blood during the time of her habit, she shall not have intercourse, as he [Ibn Hanbal] explicitly stated; because it is a time that coincides with the time of menstruation, so intercourse is not permissible during it, just as if it had not ceased. There is another narration from him: there is no harm in having intercourse with her. Al-Khallal said: The more cautious [position] in his statement, based on what they agreed upon, other than the three [initial] months, is that he should not have intercourse with her.
96 - Issue: He said: "If the blood continues for her and is not distinguishable (la yatamayyaz), she shall sit in every month for six or seven [days]; because the majority of women menstruate in this manner."
His statement: "The blood continues for her" means it exceeds the maximum duration of menstruation. His statement: "It is not distinguishable" means her blood was not separate [in qualities] in the manner we have mentioned. Therefore, her ruling is that she should sit for six or seven days in every month. Al-Khiraqi has mentioned its rationale, which is that the majority of women menstruate in this manner. The apparent implication is that the menstruation of this woman is like the menstruation of the majority of women, so it is obligatory to refer her to that, just as referring her in terms of time to one menstruation in every month. This is one of the two statements of al-Shafi'i. From Ahmad, there is [a position] that she sits for a day and a night from every month. This is the second statement of al-Shafi'i, because that is the certainty, and whatever exceeds it is doubtful; and one does not move away from certainty due to doubt. From him, there is a third narration: that she sits for the maximum duration of menstruation. This is the school of Abu Hanifa, because it is the time of menstruation, so if she sees blood during it, she sits for it, like the one with a habit. From him, there is [another position] that she sits according to the habit of the women of her family; this is the statement of 'Ata', al-Thawri, and al-Awza'i, because the most common case is that she resembles them in their habit. The first [view] is better, due to the hadith of Hamna, for the Prophet (peace be upon him) referred her to six or seven, and did not refer her to the certainty, nor to the habit of the women of her family, nor to the maximum duration of menstruation. Also, because she is referred to the common habit of women regarding its timing, as she sits once in every month; thus, [the same applies] regarding the number of her days. By this, what we mentioned regarding [referring to] certainty and the habit of the women of her family is invalidated.
Section: Is she referred to that [six or seven days] if the blood continues for her in the fourth month or the second? The explicitly stated position is that she is not referred to six or seven except in the fourth month, because we did not assign her [the ruling of] menstruation for more than that if she were not a mustahada (woman with prolonged vaginal bleeding). So it is more appropriate that we do so if she is a mustahada. Al-Qadi said: It is possible that she moves to it in the second month without repetition, because we have already known her state of istihada (prolonged bleeding), so there is no meaning in repetition in her case.
