait till she finds out. If she finds herself Pak then she should do Ghusl for the acts of worship.
523. * If Nifas blood is seen by a mother for more than 10 days and she has a fixed habit of Hayz, then her Nifas will be equal to the duration of Hayz and the rest would be Istihaza. And, if she does not have a fixed habit of Hayz, she would take ten days as those of Hayz, and treat the rest as Istihaza.
For a woman who has a fixed habit of Hayz, it is a recommended precaution to act as a Mustahaza from the day after her habit is over, and at the same time refrain from acts forbidden to one in Nifas till 18th day. And for a woman with no fixed habit of Hayz, this recommended precaution applies from the tenth to the eighteenth day since the child birth.
524. * If the habit of Hayz of a woman is less than 10 days and blood is seen for more days than the days of her Hayz, she should treat the days equal to the days of her Hayz as Nifas. After that, she has a choice either to leave out her Namaz or act according to the rules of Istihaza, but it is better to leave out Namaz for a day. And if the blood continues to be seen even after 10 days, then all the days in excess of her habit, upto the tenth day, will be Istihaza and she should give Qadha of the acts of worship which she did not perform during those days. For example, if the Hayz duration of a woman has always been 6 days and her blood comes for more than 6 days, she should treat 6 days as Nifas and on the 7th, 8th, 9th and 10th day, it will be her choice either to abstain from all acts of worship or adopt the rules of Istihaza. And if she sees blood for more than ten days, all the days in excess of her habitual duration of Hayz will be treated as the days of Istihaza.
525. * If a woman, with a fixed habit of Hayz sees blood continuously for a month or more after giving birth to a child, the blood seen for the days equal to her Hayz habit will be Nifas, and the blood seen after that for ten days will be Istihaza, even if it coincides with the dates of her monthly Hayz.
For example, there is a woman whose fixed Hayz habit is from 20th to 27th of every month.
She gives birth on the 10th of a given month, and she continues to see blood for a month or more; her Nifas will be seven days, equal to her Hayz days, and will be from 10th to 17th of that month; now, the blood which she continues to see from the 17th onwards for ten days will be Istihaza, even though it falls in her days of Hayz habit.
After the lapse of 10 days, if bleeding continues, then it is Hayz if it falls in the days of habit, irrespective of whether it has the signs of Hayz or not.
And if bleeding does not occur in the days of Hayz habit, she will wait till the days of her habit, even if it means waiting for a month or more and even if blood has the signs of Hayz.
And if she has no fixed habit of commencement time of Hayz, she should make an effort to recognise her Hayz by its signs; and if that is not possible, because the blood seen after Nifas remains of one type for a month or more, then she will adopt the habit prevailing among her relatives to determine the days of Hayz. And, if that also is not possible, then she has an option of fixing her days of Hayz. These details have been dealt with in the discussions about Hayz.
526. * If a woman does not have a fixed habit of duration, and if after giving birth she sees blood continuously for a month or more, the rules contained in no. 523 will apply to the first 10 days; and as for the next 10 days it is Istihaza. And as regards the blood seen thereafter, it can be either Hayz or Istihaza, and in order to ascertain whether it is Hayz, she will follow the rule stated in the foregoing clause.