The Book ISLAMIC LAWS

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Women

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Women having the habit of fixed duration

Women having the habit of duration are of two types:

498.

  1. 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.

  2. 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:

  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

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.