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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 1 · Page 453Section

Translation · EN

your menstruation used to restrain you, then perform ghusl and pray." Narrated by Muslim (5). 'Adi ibn Thabit also narrated from his father, from his grandfather, from the Prophet (peace and blessings of Allah be upon him) (6) regarding the woman experiencing irregular bleeding (istihadah): "She shall leave the prayer for the days of her periods (aqra'), then perform ghusl, fast, pray, and perform wudu for every prayer." It was recorded by Abu Dawud and al-Tirmidhi (7). There is no proof for him in this hadith for abandoning [the consideration of] the habit in the case of one who has no distinction.

Section: The school of thought does not differ (8) that the habit is not established by one instance, [though] the apparent view of the Shafi'i school is that it is established by one instance. Some of them said: It is established by two instances; because the woman (9) for whom Umm Salamah requested a religious ruling from the Messenger of Allah (peace and blessings of Allah be upon him) was referred to the month that follows the month of irregular bleeding, and because that is closer to her, so it is necessary to refer her to it. Our evidence is that the term 'habit' (adah) is derived from 'recurrence' (mu'awadah), and recurrence does not occur with a single instance, and the hadith is evidence for us; because he said: "Let her observe the number of nights and days which (10) she used to (11) menstruate in the month before what has afflicted her occurred to her." And "used to" (kana) indicates the continuity and repetition of the action, and that does not occur with one instance; nor is it said of someone who did something once: "He used to do [it]." In the other hadith: "She shall leave the prayer for the days of her periods (aqra')." And 'aqra'' is a plural, and its minimum is three, and the rest of the hadiths indicating the habit point to this. We do not understand the term 'habit' as ever meaning a one-time action. There is a difference of opinion: Is it established by two or three [instances]? According to one narration from him, it is established by two instances; because it is derived from recurrence, and she has had it recur on the second instance. According to another narration, it is not established except by three; due to the apparent meaning of the hadiths, and because...

Notes

(5) Preceded on page 388. (6) In [MS] M there is an addition: "He said". (7) Recorded by Abu Dawud in: 'Chapter regarding the woman who experiences irregular bleeding and who says... etc.' and in: 'Chapter regarding the one who says she must perform ghusl from one period of purity to the next,' from the Book of Purification. Sunan Abi Dawud 1/64, 70. And al-Tirmidhi in: 'Chapter regarding what has been narrated that the woman with irregular bleeding must perform wudu for every prayer,' from the Chapters of Purification. 'Aridat al-Ahwadhi 1/199. It was also recorded by Ibn Majah in: 'Chapter regarding what has been narrated about the woman with irregular bleeding who had a habit of her days of periods before the blood became constant,' from the Book of Purification. Sunan Ibn Majah 1/204. (8) Omitted from: M. (9) In [MS] M there is an addition: "the first," which is an error. (10) In the original: "allati" (the feminine plural relative pronoun). (11) Omitted from: M.

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