Al-Baqarah: (222) And they ask you about menstruation...

In this verse, there are several issues:

Issue 1: The Structure of the Questions

The Almighty mentioned six questions in this passage. The first three were mentioned without the conjunction waw (and), while the last three were mentioned with it.

The reason is that their questioning about the first three incidents occurred at separate times, so the conjunction was omitted because each of those questions was an independent inquiry. However, they asked about the last three matters at one time, so the conjunction was used to group them, as if to say: "They ask you concerning wine and gambling, and concerning such and such, and concerning such and such."

Issue 2: Context and Interpretation of Isolation

It is narrated that the Jews and the Magians were extremely distant from women during their menses. The Christians, however, engaged in intercourse with them and paid no heed to menstruation. The people of Jahiliyyah (pre-Islamic ignorance) would not eat with a menstruating woman, nor drink with her, nor sit with her on a mat, nor live with her in the same house, similar to the practice of the Jews and Magians.

When this verse descended, the Muslims took its literal meaning and expelled the women from their homes. Some Bedouins said: "O Messenger of Allah, the cold is severe, and clothes are few. If we favor them with clothes, the rest of the household will perish, and if we keep the clothes for ourselves, the menstruating women will perish."

The Prophet (peace be upon him) replied: "I only commanded you to avoid intercourse with them when they menstruate; I did not command you to expel them from the houses, like the non-Arabs."

When the Jews heard this, they said: "This man wants to leave nothing of our practice without opposing it."

Then, 'Ubbad ibn Bishr and Usayd ibn Hudayr came to the Messenger of Allah (peace be upon him) and informed him of this, saying: "O Messenger of Allah, shall we not have intercourse with them during menstruation?" The face of the Messenger of Allah (peace be upon him) changed so much that we thought he was angry with them. They stood up, and then a gift of milk was brought to the Prophet (PBUH). The Prophet (PBUH) sent some to them, and they drank it, and we knew that he was not angry with them.

Issue 3: The Meaning of Al-Mahid (Menstruation/Place of Menstruation)

Linguistically, al-hayd (menstruation) originates from the word for "flow" (sayl). It is said: Hada al-sayl (the flood flowed). Al-Azhari said: From this, the basin is called hawd because water flows (yahid) to it. The Arabs interchange the waw and the ya because they are of the same genus.

Knowing this, we say that this verbal form (bina') can refer to a place, like al-mabīt (staying overnight), al-mqīl (taking a midday rest), and al-mughīb (absence). It can also come to mean the verbal noun (masdar). One says: Hāḍat mahīḍan (She menstruated a menstruation), Jā’a mujī’an (He came a coming), and Bāta mubītan (He stayed overnight a staying). Al-Wahidi narrated in Al-Basīṭ from Ibn al-Sikkit: If the verb is trilateral, like kāla yakīlu (to measure) and hāḍa yahīḍu (to menstruate), the noun derived from it is with a kasra (vowel under the first letter), and the masdar is with a fatḥa (vowel over the first letter). From this is māla mamālan (to lean), and this mumīl (leaning thing) goes with kasra for the noun and fatḥa for the masdar.

The Arabs say: al-ma'āsh and al-ma'īsh, al-maghāb and al-maghīb, al-masār and al-masīr. Thus, it is established that the term al-maḥīḍ is literally for the subject of menstruation, and it is also the noun for the menstruation itself.

If this is established, know that most exegetes, who are linguists, claimed that what is meant by al-maḥīḍ here is the menstruation itself (al-hayḍ). I believe this is not the case. If al-maḥīḍ meant al-hayḍ, then the statement: {So keep away from women during menstruation} would mean: "So keep away from women during the time of menstruation." This would imply a prohibition on deriving any benefit from her above the navel and below the knee. Since this prohibition is not established (i.e., other forms of intimacy are permitted), one must resort to assuming abrogation (naskh) or specification (takhṣīṣ) of the verse, which is contrary to the original principle.

However, if we interpret al-maḥīḍ as the place of menstruation, the meaning of the verse becomes: "So keep away from women in the place of menstruation," meaning, "Avoid the location of menstruation on the women." Under this interpretation, neither abrogation nor specification applies to the verse. When a word is shared between two meanings, and applying one meaning leads to an undesirable consequence while the other does not, it is preferable to apply the meaning that avoids the undesirable consequence. This is assuming al-maḥīḍ is indeed shared between the place and the verbal noun, although we know that its usage for the place is more frequent and famous than for the verbal noun.

Objection: The proof that al-maḥīḍ means menstruation is His statement: {Say, "It is an affliction (adhā)"}. If al-maḥīḍ meant the place, this description would not be valid.

Response: Even if al-maḥīḍ refers to menstruation (al-hayḍ), menstruation itself is not adhā (affliction/harm) because menstruation is the specific blood, and adhā is a specific quality (an accident). A body cannot be the accident itself. Therefore, they must mean that the menstruation is described as being an affliction. If this is permissible, then it is permissible for us to say that the place is meant, and that the place is characterized by affliction (dhū adhā). Furthermore, why can't the first al-maḥīḍ mean the blood, and the second al-maḥīḍ mean the place of menstruation? Under this understanding, the objection you raised is resolved. This is my view on this matter, and success is from Allah.

As for His statement {Say, "It is an affliction"}, 'Aṭā', Qatādah, and Al-Suddī said: It means filth (qadhar). Know that al-adhā in language means anything disliked.

The statement {So keep away from women during menstruation} means abstaining (al-ta'azzul). The cause ('illah)—the affliction—was mentioned first, and the ruling—the obligation of abstention—was derived from it.

Objection: Affliction is only the blood, which is present during istiḥāḍah (non-menstrual vaginal bleeding), yet abstaining from the woman during istiḥāḍah is not obligatory. Thus, this cause is invalidated.

Response: The cause is not invalidated because the blood of menstruation (hayḍ) is corrupt blood generated from waste matter expelled by the woman's nature through the womb. If this waste were retained, the woman would become ill. Thus, this blood is like urine or feces, making it an affliction and filth. However, the blood of istiḥāḍah is not like that; rather, it is sound blood flowing from ruptured veins deep within the womb, so it is not an affliction. This is my view on this chapter, and it is a sound principle. By clarifying it, the apparent meaning of the Qur'an is protected from criticism. And Allah knows best His intent.

Issue 4: Real and Legal Attributes of Menstrual Blood

Know that menstrual blood is described by real attributes, from which legal rulings are derived.

The real attributes are two:

1. The Source: Menstrual blood issues from the womb. Allah says: {And it is not lawful for them to conceal what Allah has created in their wombs} (Al-Baqarah: 228). It is said in its exegesis that this refers to menstruation and pregnancy. As for the blood of istiḥāḍah, it does not exit the womb, but from veins that rupture at the mouth of the womb. The Prophet (PBUH) described the blood of istiḥāḍah as: "It is the blood of a ruptured vein." This statement supports what we mentioned regarding defending the Qur'anic reasoning against invalidation.

2. Attributes described by the Messenger of Allah (PBUH):
   • It is black.
   • It is thick (thakhīn).
   • It is intensely hot (muḥtadim), meaning burnt due to its intense heat.
   • It exits gently and does not flow profusely.
   • It has a foul odor, unlike other bloods, because it is waste matter expelled by nature.
   • It is baḥrānī (deep red), or some say it has a dark quality, likened to seawater.

These are the real attributes.

Some scholars said that menstrual blood is distinguished from the blood of istiḥāḍah by these attributes. Any blood described by these attributes is menstrual blood, and what is not so is not menstrual blood. If the matter is ambiguous, the default is the continuation of the legal obligations, and their removal only occurs due to the intervening factor of menstruation. If the existence of menstruation is uncertain, the obligations that were incumbent remain.

Other scholars said that these attributes might be confusing for the obligated person, and requiring deep examination of the blood and its attributes would cause hardship. Therefore, the Lawgiver set a fixed time period: whenever blood appears during that time, it is treated as menstruation, regardless of its attributes. If it appears outside that time, it is not treated as menstruation, regardless of its attributes. The purpose of this is to remove hardship from the obligated person.

The legal rulings of menstruation are: prohibition of prayer and fasting, avoidance of entering the mosque, touching the Muṣḥaf (Qur'an), and reciting the Qur'an. It also marks the age of puberty for a girl. The ruling established for menstruation by the explicit text of the Qur'an is only the prohibition of intercourse, as we explained the verse's indication of this.

Issue 5: The Duration of Menstruation

People differed regarding the duration of menstruation:

• Al-Shāfi'ī (and 'Alī ibn Abī Ṭālib, 'Aṭā' ibn Abī Rabāḥ, Al-Awzā'ī, Aḥmad, and Isḥāq): The minimum is one day and one night, and the maximum is fifteen days.
• Abū Ḥanīfah and Al-Thawrī: The minimum is three days and nights; if less, it is corrupt blood. The maximum is ten days. Abū Bakr Al-Rāzī mentioned in Aḥkām al-Qur'ān that Abū Ḥanīfah initially held the view of 'Aṭā' (min 1 day/night, max 15 days) but later abandoned it.
• Mālik: There is no fixed limit for the minimum or maximum. If it appears for an hour, it is menstruation; if for days, it is the same.

Abū Bakr Al-Rāzī argued against Mālik's view in Aḥkām al-Qur'ān: If the measure were dropped for both minimum and maximum, menstruation would simply be any blood appearing from the woman. This would imply that there should be no women experiencing istiḥāḍah in the world, as all that blood would be menstruation according to this view, which is false by consensus (ijmā'). It is narrated that Fāṭimah bint Abī Ḥubaysh told the Prophet (PBUH): "I experience istiḥāḍah and never become pure." Also, it is narrated that Ḥamnah experienced istiḥāḍah for seven years, and the Prophet (PBUH) did not tell them that all of it was menstruation; rather, he informed them that some was menstruation and some was istiḥāḍah. Thus, this view is invalidated.

Critique of Al-Rāzī's Argument against Mālik: This argument is weak because one can argue that the blood of menstruation is distinguished from istiḥāḍah by the attributes mentioned by the Prophet (PBUH). If the attributes are confirmed, we rule it as menstruation. If they are absent, we rule it as not menstruation. If there is doubt, the path to menstruation is unknown, while the default ruling (the obligation) is known. Doubt does not override certainty. Thus, the obligations remain, even without a fixed time limit for menstruation.

Mālik's Argument (Two Points):

1. The Prophet (PBUH) specified the sign and attribute of menstrual blood by saying: "Menstrual blood is the black, intensely hot one." Whenever the blood has this attribute, menstruation is present and falls under {So keep away from women during menstruation} and under the Prophet's statement to Fāṭimah bint Abī Ḥubaysh: "When menstruation approaches, leave the prayer."
2. Allah stated regarding menstrual blood: {It is an affliction, so keep away from women during menstruation}. The description of it being an affliction is mentioned as the cause for the obligation of abstention. It is an affliction due to its foul odor, corrupt color, and intense heat. Since the obligation of abstention is conditioned on these meanings, abstention is required when these meanings are present, acting upon the cause mentioned explicitly in the Book of Allah. I find Mālik's view very strong.

Al-Shāfi'ī's Argument against Abū Ḥanīfah (Two Points):

1. Menstrual blood is found in one day and night, and in amounts exceeding ten days, evidenced by the Prophet (PBUH) describing menstrual blood as black and intensely hot. If that is found, menstruation has occurred, falling under the general meaning of {So keep away from women during menstruation}. We suspend action on this evidence for less than a day and night, and for more than fifteen days, by agreement between me and Abū Ḥanīfah. Therefore, it must remain operative during these durations.
2. Regarding excess duration, it is narrated that the Prophet (PBUH), when mentioning women's deficiency in religion, explained it by saying: "One of them remains for half her lifetime not praying." This indicates that menstruation can last fifteen days, because if this is the case, the period of purity (ṭuhr) would also be fifteen days, making menstruation half her life. If menstruation were less, no woman would be found who does not pray for half her lifetime.

Abū Bakr Al-Rāzī's Response to Al-Shāfi'ī (Two Points):

1. Shaṭr (half) does not mean exactly half, but rather "a part."
2. No woman in the world experiences menstruation for half her lifetime, as the years before puberty are part of her life.

Response to Al-Rāzī:

1. Shaṭr means half. It is said: Shaṭartu al-shay’a (I split the thing into two halves). The proverb says: Ajlab jalaban laka shaṭrahu (Bring me your half).
2. The Prophet's statement "One of them remains for half her lifetime not praying" only concerns the time when she is capable of praying, which is only after puberty.

Abū Bakr Al-Rāzī's Argument for Abū Ḥanīfah (Several Points):

1. The narration from Abū Umāmah from the Prophet (PBUH) that he said: "The minimum of menstruation is three days, and the maximum is ten days." Al-Rāzī says: If this ḥadīth is authentic, no one can deviate from it.
2. The narration from Anas ibn Mālik and 'Uthmān ibn Abī al-'Āṣ al-Thaqafī, who said: Menstruation is three or four days up to ten days, and anything more is istiḥāḍah. This is used as proof in two ways: If a Companion's statement is clear and not contradicted, it is considered consensus (ijmā'). Secondly, setting a limit is not accessible to reason ('aql); if narrated from a Companion, it is presumed he heard it from the Prophet (PBUH).
3. The Prophet's statement to Ḥamnah bint Jaḥsh: "Menstruate in Allah's knowledge for six or seven [days] as women menstruate every month." This implies that the menstruation of all women every month is this amount. We have deviated from this apparent meaning for three to ten days, so the rest remains on the original principle (i.e., the established time frame).
4. The Prophet's statement regarding women: "I have not seen anyone more deficient in intellect and religion overcoming the minds of wise men than you." When asked about the deficiency in religion, he said: "One of them remains for days and nights not praying." This report indicates that the duration of menstruation is what is termed al-ayyām wa-al-layālī (days and nights), the minimum being three and the maximum ten, because the term al-ayyām is not used for one or two, nor for more than ten days (eleven days is not called ayyām). The term ayyām applies to three to ten days. Also, the Prophet (PBUH) told Fāṭimah bint Abī Ḥubaysh: "Leave the prayer for the days of your aqrā’ [purity periods]." The word al-ayyām is specific to three to ten days. In the ḥadīth of Umm Salamah concerning the woman who bled excessively, he said: "She should consider the number of nights and days she used to menstruate in the month, and leave prayer for that number of days each month, then perform ghusl (ritual bath) and pray."

Objection: Perhaps that woman's menstruation was fixed at that specific duration.

Response: The Prophet (PBUH) did not ask her about the measure of her menstruation but ruled on her absolutely, indicating that menstruation in general is measured by what the term al-ayyām applies to. Also, in the ḥadīth of 'Adiyy ibn Thābit concerning the woman experiencing istiḥāḍah: "She leaves the prayer for the days of her menstruation," which is general for all women.

5. This is an argument mentioned by Al-Jubbā'ī, one of the Mu'tazilite scholars, in his Tafsīr: The obligation of fasting and prayer is established by general texts. Therefore, abandoning their performance is restricted to the period of three to ten days. Consequently, the ruling must remain on the default for less than three and more than ten days. This is because there is scholarly disagreement regarding less than three days, which creates doubt, so we do not consider it menstruation. Similarly, there is scholarly disagreement regarding more than ten days, creating doubt, so we do not consider it menstruation. However, for three to ten days, there is consensus, so we consider it menstruation. This summarizes the jurists' views on this issue. Success is from Allah.

Issue 6: Permissible Intimacy

Muslims agreed on the prohibition of intercourse during menstruation. They also agreed on the permissibility of deriving benefit from the woman above the navel and below the knee. They differed on whether it is permissible to derive benefit from the area below the navel and above the knee.

If we interpret al-maḥīḍ as the place of menstruation (as we preferred), the verse only indicates the prohibition of intercourse, so it does not indicate the prohibition of anything beyond that. Moreover, those who hold that specifying something implies the opposite ruling for what is not specified argue that this verse indicates the permissibility of everything other than intercourse.

If one interprets al-maḥīḍ as the menstruation itself, the verse means: "So keep away from women during the time of menstruation." Then, they argue that the ruling of this verse is suspended regarding the area above the navel and below the knee, so the remaining prohibitions (intercourse) must remain in force. Success is from Allah.

As for His statement: {And do not approach them until they are pure. But when they have purified themselves, then go to them as Allah has ordained for you} (Al-Baqarah: 222).

Know that {And do not approach them} means do not have intercourse with them. It is said that a man "approached" his wife when he had intercourse with her. This serves as an emphasis on His statement: {So keep away from women during menstruation}. It can also carry a new, significant benefit: His statement {So keep away from women during menstruation} might be a prohibition against physical contact in the place of the blood, while {And do not approach them} might be a prohibition against deriving pleasure from what is close to that place.

In the Verse (Cont.): Issues

Ibn Kathīr, Nāfi', Abū 'Amr, Ibn 'Āmir, Ya'qūb al-Ḥaḍramī, and Abū Bakr (reading for 'Āṣim) read {ḥattā yaṭhurna} (until they become pure) with a light shaddah (i.e., yaṭhurna), derived from ṭahāra (purity). Ḥamzah, Al-Kisā'ī, and Ḥafṣ (reading for 'Āṣim) read {yaṭṭahurna} (until they purify themselves) with a heavy shaddah (doubled tā').

• Light Reading (yaṭhurna): Refers to the cessation of blood, as in "a woman became pure from her menses," which happens when the bleeding stops. The meaning is: "Do not approach them until the blood ceases from them."
• Heavy Reading (yaṭṭahurna): Is on the meaning of yataṭahharana (they purify themselves), with the tā' assimilated, similar to {‘adadan ayyuhal-muzammil} (Al-Muzzammil: 1) and {ayyuhal-muddaththir} (Al-Muddaththir: 1), meaning al-mutazammil and al-mutaddaththir. Success is from Allah.

The majority of jurists hold that once a woman's bleeding stops, her husband is not permitted to have intercourse with her until she performs ghusl (ritual bath) from the menses. This is the view of Mālik, Al-Awzā'ī, Al-Shāfi'ī, and Al-Thawrī. The famous view of Abū Ḥanīfah is that if she sees purity before ten days, her husband may not approach her. If she sees purity on the tenth day, he may approach her before the ghusl.

Al-Shāfi'ī's Argument (Two Points):

1. The established, successive readings (qirā'āt mutawātirah) are evidence by consensus. If two successive readings exist and reconciliation between them is possible, reconciliation is obligatory. Since it was read as {ḥattā yaṭhurna} (light) and {yaṭṭahurna} (heavy), the light reading refers to the cessation of blood, and the heavy reading refers to purification with water. Reconciliation is possible, so the verse must indicate the obligation of both actions. The prohibition must not end until both are achieved.
2. His statement {they become pure, but when they have purified themselves, then approach them} links the approach to purification using the word {idhā} (when/if). Idhā in language implies conditionality. What is conditioned upon a condition is non-existent when the condition is absent. Therefore, approaching is not permissible when purification (the ghusl) is absent.

Abū Ḥanīfah's Argument: His statement {And do not approach them until they become pure} prohibits approaching them and sets the limit of this prohibition as their becoming pure (i.e., the cessation of their menses). If the cessation of menses is the limit of this prohibition, the prohibition must cease when the menses cease.

The Judge's Response: If the verse stopped at {ḥattā yaṭhurna}, what you mentioned would be necessary. However, since {fa-idhā taṭahharana} (but when they have purified themselves) is added, the combination becomes the limit. This is like a man saying: "Do not speak to so-and-so until he enters the house; but when he feels better after entering, then speak to him." The permissibility of speaking must be tied to both conditions.

Since purification after the cessation of blood is necessary, they differed on the nature of this purification:

• Al-Shāfi'ī and most jurists: It is the ghusl.
• Some others: It is washing the private area only.
• 'Aṭā' and Ṭāwūs: It is washing the area and performing wuḍū' (ablution).

The first view (full ghusl) is correct for two reasons:

1. The apparent meaning of {fa-idhā taṭahharana} refers to a ruling returning to the essence (dhāt) of the woman, so this purification must occur over her entire body, not just a part of it.
2. It is preferable to apply this purification to the one specifically required by menstruation, rather than the purification that is established in istiḥāḍah as it is in menstruation. This necessitates that the intended meaning is the ghusl. If water is available, this is done. If water is unavailable, those who mandate the ghusl agree that tayammum (dry ablution) substitutes for it. We only established tayammum as a substitute based on consensus; otherwise, the apparent meaning suggests that approach is only permissible with water.

They differed on the meaning of this phrase, with several views:

1. Ibn 'Abbās, Mujāhid, Ibrāhīm, Qatādah, and 'Ikrimah: Approach them in the place of intercourse (al-ma'tā), for that is what Allah has commanded, and do not approach them elsewhere. His statement {as Allah has ordained for you} means "in the manner Allah has ordained for you," similar to {When the call is made for prayer on Friday} (Al-Jumu'ah: 9).
2. Al-Aṣamm and Al-Zajjāj: Approach them where it is permissible for you to have intercourse with them, meaning they are not fasting, not in i'tikāf (seclusion in the mosque), and not in a state of iḥrām (pilgrimage sanctity).
3. Muḥammad ibn al-Ḥanafiyyah: Approach them through what is lawful, not through immorality/debauchery.

The first view is the closest because the word {ḥaythu} (where/manner) is literally for place (makān) and metaphorically for other things.

As for His statement: {Indeed, Allah loves the repentant and loves those who purify themselves}: The discussion on the meaning of Allah's love and the meaning of repentance has preceded, so we will not repeat it, except to say: Al-Tawwāb (The one who repents often) is the one who frequently performs what is called repentance. It might also be said that this is from Allah's side in terms of His frequent acceptance of repentance.

Objection: The apparent meaning of the verse indicates that He loves the multiplication of repentance absolutely, but reason indicates that repentance is only appropriate for the sinner. One who is not a sinner should not have repentance befitting them.

Response (Two Points):

1. The obligated person can never be completely safe from shortcomings (taqṣīr), so repentance is necessary to ward off that permissible shortcoming.
2. Abū Muslim Al-Iṣfahānī said: "Repentance" (al-tawbah) in language means "returning." The return of the servant to Allah in all circumstances is praiseworthy.

The Judge objected to Abū Muslim by saying that although tawbah in its original linguistic sense means returning, in the legal terminology ('urf al-shar') it means regret for the past, cessation in the present, and firm resolve not to repeat it in the future. Therefore, it must be interpreted according to this legal meaning, not the linguistic one. Abū Muslim can respond by saying: My intention in this answer is that if the word can be interpreted according to the legal definition, the word is sound and free from objection. If that is not possible, I interpret it according to the original linguistic meaning, so that no criticism can be directed at it.

As for His statement {and loves those who purify themselves}, there are several views:

1. It means abstention from sins and transgressions. The repentant is one who committed a sin and then abandoned it, while the one who purifies himself (al-mutaṭahhir) is one who never committed it, abstaining out of reverence. There is no third category. The word allows for this, as sin is spiritual impurity—which is why Allah said: {Indeed, the polytheists are unclean} (Al-Tawbah: 28). Abandoning it is spiritual purification. By this meaning, Allah is described as Pure (Ṭāhir) and Purifying (Muṭahhir) in that He is free from defects and ugliness. It is also said: "So-and-so has a pure skirt/reputation."
2. It means: Not approaching her during menstruation, and not approaching her in the forbidden manner, as stated in {then go to them as Allah has ordained for you}. Those who hold this view say it is preferable because it aligns better with the preceding verse. Furthermore, Allah recounted the people of Lot saying: {Expel them from your city; indeed, they are people who purify themselves} (Al-A'rāf: 82), referring to their avoidance of homosexual acts. Thus, {and loves those who purify themselves} means abandoning intercourse in the anus.
3. Since Allah commanded us to purify ourselves in {but when they have purified themselves}, it is natural that He praised those who purify themselves by saying {and loves those who purify themselves}. This refers to purification with water. Allah also said: {Men who love to purify themselves, and Allah loves those who purify themselves} (Al-Tawbah: 108). It is said in the exegesis that they used to wash themselves with water after relieving themselves, and Allah praised them for it.

The Eighth Ruling

{Your wives are a tilth for you, so go to your tilth as you will, and put forth [righteousness] for yourselves. And fear Allah and know that you will meet Him. And give good tidings to the believers.} (Al-Baqarah: 223)