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Fatwa CenterThe prayers due when menstruation stops after the ‘Asr prayer
Question
I read a fatwa issued by your Fatwa Center stating that when a menstruating woman becomes pure after the ‘Asr (afternoon) prayer, according to the majority of scholars, she has to pray Thuhr (noon) and ‘Asr (afternoon) prayers. What is the evidence? As far as I know, she has to perform the prayer whose fixed time is due at the cessation of blood. As for the previous prayer, she was not under obligation to pray it during its due time.
Answer
All perfect praise be to Allaah , the Lord of the worlds. I testify that there is none worthy of worship except Allaah and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.
When menstruation stops before sunset, a woman is required to perform both the Thuhr and ‘Asr prayers. This is the opinion of some of the Companions and most of the Tabi‘is, except Al-Hasan Al-Basri. According to the Maaliki scholars, such an obligation is conditioned when there is enough time for praying five Rak‘ahs before sunset. If there is not, she has to pray only the ‘Asr prayer.
Ibn Qudaamah, may Allaah have mercy upon him, said:
"If menstruation ended, the disbeliever embraced Islam or the young reached the age of puberty before sunset, they have to pray Thuhr and ‘Asr prayers. They also have to pray the Maghrib (sunset) and ‘Isha’ (night) prayers if their state is changed before dawn. This opinion is also adopted by ‘Abdur-Rahman ibn ‘Awf, Ibn ‘Abbas, Tawoos, An-Nakh‘i, Az-Zuhri, Rabee‘ah, Maalik, Al-Layth, Ash-Shaafi‘i, Is-haq and Abu Thawr regarding the case of the menstruating woman."
Imaam Ahmad, may Allaah have mercy upon him, said, "Most of the Tabi‘is adopted this opinion except Al-Hasan who said, 'She has to perform the prayer whose fixed time is due at cessation of blood.'" The opinion of Al-Hasan is held also by Ath-Thawri and the Hanafi scholars. They argued that the due time of the first prayer expired before eligibility for prayer and therefore she is excused. The same is applied to the second prayer when it is due time expires before eligibility for prayer."
It is reported that Maalik, may Allaah have mercy upon him, adopted the opinion that if there is enough time for praying five Rak‘ahs (units of prayer) during the due time of the second prayer, the first prayer must be performed because the time of the first Rak‘ah is considered to be the time of the first prayer (Thuhr) in case of excuse. It is as if a person realized the time of the Rak‘ah before expiry of the prayer's optional time.
Our opinion is supported by the narration of ‘Abdur-Rahman ibn ‘Awf and Ibn ‘Abbaas, may Allaah be pleased with them, which is reported by Al-Athram, Ibn Al-Munthir and others, may Allaah have mercy upon them, that they said: "If a menstruating woman became pure before dawn, having sufficient time to perform one Rak‘ah, then she has to pray the Maghrib (sunset) and the ‘Isha’ (night) prayers. The same ruling applies if she realizes sufficient time for one Rak‘ah before sunset, she has to pray Thuhr and ‘Asr prayers. The time of the second prayer (‘Asr or Isha’ prayer) is also the time of the first prayer (Thuhr or Maghrib) prayer in case of excuse. Consequently, if the excused person realized the time of the first prayer, he has to perform it just as he has to perform the second."
Therefore, when the menstruation stops before sunset, a woman is required to perform both the Thuhr and ‘Asr prayers. This is the opinion of some of the Companions, may Allaah be pleased with them, and most of the Tabi‘is, except Al-Hasan Al-Basri, may Allaah have mercy upon them. Attaining purity from menstruation during the time of the ‘Asr prayer does not prevent the obligation of the Thuhr prayer since the time of the latter, in case of excuse, is extended to sunset. The Maaliki scholars extended it to sunset even if there is no excuse.
Allaah Knows best.
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