The Book ISLAMIC LAWS

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Women

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Rules for the Haeez

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

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.

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.

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.

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.

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.

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.

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

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.

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.

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.

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.

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.

469. If a woman says that she is Haaez, or claims to have become Pak from Hayz, her statement should be accepted, provided that she is not known to be unreliable.

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

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.

472. After a woman becomes 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.

473. After a woman has become 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.

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.

475. There is no Qadha for the Namaz 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 been Wajib upon her on the fixed days because of Nadhr, but she could not keep because of Hayz.

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.

477. If a woman delays offering prayers on exact time, allowing a lapse equal to the time required for offering one Namaz together with Wudhu or tayammum, and then she becomes Haaez, she will have to give Qadha for that Namaz. 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 Namaz 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.

478. If a woman is 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.

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.

480. If after becoming Pak from Hayz, a woman doubts whether or not she has time left for the prayers, she should offer the prayers.

481. If after becoming 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.

482. It is Mustahab for a Haaez that when it is time for Namaz, she makes herself 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).

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.