Commentary on the Hadith Concerning Touching a Menstruating Woman

Praise be to Allah,

 

Narrated ‘Aa’ishah (R.A):

 

“The Prophet (PBUH) and I used to take a bath from a single pot while we were Junub.[i] (Aa‟ Aishah added): And he (PBUH) used to order me to put on an Izaar (Dress worn below the waist) and used to fondle me while I used to be in my periods (menses).[ii]

 

(„Aa‟Aishah added): While in I‟tikaaf, he (PBUH) used to bring his head near me, and I would wash it while I used to be in my period (menses).”[iii]

 

Important Points Derived from the Hadeeth:

 

1. The permissibility of two married people in the state of major sexual defilement taking a Ghusl from the same container.

 

2. The permissibility of fondling the woman while in her state of menses, as long as they don’t engage in the actual sexual intercourse. The body of a woman in this state is considered Taahir (clean),[iv] and does not become najas (impure) due to the Haid, [such that one would become defiled by coming in contact with her, except for the place of bleeding].

 

3. That it is recommended for the woman to wear a lower garment (Izaar) at the time when her husband holds her or fondles her.

 

4. That one should take protective measures to avoid falling into that which is prohibited.

 

5. The prohibition of the woman in menses entering the Masjid.[v]

 

6. The permissibility of her handling those things which are moist or dry, including washing the hair and combing it.

 

7. The person who is in I‟tikaaf (in seclusion in the Masjid), is not considered to have gone out of the Masjid if he merely sticks his head out. By analogy (Qiyaas) other parts of the body also fall under the same ruling, as long as the whole body is not outside.

 

8. The permissibility of explicitly mentioning what causes embarrassment for the benefit.

 

9. The permissibility of the person in the state of Itikaaf to wash his head and clean it.

 

10. The person in the state of Itikaaf removing some of the body parts from the mosque does not nullify his itikaaf.

 

11. The excellence of the prophet’s relationship with his family.

 

Allah Knows Best.

Copied from Sources:

Arousing the Intellects with the Explanation of Umdatul Ahkaam. The Book Of At-Taharaah by Allama Sheikh Salih Ibn Uthaymeen (May Allah have mercy on him). page  110

Tayseer al-Allaam Sharh Umdatul-Ahkaam by Shaykh Abdullah ibn Abdur – Rahmaan Aal Bassaam. Page 83

[i] Saheeh Bukhaari, Volume 1, Book 6, Hadeeth Number 299, p. 209; Saheeh Muslim, Volume 1, Book 3,

Hadeeth Number 729, p. 436-437

[ii] Saheeh Bukhaari, Volume 1, Book 6, Hadeeth Number 300, p. 209; Saheeh Muslim, Volume 1, Book 3, Hadeeth Number 679, p. 415

[iii] Saheeh Bukhaari, Volume 1, Book 6, Hadeeth Number 301, p. 209; Saheeh Muslim, Volume 1, Book 3, Hadeeth Number 686, p. 418

[iv] ‘Aa’ishah (may Allaah be pleased with her) narrated: Allaah’s Messenger (peace be upon him) said to me,

“Bring me the Khumrah (a type of mat) from the Masjid.” She said, “I am menstruating.” He said, “Indeed

your menstruation is not in your hand.” [Saheeh Muslim, Volume 1, Book 3, Hadeeth Number 689 – 690,

1. 419] – Ed.

[v] It was narrated that Jasrah said: Umm Salamah (R.A) told me: The Messenger of Allaah (PBUH) entered the courtyard of this mosque and called out at the top of his voice, “The mosque is nor permissible for anyone who is sexually impure or any woman who is menstruating.” [Sunan Ibn Maajah, Volume 1, Hadeeth Number 645, p. 428 – 429; Classed as Da‟eef by Haafiz Aboo Taahir Zubayr ‘Alee Za’i]

It was reported from Aflat ibn Khaleefah who said: Jasrah bint Dijaajah narrated to me, she said: I heard

‘Aa’ishah (may Allaah be pleased with her) saying: The Messenger of Allaah (PBUH) once came and saw that the doors of his Companions houses were exciting into the Masjid. He said, “Turn these (doors of) the houses away from the Masjid.” Then the Prophet ( ) entered (one of his houses), but the people did not do anything, hoping that a concession might be revealed for them. He (peace be upon him) said, “Turn these (doors of the) houses away from the Masjid, for I do not permit the Masjid for a menstruating woman or sexually impure person.” [Sunan Aboo Daawood, Volume 1, Book 1, Hadeeth Number 232, p. 149 – 150]

Sheikh Al-Albani said: “Citing these narrations in this manner gives the reader the impression that they are two hadeeths with two distinct Isnaads (chains), one from „Aa‟ishah and one from Umm Salamah. This is not the case, because they are one hadeeth with one Isnaad reported via Jasrah bint Dijaajah who was inconsistent in its narration and said once, “From „Aa‟ishah”, and another time, “From Umm Salamah”. Inconsistency is a cause of weakness for a Hadeeth, as is well – known among the scholars of Hadeeth, because it is an indication of the narrator‟s inaccuracy and faultiness. Additionally, this narrator Jasrah was not approved by anyone whose approval is reliable. Rather, al – Bukhaari said, “She has puzzling narrations.” Because of this, a group (of scholars) have considered this hadeeth weak, as indicated by al – Khattaabee. Also, al – Bayhaqee said, “This is not a reliable hadeeth.” „Abdul – Haq said, “It cannot be approved.” And Ibn Hazm, though a little excessive, said, “It is baseless.” [Translated from Tamaam ul – Minnah fit – Ta‟leeqi „alaa Fiqh is – Sunnah, p. 118, as quoted in ‘Worship During Menses‟, p. 51, by Dr. Muhammad al – Jibaaly, al – Kitaab & as – Sunnah Publishing, 2001] – Ed. 9 Saheeh Bukhaari, Volume 1, Book 6, Hadeeth Number 297, p. 208; Saheeh Muslim, Volume 1, Book 3, Hadeeth Number 692, p. 420