456. The following things are forbidden for a ÎÁÞiÃ:
a. Acts of worship which must be performed with wuÃÙ, ghusl or tayammum, like prayers. The prohibition with respect to these acts of worship implies that it is not permissible to perform them with the intention that it is an act commanded by the sharia or desired by it. However, it is permissible to perform the acts of worship which do not require wuÃÙ, ghusl or tayammum, like the prayer for the dead.
b. All the acts which are forbidden for one in the state of janÁbah, as elaborated in the section on the rules of janÁbah.
c. To engage in vaginal intercourse, regardless of whether the penetration is less than the point of circumcision or not, and whether ejaculation occurs or not. The prohibition applies to both the man the woman involved. Obligatory precaution dictates that one should also refrain from engaging in anal intercourse with a ÎÁÞiÃ. Other than intercourse, all other forms of pleasure, including kissing and foreplay, are permitted.
457. It is also forbidden to have intercourse with a woman who may not definitely be in the state of ÎayÃ, but has to treat herself as such according to the sharia. Therefore, if a woman bleeds for more than ten days, and based on the rulings which will elaborated later, has to determine her Îayà based on the menses of her relatives, her husband cannot have intercourse with her during those days.
458. If a man has intercourse with his wife while she is in the state of ÎayÃ, based on recommended precaution, he should pay 18 chickpeas of coined gold as kaffÁrah if it occurs in the first part of her ÎayÃ. If it occurs in the second part, he should pay 9 chickpeas of coined gold, and if it occurs in the third part, he should pay 4.5 chickpeas of coined gold.
For example, if a woman observes the blood of Îayà for six days, and her husband engages in intercourse with her on the night or day of the first or second day, he should pay 18 chickpeas of coined gold. If he has intercourse on the night or day of the third or fourth day, he should pay 9 chickpeas of coined gold, and on the night or day of the fifth or sixth day, 4.5 chickpeas of coined gold.
There is no kaffÁrah due on the woman.
459. Based on recommended precaution, a man should pay kaffÁrah—as elaborated in the previous article—for engaging in anal intercourse with a ÎÁÞiÃ.
460. If it is not possible to procure coined gold, a person should pay its value instead. If its value on the day he wishes to give it to a poor person differs from its value on the day he had intercourse, he should give kaffÁrah based on its value on the day he wishes to give it to a poor person.
461. If a person has intercourse with his wife in the first, second and third part of her ÎayÃ, based on recommended precaution, he should pay the sum of all three kaffÁrahs, which is equivalent to 1.75 mithqÁl of gold coins.
463. If a man realizes that the woman has become ÎÁÞià while he is engaged in intercourse with her, he should pull out from her immediately. If he fails to do so, the recommended precaution is that he should pay the kaffÁrah.
464. If a person commits adultery with a ÎÁÞiÃ, or has intercourse with a ÎÁÞià who is not maÎram to him, mistaking her for his wife, the recommended precaution is that he should pay the kaffÁrah.
465. The recommended precaution is that a person who cannot afford to pay the kaffÁrah should give charity to a poor person. If he cannot afford even that, he should seek forgiveness.
466. If a person has intercourse with a ÎÁÞià out of ignorance—given that he is an excusable ignorant—or out of forgetfulness, he does not have to pay the kaffÁrah. To claim the same for a culpable ignorant is problematic.
467. If a person believes that a woman is in the state of ÎayÃ, and has intercourse with her, but later finds out that she was not a ÎÁÞiÃ, he does not have to pay the kaffÁrah.
468. Divorcing a woman who is in the state of Îay×as it will be elaborated in the section on the rules of divorce—is invalid.
469. If a woman claims that she is in the state of ÎayÃ, or is no longer in the state of ÎayÃ, her claim should be accepted.
470. If a woman becomes a ÎÁÞià in the midst of prayer, her prayer will be invalidated.
471. If a woman doubts in the midst of prayer whether she has become a ÎÁÞià or not, her prayer is valid. If she realizes after the completion of prayer that she had in fact become a ÎÁÞià in the midst of her prayer, her prayer will be invalid.
472. Once a woman is purified from the blood of ÎayÃ, it is obligatory upon her to perform ghusl for prayer, and all other rituals of worship which require wuÃÙ, ghusl or tayammum. The method of performing the ghusl is like that of the ghusl of janÁbah. The recommended precaution is that she should also perform wuÃÙ prior to performing ghusl.
473. Once a woman is purified from the blood of ÎayÃ, divorcing her is valid, even if she has not performed her ghusl. Her husband can also have intercourse with her. However, the obligatory precaution is that the vaginal area should be washed prior to intercourse. The recommended precaution is that the man should abstain from having intercourse with her prior to ghusl, especially if he is not intensely longing for it. As for the other acts which were forbidden for her in the state of ÎayÃ, like staying in a mosque or touching the script of the Qur’an, they do not become permissible for her until she performs ghusl.
474. If the water is not sufficient for performing ghusl and wuÃÙ, but is sufficient for performing ghusl, one should perform ghusl. The recommended precaution is that she should perform tayammum in lieu of wuÃÙ. If the water is sufficient for wuÃÙ only, and not enough for ghusl, she should perform wuÃÙ with it, and perform tayammum in lieu of ghusl. If there is no water available for either of them, she should perform two tayammums, one in lieu of ghusl and the other in lieu of wuÃÙ.
475. There is no qaÃÁ for the prayers that a woman did not offer whilst she was in the state of ÎayÃ. The ruling for the prayer for signs will be mentioned in article 1514. She must however, fast the qaÃÁ of the fasts of the month of Ramadan. As for the fast which becomes obligatory due to a specific nadhr—meaning that she makes a nadhr to fast on a particular day—and that day coincides with her ÎayÃ, obligatory precaution dictates that she should fast its qaÃÁ.
476. Whenever the time for prayer sets in, and a woman knows that if she delays offering her prayer, she will become a ÎÁÞiÃ, she must offer her prayer immediately. Based on obligatory precaution, the same will apply if she speculates (that she will become a ÎÁÞiÃ).
477. If a woman delays offering prayer from its prime time, and a period of time elapses which is sufficient for offering one prayer which possesses (all) the conditions and is divested from the obstacles of its validity (in accordance to her own state), and thereafter she becomes a ÎÁÞiÃ, it will be obligatory on her to offer the qaÃÁ of that prayer. Based on obligatory precaution, the same will apply if she has enough time to offer a prayer in the state of purity from Îadath , albeit by performing tayammum, even though she may not possess some of the other conditions, such as a covering or purity from khabath .
478. If a woman is purified from bleeding towards the end of the allocated time of prayer, and is afforded enough time to perform ghusl and one rak‘ah of prayer or more, she should offer the prayer. If she fails to do so, she must offer its qaÃÁ.
479. If a ÎÁÞià does not have enough time to perform ghusl after she becomes pure, but is able to offer prayer with tayammum, the obligatory precaution is that she should offer the prayer with tayammum. In the event that she fails to do so, its qaÃÁ will not be obligatory on her. However, if her duty to perform tayammum is due to another reason—for example, if the water is harmful for her—it is obligatory that she perform tayammum and offer the prayer. In the event that she fails to do so, it is obligatory on her to offer the qaÃÁ.
480. If a ÎÁÞià doubts after becoming pure whether she has enough time to perform her prayer or not, she should perform it.
481. If she does not offer her prayer, thinking that she does not have enough time to perform the prerequisites of prayer and offer at least one rak‘ah of it, only to realize later on that she in fact did have enough time, she must offer its qaÃÁ.
482. At the time of prayer, it is recommended for a ÎÁÞià to make herself ÔÁhir from the blood, change her cotton and pad, perform wuÃÙ, and be seated in a ÔÁhir area facing the qiblah, engaging herself in tasbÐÎ, tahlÐl and taÎmÐd for the period it takes to offer the prayer. If she cannot perform wuÃÙ, she should perform tayammum instead.
483. It is makrÙh for a ÎÁÞià to dye herself with henna or any similar dye, or to cause any part of her body to touch the spaces between the script of the Qur’an. However there is no harm in carrying the Qur’an with herself, or reading from it.
