Home » Hanafi Fiqh » Askimam.org » I have recently had a miscarriage, at 2 months of being pregnant, i was very happy when i first found out i was expecting, when i saw/lost the baby, i was naturally upset, i said ‘inna lillahi wa inna alayhee rajioon’. its has been 2 days now and i am still bleeding, i would like to ask:

I have recently had a miscarriage, at 2 months of being pregnant, i was very happy when i first found out i was expecting, when i saw/lost the baby, i was naturally upset, i said ‘inna lillahi wa inna alayhee rajioon’. its has been 2 days now and i am still bleeding, i would like to ask:

Answered as per Hanafi Fiqh by Askimam.org

i have recently had a miscarriage, at 2 months of being pregnant, i was very happy when i first found out i was expecting, when i saw/lost the baby, i was naturally upset, i said ‘inna lillahi wa inna alayhee rajioon’. its has been 2 days now and i am still bleeding, i would like to ask:

1. when does praying salat become fard on me?

2. i have heard if 1 loses a baby and is patient, Allah forgives the persons sins, and the baby will intercede for both parents until they get to jannat, would that be the case for me, i was only 2 months pregnant?

3. please can you give me a dua that i can read to protect the baby in pregnancy and at time of concieving, i would appreciate it.

thankyou for your time, i look forward to hearing from you, jaza kallah

Answer

In the name of Allāh, Most Gracious, Most Merciful


Assalāmu ῾alaykum wa Rahmatullāhi Wabarakātuh

We express our sympathy to you and ask Allāh Tā`la to ease the condition that you are faced with. Āmeen.

When struck by an affliction, a believer is required to be patient and trust that Allāh Tā`la will reward him for the patience endured in the affliction.  This is called Ihtisāb.

Allāh Tā`la sys in the Holy Qurān:

No calamity befalls except by Allah’s permission, and whosoever believes in Allah, He guides his heart. Allah is the Knower of all things.”

(AlTaghabun, Verse 11).

Hadrat Ummi Salma reports that Nabī (sallāllāhuaīhiwasalam) has said:

“Whenever an affliction strikes a Muslim and he says, as Allah commanded him,

 “Inna lillahi wa inna ilayhi rajiun. Allahumma ajirni fi musibati, wa akhluf li khayran minha –

To Allah we belong, and to Him will we return – O Allah, reward me for my affliction and replace it for me with that which is better,” Allah will then surely replace it for him with that which is better.”

(Saheeh Muslim)

Nabī (Sallāllāhu alahiwasalam) has said in a Hadith:

“How wonderful is the affair of the believer, for all his affairs are good, and that applies to no one but the believer. If something good happens to him he thanks (Allāh Tā`la) and that is good for him, and if something bad happens to him he bears it with patience, and that is good for him.”

(Sahīh Muslim, Pg. 325, Vol. 18, Beirut)[1].

Regarding your query there are two scenarios:

1.) If a few limbs of the foetus had formed at the time of the miscarriage then, the bleeding you are experiencing will be termed as Nifās (bleeding after child birth). Hence Salāt will not be compulsory upon you in the light of that which follows. NB. The laws below will only apply if limbs had formed on the foetus.

The laws of Nifās are as follows:

There is no minimum time for Nifās. However the maximum period that a woman can remain in the state of Nifās is forty days. Any bleeding which passes forty days will be Istihāda.

 (Nurul Iydaah Pg.48)
(Almukhtasar lil quduri Pg.18/19, Rahmaniya)
(Almukhtār, Pg34, Vol1, Beirut)

 A woman in the state of Nifās must abstain from all things she abstains from in her monthly menstrual period.

If this has been your first birth then; if the bleeding stops at or before forty days then, take a Ghusal and begin performing Salāt as normal. During this period (of bleeding) Salāt will not be obligatory upon you.

 If the bleeding continues past forty days then the forty days will be regarded as Nifās and the remaining days will be regarded to be Istihāda. (Laws of Istihāda to follow)

(Almukhtasar lil Quduri Pg.18/19, Rahmaniya)
(Almukhtār, Pg34, Vol1, Beirut)


After the fortieth day you should take a Ghusal, and begin performing Salāt etc.

IF THIS WAS NOT THE FIRST TIME YOU HAVE GIVEN BIRTH, THEN THE FOLLOWING WILL APPLY:

You will regard the period of Nifās to be the same as the previous time you had given birth. This will only be established after completion of forty days from the day of the miscarriage.

 (Almukhtasar lil quduri Pg.18/19,Rahmaniya)
(Almukhtār, Pg34, Vo.l1, Beirut)

i.e. If the previous time you gave birth you experienced Nifās for 30 days .This time more than 40 days have passed and the bleeding has not yet stopped then, once the fortieth day has passed you should take a Ghusal and commence performing your Salāt. As for the Salāt`s of day 30 to day 40, you will have to make Qadā (repeat) of these.

(Hāshiyatut Tahtāwiy Pg 141.Ilmiya)


 If the bleeding exceeds forty days, you will regard your Nifās to have been 30 days and you will have to take a bath and make Qadā of the Salāt from the day the bleeding had stopped until the fortieth day (make Qadā of ten days) the remaining ten days will considered to have been Istihāda and not Nifās.

Should the blood of Nifās stop before forty days, take a bath and commence offering Salāt. If within the forty day period the blood starts to flow again, then it will be considered as Nifās.

2) If no limbs had formed then the bleeding you are experiencing will follow the ruling below:

If this blood can be considered as Haīd (menses) then it will be considered as Haīd, if it cannot be considered as Haid then it will be considered as Istihāda.

(Behisti Zewar Pg.94, Vol 1)

It was necessary for you to take a Ghusal after the miscarriage.

(Hāshiyatut Tahtāwiy Pg.140, Ilmiya)

The laws of Istihāda are as follows:

A lady who experiences Istihāda is termed a Mustahāda; she will have to perform Salāt, fasting and all other obligations of Islām. The blood of Istihāda does not necessitate Ghusal. However the laws pertaining to the Wudu of a Mustahāda will be as follows:

If she bleeds in such a way that she does not find sufficient time to perform Wudu and pray her Salāt in complete purity (without blood coming out) then she will delay her Salāt until such a time that only sufficient time exists wherein she can make Wudu and perform Salāt, in this time she will perform her Salāt even though the blood continues to flow.

For example: Zuhr time sets in at 12:00 and terminates at 3:30. She bleeds from 12:00 right until 3:15 (within this time she had not found sufficient time to perform Wudu and perform Salāt in complete purity) at 3:17 she will perform Wudu and perform Salāt of Zuhr even though the bleeding continues. She will now be regarded as a Ma`zūr (excused). Then, when the time of Asr prayer sets in she will have to renew her Wudu and perform Salāt of Asr as long as the time of Asr still exists (she will not have to delay her Salāt as above).

Her Wudu will break with the commencement of the time of every Salāt and every factor that usually breaks Wudu will break her Wudu except the blood of Istihāda.

For her to remain a Ma’zūr, the bleeding will have to occur at least once in every Salāt time. If in any Salāt time the  bleeding does not occur at all then she will no longer be considered a Ma’zūr and the laws of a Ma’zūr will no longer apply to her.  If the bleeding commences again in the previous fashion after the Salāt time in which there was no bleeding found, then she will have to follow the procedure of delaying Salāt as mentioned above. In conclusion as long as the bleeding continues she will remain a Ma’zūr. 

(Behisti Zewar Pg. 60, Vol,1)
(Hashiyatut Tahatāwi Pg.149/150, Ilmiya) [2]
(Hidāya Vol.1,Pg.169/170 Shirka)
(Alfatāwa Alhindiya, Vol.1, Pg.45/46, Ilmiya)

2.) Hazrat Ibn Abbās (Radiyallāhu anhu) reported that Nabī (Sallāllāhualaīhiwasalam) said:

Whosoever from my Ummah has two children that pass away before the parents then, Allāh Tā`la will enter the parents into paradise because of the two children. So Hazrat Aisha (Radiyallāhu Anha) enquired:

What about the person, who has one child that passes away before them, Nabī Sallāllāhu alahiwasalam replied:  the same will be awarded to those who have one child that passed away before them. Aisha (Radiyallāhu Anha) further asked: what about them who no children passed away before them? Nabī (Sallāllāhu alahiwasalam) replied: then I will be the one to go ahead of them and prepare for them.

This reward is granted to them either because of the patience that they had endured upon the loss of their children or because of the intercession of the children by Allāh Tā’la in favor of their parents.

(Mirqāt, Pg.94, Vol.4, Multan)

Just as a scout goes ahead of a group and makes all the necessary arrangements, so does a child do for his parents when he/she predeceases them.

(Mirqāt, Pg.94, Vol.4, Multan)

The Ulamā have explained that a still born or a miscarriage will bring the same reward that a child will bring for the parents.

(Mirqāt, Pg.94, Vol.4, Multan)
(Lisānul Arāb, Pg.302, Vol.3)[3]

One should not become reluctant in doing good deeds with the hope that one will be entered into paradise through the intercession of one`s deceased children. Rather one should be steadfast in doing good, and the glad tidings of entrance into paradise by virtue of one`s predeceased children should be considered as an extra mercy from Allāh Tā`la. One should not rely totally upon this glad tiding and forsake the practice`s of Dīn.

3.) One should make Du`a to Allāh Tā’la to grant pious, obedient and healthy children in general. However it is good if one recites the following Ayah of the Holy Qurān:

ربنا هب لنا من ازواجنا و ذرياتنا قرة اعين و اجعلنا للمتقين اماما

Oh Allāh Tā`la grant us coolness of our eyes from our spouses and children

(Sura, 25. V.74)

Allāh Tā`la has relates to us in the Qurān the advice of Nūh (Alaihissalam(  to his people. Nūh (alaihissalam) had told his people:

Seek forgiveness from your lord he will increase you in offspring and wealth

(Sura Nūh. Verses, 10/12)

This indicates to the fact that if one seeks forgiveness from Allāh Tā`la, Allāh Tā’la will increase him in children and wealth.

(Tafsīr alqurān Alazīm Libn Kathīr, Pg. 384, Vol.4, Beirut, Dārul Mufīd)

And Allāh Ta῾āla Knows Best
Wassalāmu ῾alaykum

Ml. Muhammed Sindhi,
Student Dārul Iftā

Checked and Approved by:
Mufti Ebrahim Desai
Dārul Iftā, Madrasah In῾āmiyyah



[1] قال رسول الله صلى الله عليه وسلم عجبا لأمر المؤمن إن أمره كله خير وليس ذاك لأحد إلا للمؤمن إن أصابته سراء شكر فكان خيرا له وإن أصابته ضراء صبر فكان خيرا له  ( صحيح مسلم باب المؤمن امره كله خير ))

 

 2( ومن به عذر كسلس بول أو استطلاق بطن ) وانفلات ريح ورعاف دائم وجرح لا يرقأ ولا يمكن حبسه بحشو من غير مشقة ولا بجلوس ولا بالإيماء في الصلاة فبهذا يتوضؤون ( لوقت كل فرض ) لا لكل فرض ولا نفل لقوله صلى الله عليه و سلم ” المستحاضة تتوضأ لوقت كل صلاة ” رواه سبط ابن الجوزي عن أبي حنيفة رحمه الله تعالى فسائر ذوي الأعذار في حكم المستحاضة فالدليل يشملهم ( ويصلون به ) أي بوضوئهم في الوقت ( ما شاؤوا من ( النوافل ) والواجبات كالوتر والعيد وصلاة جنازة وطواف ومس مصحف ( ويبطل وضوء المعذورين ) إذا لم يطرأ ناقض غير العذر… ( ولا يصير ) من ابتلي بناقض ( معذورا حتى يستوعبه العذر وقتا كاملا ليس فيه انقطاع ) اعذره ( بقدر الوضوء والصلاة ) فلو وجد لا يكون معذورا ( وهذا ) الاستيعاب الحقيقي بوجود العذر في جميع الوقت والاستيعاب (حاشية الطحطاوي باب الحيض و النفاس و الاستحاضة)

السقط …: الولد الذي يسقط من بطن امه قبل تمامه (لسان العرب)   و[3]

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