When a girl gets menses started or though menses has not started, but she becomes pregnant or though she has not been pregnant, but she commits sexual intercourse in dream and had a seminal discharge as well as taste of sexual intercourse... then in all these three state of affairs she attains puberty.

'Suam' and all other orders of *Shariah* (Code of Islaam) will be applied on her. In case, she has not yet experienced any one of the three things mentioned above but has now become fifteen years old, then also she becomes young (or attains puberty) and she will come under the laws, which are applied, on a young girl.

Istihâdah (Bleeding) and its Pertinent Rules

Istihâdah means continuation of the running of the blood out of the women either permanently or to be stopped for a very short period such as one or two days per month.

As evidence for the first instance in which the blood will continue permanently is as what has been mentioned in Sahih Al-Bukhâri conveyed from `Aishah may Allah Almighty be pleased with her, who said:

Fâtimah bint Abu Hubaish said to Allâh's Messenger peace be upon him. (O Allâh's Messenger, I am never in a state of cleanliness), and in another narration she said: (I have the blood of Istihâdah in a way which I never get cleaned thereof.

The evidence for the second case in which the blood does not stop except for a short period is the tradition of Hamna, the daughter of Jahsh may Allah Almighty be pleased with her who came to the Prophet peace be upon him and said:

I have the blood of Istihâdah as a severe and heavy one.

Imam Ahmad, Abu Dawood and At-Tirmidhi have narrated this tradition. Imâm Ahmad graded it as Sahih (a sound tradition) and others conveyed it as the same from him. It is also transferred from Imam Bukhâri who graded it as Hasan (a fair tradition).

The Conditions of the Woman who is in the state of Istihâdah (Bleeding)

Under this category we have three cases:

The First Case: If a woman has a known period of menstruation before being in Istihâdah. Such a woman should refer to the duration of her previous known menstruation and stick to this period. The rules of menstruation will eventually apply to her. As regards to the extra days it will be defined as Istihâdah, which in turn will take the rules of Istihâdah. As an example for the above case:

A woman who used to receive her monthly course for six days at the commencement of each month. However, it happened that the blood of Istihâdah attacked her and she started to have it continually. The rule is that such a woman will count her monthly period as only six days from the start of the month. The extra days will be considered as Istihâdah, which in turn will take the rules of Istihâdah.

The fact is expressed in parallel with the tradition of `Aishah may Allah Almighty be pleased with her that Fâtimah bint Abu Hubaish may Allah Almighty be pleased with her said:

O Messenger of Allâh! The blood of Istihâdah flows out of me heavily, as a result of which I never get cleaned. May I stop performing prayers?) He said: (No, because it is blood from vein, but stop performing the prayer for the number of days which will be equal to those during which you have been receiving your monthly period, then have a cleansing bath and offer the prayer. (Al-Bukhâri)

There is another narration in Sahih Muslim that the Prophet said to Umm Habibah bint Jahsh:

Stay a time equal to that time of your monthly period; thereafter have a cleansing bath, offer the prayer; and then do not care about the extra blood.

The Second Case: When the woman has no specified period of menstruation before being in Istihâdah in the sense that the blood of Istihâdah has been continued frequently with her since the first time she saw the blood running out of her. This woman with such a case will be in a position to use the method of distinguishing (differentiation), i.e., the period of menstruation will be distinguished by the blood being black or thick or of certain smell which all have the same rules applied to the blood of menstruation. The blood, which proved to be otherwise specified, will be distinguished as blood of Istihâdah having hereby its relevant rules.

As an example for the above point: A woman who at first saw the blood which continued to afflict her as black in color for ten days and remaining of the month as red in color. Or she sees it thick for ten days and thin for the remaining days of the month; or it smells with the scent of menstruation for the first ten days and the remaining days of the month without scent. Her monthly period will be then fixed (considered) when the blood is black as in the first example, and when the blood is thick as in the second example and the one with the scent as in the third example. The conditions other than the above will be specified as an Istihâdah.

This has been decided in accordance with the tradition of the Prophet peace be upon him when he said to Fâtimah bint Abu Hubaish:

The blood of the menstruation is known to be black. So if it is so, stop to offer your prayer. But if the blood was something different, then have your ablution and perform the prayer. Since it is blood from vein.

Narrated by Abu Dawood and An-Nasa'i and authenticated by Ibn Hibbân and Al-Hâkim. This tradition however, has some conservations (considerations) as to its chain of authorities and text, the `Ulama worked accordingly and it is better than to be referred to the course (custom) of the most of women.

The Third Case: When the woman has neither an established period of menstruation nor is in a position to distinguish her period properly in the way the blood of Istihâdah will be running continuously from the first moment she sees the blood.

This is besides that the blood will be of one quality or of confusing qualities, which cannot be a blood of menstruation.

The decision is that such woman will judge by analogy with the monthly course of most of the women, i.e., her period would be of six or seven days from every month starting from the first period during which she has the blood which otherwise will be as Istihâdah.

As an example thereof: The concerned woman sees the blood firstly on the fifth instance of the month frequently befalling her without being distinguished (specified) as to its color or as something else in a form to fit as the blood of menstruation. Hence, her monthly period will be six or seven days from the commencement of each month starting from the fifth day of the month. This keeps abreast with the tradition of Hamna bint Jahsh that she said:

O Messenger of Allâh, I have the blood of Istihâdah in such a severe and bloody form that it prevents me from offering prayer and fasting.) He said: (I prescribe you to use Al-Kursuf because it absorbs or removes the blood away.) She added: (The blood is much more than I mentioned.) The Prophet replied, (It is a kick of the Satan, so your period will be eventually six or seven days which will be in the knowledge of Allâh. After they pass, have a cleansing bath. When you see that you got purified and cleared, offer the prayer for 24 or 23 nights with days and fast for equal days.

The above Hadith is mentioned by Ahmad, Abu Dâwud and At-Tirmidhi. They all have graded it as Sahih (a sound tradition). Imâm Bukhâri graded it as Hasan (a fair tradition).

That the Prophet says six or seven days, it is not an option, but it is an endeavor to see around those ladies who are in analogy with her status, i.e., those who look like her as to figuration (constitution), age, and relationship rank and whose blood of menstruation is like her and other considerations.

Hence, and in view of the above, if it is thought that the period comes nearer to be six, it should be so, and if it is determined to be seven, she should make it seven days.

The Woman who is in a state similar to the bleeding one (Al-Mustahâdah)

A symptom may occur to the woman, which causes bleeding of the blood out of her vulva due to an operation on the womb or another organ. Such a woman will be classified under two types:

The First Type: It is to be aware that she will not be able to menstruate after an operation for the eradication of the womb in full or just closing it in the way to prevent running the blood there from.

The rules of the bleeding woman (Al-Mustahâdah) will not apply to the above woman, instead, the rules of the female who sees yellowness, dinginess or humidity after cleanliness. Consequently, she has neither given up the prayers and fasting nor stopped having intercourse. Also it is not incumbent upon her to have a cleansing bath due to dropping of this blood.

On the other hand, it is obligatory on her on the time of prayer to wash away such blood and to bind a piece of cloth around her vulva to prevent running out of the blood, then to have an ablution for offering the prayers.

Here, she should not start ablution for the obligatory prescribed prayer except after the time of this prayer has become due.

Regarding the absolute voluntary prayers she can otherwise make an ablution whenever she desires to offer such prayers.

The Second Type: It will not be known that menstruation will stop after the operation, but it is possible that she may get menstruated. Such a woman will have the same rule of the bleeding woman (Al-Mustahâdah) to be applied.

Rules of Bleeding (Istihâdah)

From the above foregoing, we already know when the blood will be a menstruation and when it will be a bleeding (Istihâdah). Thus, once it proved to be menstruation, it will take the rules of menstruation, and once it proved to be a bleeding (Istihâdah), it will take the rules of Al-Istihâdah accordingly.

The most important points pertaining to the rules of menstruation have already been mentioned. However, regarding the rules of the bleeding (Al-Istihâdah), they are like the rules of purification. There is no difference between the bleeding woman (Al-Mustahâdah) and the cleaned one, except for the following:

First: It is a duty on the bleeding woman to perform ablution for each prayer of the five obligatory prayers separately every day, even if she did not urinate or evacuate her bowels. This is evidenced by the tradition of the Prophet when he said to Fatimah bint Abu Hubaish:

Then have ablution for each fixed prayer. (Al-Bukhâri)

It means that she does not have to perform ablution for the fixed prayer unless its due timing has already started. However, if the prayer is not fix (but a voluntary) prayer, she can have ablution at the time she desires to perform.

Second: If she desired to perform ablution, she should first wash away the traces of the blood and then tie a piece of clothe around her vulva to retain the blood. This should be followed in response to the Prophet's saying to Hamnah:

I prescribe you Al-Kursuf (the cotton) because it removes away (absorbs) the blood. She said: (It is furthermore.) He replied: (Take a dress.) She added: (It is still furthermore).

The Prophet said: (Put a tie (bridle) around the vulva, and it will not harm you what will be going to run out of you thereafter.

This is because the Prophet said to Fâtimah bint Abu Hubaish:

(Avoid performing prayers during the period of menstruation, then have a cleansing bath and perform ablution for each fixed prayer separately, and lastly offer the prayer even when the blood has fallen out onto the mat.) (Ahmad and Ibn Mâjah).

Third: Sexual intercourse: The Islamic scholars differed about its permission, if man did not fear to commit fornication - the correct argument, it is permissible absolutely, since many women amounting to ten or more got bleeding in the life of the Prophet and nevertheless, neither Allâh Almighty nor His Prophet banned (forbade) having an intercourse with them. On the other hand, what Allâh said in the Noble Qur'aân (2:222):

They ask you concerning menstruation. Say: that is an Adha (a harmful thing for a husband to have a sexual intercourse with his wife while she is having her menses), therefore keep away from women during menses and go not unto them till they are purified (from menses and have taken a bath). And when they have purified themselves, then go in unto them as Allâh has ordained for you (go in unto them in any manner as long as it is in their vagina). Truly, Allâh loves those who turn unto Him in repentance and loves those who purify themselves (by taking a bath and cleaning and washing thoroughly their private parts, bodies, for their prayers).

This is obvious evidence that they should not be isolated in such states other than the state of menstruation. Also it is admissible for the bleeding woman to perform prayers, the fact in which intercourse will be an easier matter compared to the subject of prayers. It should be kept in mind that comparison will not be correct if it is made between practicing intercourse with the woman in state of bleeding, and that in the menstruation since they are not alike. Even to those who say that intercourse is forbidden. Consequently, analogy will be void when there is such differentiation.

Wasalaam

Your brother in Islaam