What is the ruling for a woman who has no established habit (La-'Ada) and no differentiation criteria (La-Tamyez)?
Chapter on Menstruation
Al-Mughni
Book of Purification
Primary text
This woman falls under the fourth category of those experiencing Istihada, which includes the forgetful woman (an-Nasiyah). The forgetful woman is divided into three types: one who forgets both the time and the number; one who forgets the number but remembers the time; and one who remembers the number but forgets the time. For the one who forgets both time and number, Al-Kharqi established the ruling that she observes six or seven days each month as her menses, after which she performs Ghusl and treats the subsequent days as Istihada, performing fasting, praying, and circumambulating (Tawaf). A narration from Ahmad states she sits for the minimum duration of menses. If she knows her customary month, she observes that duration in that month; if not, she observes it in the commonly known month as it is the prevailing state. Evidence for this is the Hadith of Humnah bint Jahsh, where the Prophet (peace be upon him) instructed her to calculate six or seven days as her menses, then perform Ghusl and pray and fast during the remaining days.
Supporting text
An alternative opinion from Al-Shafi'i for the one who forgets both is that she has no definitive menses, and her entire time is doubtful; she must perform Ghusl for every prayer, pray, and fast, and her husband must abstain from intercourse. Another opinion from some of his students favors the first ruling because this woman has known days, and since they cannot be linked to anything else, her entire time is doubtful. Evidence cited is the Hadith of Umm Habibah who experienced Istihada for seven years, whereupon the Prophet (peace be upon him) commanded her to perform Ghusl for every prayer (agreed upon by collectors). Furthermore, Ahmad also narrated that she should observe the minimum duration of menses.