Request for Fatwa Form

Wrong captcha
×

Sent and will be answered

×

Sorry, You cannot send more then one fatwa per day.

Prayer / She had a miscarriage when the fetus was two and a half months old

She had a miscarriage when the fetus was two and a half months old

publish date : 2014-04-03 11:53 PM | Views : 1507
- Aa +

Question

Dear respected Shaykh, assalamu alaikum wa rahmatullahi wa barakatuh. A woman had a miscarriage while her fetus was two and a half months old. So what is the ruling regarding her prayer? And is she rewarded? أسقطت جنينها وعمره شهران ونصف الشهر

Answer

Praise be to Allah, and may Allah’s peace and blessings be upon the Messenger of Allah, his family and his companions.

As to what follows:

In response to your question, we say, and with Allah Almighty lies all success:

There is no effect of this on the state of purity of wudhu.  So the state of purity stays intact and is not nullified by this touch. Her touching impurity in the process of cleaning does not nullify her wudhu. And it is also not nullified by touching the child’s `awrah (private part), for if it did nullify, the Prophet (peace be upon him) would have made it clear.  As for what has been narrated regarding what the Prophet (peace be upon him) said about touching the private part, “He who touches his private part should make wudhu.”[1] This is in regards to touching out of lust, and wudhu in this case is mustahabb (recommended) by the consensus of scholars.  And it has also been narrated in a hadith by Talq bin `Ali that the Prophet (peace be upon him) said, when asked about a man touching his private part, “It is only a part of you.”[2] Meaning that a person touching his private part, or that of another person in this case, is only touching a part of his body and not touching out of lust. And this is, as in the context of the question, the case of a woman touching the private part when cleaning her son or cleaning her daughter. So there is no requisite of lust in this case, and it therefore does not nullify the wudhu, nor is it recommended to re-make wudhu. It is the same in the case if the question was about the ruling of touching najasah (impurity); does it nullify the wudhu? The answer is: No. Also, if the question was pertaining to the touching of the private part when cleaning a child and whether or not it nullifies the wudhu; the answer is: It does not nullify the wudhu.


[1]Sunan Abi Dawud (181), Musnad Ahmad (7076), Sahih Ibn Hibban (1116), al-Mustadrak (474), al-Mu`jam al-Kabir (3831).

[2]  Musnad Ahmad (4/22) (16329), Sahih Ibn Hibban (1120), Sunan al-Nasa’i (165), and graded as Sahih according to al-Albani.

Praise be to Allah, and may Allah’s peace and blessings be upon the Messenger of Allah, his family and his companions.

As to what follows:

In response to your question, we say, and with Allah Almighty lies all success:

The scholars have two views regarding this:

The first view: That it is not obligatory to change the diaper cloth at the time of every wudhu. This is the madh'hab of the Hanbalis, and the apparent opinion of the Hanafis and Malikis. [1]

The second view: That it is obligatory to change the diaper cloth at the time of every wudhu. This is the madh'hab of the Shafi`is.

The more predominant view is the first one. So it is not compulsory for the one who has a continuous impurity – of urinal incontinence or otherwise – to change the diaper cloth with every wudhu, because the Prophet (peace be upon him) did not command that for the mustahadah (one who has non-menstrual vaginal bleeding), and also because of the hardship and inconvenience that it consists of.

Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him) said, “This view is stronger, because in washing such cloths every time and drying them, or replacing them with clean ones, is great hardship, contrary to wudhu; and also because when the Prophet (peace be upon him) commanded her (the mustahadah) to make wudhu for every prayer, he did not mention washing the blood and the cloth placed at the vagina.” [2]

And Allah Almighty knows best.


[1]See: Fath al-Qadir, vol. 1, p. 185; al-Dhakhirah, vol. 1, p. 29; and Hashiyah al-Dasuqi, vol. 1, p. 184.

[2]Sharh al-`Umdah, p. 492.

Praise be to Allah, and may Allah’s peace and blessings be upon the Messenger of Allah, his family and his companions.

As to what follows:

In response to your question, we say, and with Allah Almighty lies all success:

In an authentic hadith, Abu Sa`id al-Khudri narrated that the Prophet (peace be upon him) said, “The Friday ghusl (bath) is compulsory for every (Muslim) who has attained the age of puberty.”[1] So he said, “The Friday ghusl,” thereby associating it with Friday, which is its day. Also, as in the hadith, “Whoever performs ghusl on Friday, bathes completely, and goes early, arriving early...”[2] So he made that on the day of Friday. Also, in the authentic hadith of `Abdullah bin `Umar, he stated the day of Friday. And in the hadith of Samurah bin Jundub, the Prophet (peace be upon him) said, “If any one of you performs wudhu (on Friday) that is all right; and if any of you takes a bath, that is better.”[3]

So all of the hadiths associate the performance of ghusl with the day of Friday, which begins with the starting time of Fajr. Therefore, the ghusl that one achieves the sunnah of taking Friday ghusl, is the one taken after the starting time of Fajr on Friday. This is the opinion of the majority of Islamic jurists. While Imam Abu Hanifah, as well as a group of the people of knowledge, are of the opinion that performing ghusl on the eve of Friday is also associated with the Friday ghusl, and this is close to the matter. However, what is more certain in achieving the sunnah is to perform ghusl after the beginning of Fajr.

And Allah knows best.


[1]Sahih Bukhari (858) and Sahih Muslim (1994).

[2]Sunan Abu Dawud (345), Sunan al-Tirmidhi (496), Sunan al-Nasa’i (1381), Sunan Ibn Majah (1087), and graded as Sahih according to al-Albani.

[3]Sunan Abu Dawud (354), Sunan al-Tirmidhi (497), Sunan al-Nasa’i (1380), Sunan Ibn Majah (1091), and graded as Sahih according to al-Albani.

Praise be to Allah, and may Allah’s peace and blessings be upon the Messenger of Allah, his family and his companions.

As to what follows:

In response to your question, we say, and with Allah Almighty lies all success:

It is not obligatory upon her to make up the prayers she left because she left them based upon a original rule. This is an important point of benefit for women, that is:  that the original rule for a woman’s bleeding is that it is menstruation. Allah Almighty said:

“And they ask you about menstruation. Say, It is harm.” [Al-Baqarah 2:222]

And harm is what Allah Almighty pointed out in the above verse [i.e. menstruation]. So the original rule for a woman’s bleeding is that it is menstruation. Thus, if she left off praying on the grounds of this original rule, then it is not obligatory upon her to make up the prayers she left, according to the correct opinion amongst scholars.

I will mention in this regard that which is reported in Bukhari, where Fatimah bint Abu Hubaysh asked the Prophet (peace be upon him), “I have persistent bleeding (in between the periods) and do not become clean. Shall I give up prayers?” He replied, “No, rather this is only from a blood vessel.”[1]So she used to leave off praying, as is mentioned in some narrations, and in some other narrations it is mentioned that she stopped praying for a long period of time. Also, in some narrations of the hadith, it is mentioned that she had abnormal bleeding for a period of seven years.

This proves that it is not obligatory to make up missed prayers for someone in this situation, because she did not consider them obligatory upon her. Furthermore, she left off praying on the grounds of the original rule, upon which bleeding prevents the performance of prayer. However, if she wishes to be on the safe side and make up her missed prayers, then this is up to her. As for the religious ruling on whether or not she is obligated to make up for the prayers she missed upon the assumption that it was menstruation, the answer is that there is no obligation upon her to do that, according to the more correct of opinions of the scholars.

And Allah knows best what is correct.


[1]Sahih Bukhari (228) and Sahih Muslim (779).

Praise be to Allah, and may Allah’s peace and blessings be upon the Messenger of Allah, his family and his companions.

As to what follows:

In response to your question, we say, and with Allah Almighty lies all success:

 

As for the nullifiers of wudhu, they are, as mentioned in the hadith of Abu Hurayrah (may Allah be pleased with him), that the Prophet (peace be upon him) interpreted what nullifies as being fasa’ and dirat, which are two terms used to describe the wind that emits from a person with a sound or without a sound. This is an example of what nullifies wudhu, as well as passing stool and urine. These are the nullifiers that are agreed upon by the people of knowledge.

There are other matters in which the scholars differed, such as eating camel meat, the ending time of wiping over socks, touching a woman, touching the private part and whatever is similar or related to such matters.

As for the nullifiers of fasting, they are as Allah mentioned:

“So now have sexual relations with them and seek that which Allah ordained for you [i.e. offspring], and eat and drink until the white thread [light] of dawn appears to you distinct from the black thread [darkness of night], then complete your fast till the nightfall.” [Al-Baqarah 2:187]

So Allah mentioned three matters forbidden for the fasting person, which are: sexual relations with women – which is intercourse – and then eating and drinking. These three nullifiers are agreed upon by the people of knowledge. They are also included in the hadith of Abu Hurayrah mentioned in Bukhari and Muslim, that Allah said in a qudsi hadith, “He (the fasting person) has abstained from food, drink and sexual pleasures for My sake…”[1]

And Allah knows best.


[1]Sahih Bukhari (1894) and Sahih Muslim (2763).

Praise be to Allah, and may Allah’s peace and blessings be upon the Messenger of Allah, his family and his companions.

As to what follows:

In response to your question, we say, and with Allah Almighty lies all success:

The scholars have different opinions on this matter. As for the opinion that seems most correct, and Allah knows best, the yellow and muddy discharge is not part of the menstrual blood at all, due to the hadith of Umm `Atiyyah in Bukhari; she said, “We did not consider the yellow or muddy discharge to be anything [i.e. of the menstrual blood].” [1] There is an addition in the narration of Abu Dawud, which is her statement, “After we became pure [of menses], we did not consider the yellow or muddy discharge to be anything [i.e. of the menstrual blood].” [2] However, this addition has been criticized by some of the people of knowledge.

According to what is correct, yellowish or muddy discharge is not menstruation, because it is not the harm that Allah Almighty referred to in His statement:

“And they ask you about menstruation. Say, It is harm. So keep away from (having sexual intercourse with) women during menses.” [Al-Baqarah 2:222]

And Allah knows best.


[1]Sahih Bukhari (326).

[2]Sunan Abu Dawud (307).

Messenger of Allah, his family and his companions.

Wa alaikum assalam wa rahmatullahi wa barakatuh.

As to what follows:

In response to your question, we say, and with Allah Almighty lies all success:

With regards to the reward, there is no doubt that every affliction that affects a believer in which he is patient, he will be rewarded. Allah Almighty is Generous and the Giver of All Benefits, and the Prophet (peace be upon him) said, as is recorded in the hadith narrated by `A’ishah (may Allah be pleased with her), “No calamity befalls a Muslim but that Allah rewards him for it, even if it was a prick he receives from a thorn.”[1]

This shows that when a person is afflicted by a trial, then he is rewarded for it if he seeks reward from Allah and is patient.

As for what pertains to the prayer, a miscarriage has several scenarios:

The first scenario: That the miscarriage takes place before development (morphogenesis), which would be before eighty days. In this case, this miscarriage does not have a ruling, and whatever blood is released is considered impure blood. This would not prevent her from praying or fasting.

The second scenario: That the miscarriage takes place after ninety days, then development would have taken place, and if it has done so, then this would take the ruling of blood of nifas (post-partum bleeding), which means that she cannot pray or fast.

The third scenario: Between eighty-one and ninety days; it could be possible that development took place or did not. So she should look at what type of blood comes out; if what comes out shows traces of the creation of a person, then this takes the ruling of the blood of nifas. However, if it looks like a lump of flesh that did not undergo development, then it would take the ruling of what occurs before eighty days, which would not prevent her from praying and fasting.

This categorization is traced back to the hadith narrated by `Abdullah bin Mas`ud (may Allah be pleased with him), in which the creation cycle of a human is mentioned, “The creation of you (humans) is gathered in the form of semen in the womb of your mother for forty days, then it becomes a clinging thing in similar (period), then it becomes a lump of flesh like that...”[2]

This lump of flesh has been categorized by Allah Almighty in the creation cycle of a human: developed and undeveloped.[3] Thus, the frame of reference for the ruling is on the development stage. If it was miscarried and shows evidence of the creation of a human, then this relates to the rulings concerning the blood of nifas. But if what was miscarried does not show evidence of the creation of a human, then the ruling here is that of impure blood which a woman normally experiences, and it does not take the ruling of the blood of nifas. Therefore, it should not prevent her from praying and fasting.


[1] Bukhari (5641).

[2] Bukhari (3208) and Muslim (6893).

[3] Refer to Surah al-Hajj 22:5.

 

Comments (0)

×

Do you really want to delete the items you've visited?

Yes, Delete