The Laws of Haiz Istihaazah & Nifaas

 

Duration of Nifaas
We have already explained in the book on Haidh what Nifaas (postnatal
bleeding) refers to. We will thus discuss the laws related to it.
Law: There is no fixed minimum period for Nifaas. If a female bleeds even
for a single moment after the baby has emerged more than halfway then
that bleeding will be regarded as Nifaas. The maximum duration for Nifaas
is 40 days and nights. The duration for Nifaas will be counted from the
moment the baby has come out more than halfway. Whenever we refer to
the baby being born in this chapter, it will be referring to the baby
emerging more than halfway out.
Law: If a female bled for more than 40 days and if this is her first child or if
she is not able to remember how long she bled for when having her last
baby, then 40 days and nights will be counted as Nifaas and whatever days
are more than this, will be regarded as Istihaaza. If she has a habit in
regards to Nifaas and she is able to remember this then the day’s equivalent
to the habitual bleeding during Nifaas will be regarded as Nifaas and the
remaining days will be regarded as Istihaaza. In other words, if it was her
habit to bleed for 30 days and this time she bled for 45 days then in this
case 30 days will be regarded as Nifaas and 15 days will be regarded as
Istihaaza.
Law: The blood which comes before the child was born is not regarded as
Nifaas but is Istihaaza even if the baby has come out halfway.
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Law: If a female miscarried and some limbs of the child have been formed,
such as the hands, feet or fingers etc. then this bleeding will be regarded as
Nifaas, otherwise if it remained for 3 days and nights and 15 days of ‘Tuhur’
has passed before this then it is regarded as Haidh. However, if it stopped
before the end of 3 days or if the full 15 day purification period has not as
yet finished then it is regarded as Istihaaza.
Law: If the child is removed in a caesarean (C-section, where the stomach
is cut open to remove the baby) then the bleeding will be counted as Nifaas
after the baby has been removed more than halfway.
Law: If she bled a little before having a miscarriage and then she bled after
the miscarriage; the blood which came before the miscarriage is Istihaaza
and the bleeding after the miscarriage is Nifaas. This is in the case when
some limbs have been formed; otherwise if the first bleeding qualifies as
Haidh it will be regarded as Haidh or else it will be regarded as Istihaaza.
Law: If she had a miscarriage and is not able to recognise whether any limbs
were formed or not and neither does she know how many months pregnant
she was (i.e. by which one would be able to ascertain whether any limbs
were formed or not, because if 120 days have passed then it will be
understood that the limbs were formed) and if after the miscarriage she
bled continuously, then the ruling which is for Haidh in such a case will be
applicable to her.
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In other words, once the days according to her habitual cycle pass, she
should perform Ghusl and commence with Namaaz and if she did not have
any set habit then she should take Ghusl after 10 days and all the other
rules are based on that which have already been explained in the chapter
on Haidh.
Law: A female who had twins born to her (i.e. there is less than a 6 month
gap between the birth of both) then it will be regarded as Nifaas after the
first child has been born. Then, if the second was born within the 40 days
of the first baby and she bled then the blood from the first birth upto 40
days will be regarded as Nifaas and thereafter it will be regarded as
Istihaaza. If the second child was born after 40 days then the blood that
came after the second child is Istihaaza and not Nifaas but she will still be
commanded to make Ghusl after the birth of the second child as well.
Law: A female who had 3 children born to her (triplets) and the gap
between the first and second child is less than 6 months and the gap
between the second and the third is less than six months then even though
the gap between the first and the third child is of six months, Nifaas will be
counted from the birth of the first child.
If the two others were also born within the 40 days then after the first upto
40 days it will be regarded as Nifaas and if they were born after 40 days then
the bleeding after this will be regarded as Istihaaza. However even after
this she will be commanded to make Ghusl.
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Law: If there is a gap of 6 months or more than 6 months between both of
them then the bleeding after the second child is also Nifaas.
Law: If she bled for some days and didn’t bleed for some days within the 40
days, all will be regarded as Nifaas even if there is a 15 day gap between
bleeds (as long as it is within the 40 days).
Law: The rulings regarding the colours of Nifaas are the same as that of
Haidh.
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Laws Regarding One Who
Is In Haidh and Nifaas
Law: It is Haraam for a menstruating female or one in postnatal bleeding to
recite the Qur’an either by looking or from memory. She is also not
permitted to touch the Holy Qur’an, its cover, pages or sides be it with the
hand, fingertips, fingers or with any part of her body as this too is regarded
as being Haraam.
Law: It is also Haraam to touch any piece of paper on which a Surah or even
an Ayat (verse) is written.
Law: If the Qur’an is kept in a Juzdaan (casing) then there is no harm in
touching the Juzdaan.
Law: Whilst in this condition it is also Haraam for her to touch the Qur’an
with the lower portion of the Kurta (dress), or with the ends of the scarf,
or with any other cloth which she is wearing or using to cover herself. Thus
basically, the ruling in regards to touching the Qur’an-e-Majeed and all
other Deeni Kitaabs is the same as that which applies to a person who is in
need of a Fard bath. This has already been explained in detail in the chapter
on Ghusl.
Law: If a Mu’allima (Female Islamic Teacher) has Haidh or Nifaas then in
this case she should teach by reading each word separately by breaking
them up taking breaths. There is also no harm in spelling the words out.
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Law: It is Makruh to recite Dua-e-Qunoot whilst in this condition. Dua-eQunoot is from كُ َ
ن
ْ

عِ
َ
ت
ْ
َس
َا ن
ّ
ن
ِ
ا
َ
ّ
ُم
ْق to up اَلله
ِح
لْ
ُ
َ ِارم
ّ
بِالُْكف
Law: With the exception of reciting the Qur’an, it is not only permissible
but also Mustahab (desirable) without any objection to recite all other
Azkaar (words of remembrance) such as the Kalima Shareef and Durood
Shareef etc. It is however better to make Wudu or to rinse the mouth before
reciting these. If one reads these without Wudu or without rinsing the
mouth it is still regarded as being permissible. There is also no objection to
touching these as well.
Law: It is permissible for a female in these conditions to respond to the
Azaan.
Law: It is Haraam for a female in this condition to enter the Masjid.
Law: There is no harm if she entered the Masjid due to fear for a wild animal
or due to fear for a thief but she should perform Tayammum. Similarly, if
there is water kept in the Masjid or if there is a well inside and there is no
water available anywhere else then it is permissible for her to perform
Tayammum and then enter the Masjid.
Law: There is no harm in her entering the Eid-Gah (Area set aside for
performing Eid Prayers).
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Law: It is permissible for her to stretch out her hands to take something
from the Masjid.
Law: To enter the Holy Kaaba and to make Tawaaf of the Kaaba even if it is
from outside the Masjid-e-Haraam is Haraam for women in this condition.
Law: If the last (final) time of Namaaz has approached and she has not as
yet performed her Namaaz and she began menstruating or she gave birth
to a baby; then the Namaaz of that time is pardoned even if the time was so
limited that there was no way to perform a Namaaz in it.
Law: If she began menstruating or gave birth whilst in Namaaz then that
Namaaz is pardoned (i.e. it is excused and there is no Qaza for it). However,
if it was a Nafil Namaaz then its Qaza is Waajib (compulsory).
Law: She should perform Wudu and engross herself in Zikr-e-Ilaahi, Durood
Shareef and other Waza’if in the times of Namaaz equivalent to the amount
of time it takes to perform that Namaaz, so that the habit of being in Ibaadat
remains.
Law: If a menstruating female bled for less than 3 days, she should keep her
fasts and make Wudu and perform her Namaaz. There is no need to make
Ghusl. Then if she bleeds again within 15 days, she should not make Ghusl.
She should subtract the days of her habitual period and make Qaza for the
remaining days. A female who does not have a habitual cycle should make
Qaza for all the Namaaz after 10 days. However, if a female who has a
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habitual cycle or one who does not have a habitual cycle made Ghusl after
10 days then the Namaaz of those days will be valid. There is no need to
perform any Qaza. She should keep Qaza for the fasts that came before the
days of her habitual cycle. The fasts that are after this are regarded as being
valid.
Law: If a female stopped bleeding after 3 days and nights but the days of
her usual habitual cycle have not ended as yet or the bleeding of Nifaas
stopped before the habitual bleeding period during Nifaas for her, then in
this case she should perform Ghusl immediately after it stops. She should
not wait for her habitual days to come to an end.
Law: If the bleeding exceeds her habitual days then she should wait for 10
days in Haidh and 40 days in Nifaas. If the bleeding stops within this
duration then she should take a Ghusl and commence her Namaaz. If the
bleeding continued even after this duration then too she should take a bath
and she should make Qaza of the Namaaz for the remaining days after the
habitual cycle.
Law: If the Haidh or Nifaas stopped before the habitual days ended then she
should wait until the final Mustahab time (of the Namaaz). Thereafter she
should make Ghusl and perform her Namaaz. If the habitual days have
ended then there is no need to wait.
Law: If her Haidh ends after the full 10 days and the Nifaas after the full 40
days and the amount of time remaining for a Namaaz is sufficient in which
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to say the words ‘Allahu Akbar’, then the Namaaz of that time has become
Fard upon her. After taking a bath she should make Qaza of that Namaaz. If
the bleeding stopped even before this and there is sufficient time to quickly
take a bath, change her clothes and say ‘Allahu Akbar’ once; it will also
become Fard upon her. She should perform the Qaza if it expires. If this is
not the case, i.e. if there is not enough time to even say ‘Allahu Akbar’ once,
then there is no need to make the Qaza.
Law: If she became cleansed after a full 10 days and there is not sufficient
time of night left wherein she can say ‘Allahu Akbar’ once, then the fast of
that day is Waajib upon her and if she becomes cleansed in less time than
this but she has sufficient time to take a bath, change her clothes and say
‘Allahu Akbar’ before ‘Subho Saadiq’ then that fast is Fard upon her. It is
better for her to take a bath otherwise she may make Niyyat (intention) for
the fast even without taking a bath and she may take the bath in the
morning. If she does not have sufficient time as mentioned above (from the
time her bleeding stopped) then the fast of that day is not regarded as being
Fard upon her. However, it is Waajib upon her to behave in the manner in
which those who are fasting behave. It is Haraam for her to do anything
which is contrary to a person who is fasting, such as to eat or drink etc.
Law: If Haidh or Nifaas started whilst she was fasting that fast will be
nullified. The Qaza for that fast should be kept. If it was a Fard fast, then it
is Fard to keep the Qaza and if it was a Nafil fast, then to keep the Qaza is
Waajib.
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Law: Sajdah-e-Shukr and Sajdah-e-Tilaawat are Haraam whilst in this
condition and if she hears ‘Ayat-e-Sajdah’ in this condition it is not Waajib
upon her to perform the Sajdah.
Law: If she was clean when she went to sleep but when she woke in the
morning she noticed signs of Haidh then the command of Haidh will be
given from that moment forth. If she had not as yet read her Esha Namaaz,
it is Fard for her to make the Qaza for it once she becomes cleansed.
Law: If a female who is in Haidh slept at night but when she woke in the
morning there is no sign of Haidh on the duvet or mattress etc. then she
will be regarded as being clean as of that night. She should take a bath and
make Qaza for her Esha Namaaz.
Law: Sexual intercourse in this condition (i.e. when a female is
menstruating or in postnatal bleeding) is Haraam.
Law: To regard sexual intercourse as being permissible in this condition
amounts to kufr (infidelity) and if one regarded it as Haraam but still did it
then one is severely sinful for this. It is Fard upon one to repent for this. If
one had intercourse during the beginning of the period it is Mustahab to
give one dinar in Khairaat and if it was done close to the end of the period
then it is Mustahab to give half a dinar as Khairaat (alms/compensation).
Law: It is not permissible for a male to touch the body of a female with any
part of his body from her naval to her knees whilst she is in this condition
if there is no cloth between them, be this whilst aroused or not. If there is
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something between them that does not allow him to feel the warmth of her
body there is no harm in touching.
Law: There is no harm in touching any part above the naval or below the
knee or taking any benefit from any of these areas. Similarly, there is no
harm in lying together or kissing.
Law: There is no harm in allowing her to eat with you or sleep next to you.
To abstain from sleeping next to her because of this reason is Makruh
(disliked).
Law: A female is permitted to touch every part of the male’s body whilst in
this condition.
Note: It must be noted that wherever we mention a male being permitted
to touch a female or a female being permitted to touch a male, in this
chapter, it refers to husband and wife touching each other. For a man to
touch a female who is not his wife or for a female to touch a man who is
not her husband is a serious offence and a sinful act.
Law: If one feels that by sleeping together with her will cause one to be
aroused and one will not be able to control his feelings, then it is better to
sleep separately. However, if one definitely thinks (i.e. if he knows that
there is a predominant likelihood) that he will not be able to control his
feelings then in this case it is sinful to sleep together with her.
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Law: If the Haidh remained for a full 10 days then from the moment she
becomes cleansed it is permissible to have intercourse with her even if she
has not made Ghusl as yet. However, it is Mustahab (desirable) for him to
be intimate with her after she has prayed her Namaaz, i.e. after she has
taken Ghusl.
Law: If she became clean in less than 10 days then until such time that she
does not make Ghusl or the time of that Namaaz in which she became
cleansed does not pass, intercourse with her is impermissible. If the
remaining time (in which she became cleansed) was not sufficient time in
which she could take a bath, have a change of clothes and say Allahu Akbar
then it is permissible to have intercourse with her when the Namaaz time
has passed or after she makes Ghusl. With the exception of either of these
intercourse is not permitted.
Law: If her cycle has ended before her habitual amount of days then even
if she makes Ghusl intercourse is not permitted until the duration of her
habitual cycle ends. For example, if her cycle usually lasts for 6 days and
this time it only lasted for 5 days then in this case she is commanded to
perform Ghusl and start her Namaaz but it is Waajib (compulsory) for her
to wait one more day before having intercourse.
Law: If she became cleansed from Haidh but she has no water at her
disposal with which she may perform Ghusl; in this case if she made
Tayammum for Ghusl then intercourse with her is not permitted until such
time that she does not perform Namaaz with that Tayammum. After
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performing Namaaz with that Tayammum, intercourse with her is
permissible even though she now has water at her disposal but did not use
it to make Ghusl.
Important Note: In the above mentioned issues the ruling in regards to
Nifaas is the same as that of Haidh.
Law: It is permitted for a female to come out of the maternity home whilst
she is in Nifaas. There is no harm in allowing her to eat with you or to eat
her leftovers. In some places in India etc. some females even keep
completely separate eating plates etc. for themselves and these plates etc.
are regarded as being equivalent to utensils that are Najis (impure). These
are Hindu customs and it is essential for us to abstain from such frivolous
customs. It is also a practice amongst some women that until the entire
duration (of 40 days) does not come to an end even if they are clean before
this duration neither do they read Namaaz and nor do they regard
themselves worthy of reading Namaaz. This is mere ignorance. The
moment the Nifaas ends she should perform Ghusl and commence with
Namaaz. If there is a definite fear of illness due to bathing then she should
make Tayammum.
Law: If she has not as yet delivered the child more than halfway and the
time of Namaaz is expiring and she believes that before the child is
delivered more than halfway, the time will definitely expire then she
should read the Namaaz of that time in whichever manner possible. If she
is not able to make Qiyaam, Ruku or Sujood then she should read the
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Namaaz by making gestures (signs) and if she is not able to make Wudu, she
should read it by making Tayammum. If she misses this Namaaz then she
has committed a sin. She should repent and after Tahaarat (purification),
she should make the Qaza of that Namaaz.

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