434. A mustaÎÁÃah who has performed the ghusl that is obligatory upon her, is permitted to go to the mosque, stay in it, recite a verse of the Qur’an that obligates a sajdah, or have intercourse with her husband, even though she may not have performed some of the acts that she used to perform prior to praying, such as changing the cotton and pads. The stronger view is that these acts are also permissible without performing ghusl, although the more precautionary measure is to avoid it.
435. If prior to the time of prayer, a woman in the state of istiÎÁÃah kathÐrah or mutawassiÔah wishes to recite a verse that obligates a sajdah, or wants to go to the mosque, or her husband wants to have intercourse with her, the recommended precaution is that she should perform ghusl.
436. The prayer for signs (ÒalÁt al-ÁyÁt) is obligatory on a mustaÎÁÃah, and to perform it, she should first perform all the duties that were mentioned for daily prayers. Precaution dictates that if she is in the state of istiÎÁÃah kathÐrah, she should also perform wuÃÙ.
437. Whenever the prayer of signs becomes obligatory on a mustaÎÁÃah during the time allocated for one of the daily prayers, she should perform the duties of a mustaÎÁÃah separately for the daily prayer and the prayer for signs, even though she may want to pray one immediately after the other.
438. A mustaÎÁÃah should delay praying her qaÃÁ prayers until she is purified. If the time left for offering the qaÃÁ prayers is nominal, for every qaÃÁ prayer she should perform all the duties that are obligatory upon her for performing adÁ prayers.
439. If a woman knows that the blood being discharged by her is not the blood from a wound, but does not have the rulings of Îayà or nifÁs according to the sharia, then she should act according to the rulings of istiÎÁÃah. In fact, if she doubts whether it is the blood of istiÎÁÃah or another blood, and given that it does not have the signs of the other blood, based on obligatory precaution she should perform the duties of a mustaÎÁÃah.
Íayà is the blood that is usually discharged from a woman’s womb on a monthly basis for a few days. When a woman observes the blood of ÎayÃ, she is known as a ÎÁÞiÃ.
440. The blood of Îayà is usually thick, warm, dark or red in colour, and is discharged with pressure and minor irritation.
441. A woman who completes sixty lunar years becomes a yÁÞisah, and if she observes blood, it is not considered the blood of ÎayÃ. The obligatory precaution is that upon completing fifty lunar years, and until completing sixty, she should combine the rulings of a yÁÞisah and a non-yÁÞisah, be she a qurashiyy or a non-qurashiyy. Therefore, if she observes (blood with) the signs of Îayà during this interval, or observes blood during the days of her regular menses, the obligatory precaution is that she combine the prohibitions of a hÁÞià and the obligations of a mustaÎÁÃah.
442. The blood that is observed by a girl who has not completed nine lunar years is not the blood of ÎayÃ.
443. It is possible for a pregnant woman or a woman who is breastfeeding to observe the blood of ÎayÃ, and there is no difference in the rules of Îayà between a woman who is pregnant and one who is not. The obligatory precaution is that a pregnant woman who observes blood with the qualities of Îayà after twenty days have passed from the beginning of her (previous) menses, should combine the prohibitions of a ÎÁÞià and the obligations of a mustaÎÁÃah.
444. If a girl does not know whether she has completed nine lunar years or not, and she observes blood which does not have the signs of ÎayÃ, then it does not count as the blood of ÎayÃ. However, if it has the signs of ÎayÃ, it is the blood of ÎayÃ, and she has completed nine years according to the sharia.
445. If a woman does not know whether she is a yÁÞisah or not, and she observes blood for which she does not know whether it is the blood of Îayà or not, she should treat herself as a non-yÁÞisah.
446. The period of Îayà cannot be less than three days, nor can it be more than ten days.
447. The first three days of Îayà must be consecutive. Therefore, if for example, she observes blood for two days, and it stops flowing for a day, and then she observes it again for another day, it is not ÎayÃ. The recommended precaution is that in cases such as the aforementioned example, she should combine the prohibitions of a ÎÁÞià with the obligations of a mustaÎÁÃah.
448. At the onset of ÎayÃ, the blood must flow out. However it is not necessary for the blood to flow out for all the three days: rather, it is sufficient for the blood to be internally present, though it will not be sufficient if it remains in the womb. Therefore, if a woman stops bleeding for a short period within those three days, in a manner that is common between women, it will still count as ÎayÃ.
449. It is not necessary for a woman to observe blood on the first night, nor the fourth night. However, the blood should not cease to flow on the second and third night. Therefore, if the blood continuously flows starting from the adhÁn of fajr on the first day until the sunset of the third day, it undoubtedly is ÎayÃ. It similarly is Îayà if it starts to flow at some point during the day on the first day, and stops at the same time of the day on the fourth day. However, if it starts at the sunrise of the first day, and stops at the sunset of the third day, the obligatory precaution is that she should combine the prohibitions of a ÎÁÞià with the obligations of a mustaÎÁÃah.
450. If a woman observes blood with the qualities of Îayà for three consecutive days, and it ceases to flow, and thereafter she observes blood with the qualities of Îayà once again, and the sum of the days that she was bleeding and the days that she was not is less than ten, then the days that she was not bleeding will also be counted as ÎayÃ.
The same will apply if the blood is observed during the days that coincide with her regular menses.
451. If a woman observes blood that does not flow for less than three days or more than ten days, but cannot distinguish whether it is the blood from a wound or a boil, or the blood of ÎayÃ, she should treat it as the blood of Îayà if it has the qualities of ÎayÃ, or it is observed during the days that coincide with her regular menses. In cases other than these two, she should not treat it as Îayà if she knows that her previous state (prior to observing the blood) was Taharah (purity), or does not know her previous state. However, if she was previously in the state of ÎayÃ, she should treat it as Îayà as long as it is canonically possible to treat the blood from her previous state, combined with the doubtful blood, as the blood of ÎayÃ.
452. If a woman observes blood, and has yet to complete three days, but cannot distinguish whether it is the blood from a wound or a boil, or the blood of ÎayÃ, and the blood does not contain the qualities of ÎayÃ, nor does it coincide with her regular menses, she should treat it as Îayà if she was previously—as elaborated in the previous article—in the state of ÎayÃ. If she wasn’t, she should continue to perform her acts of worship.
453. If a woman observes blood, and doubts whether it is the blood of Îayà or istiÎÁÃah, she should treat it as Îayà if it fulfills the conditions of ÎayÃ.
454. If a woman observes blood and cannot distinguish whether it is the blood of Îayà or blood from a broken hymen, she should either inspect herself, or act on precaution by combining the prohibitions of a ÎÁÞià with the obligations of a woman who is purified. To inspect herself, she should insert a cotton ball in the vaginal area, leave it there for a short while and then remove it. If the blood only stains the sides of the cotton ball, it is the blood from the hymen, and if it covers its entire surface, it is the blood of ÎayÃ.
455. If a woman bleeds for less than three days, after which she stops bleeding, and then bleeds again for three days which coincide with her regular menses, or her discharge has the qualities of ÎayÃ, then the blood from her second discharge will be the blood of ÎayÃ. As for the first discharge, it will not be treated as Îayà even if it coincides with her regular menses.
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.
462. If a person has intercourse multiple times with a ÎÁÞiÃ, the recommended precaution is that he should pay a kaffÁrah for each time he had intercourse.
