When is the bleeding following an abortion regarded as nifaas

bemuslim

Junior Member
Praise be to Allaah.

When is the bleeding following an abortion regarded as nifaas?

Question:
Someon has just had an abortion, is it permissioble for her to fast or does she have to wait a certain period of time?.

Answer:
Praise be to Allaah.

It is not permissible for a woman who is bleeding following childbirth to fast, and her fast is not valid. She has to make up the days that she missed because of nifaas (post-partum bleeding).

Nifaas is the blood passed by a woman because of childbirth.

But if a woman miscarries (or has an abortion), the blood that she passes is not considered to be nifaas unless the foetus had human features.

Human features do not appear in the foetus before eighty days of pregnancy, because the Prophet (peace and blessings of Allaah be upon him) said: “The creation of any one of you is put together in his mother’s womb for forty days, then he becomes a ‘alaqah (a piece of thick coagulated blood) for a similar period, then he becomes like a chewed piece of flesh for a similar period, then Allaah sends an angel who is enjoined to write down four things, and it is said to him: ‘Write down his deeds, his provision, his lifespan and whether he is doomed for Hell or destined for Paradise. Then the soul is breathed into him.” Narrated by al-Bukhaari, 3208.

This hadeeth indicates that a human being goes through a number of stages during pregnancy.

For forty days he is a nutfah (mixed drops of male and female sexual discharge, for the next forty days he is a ‘alaqah (a piece of thick coagulated blood), then for forty days he is a mudghah (a lump of chewed flesh), then the soul is breathed into him after one hundred and twenty days have passed.

Human features begin to appear at the mudghah stage, not before that, because Allaah says (interpretation of the meaning):

“O mankind! If you are in doubt about the Resurrection, then verily, We have created you (i.e. Adam) from dust, then from a Nutfah (mixed drops of male and female sexual discharge, i.e. the offspring of Adam), then from a clot (a piece of thick coagulated blood) then from a little lump of flesh — some formed and some unformed (as in the case of miscarriage) — that We may make (it) clear to you (i.e. to show you Our Power and Ability to do what We will)”

[al-hajj 22:5]

Allaah described the mudghah as being formed and unformed. What is meant by formed is that there appear on the embryo traces of how the body will look, such as the head, limbs, etc.

Based on this, if this woman had an abortion, if that happened before eighty days of pregnancy, then the blood she passes is not the blood of nifaas, rather it is istihaadah (non-menstrual bleeding) which does not stop her from praying and fasting, but she has to do wudoo’ for each prayer.

If the abortion took place after the soul was breathed into the foetus – i.e., after one hundred and twenty days of pregnancy – then the blood is definitely nifaas.

If the abortion took place between eighty and one hundred and twenty days, then the embryo should be examined. If it has human features then the blood is nifaas, and if it does not then the blood is istihaadah.

Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) said in his essay al-Dima’ al-Tabee’iyyah li’l-Nisa’ (The Natural Blood of Women), p. 40:

Nifaas is not established unless the embryo expelled has human features. If she expels a small embryo that has no human features then her bleeding is not nifaas, rather it is bleeding from a vein, so it comes under the same ruling as istihaadah. The earliest at which human features may appear is eighty days from the beginning of pregnancy, but it usually happens at ninety days.

The woman in nifaas has to stop praying and fasting until she becomes pure. When the bleeding stops and she becomes pure, she should do ghusl and pray and fast. If the bleeding lasts for more than forty days, if the additional bleeding coincides with her usual menstrual cycle then it is hayd (menstruation); if it does not coincide with her usual cycle then it is istihaadah, so she should do ghusl and pray and fast, and do everything that women who are taahir (pure) do.

See question no. 10488, 37662.
http://www.islamqa.com/index.php?ln=eng&ds=qa&lv=browse&QR=37784

And Allaah knows best.
 

UmmOf3

Junior Member
Salaam aleikum

Muslimguy, abortion is not just provocated abortions, it can happen spontaniously, also known as miscarriage, it can happen to any woman. Actually, most women go through that once or more.

A provocated abortion is not alowed in islam, only if there is a danger to the mothers health, or if it is proven that child has illnesses that makes it impossible to live outside uterus.
 

bemuslim

Junior Member
The fuqaha’ of the Sunni Islamic madhhabs are agreed that it is haraam to kill the fo

Praise be to Allaah.

The fuqaha’ of the Sunni Islamic madhhabs are agreed that it is haraam to kill the foetus after the soul has been breathed into it, i.e., after 120 days have passed since conception. It is not permissible to kill it under any circumstances except when continuing the pregnancy would lead to the mother’s death.

The differences among the fuqaha’ have to do with abortion in the period before the soul is breathed into the foetus. After the soul is breathed into it, the fuqaha’ are agreed that the foetus has become a human being and a soul which has dignity and is to be respected. Allaah says (interpretation of the meaning):

“And indeed We have honoured the Children of Adam…”[al-Israa’ 17:70]

And He says (interpretation of the meaning):

“… if anyone killed a person not in retaliation of murder, or (and) to spread mischief in the land — it would be as if he killed all mankind, and if anyone saved a life, it would be as if he saved the life of all mankind…”[al-Maa'idah 5:32]

The Maaliki faqeeh Ibn Jizzi narrated in al-Qawaaneen al-Fiqhiyyah that there was scholarly consensus that it is haraam to have an abortion after the soul has been breathed into the foetus. He said: “When the womb has accepted the sperm it is haraam to interfere with it. It is worse (to do so) when it has been formed; and it is worse when the soul has been breathed into it, for that is considered to be the killing of a soul, according to scholarly consensus.” (al-Qawaaneen al-Fiqhiyyah, 141)

Similarly it says in Nihaayat al-Muhtaaj: “The prohibition becomes stronger the closer the time is for the soul to be breathed into the foetus, because it is a crime. Then if it has taken on a human form and the midwives can palpate it, it must be protected fully.” (Nihaayat al-Muhtaaj, 8/442)

The author of al-Bahr al-Raa’iq stated that when some of the features of the foetus become distinct, it is to be considered as a child. The author of al-Binaayah said: “It is not permitted to interfere with the foetus once its features have become distinct. If it can be distinguished from the ‘alaqah (clot) and the blood, it should be considered as having become a soul, and there is no doubt that the sanctity of the soul is protected by scholarly consensus and by the texts of the Qur’aan.”

Thus it is clear to us that abortion after the soul has been breathed into the foetus is a crime which it is not permitted to commit, except in cases of extreme and certain necessity, not where necessity is merely imagined, i.e., where the necessity is proven. This means cases where preserving the foetus would put the mother’s life in danger, noting that with the advances in modern medicine and the scientific possibilities available nowadays, abortions performed to save the mother’s life have become very rare.
 

muslimguy

Junior Member
:salam2:
jazak allah khairan UMMOF3, I understood it the wrong way. thanx for clarifying that for me. may Allah guide us all to the right path.

:tti_sister:
:salam2:
 
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