جمعه: 1403/01/10

Rules for the Haa’ez

 

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

Prayers and other similar acts of worship for which Wudhu or Tayammum or Ghusl is necessary. However, there is no harm in her performing those acts of worship for which Wudhu, Tayammum or Ghusl are not obligatory (e.g. Namaz-e-Mayyit).
All those acts which are forbidden for a Junub and have been mentioned earlier.
Having sexual intercourse; it is Haraam for man as well as for woman even if only the penis glans may penetrate, and even if semen may not be discharged. In fact, as per obligatory precaution, the male should refrain from insertion even to an extent lesser than the point of circumcision, and should also refrain from anal intercourse with the wife in the state of Hayz, since it is highly abominable.

457. Sexual intercourse is Haraam even 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 the number of days when the woman is in the state of Hayz is divided into three parts, then if a man has sexual intercourse with his wife in the first part, then it

 

is Mustahab rather it is highly recommended that he should give 18 Nukhud[1] of gold as Kaffara, and if it is carried out in the second part then the Kaffara would be 9 Nukhud and if it is carried out in the third and the final part then the Kaffara would be 4.5 Nukhud. For example: if Hayz lasts for 6 days and her husband has sexual intercourse with her during the 1st and 2nd days or nights, then it is Mustahab rather it is highly recommended that he should pay gold weighing 18 Nukhud, and during the 3rd and 4th days and nights, he should pay gold weighing 9 Nukhud and for the 5th and 6th days and nights he should pay gold weighing 4.5 Nukhud.

459. It is better to pay in gold coins, and if it is not possible, then it is sufficient that he pays its equivalent value.

460. 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.

461. If a man has sexual intercourse with his wife in the first, second and third stage of Hayz, then it is Mustahab rather it is highly recommended that he should give Kaffara for all the three, totaling 31.5 Nukhud gold.

462. If a man has had repeated sexual intercourse with a Haa’ez woman after giving Kaffara, then again he should pay Kaffara for each time and it is Mustahab, rather it is highly recommended that he should give Kaffara again.

463. If a man repeatedly has sexual intercourse with a Haa’ez woman, and has not given Kaffara amidst each time he had sexual intercourse, as per recommended precaution, he should give Kaffara for every time he had sexual intercourse with a Haa’ez woman.

464. If a man realizes during the course of sexual intercourse that the woman has become Haa'ez, he should withdraw from her immediately.

465. If a man commits fornication with a Haa'ez woman or has sexual intercourse with a Haa'ez woman who is not his 'Mahram' under the impression that she is his wife, as per recommended precaution, he should pay Kaffara.

 

466. If one is not able to give Kaffara, he should seek Divine forgiveness, and as per recommended precaution, whenever he becomes capable, he should give away Kaffara.

467. If a woman is divorced while she is in the state of Hayz, as will be explained in the rule relating to divorce, the divorce is void.

468. If a woman says that she is Haa'ez, or claims to have become Pak from Hayz, her statement should be accepted.

469. If a woman becomes Haa'ez while she is in Namaz, her Namaz will become void.

470. If a woman has doubt while offering prayers whether or not she has become Haa'ez, her prayer is in order.

471. If she realizes after offering prayers that she had actually become Haa'ez during the prayers, her prayers will be void.

472. After a woman becomes Pak from Hayz, it is obligatory for her to perform Ghusl 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. However, for Namaz she should perform Wudhu before or after Ghusl. It is better that she performs Wudhu before Ghusl.

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. As per recommended precaution, the man should avoid having sexual intercourse with her before she has performed Ghusl. However, until she has had Ghusl, other acts like staying in a Masjid and touching the writings 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 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 two Tayammum, one for Ghusl and another for Wudhu.

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.

 

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 Haa'ez, 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 Haa'ez, as per obligatory precaution, she will have to perform 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 traveler 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 Haa'ez. And for one who is a traveler 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 Wudhu and other requirements for Namaz, such as changing clothes or washing it and performing one Rak'at or more, she should offer the prayers and if she fails to do so, she should offer its Qadha. However, if she only has time to perform obligatory Taharat and one Rak’at, as per obligatory precaution, she should offer Namaz with Taharat, even if she does not have enough time at her disposal to perform other requirements of Namaz, and if she fails to do so, she should offer its Qadha.

479. If a Haa'ez finds that she does not have sufficient time for Ghusl and Wudhu, but she can offer prayers within the prescribed time after performing Tayammum, it is not obligatory on her to offer that prayer with Tayammum, however, 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.

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 finds out later that she did have time for the purpose, she should offer Qadha.

482. It is Mustahab for a Haa'ez that when it is time for Namaz, she makes herself Pak by washing away blood, and changing the pad and performs Wudhu, and if she cannot perform Wudhu she should perform Tayammum and should sit at the place

 

meant for prayers facing Qibla and indulge herself in recital, supplication and salutations (Salawat).

483. It is Makrooh for a Haa'ez to read the holy Qur'an, or keep it with herself, or touch with any part of her body the space between its lines or borders. It is also Makrooh for her to dye her hair with "henna" or any other thing like it.

 

 

[1] Nukhud: is a weighing scale for gold and silver in Shariah. 18 Nukhud, 9 Nukhud and 4.5 Nukhud is approximately 3.6 gram, 1.8 gram and 0.9 gram respectively.

 

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Friday / 29 March / 2024

Islamic Laws (Taudheeh Al-Masail)