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Why can’t we eat or drink during menses bleeding even if fast is not counted?

Answered as per Hanafi Fiqh by Muftisays.com
Assalam-O-Alaikum,
Everyone knows that fast breaks when menses bleeding starts, but the Pakistani maulvi of our local mosque says that although that fast is not counted and is considered to be repeated, still, we are not allowed eating or drinking until Iftaar of that day, even if bleeding started right after Sohr, after fajr time started.
Please explain this in the light of the Hadith.
Jazak Allah Khair.

Answer
Bismillaah-ir-Rahmaan-ir-Raheem.

Wa ‘Alaykumussalaam wa Rahmatullaahi wa Barakaatuh.

It is Wajib (incumbent) on a woman who COMPLETES her menstruational period during the day, to refrain from eating, drinking, and sexual activity until sunset. In other words, although her fast is not counted, she will have to behave as if she is fasting. This will apply even if she became pure just after the time for suhoor ended. This is because, once she has become pure from her menstruation, she is in a condition where fasting is Fardh (obligatory) on her, though she was unable to do so because she only became pure mid-way through the prescribed time for fasting. Therefore, it is necessary for her to pretend she is fasting.

However, this rule does NOT apply in the case of a woman who’s menstruational period STARTED during the day. If a woman begins her monthly menstruation while fasting, the fast will automatically break. As stated, the fast is nullified as soon as the period begins. It is Haraam (forbidden) for a woman to fast while on her period. Refraining from eating in this case, will be pretending to fast in a condition where fasting is Haraam. And immitating a Haraam act, is also Haraam. Therefore, if a woman gets her period during the day, she SHOULD eat something, without making it obvious to other people, so that she does not immitate a Haraam act (i.e fasting during menstruation). (Noorul-Iydhaah, Khawaateen ke masaa’il aur unka Hal)

And Allaah knows best.

Wassalaam.

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A. Z. Pandor

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This answer was collected from MuftiSays.com, based in London (UK). It is one of the fruits of Darul Uloom London. Many ‘ulama are involved in answering the Q&A on the site, including: Shaikul Hadeeth Mufti Umar Farooq Sahib, Mufti Saifur Rahman Sahib, Mufti Abdullah Patel Sahib, Maulana Qamruz Zaman Sahib, Mufti Abu Bakr Karolia Sahib.

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