Assalamualaikum,
My wife went to her parents’ house and she was 3 months pregnant. There she had a miscarriage and her bleeding stopped immidiately. Is it mandatory for her to stay at her parents’ house for 40 days if she wants to go to her husband because she needs him more than anyone else at a time like this?
الجواب وباللہ التوفیق
In the situation inquired about if the baby in the womb of the mother had developed some limbs or any one limb such as hair, nails, hands, feet, fingers, etc. then the bleeding after the miscarriage would be نفاس (Nifaas). As soon as the bleeding stops the woman will be pure.
If none of the limbs had developed then the bleedings afterwards is not نفاس (Nifaas), it is either حیض (Haidh) or استحاضہ (Istihadha). If the bleeding continues for three days or more then it is حیض (Haidh) and if it is less than three days then it is استحاضہ (Istihadha).
It is impermissible for a woman to pray Salaat or fast during حیض (Haidh) and نفاس (Nifaas) while the woman will be pure during استحاضہ (Istihadha) and after having purification it will be compulsory on her to perform these acts of worship.
In regards to the issue of staying at her mother’s house, this is not a شرعی (Shara’i) issue. The woman stays at her mother’s house for resting. If she wants to return to her husband and she needs her husband then she certainly should come.
واللہ اعلم بالصواب