What is the Legal Status of the Blood from a Woman Who Had a Miscarriage?


Hanafi

Answered by Ustadh Faraz A. Khan

Question: Assalam alaikum,

What are the details for a women when she has a miscarriage and reading salah at different stages of the pregnancy?

I have heard if it is an early pregnancy (she has a miscarriage at 6 weeks) then this is not counted as Nifas rather Istihada. Is this correct?

Answer: Assalamu alaikum wa rahmatullah,

I pray this finds you in the best of health and faith.

The basic rule is that if the miscarried fetus had any sort of physical development- such as hand, foot, finger, nail, or hair – then it is a baby and the blood is considered postnatal bleeding (nifas).

If no physical development appears on the fetus, it is not deemed a baby. In that case, the blood that exits afterwards is deemed menstrual blood (hayd) if it lasts three full days (72 hours) and was preceded by a complete tuhr (i.e., no blood for at least fifteen days) since her last menstrual period.

Otherwise, it is most likely non-menstrual discharge (istihada), but one would have to consult a scholar with specific details as it could still be menstrual blood depending on the exact scenario.

[Hadiyya ‘Ala’iyya; Haskafi/Ibn Abidin, al-Durr al-Mukhtar, Radd al-Muhtar]

At six weeks, it is highly unlikely that the fetus was developed, making the blood either hayd or istihada depending on when she saw it.

In any case, please consult a scholar with the specifics of the scenario.

And Allah knows best.

wassalam
Faraz A. Khan

Checked & Approved by Faraz Rabbani