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The menstruating woman touching or kissing the newborn baby

Question

My son died after 15 days of delivery due to some respiratory problem. He was in hospital since the date of birth in ICU. As he was in critical condition doctors advised us to see from far you cannot touch or kiss your baby. But after 2 weeks he expired. My question is that my family members told my wife that do not kiss or touch the baby because she was in periods. How it is possible a mother cannot touch or kiss her own baby. She didn't touch while he was in hospital and when he expired. is this belief is correct or wrong. Please give me fatwa in the light of quran and hadith.

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 ( may  Allaah exalt his mention ) is His slave and Messenger.

First of all, we present our sincere condolences to you on the occasion of the death of your son, and we tell you: "Verily, to Allaah Belongs what He Took and to Him Belongs what He Gave, and everything with Him has an appointed time; therefore you should be patient and hope for the reward of Allaah."

We ask Allaah to make him a preceding reward for you.

As regards believing that a woman in post-partum bleeding cannot touch her baby, then this is a wrong belief and there is no evidence proving it in the Book of Allaah and the Sunnah of the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) and no former or contemporary Muslim scholar has ever said so, as far as we know. This belief is like the belief of the Jews about a menstruating woman, as they consider her being impure and they do not eat or drink with her or live with her under the same roof.

Anas  may  Allaah  be  pleased  with  him said: "The Jews used not to sit with a woman in menstruation in the same home, and they do not eat or drink with her, ….then the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) said: ''You may enjoy your wives as you please [while they are in menses] except having intercourse with them. (i.e. hug or kiss them etc.)."

Moreover, it is confirmed that the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) used to drink in the same container from which 'Aa'ishah  may  Allaah  be  pleased  with  her had drunk while she was in menses. In addition to this, he used to put his mouth exactly in the same place where she put her lips.

Therefore, it is permissible to mix with women who are in menses or in post-partum bleeding, and it is permissible for them to touch things with their hands and this does not render those things impure.

Consequently, your relatives should not have issued Fataawa without knowledge, and they should not have prevented your wife from kissing and touching her baby.

Allaah Knows best.

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