بسم الله الرحمن الرحيم

The Termination of Ḥayḍ

Ḥayḍ terminates when a woman reaches the age of menopause.

N.B. This refers to the age when ḥayḍ terminates totally (i.e., the stage of menopause) and not the end of a regular ḥayḍ period. (i.e., by niṣāb: 3 -10 days OR by law: if it goes over 10 days. In this case, it will be considered to have ended within 10 days based on her previous habit.)

Age of “losing hope” for Ḥayḍ and Nifās (i.e., Menopausal Age)

• Lunar: 55 years. [Preferred Opinion]
• Solar: 53 years 4 months.

See here regarding an exception of 30-year-old menopause.

N.B.

• There is no age limit for istiḥāḍah. [Zād-ul Mutazawwijīn]
• If a woman spots after 55 years and it does not reach the niṣāb (of 3 days), it is istiḥāḍah.

Rule 1: When a woman reaches the age of 55 and her bleeding stops, the judgement of her being in menopause is passed.[1]

Rule 2: The ʿiddah (for a divorce) of a woman who reaches the age of 55 and is no longer seeing blood is counted as 3 lunar months.

N.B.  ʿIddah is:

• 3 lunar months (based on moonsighting even if it turns out to be 29 days): If the divorce occurs on the 1^st of the month.
• 90 days: If the divorce occurred on other than the 1^st of the month. [Raddul Muḥtār 10/280]

See here for details regarding how the 3 lunar months are counted.

Rule 3: If she did not reach 55 years but she stops seeing blood (menses/istiḥāḍah):

• Even though she is considered to be in menopause clinically/medically, she is considered to be in ḥayḍ and the judgement of iyās (menopause) is not passed legally in the Sharīʿah.
• Thus, if she is divorced, her ʿiddah will be counted as 3 ḥayḍ periods. (i.e., she needs to see 3 periods in order to complete her ʿiddah.)
• However, she is no longer seeing her periods so for her ʿiddah to be completed, she has to:

1. Remain in ʿiddah until she is 55.
2. After she turns 55, spend 3 lunar months more in ʿiddah.

N.B. This ruling is difficult; it elongates her ʿiddah period. Therefore, if a woman is finding it unbearable to remain in iddah for such a long period or she fears she may fall into sin, then:

Thānvī states that she must first try eʿlāj (take medication to induce the ḥayḍ). Once she sees 3 ḥayḍ regardless of the colour of blood, she will exit the ʿiddah. Only if she is not successful in this will she try the following:

• Ask a Mālikī Qāḍī to issue a verdict of one year’s ʿiddah. (There is a weak opinion of 9 months as well).
• If a Mālikī Qāḍī not available, then acquire a verdict from a Ḥanafī Qāḍī.
• If a Ḥanafī Qāḍī is not available, then acquire a verdict from a Sharʿī Council.
• If none of the above available, then get a fatwā from a Ḥanafī Muftī according to the Mālikī opinion of one year.

[Raddul Muḥtār 10/270, 277, 279, 280] [Imdādul Fatāwā Jadīd 5/393]  [Kifȳatul Muftī 6/401] [Aḥsanul Fatāwā 5/435]

Rule 4: A woman is not 55 as yet and is nursing her child and she is no longer seeing ḥayḍ (i.e, she is mumtad ṭuhr). So, her ʿiddah will be counted as 3 ḥayḍ periods. Her ʿiddah will not end by the passing of 3 lunar months based on the original ruling.

If she takes medication to induce her ḥayḍ and even if she sees yellow discharge during the days of ḥayḍ, it will be considered as ḥayḍ and her ʿiddah will be counted by it and will be terminated by the passing of 3 such ḥayḍ periods.

“According to The Womanly Art of Breastfeeding (p. 364-366), almost all mothers who are fully breastfeeding their babies are free of menstrual periods for 3 – 6 months or longer. This is called lactational amenorrhea.”

N.B. Since many women experience this, the fuqahā’ specifically mentioned a suckling woman. Otherwise, this ruling applies to all women who have very long ṭuhrs or stopped seeing ḥayḍ before 55 years of age.

Rule 5:

• If after 55 years, a woman sees pure blood (dark black/red in colour), and it reaches the niṣāb (of at least 3 days /72 hours) it is considered as ḥayḍ. (This is the preferred opinion.)[2]
• If she bleeds for less than the niṣāb (less than 72 hours) even if it stops 1 minute before the niṣāb, then it is not considered as ḥayḍ.

Scenario:

• A woman does not see blood for a couple years (for e.g., 3 years) after the age of 55.
• Then, when she’s 58, she bleeds (dark red/black in colour) for 3 full days or more, it is considered as ḥayḍ.
• However, if she bleeds for less than 3 full days, it is not considered as ḥayḍ.

Rule 6: If she sees other than pure blood (dark black /red in colour). For instance, she sees blood that is brown, yellow or muddy in colour:

Opinion 1: Birgivī: The restriction of pure blood (dark red/black) indicates that if she does not see pure blood (brown, yellow, muddy in colour) for 3+ days it is not ḥayḍ. Rather, it is istiḥāḍah.

• Their reasoning for this being istiḥāḍah and not ḥayḍ:

This is omitted by the restriction “flowing from the womb” as these colours do not come out from the womb.

Opinion 2:  ʿAllāmah Shāmī in “Raddul Muḥtār” mentions:

This ruling is actually based on what her habit was before menopause (55 lunar years):

• If before the age of 55, her ḥayḍ habit was dark red or black, then after 55, if she sees yellow, brown or muddy coloured blood it will not be ḥayḍ, rather it will be istiḥāḍah.
• If before the age of 55, her ḥayḍ habit was yellow, brown or muddy in colour, after 55, if she sees yellow, brown or muddy coloured blood for 3+ days, it will be ḥayḍ and not istiḥāḍah.
• If before the age of 55, her ḥayḍ habit was as blood in clots, after 55 if she sees blood in clots for 3+ days, it is considered as ḥayḍ.

N.B: This is the more correct opinion.

(Also see: Kitābul Masā’il by Muftī Salmān Mansurpurī Vol.1 Pg.233)

Rule 7:

• If a woman sees blood (dark red/black/other habitual colour) after 55 years, the ruling of not being in menopause will only be passed regarding the future and not the past.
• Thus, the nikāḥ that was initiated after her ʿiddah but before the blood returned does not become invalid.[3]

Scenario explaining this ruling:

• A woman is 55 + years old and is considered to be in menopause.
• She is then divorced.
• So, her ʿiddah is counted as 3 lunar months or 90 days as mentioned previously.
• After these 3 months of ʿiddah have passed, she marries another man.
• After this 2^nd marriage, she now sees dark black/red or another colour that was her habit for at least 3 days.

Solution:

• This is considered as ḥayḍ.
• This means that she is no longer in menopause.
• This ruling (of not being in menopause) will only apply to the future and not the past.

The ruling is not applied to past. Therefore:

1. After her divorce, counting her ʿiddah as 3 lunar months is a valid ʿiddah.
2. Her 2^nd marriage is a valid nikāḥ.

The ruling is applied to the future. Therefore:

3. If she is then divorced by this 2^nd husband, her ʿiddah will be now counted as 3 ḥayḍs.

Rule 8: If she counts her ʿiddah by months. Then:

• She saw blood of ḥayḍ before the completion of the 3 lunar months, she has to restart the counting of her ʿiddah as 3 ḥayḍ periods.
• She saw blood of ḥayḍ after the completion of the 3 lunar months, she does not have to restart the counting of her ʿiddah. Her ʿiddah will be valid.[4]

Scenario explaining this ruling:

• A woman is 55 + years old and is considered to be in menopause.
• She is then divorced.
• So, her ʿiddah is counted as 3 lunar months or 90 days as mentioned previously.
• During these 3 lunar months of ʿiddah, she sees dark black/red or another colour that was her habit for at least 3 days.

Solution:

• This ʿiddah of counting as three lunar months becomes nullified.
• She would have to restart her ʿiddah by counting it as 3 ḥayḍ (i.e., she has to see 2 more ḥayḍ periods for her ʿiddah to be completed.)

Question: If after this ḥayḍ which broke her ʿiddah by lunar months, she does not see her ḥayḍ again, how would she continue and complete her ʿiddah?

Answer:

• Take medication to induce ḥayḍ. If this does not work, then:
• Wait for 6 months in ʿiddah. If she sees no ḥayḍ, she is considered to be in menopause again after the 6 months. Then sit in ʿiddah for 3 more lunar months. After the 3 lunar months have passed, her ʿiddah is completed.

See here for details regarding the reason behind 6 months ʿiddah.

• If one wants to be more cautious then they could use the previous method:
  • Hazrat Thānvī states that she must first try eʿlāj (take medication to induce the ḥayḍ). Once she sees 3 ḥayḍ regardless of the colour of blood, she will exit the ʿiddah. Only if she is unsuccessful in this, will she try the following:
  • Ask a Mālikī Qāḍī to issue a verdict of one year’s iddah.
  • If a Mālikī Qāḍī is not available, then acquire a verdict from a Ḥanafī Qāḍī,
  • If a Ḥanafī Qāḍī is not available, then acquire a verdict from a Sharʿī Council
  • If none of the above available, then get a fatwā from a Ḥanafī Muftī according to the Mālikī opinion of one year.
  • One year would be the most cautious opinion.

    And Allāh Taʿālā knows best.

    References

    Manhalul Waridīn Pages 122-123 & 164-168.

    Zād-ul Mutazawwijīn

    Raddul Muḥtār 2/308-309. 10/270,277,279,280

  • [Imdādul Fatāwā Jadīd 5/393]
  • Kifȳatul Muftī 6/401Aḥsanul Fatāwā 5/435

[1] Benefit of passing the judgement of Menopause:

• ʿAllāmah Shāmī states: The benefit of the qāḍī passing this judicial decree is so that she can pass her ʿiddah by 3 lunar months on the condition that she does not see any ḥayḍ during those 3 months.
• Rāfiʿī states: The more apparent benefit for the decree is to remove the ikhtilf (difference of opinion) regarding the starting period/boundary of menopause. Since counting ʿiddah by lunar months is not suspended on a judicial decree.

 [Raddul Muḥtār 2/308-309]

• Zāhidī states: the decree of the qāḍī is not a condition for passing the ruling (that a woman is in menopause). This is the most apparent. So, when she reaches the period of menopause, she will pass ʿiddah by months and she is not in need of a judicial decree with regards to that. [Zād-ul-Mutazawwijīn]

[2] Other Opinions:

• Some scholars: If after 55, she sees blood it is not ḥayḍ. Ṣadr Sharīʿah considers this as the Ẓāhir Riwāyah. However, in “Mabsūṭ”, Sarakhsī, a greater Ḥanafī jurist, mentions that the ẓāhir riwāyah is that it is considered as ḥayḍ as mentioned in the rule above.
• If the judgement of her being in menopause is passed, then if she sees blood after 55, it is not ḥayḍ. Conversely, if the judgement is not passed of her being in menopause, then it is considered as ḥayḍ. (This is not the ṣaḥīḥ)

[3] After mentioning that if after menopause began, the ḥayḍ returns, “Fatāwa Tārtarkhāniyah” lists the following scenario:

• “If the qāḍī had issued the verdict of the permissibility of that nikāḥ (which was contracted after she finished 3 lunar months of ʿiddah, after 55 years of age), then she saw blood, the judgement of the invalidity of the nikāḥ would not be issued. The method of qaḍā’ would be that one of the spouses claim that the nikāḥ is invalid due to the ʿiddah stillstanding, so the qāḍī will pass a verdict that the nikah is valid and that the ʿiddah had ended already by the 3 months passing.” [Fatāwa Tārtarkhāniyah 5/229]
• Hazrat Thānvī says, “To practise on this opinion there will be a need for a qāḍī’s decree…. In accordance with this fatwā, the Muslim judge should give this woman the permission to pass her ʿiddah and contract a second nikah.” [Imdādul Fatāwā Jadīd 5/393]

[4] In “Hidāyah”, it is mentioned that in the scenario where a woman sees ḥayḍ after completing her ʿiddah by counting it as 3 lunar months, her ʿiddah breaks and the nikāḥ she performed also becomes invalid.

However, the opinion mentioned in “Mujtabā” as stated above (it does not break the ʿiddah nor make the nikāḥ invalid) is more correct than that which is mentioned in “Hidāyah”