ummtaalib Posted January 12, 2013 Report Share Posted January 12, 2013 EDITED BY UMMITAALIB: 16 September 2017 What is written below is according to the "old" Fatwa which is commonly given by Scholars and which is mentioned in many famous books of Hanafi fiqh. It was approved by Mufti Zubair Dudha sahib accordingly. According to this opinion a woman who commences a journey in the state of menstruation (and travels 48 miles or more) is not regarded a shar'ee traveller and therefore is required to perform full salaah at her destination after she attains purity even if her stay is less than 15 days. However a "new" Fatwa has been issued after recent research undertaken by Darul Uloom Karachi (See Post number 9 & 12 posted by Sister Bint e Aisha). According to this research a woman is regarded a traveller regardless of whether she commenced her journey in the state of menstruation or purity. She will perform Qasr at her destination if her stay is less than 15 days. Please red attached Fatwa for full explanation. According to scholars both views are available. Travel & Menstruation * If a woman commences a journey in the state of menstruation and travels 48 shar'ee miles or more in this state, she is not considered a Shar’ee traveller. She will perform full salaat upon gaining purity at her destination and not Qasr, regardless of the duration of her stay at the destination being less than 15 days. * If a woman commences a journey in the state of menstruation, but gains purity during the journey when there are 48 miles or more remaining to the destination, then she will perform Qasr at her destination if her stay is less than 15 days. However if she gains purity during the journey when there are less than 48 miles remaining to the destination, then she will not be considered a Shar’ee traveller and she will perform full salaat at her destination regardless of her stay being less than 15 days. * If a woman commences a journey in the state of purity and haidh begins before she leaves the boundary of her hometown, she will not be regarded as a traveller. She will perform full salaat upon gaining purity at her destination and not Qasr, regardless of the duration of her stay at the destination being less than 15 days. She will be considered a traveller only if haidh begins outside the boundary of her hometown and she will perform Qasr after attaining purity at the destination if the length of stay there is less than15 days. There are two conditions which need to be fulfilled for a woman to become a traveller by which the concession of Qasr salaat becomes applicable: 1. She must have the intention to travel 48 miles Note:48 Shar'ee miles is 55 English miles (54.1/2 Precisely). 2. She must leave her hometown/locality in the state of purity Checked by Mufti Zubair Dudha Islamic Tarbiyyah Academy Dewsbury 3 Link to comment Share on other sites More sharing options...
MUSLIM WOMAN Posted January 13, 2013 Report Share Posted January 13, 2013 is this according to Hanafi Madhab ? ok , just noticed it is in Hanafi fiqah section . Thanks sis for sharing . Did not know about it. Link to comment Share on other sites More sharing options...
ummtaalib Posted January 13, 2013 Author Report Share Posted January 13, 2013 Wa'alaykumus salaam yes, quite unknown ruling...it is not mentioned in the smaller publications Link to comment Share on other sites More sharing options...
MUSLIM WOMAN Posted March 25, 2014 Report Share Posted March 25, 2014 Travelling in the state of Haidh Q: My question is regarding a woman in haidh. If a woman is in haidh and she is going to travel, will the conditions of salaah apply to her? When she reaches her destination, and she becomes tahirah, will she read qasr salaah or she will first have to travel a safr distance from there in order to read qasr or will she have to count the number of days she will be staying there from the day she becomes pure inorder to read qasr? Kindly send me the reference as well. A: If she travels for 78km or more and throughout the journey she was in the state of haidh, then upon reaching the destination she will read complete Salaah. However, if during the journey she became pure and travelled for 78km or more while she was paak, upon reaching the destination she will perform qasr Salaah if she intends staying for less than 15 days at her destination. And Allah Ta'ala (الله تعالى) knows best. طهرت الحائض وبقي لمقصدها يومان تتم في الصحيح كصبي بلغ بخلاف كافر أسلم. قال الشامي: (قوله تتم في الصحيح) كذا في الظهيرية. قال ط وكأنه لسقوط الصلاة عنها فيما مضى لم يعتبر حكم السفر فيه فلما تأهلت للأداء اعتبر من وقته. (رد المحتار 2/135) فتاوى محمودية 11/613 Answered by: Mufti Zakaria Makada Checked & Approved: Mufti Ebrahim Salejee (Isipingo Beach) Link to comment Share on other sites More sharing options...
ummtaalib Posted December 16, 2014 Author Report Share Posted December 16, 2014 A Traveling Woman in Menses and Qasr Salaah Question: A woman is a Musafir. Her Haidh starts 2 days after she reaches her destination. She becomes paak after 4 days. Does she continue performing Qasr for the rest of her stay or must she perform full Salah? Answer: In the Name of Allah, the Most Gracious, the Most Merciful. As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh. Awoman may face one of two situations while undertaking a Sharī journey (15 days or more). Each one has its own ruling. The two scenarios are as follows: 1. She initiates her travel in a state of Haidh (menstruation). 2. She initiates her travel in a state of purity and experiences Haidh at a later stage. In the case where she starts her journey in a state of Haidh, if she becomes pure before reaching her destination and the distance between herself and her destination is Masaafah al-Safar (the distance that qualifies an individual to be Musaafir) or more, she will shorten her prayers (Qasr) during her trip. However, if after becoming pure, the distance between herself and her destination is less than Masāfah al-Safar, then she will perform all of her prayers in full. In this case, she will not be regarded as a Sharī traveler (Musāfirah). In the situation where she starts her travel in a state of purity and experiences Haidh at a later stage, she will be regarded as a Musāfirah. She will shorten her prayers for the remainder of her vacation after becoming pure from Haidh. This ruling will be applicable, whether she experienced Haidh during her travel or after reaching her destination.(1) Based on the above, the woman in reference only experienced Haidh after reaching her destination. Since she initiated her journey in a state of purity, she will be regarded as a Musāfirah and she will shorten her prayers (Qasr) after attaining purity. And Allah Ta’āla Knows Best Mufti Ebrahim Desai طَهُرَتْ الْحَائِضُ وَبَقِيَ لِمَقْصِدِهَا يَوْمَانِ تُتِمُّ فِي الصَّحِيحِ كَصَبِيٍّ بَلَغَ بِخِلَافِ كَافِرٍ أَسْلَمَ. (الدر المختار، ج 2، ص 13،سعيد) قال ابن عابدين في الحاشية: (قَوْلُهُ تُتِمُّ فِي الصَّحِيحِ) كَذَا فِي الظَّهِيرِيَّةِ. قَالَ ط وَكَأَنَّهُ لِسُقُوطِ الصَّلَاةِ عَنْهَا فِيمَا مَضَى لَمْ يُعْتَبَرْ حُكْمُ السَّفَرِ فِيهِ فَلَمَّا تَأَهَّلَتْ لِلْأَدَاءِ اُعْتُبِرَ مِنْ وَقْتِهِ. (قَوْلُهُ كَصَبِيٍّ بَلَغَ) أَيْ فِي أَثْنَاءِ الطَّرِيقِ وَقَدْ بَقِيَ لِمَقْصِدِهِ أَقَلُّ مِنْ ثَلَاثَةِ أَيَّامٍ فَإِنَّهُ يُتِمُّ وَلَا يُعْتَبَرُ مَا مَضَى لِعَدَمِ تَكْلِيفِهِ فِيهِ ط (قَوْلُهُ بِخِلَافِ كَافِرٍ أَسْلَمَ) أَيْ فَإِنَّهُ يَقْصُرُ. قَالَ فِي الدُّرَرِ لِأَنَّ نِيَّتَهُ مُعْتَبَرَةٌ فَكَانَ مُسَافِرًا مِنْ الْأَوَّلِ بِخِلَافِ الصَّبِيِّ فَإِنَّهُ مِنْ هَذَا الْوَقْتِ يَكُونُ مُسَافِرًا، وَقِيلَ يُتِمَّانِ، وَقِيلَ يَقْصُرَانِ. اهـ. وَالْمُخْتَارُ الْأَوَّلُ كَمَا فِي الْبَحْرِ وَغَيْرِهِ عَنْ الْخُلَاصَةِ. قَالَ فِي الشُّرُنْبُلَالِيَّةِ: وَلَا يَخْفَى أَنَّ الْحَائِضَ لَا تَنْزِلُ عَنْ رُتْبَةِ الَّذِي أَسْلَمَ فَكَانَ حَقُّهَا الْقَصْرَ مِثْلَهُ. اهـ. وَأَجَابَ فِي نَهْجِ النَّجَاةِ بِأَنَّ مَانِعَهَا سَمَاوِيٌّ بِخِلَافِهِ اهـ أَيْ وَإِنْ كَانَ كُلٌّ مِنْهُمَا مِنْ أَهْلِ النِّيَّةِ بِخِلَافِ الصَّبِيِّ، لَكِنْ مَنَعَهَا مِنْ الصَّلَاةِ مَا لَيْسَ بِصُنْعِهَا فَلَغَتْ نِيَّتُهَا مِنْ الْأَوَّلِ، بِخِلَافِ الْكَافِرِ فَإِنَّهُ قَادِرٌ عَلَى إزَالَةِ الْمَانِعِ مِنْ الِابْتِدَاءِ فَصَحَّتْ نِيَّتُهُ (رد المحتار، ج 2، ص 135، سعيد) ولو طهرت الحائض في السفر، وبينهما وبين المقصد أقل من مسيرة سفر تتم، هو الصحيح (البناية شرح الهداية، ج 3، ص 279، المكتبة الحقانية) فتاوى محمودية، ج 7، ص 502، فاروقية أحسن الفتاوى، ج 4، ص 87، سعيد Link to comment Share on other sites More sharing options...
ummtaalib Posted July 26, 2017 Author Report Share Posted July 26, 2017 Women travelling in her mense Question Me and my wife went jamat, however when we left our house she was in halaate haiz. A) So is she a musafir or B)when will she become a musafir C) how will she pray her salah Answer In the Name of Allah, the Most Gracious, the Most Merciful. As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh. In principle, if a woman starts her journey in the state of haidh (menses) she will not be considered as a musafir even if she makes intention to go on a journey of 48 miles or more. When she becomes pure, if she now intends a full journey (48 miles or more), she will become musafir, however if she intends less than 48 miles, then she will not become musafir.1 In principle, if a woman begun a Shar’i journey in the state of haidh (menses) and then attains purity, the distance from the place she attains purity to her destination will be taken into account. If the distance is 48 miles or more and she doesn’t have any intention of staying at a particular place for 15 days or more, she will do qasar of her fardh Salah. If the distance is lesser than 48 miles, then she will read all her Salah in full.2 And Allah Ta’āla Knows Best Huzaifah Deedat Student Darul IftaaLusaka, Zambia Checked and Approved by,Mufti Ebrahim Desai. www.daruliftaa.net 1 Link to comment Share on other sites More sharing options...
ummtaalib Posted July 26, 2017 Author Report Share Posted July 26, 2017 During the journey a woman becomes clean, will she do qasar and when is ghusl due after menses? 1. A woman leaves her hometown mpumalanga travels to Johannesburg where she stays for 4 days then she goes to pietermaritzburg where she stays for a further 7 days and then she goes to durban where she stays for 6 days. When she left home she was in a state of impurity she then takes a ghusal in pietermaritzburg. Will she read her full salaah and when she leaves for durban then will she she read qasr or salaah in full 2. A woman gets her menses for 10 days. Eg the first day her menses start at the time of zohr so upon the tenth day does she take a ghusal after zohr and prepare for the asr salaah Answer In the Name of Allah, the Most Gracious, the Most Merciful. As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh. Answer 1: • In principle, if a woman begun a Shar’i journey in the state of haidh (menses) and then attains purity, the distance from the place she attains purity to her destination will be taken into account. If the distance is 78 km or more and she doesn’t have any intention of staying at a particular place for 15 days or more she will do qasar of her fardh Salah. If the distance is lesser than it, then she will read all her Salah in full. [1] • If a woman begun the journey in the state of purity and thereafter her menses begun and ended in the duration of the journey, she will still do qasar. [1] You state you became paak (pure) in Pietermaritzburg. You will read your Salah in full whilst you are there. Your destination from there is Durban which could be more or less than 78 km dependent on the route taken. If you have taken the route of 78 km or more than you will do qasar once you leave Pietermaritzburg or else you will read your Salah in full. However, in any case you will do qasar on your return to Mpumalanga as it is more than 78 km. [1] Answer 2: The maximum period a woman can get haidh (menses) is 10 days. When your menses began at the time of Dhuhr, on the 10th day the menses will end just before the time of Dhuhr. Therefore, you will do ghusl (bath) whilst the time of Dhuhr sets in and read Dhuhr. The exact time of the days will be considered. If your menses commenced at 1 PM, then on the 10th day, the menses will terminate at the exact time when it commenced at 1 PM. [2] And Allah Ta’āla Knows Best Safwaan Ibn Ml Ahmed Ibn Ibrahim Student Darul Iftaa Limbe, Malawi Checked and Approved by,Mufti Ebrahim Desai. ____________________________ الدر المختار وحاشية ابن عابدين (رد المحتار) (2/ 135) – سعيد ) [1] طهرت الحائض وبقي لمقصدها يومان تتم في الصحيح كصبي بلغ بخلاف كافر أسلم [رد المحتار] (قوله تتم في الصحيح) كذا في الظهيرية. قال ط وكأنه لسقوط الصلاة عنها فيما مضى لم يعتبر حكم السفر فيه فلما تأهلت للأداء اعتبر من وقته. (قوله كصبي بلغ) أي في أثناء الطريق وقد بقي لمقصده أقل من ثلاثة أيام فإنه يتم ولا يعتبر ما مضى لعدم تكليفه فيه ط (قوله بخلاف كافر أسلم) أي فإنه يقصر. قال في الدرر لأن نيته معتبرة فكان مسافرا من الأول بخلاف الصبي فإنه من هذا الوقت يكون مسافرا، وقيل يتمان، وقيل يقصران. اهـ. والمختار الأول كما في البحر وغيره عن الخلاصة. قال في الشرنبلالية: ولا يخفى أن الحائض لا تنزل عن رتبة الذي أسلم فكان حقها القصر مثله. اهـ. وأجاب في نهج النجاة بأن مانعها سماوي بخلافه اهـ أي وإن كان كل منهما من أهل النية بخلاف الصبي، لكن منعها من الصلاة ما ليس بصنعها فلغت نيتها من الأول، بخلاف الكافر فإنه قادر على إزالة المانع من الابتداء فصحت نيته احسن الفتاوی (4/86) – سعيد عورت سفر ميں وطن کے قريب جاکر پاک ہوئی تو پوری نماز پڑھے سوال: کوئی عورت سفر ميں حيض کے ساتھ ہو اور ایسی جگہ پہنچکر پاک ہوئی جہاں سے وطن مسافت سفر سے کم ہو اور اس حالت میں اس پر نماز کا وقت آگیا تو یہ قصر پڑھے گی یا پوری نماز پڑھے گی۔ ۔۔۔ الجواب: ۔۔۔ بہر صورت اس اس پر پوری نماز فرض ہے– ۔۔۔ یہ حکم جب ہے کہ ابتداء سفر سے حائضہ ہو، اگر حالت طہارت میں سفر کی ابتداء ہوئی ہو تو حیض ختم ہونے کے بعد بہی قصر ہی پڑھے گی۔ ۔۔۔ اصلی بہشتی زیور (2/38) – مسئلہ 12 – مکتبۃ العلم فتاوی محمودیہ (7/502) – فاروقیہ فتاوی دار العلوم زکریا (2/2-651) – زمزم درر الحكام شرح غرر الأحكام (1/ 42) – دار إحياء الكتب العربية) [2] وَإِذَا انْقَطَعَ لِعَشَرَةٍ أَوْ أَكْثَرَ فَبِمُضِيِّ الْعَشَرَةِ يُحْكَمُ بِطَهَارَتِهَا وَيَجِبُ عَلَيْهَا الِاغْتِسَالُ البحر الرائق شرح كنز الدقائق ومنحة الخالق وتكملة الطوري (1/ 55) – دار الكتاب الإسلامي) وذكر في السراج الوهاج تفصيلا في غسل الحيض فقال: إذا انقطع لأقل من عشرة فعلى الزوج لاحتياجه إلى وطئها بعد الغسل، وإن انقطع لعشرة فعليها؛ لأنها هي المحتاجة إليه للصلاة 1 Link to comment Share on other sites More sharing options...
Bint e Aisha Posted July 26, 2017 Report Share Posted July 26, 2017 Very informative! Jazakillahu khairan Link to comment Share on other sites More sharing options...
Bint e Aisha Posted September 11, 2017 Report Share Posted September 11, 2017 (edited) Will a travelling woman pray Qasr Salah after her menses? The discussion has been among ulama for few months over this, and now ulama' have started to change their view. Darul uloom Karachi has also given a new fatwa on the issue that she will make qasr and count her safr from the beginning. Below is the fatwa of Mufti Emraan Vawda Sahib. _____________________________________ Is the Safr during Haidh counted? In the past two days I have received a number of queries on this issue, hence the need for this brief article. The essence of the question is that if a woman undertakes a Sharée safr (journey), is the distance covered whilst she was in the state of Haidh (menses) counted for the purpose of determining whether should make Qasr (perform two fardh instead of four) or read four fardh? This could be illustrated by way of an example: A woman undertook a journey of 100 km. When she set out, she was in the state of haidh. After completing 50km, she became clean and made ghusl (ritual bath). She then completed the journey. If the distance covered during haidh is not counted, it would be considered as if she only travelled 50km. A journey of 50km does not make Qasr obligatory (or even optional). If the said distance is counted, since she undertook a journey of 100km, she will have to make Qasr. View One – Old Fatwa Now the confusion arises based on what appears in the famous books of the Hanafi math-hab. According to some works, such as Behisti Zewar, Raddul Mukhtar, Fatawa Tartarkhaaniyyah, Halbi Kabeer, Ahsanul Fatawa, etc. the distance is not considered. According to this view, the lady will thus read four rakaats fardh. View Two – New Fatwa Other works, such as Al muheetul burhaani, record that the distance will be considered. Thus the woman will read two fardh instead of four. Change in Fatwa Many Ulama used to give fatwa based on the First View, which I have referred to as the “Old Fatwa”. This was based on what appears in the more famous Hanafi works. I also used to give fatwa accordingly. Recently Darul Uloom Karachi undertook research into this matter. A copy of their fatwa is attached below, for which we are most grateful. In this research they drew attention to the Second View, of which many Ulama were unaware. They also gave reasons to show that the Second View should be preferred. Based on this new information, I have now retracted from the First View and adopted the Second View, hence I refer to the Second View as the “New Fatwa”. No Blame We should not be ashamed of constantly updating our knowledge. Mistakes of the past should not be a barrier of acknowledging the better or correct view when we are apprised of it. Since the Old Fatwa was based on reliable sources, one cannot blame those Ulama who gave fatwa accordingly. Summary In brief, the New Fatwa is that a woman in the given scenario should make Qasr. A Further Question The New Fatwa gives rise to an additional question. A woman was all along following the Old Fatwa. In light of the New Fatwa, what happens to all the Salaah that she may have performed in the past? In other words, from the perspective of the New Fatwa, she made four rakaats (obviously relying on the Old Fatwa at the time) whereas she should have been making two rakaats. The short answer is that she will not have to repeat such salaah. And Allah Taála knows best Emraan Vawda ٧ ذالقعده ١٤٣٨ 30 July 2017 ADMIN EDIT: FILE ATTACHED Is the Safr during Haidh counted.pdf Edited September 11, 2017 by ummitaalib Link to comment Share on other sites More sharing options...
ummtaalib Posted September 11, 2017 Author Report Share Posted September 11, 2017 Assalaamu 'alaykum warahmatullaah sister Bint e Aisha Can I have the source of the above info as I find it a bit confusing and would like further clarification Link to comment Share on other sites More sharing options...
Bint e Aisha Posted September 11, 2017 Report Share Posted September 11, 2017 Walaikum us salam warahmatullahi wabarakatuh Yes yes I will add further information. I have posted it after consulting a number of reputable muftis. Also I wanted to attach a pdf file but I have no idea how to do it on the forums. I will email you that file inshaAllah. Link to comment Share on other sites More sharing options...
Bint e Aisha Posted September 11, 2017 Report Share Posted September 11, 2017 (edited) SALAH FOR A TRAVELLING FEMALE IN HER MENSES Question I have read in a book that if a woman travels whilst in the state of menstruation, her travel in the state of menstruation will not be regarded as travel for the purpose of shortening the Ṣalāh. Therefore, if she exits the state of menstruation and does not travel further, she will not shorten her Ṣalāh. Please can you shed light on this issue and outline the views of the four schools of thought. Answer According to most Ḥanafī scholars, the travel of a woman in her menses does not constitute travel for the purpose of shortening the Ṣalāh. Therefore, if she commences and completes her journey in the state of menstruation, she will not shorten her Ṣalāh at this destination. However, if her menstruation finishes and she continues to travel thereafter, she will shorten her Ṣalāh. This position has been affirmed by many Ḥanafī scholars including ʿAllāmah Abū Bakr Muḥammad ibn Ibrāhīm ibn Anūsh al-Ḥaṣīrī al-Bukhārī (d. 500/1107), ʿAllāmah Ẓahīr al-Dīn Muḥammad al-Bukhārī (d. 619/1622-3), the eighth century jurist ʿAllāmah Dāwūd ibn Yūsuf al-Khaṭīb (n.d.), ʿAllāmah Farīd al-Dīn ʿĀlim ibn al-ʿAlāʾ al-Tātārkhānī (d. 786/1384-5), Ḥāfiẓ Badr al-Dīn al-ʿAynī (d. 855/1451), ʿAllāmah Ibrāhīm Ḥalabī (956/1549), ʿAllāmah Ḥaṣkafī (d. 1088/1677), ʿAllāmah Ṭaḥṭāwī (d. 1231/1816), ʿAllāmah Ibn ʿĀbidīn (d. 1252/1836), Shaykh Ashraf ʿAlī Thānawī (d. 1362/1943), Mufti Maḥmūd Ḥasan Gangohī (d. 1417/1996), Mufti Rashīd Aḥmad Ludyānwī (d. 1422/2002), Mufti Raḍāʾ al-Ḥaq (b. 1369-70/1950) and others. This is also the famous position of the Mālikī school of thought. The reason why her travel will not constitute travel for the purpose of shortening the Ṣalāh is that a woman in her menses is not mukhāṭab (addressee/instructee) to offer Ṣalāh, not even as qaḍāʾ. Therefore, her intention to travel is irrelevant in so far as shortening Ṣalāh is concerned, just as the intention of a non-mature child who travels is not relevant according to the dominant Ḥanafī position. However, according to some Ḥanafī scholars, her journey in the state of menstruation constitutes travel and she must shortern her Ṣalāh accordingly. This is the view of the famous Ḥanafī jurist Imam Abū Jaʿfar al-Hinduwānī (d. 362/973). ʿAllāmah Shurunbulālī (d. 1069/1659) is also inclined towards this. From contemporary scholars, this view has been adopted by the scholars of Darul Uloom Karachi such as Mufti Muḥammad Taqī ʿUthmānī (b. 1362/1943) along with Mufti Shabbīr Qāsmī of Moradabad, India. My respected teachers Mufti Shabbīr Aḥmad (b. 1376/1957) and Mufti Muḥammad Ṭāhir Wādī (b. 1376/1957) are also inclined towards this. This is also the position of the Shāfiʿī and Ḥanbalī schools of thought, and several Mālikī scholars are also inclined to this. This appears to be the preferred view based on the following reasons: 1. Almighty Allah says in the Qurʾān (4:101), “And when you travel throughout the land, there is no blame upon you for shortening the prayer.” Almighty Allah says in the Qurʾān (2:184-5), “And whoever from you is ill or on a journey, then the same number from other days.” These verses are general and do not stipulate any conditions in relation to the travel or the traveller. Thus, according to the Ḥanafī school of thought, all forms of travel including travel for a sinful purpose constitute travel for the purpose of shortening the Ṣalāh and the option not to fast. Likewise, the travel of all different types of travellers including a menstruating woman should constitute travel, as the reason for shortening Ṣalāh and the option not to fast is travel. 2. We have not come across any ḥadīth or statement from the first generation of Ḥanafī jurists which suggests that the travel of a menstruating woman does not constitute travel for the purpose of shortening Ṣalāh or the option not to fast. This is particularly relevant because the female companions would travel with the Prophet ﷺ and it would be inevitable for some of them to be in the state of menstruation at some point during the journey. If their travel in the state of menstruation did not constitute travel for the purpose of shortening Ṣalāh, this is likely to have been transmitted. 3. According to most Ḥanafī scholars, the travel of a non-mature child does not constitute travel whereas the travel of a non-Muslim constitutes travel. This is because the child is not mukallaf (responsible) and mukhāṭab and therefore his intention to travel is not valid, whereas a non-Muslim adult is mukallaf and mukhāṭab and therefore his intention to travel is relevant. Although there is a clear difference between the state of menstruation and disbelief, however, in both conditions there is a common feature in that both are mukallaf and mukhāṭab, as outlined below. Thus, based on analogy, the travel of a woman in her menses should constitute travel for the purpose of shortening the Ṣalāh. 4. A woman in menstruation is mukallaf and mukhāṭab. This is illustrated by the fact that the prohibition of travelling without Maḥram also applied to women in menstruation. Similarly, a travelling woman can choose not to fast after her menstruation ends. Similarly, a woman in her menstruation is required to enter the state of iḥrām when she passes the mīqāt. These examples demonstrate that a woman in her menses is both mukallaf and mukhāṭab. This is why she is obliged to make qaḍāʾ of the missed fasts. It is a separate matter that the Sharīʿah has not prescribed the Ṣalāh to be repeated for a very good reason. The instruction not to perform Ṣalāh temporarily during her menses does not mean she is incapable of making an intention to travel. Thus, her intention to travel is valid. 5. Moreover, it could be argued from one perspective that the khiṭāb (address/instruction) to a woman in her menses is stronger than the khiṭāb to a non Muslim because a non-Muslim who accepts Islam is not required to make qaḍāʾ of any fasts. It is perhaps for this reason some Mālikī scholars have mentioned that there is a difference of opinion whether non-Muslims are mukhāṭāb of furūʿ (branches, compared to uṣūl, beliefs), whereas women in their menses are mukhāṭab prior to their menses by consensus and that the khiṭāb of Ṣalāh is temporarily suspended due to an obstacle (menses) which will come to an end. This also suggests from one Mālikī perspective that the khiṭāb for women in their menses is stronger than the khiṭāb for non-Muslims. This is why some Mālikīs suggest that the travel of a woman in her menses constitutes travel unlike the travel of a non-Muslim, opposite to the opinion of most Ḥanafī scholars. 6. We have not come across this issue in the works of Imam Muḥammad ibn al-Ḥasan al-Shaybānī (d. 189/805). Based on the books cited in this document, Imam Abū Jaʿfar al-Hinduwānī (d. 362/973) appears to be from among the most senior and earliest scholars who has a view on this issue. This not withstanding the fact that ʿAllāmah Abū Bakr al-Ḥaṣīrī al-Bukhārī (d. 500/1107) and ʿAllāmah Ẓahīr al-Dīn al-Bukhārī (d. 619/1622-3) and others cited above are also senior jurists as clearly demonstrated by the fact that most Ḥanafī jurists have subsequently relied on their position. It is worth noting, as mentioned by Mufti Muḥammad Taqī ʿUthmānī (b. 1362/1943), that ʿAllāmah Ibn ʿĀbidīn (d. 1252/1836) did not have access to al-Muḥīṭ al-Burhānī wherein the view of Imam Abū Jaʿfar al-Hinduwānī (d. 362/973) is cited. If ʿAllāmah Ibn ʿĀbidīn (d. 1252/1836) was aware of it, he may have adopted it or at least cited it as a view. Further, it has already been mentioned that Imam Abū Jaʿfar al-Hinduwānī’s (d. 362/973) position is the same as the position of the Shāfiʿī and Ḥanbalī schools. Several Mālikī scholars also share this view. In conclusion, the preferred view appears to be that in this scenario the woman should shortern her Ṣalāh. However, as there is a difference of opinion among the Ḥanafī and Mālikī jurists regarding this issue, the obligation of Ṣalāh will be fulfilled by performing the full four Rakʿah Ṣalāh, even according to the Shāfiʿī and Ḥanbalī schools of thought as they do not regard shortening the Ṣalāh necessary. Thus, in this scenario, if a woman shorterns the Ṣalāh or performs the full four Rakʿah Ṣalāh, there is no need to repeat the Ṣalāh. Allah knows best Yusuf Shabbir 3 Shaʿbān 1438 / 30 April 2017 Approved by: Mufti Shabbir Ahmad and Mufti Muhammad Tahir www.nawadir.org Download PDF Edited September 11, 2017 by Bint e Aisha Link to comment Share on other sites More sharing options...
ummtaalib Posted September 11, 2017 Author Report Share Posted September 11, 2017 Very interesting reading indeed! Jazaakillaahu kharaa Link to comment Share on other sites More sharing options...
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