Abu Dawud

262. Commentary:
The Khawarij are also called Haruriyyah in relation to the place Harura, because after rebelling against Ali radi Allahu anhu, their very first gathering took place at the location of Harura, which was near Kufa. They also held the view that a menstruating woman (ha’idh) must make up (qada) the prayers missed during her menstrual days. Their doctrine was that only what is established from the Qur’an is actionable, and whatever additional matters are found in hadiths have no legal status. Furthermore, they believed that one who commits a major sin (kabirah) is a disbeliever (kafir).

Explanation:
Our respected Shaykh, Mawlana Abdur Rahman Sahib Mubarakpuri, rahimahullah, states: «الحروري منسوب الي حرورابفتح وضم الراءالمهملتين وبعدالواو الساكنة راءايضاً بلدة على ميلين من الكوفة و يقال من يعتقد مذهب الخوارج حروري لان اول فرقة منهم خرجواعلي على بالبلدة المذكورة فاشتهروا بالنسبة اليها وهم فرق كثيرة لكن من اصولهم المتفق عليها بينهم الاخذ بما دل عليه القرآن وردما زاد عليه من الحديث مطلقا .» [تحفة الاحوذي، ج1، ص : 123]
That is, "Haruri" is an attribution to the village of Harura, which was at a distance of two miles from Kufa. It was here that the first group emerged which raised the banner of rebellion against Ali radi Allahu anhu. These were called the Khawarij, who have several sects, but this principle is agreed upon among all of them: that only the Qur'an should be taken, and Hadith should be absolutely rejected.

Since the exemption of obligatory prayer for a menstruating woman (ha'idha) is established only from Hadith, and there is no mention of it in the Qur'an, therefore, when the questioner investigated this issue, Sayyida Aisha radi Allahu anha said: "Are you a Haruri?"—meaning, do you have doubt about this issue as the Haruriyyah do?

Hadith Authentication (Takhrij al-Hadith):
[192۔ البخاري فى : 6 كتاب الحيض : 20 باب لا تقضي الحائض الصلاة 321، مسلم 335، ابن ماجه 631]
Linguistic Explanation:
«اَحَرُوْرِيَّة» Are you a Haruriyyah? This is an attribution to Harura, which is the settlement where the Khawarij initially gathered. Thus, by this phrase, what is meant is: Are you a Khariji? Because a group among the Khawarij considered it obligatory for a menstruating woman to make up the prayers missed during her menstruation, which is contrary to consensus (ijma‘). For there is consensus among the Salaf on this issue that a menstruating woman does not have to make up the prayers missed during her menstruation, but she is required only to make up the fasts, as transmitted by Imam Nawawi, Imam Shawkani, and Imam Ibn Mundhir rahimahumullah. [المجموع 351/2، السيل الجرار 148/1، الإجماع لابن المنذر ص : 37]
And this is also established by an authentic hadith. [صحيح : صحيح أبوداود 236، أبوداود 263، بخاري 321، مسلم 335، ترمذي 130]

Hadith Commentary:
Our respected Shaykh, Hazrat Mawlana Abdur Rahman Sahib Mubarakpuri rahimahullah, states:
"Al-Haruri is attributed to Harura, with the 'ha' having a fathah and the 'ra' having a dammah, both being non-dotted letters, and after the silent 'waw' there is also a 'ra'. It is a town two miles from Kufa. The one who holds the doctrine of the Khawarij is called a Haruri because the first group among them who rebelled against Ali radi Allahu anhu did so in the aforementioned town, so they became well-known by this attribution. They are many sects, but among their unanimously agreed-upon principles is to adhere only to what is indicated by the Qur'an and to reject absolutely anything additional from the hadith."
(Tuhfat al-Ahwadhi, vol. 1, p. 123)

"That is, Haruri is an attribution to the village of Harura, which was at a distance of two miles from Kufa.
It was here that the first sect arose which raised the banner of rebellion against Hazrat Ali radi Allahu anhu.
These were called Khawarij, who have many sects, but this principle is agreed upon among all of them: that only the Qur'an should be taken, and hadith should be absolutely rejected.
Since the exemption of obligatory prayer for a menstruating woman (ha'idha) is established only from hadith,
and there is no mention of it in the Qur'an,
therefore, when the questioner investigated this issue, Hazrat Aisha radi Allahu anha said: 'Are you a Haruri, that you have doubt regarding this issue?'"

Hadith Commentary:
1.
Hafiz Ibn Hajar rahimahullah has transmitted consensus (ijma‘) on the non-obligation of making up (qada) missed prayers for a menstruating woman (ha’idh). Only a group among the Khawarij holds the view that after her period ends, a menstruating woman must make up the prayers she missed. Most likely, this is why Aisha radi Allahu anha referred to the questioner as “Haruriyyah”—this is an attribution to a place where the Khawarij gathered against Ali radi Allahu anhu and raised the banner of rebellion. They have countless sects, but one belief is common among them: that only those rulings established by the explicit text of the Qur’an are obligatory to act upon, and in their view, hadiths have no significance.
The Khawarij of this era, i.e., the deniers of hadith, also hold this same view. According to them, hadiths are “idle tales” (asfar lahu al-hadith) and a “non-Arab conspiracy.” Since the dropping of the obligation of prayer for a menstruating woman is established only through hadith, and there is no guidance about it in the Noble Qur’an, they declare it necessary for a menstruating woman to make up the missed prayers.
(Fath al-Bari: 1/546)
2.
In the narration, the woman who questioned Aisha radi Allahu anha is anonymous, but from other narrations it is known that she herself was Mu‘adhah bint Abdullah al-‘Adawiyyah.
Thus, when Aisha radi Allahu anha questioned her, she replied that she was not a Haruriyyah, but was only seeking clarification on the issue.
(Sahih Muslim, al-Hayd, Hadith: 763 (335))
Aisha radi Allahu anha presented the evidence for the non-obligation of making up prayers for a menstruating woman, but did not state its reasoning.
The scholars of the ummah have written that the reason is that the obligation of prayer is frequent and repeated; making up so many missed prayers would involve considerable hardship and difficulty, whereas this is not the case with fasting (sawm), which occurs only once a year.
(Fath al-Bari: 1/547)
Imam Bukhari rahimahullah has mentioned the teachings of Jabir radi Allahu anhu and Abu Sa‘id al-Khudri radi Allahu anhu in meaning, because the words of Jabir’s hadith are: “A menstruating woman does not perform tawaf, nor does she pray.”
(Sahih al-Bukhari, al-Tamanni, Hadith 7230)
And the words of Abu Sa‘id al-Khudri radi Allahu anhu’s hadith are: “When a woman menstruates, she does not pray nor does she fast.”
(Sahih al-Bukhari, al-Hayd, Hadith: 304)
Here, there is a problem: the chapter heading is about non-obligation of making up (qada), but the comments (ta‘liqat) establish non-performance (adam al-iqa‘), so there is no direct connection between the heading and the comments.
The answer is that the heading has two parts:
➊ The menstruating woman leaves the prayer.
➋ She does not perform it as make-up (qada) either. For the affirmation of the first part, the comments of Jabir radi Allahu anhu and Abu Sa‘id al-Khudri radi Allahu anhu have been presented—that the menstruating woman leaves the prayer; and the second part, that she does not make it up after purification, is established from the hadith of Aisha radi Allahu anha.
Allamah Isma‘ili rahimahullah has transmitted this narration in these words:
“We did not make up those prayers, nor were we told to do so.”
Thus, Imam Bukhari rahimahullah has presented the comments as a preface to the connected hadith.
(Fath al-Bari: 1/546)

Hadith Commentary: Benefits and Issues: The ruling on any issue is fundamentally based on the explicit texts of the Qur’an and Sunnah. Knowing or explaining its wisdom, benefit, or philosophy is not necessary, because there can be differing opinions regarding these aspects. Therefore, Aisha (radi Allahu anha) replied simply that we were commanded to make up (qada) the fasts, but not the prayers. The Imams of the religion generally state the reason or cause for this distinction as follows: Prayers (salat) are performed every day, so making them up would cause hardship and difficulty, whereas fasting (sawm) is only obligatory for one month, and for the remaining eleven months, fasting is not obligatory, so its missed days can be made up at any time.

Therefore, this does not cause hardship or difficulty. Although, an objection may be raised that prayer does not occupy the entire time period, so multiple prayers can be performed in one time, whereas fasting occupies the whole day, so it is not possible to keep more than one fast in a day. For prayer, purification (taharah) is necessary, and during menstruation (hayd) and postnatal bleeding (nifas), a woman cannot attain purity, so prayer is not obligatory upon her—thus, how could making up the prayer be obligatory? And for fasting, purification is not a condition, so for a menstruating woman, in order to provide relief and ease, making up the fast (qada) is obligatory instead of performing it at the prescribed time.

Hadith Commentary: Benefits and Issues: The imams of the religion are unanimous, in light of the ahadith, that a menstruating woman must make up (qada) her missed fasts, and the same ruling applies to postnatal bleeding (nifas), but she is not required to make up her missed prayers. Only the Khawarij hold the view that she must also make up her missed prayers. That is why Aisha radi Allahu anha said to that woman, "Are you from the Haruriyyah?" The emergence of the Khawarij took place from a settlement called Harura, which was located two miles from Kufa. For this reason, the Khawarij are also called Haruriyyah.

1:
The reason for this is that making up missed fasts (qada) is not as difficult as making up missed prayers (qada), because fasting is only required once a year. In contrast, due to menstruation (hayd), a woman has to leave six or seven days of prayer every month, and sometimes she may have to leave prayers for up to ten days. In this way, she would have to make up almost four months’ worth of prayers in a year, which is an extremely difficult matter.

Making Up Missed Fasts of Ramadan and Continuity

Written by: Muhaddith al-Asr Hafiz Zubair Ali Zai rahimahullah

Question: A woman had some missed fasts from Ramadan. She began to make up the count in the following month. While fasting, she went to a relative’s house, and they made her break her fast. Due to ignorance, she broke the obligatory fast that was due upon her. What is the ruling for her now, and does she have to keep the make-up fasts consecutively?

Answer:

According to the preferred research, for the make-up (qada) fasts of Ramadan missed due to a valid Shar‘i excuse, continuity and sequence are not necessary.

Sayyiduna Anas bin Malik radi Allahu anhu said:

“If you wish, make up the missed fasts of Ramadan consecutively, and if you wish, do so separately.”

(Musannaf Ibn Abi Shaybah, numbered edition vol. 1 p. 293 hadith 9115, another edition vol. 3 p. 32, and its chain is authentic; al-Sunan al-Kubra lil-Bayhaqi vol. 4 p. 258)

That is, if you wish, make up the missed fasts of Ramadan in succession and in order, and if you wish, do so without continuity and without order.

Its chain is authentic.

Sayyiduna Abu Ubaydah bin al-Jarrah radi Allahu anhu said:

“Count the number (of missed fasts) and fast as you wish.”

(Musannaf Ibn Abi Shaybah hadith 9133, Sunan al-Daraqutni vol. 2 p. 192 hadith 2295, al-Sunan al-Kubra lil-Bayhaqi vol. 4 p. 258)

Its chain is hasan (good).

Statements of this meaning are also narrated from Mu‘adh bin Jabal, Abdullah bin Abbas, Abu Hurairah, and the majority of the Companions. Radi Allahu anhum ajma‘in

The generality of the Noble Qur’an also supports this. However, if one keeps the make-up fasts consecutively, it is better, but it is not necessary.

Therefore, it is established that if this woman’s one obligatory make-up fast was broken due to ignorance, then she will keep this same make-up fast again on another day. There is no expiation (kaffarah) for this make-up fast. And Allah knows best.

……………… Original Article ………………

For the original article, see Fatawa ‘Ilmiyyah by Shaykh Hafiz Zubair Ali Zai rahimahullah (vol. 2, pages 139 and 140)

(1) In the state of menstruation (hayd), women are legally prevented from performing prayer (salah) and fasting (sawm). As for prayer, this is because purification (taharah) is a condition for its validity. However, no specific reason has been mentioned for the prohibition of fasting, yet this ruling is unanimously agreed upon and definitive, and there is no doubt concerning it.

(2) After the end of menstruation, making up (qada) the obligatory fasts is also a definitive and unanimously agreed upon issue. Therefore, the exemption refers to a temporary exemption. However, there is no making up of the prayers. Perhaps this is because making up all the prayers missed during the days of menstruation every month would cause severe hardship for women, whereas making up a few fasts throughout the year is easy, and the Shariah takes into consideration the ease of people.

(3) “Are you a Khariji woman?”—because the Khawarij considered it obligatory for a woman to make up the prayers missed during the days of menstruation. The “Khariji” sect was an extremely extremist group, devoid of religious wisdom, which emerged during the era of the Companions (radi Allahu anhum). They considered themselves more adherent to and protective of Islam than the Companions themselves, to the extent that many Companions were martyred at the hands of these foolish people, and they declared many Companions—including Uthman and Ali (radi Allahu anhuma)—to be disbelievers. Eventually, the Commander of the Faithful, Ali (radi Allahu anhu), had to fight them, and then their power was broken.

(4) The Khawarij were called “Haruriyyah” because the beginning of their tribulation was from a village near Kufa called Harura. By extension, the entire sect came to be called Haruri.

A menstruating woman will neither perform prayer nor observe fasting
«وَالْحَائِضُ لَا تُصَلّى وَلَا تَصُومُ»

A menstruating woman will neither perform prayer nor observe fasting. 1

1. As this ruling is established by the consensus (ijma‘) of the Ummah, further evidences for it are as follows:
➊ It is narrated from Abu Sa‘id al-Khudri radi Allahu anhu that the Prophet sallallahu alayhi wa sallam said to the women... «أليس إذا حاضت المرأة لم تصل ولم تصم» “Is it not the case that when a woman menstruates, she neither performs prayer nor observes fasting?”

[بخاري 304، كتاب الحيض: باب ترك الحائض الصوم، مسلم 132، نسائي 178/3، ابن ماحة 1288، ابن حبان 5744، بيهقى 235/4]

2. Fatimah bint Abi Hubaysh radi Allahu anha narrates that the Messenger of Allah sallallahu alayhi wa sallam said to her «فإذا أقبلت الحيضة فاتركي الصلاة» “When the blood of menstruation comes, leave off prayer.”

[بخاري 306، كتاب الحيض: باب الاستحاضة، مسلم 333، أبو داود 282، نسائي 124/1، ترمذی 125، ابن ماجة 621، عبدالرزاق 1165، أبو عوانة 319/1]

(Shawkani rahimahullah) There is consensus (ijma‘) on this issue. [نيل الأوطار 409/1]

(Shaykh ‘Uthaymin rahimahullah) He has given the fatwa accordingly that a menstruating woman will neither perform prayer nor observe fasting.

[فتاوى المرأة المسلمة 282/1-283]

...For the original article, see...
Fiqh al-Hadith by Imran Ayyub Lahori, Volume 1, p. 278

382. Commentary:

➊ Hafsah Aisha radi Allahu anha called that woman a Khariji because, according to the Khawarij, it is necessary to make up (qada) the prayers missed during menstruation (hayd).

➋ A woman is exempted from making up the prayers missed during menstruation because making up thirty to thirty-five prayers each month is quite difficult, especially when the performance of the current prayers is also obligatory. In contrast, making up six or seven fasts (sawm) in eleven months is easy, as there are no concurrent obligatory fasts. Therefore, the menstruating woman is commanded to make up the missed fasts. Thus, in this issue, the basis is the removal of hardship.

Commentary:
(1)
A woman cannot perform prayer (salah) in the state of menstruation (hayd). (Sahih al-Bukhari, The Book of Menstruation, Chapter: The Menstruating Woman Leaving Fasting, Hadith: 304)
There is consensus among all Muslims on this issue except for some of the Khawarij.
Therefore, upon the woman’s question, Aisha (radi Allahu anha) expressed astonishment and said that only the Khawarij ask such questions.

(2)
This is Allah’s favor upon women that He did not command them to make up (qada) the prayers missed during these days; otherwise, performing eight to ten days of consecutive make-up prayers every month would have been very difficult.
In contrast, fasting (sawm) occurs only once a year, so making up eight to ten missed fasts at any time during the eleven months of the year is not difficult.

(3)
The principle in acts of worship (ibadat) is that no action becomes obligatory until it is commanded. Based on this, Aisha (radi Allahu anha) argued that if making up these prayers had been obligatory, the Prophet (sallallahu alayhi wa sallam) would certainly have commanded it.
On the other hand, in worldly matters (muamalat), permissibility and allowance are the default.
As long as there is no evidence prohibiting an action, it will be considered permissible; this principle is called “bara’at asliyyah” (original innocence).

A menstruating woman will make up the missed fasts

«وَتَقْضِي الصِّيَامَ»

And she will only make up the missed fasts. 1

1. Hazrat Mu’adhah radi Allahu anha asked Hazrat Aisha radi Allahu anha: What is the reason that a menstruating woman makes up the missed fasts but does not make up the missed prayers? Hazrat Aisha radi Allahu anha replied, “When we would be in that state with the Messenger of Allah sallallahu alayhi wa sallam, «فتؤمر بقضاء الصوم ولا تؤمر بقضاء الصلاة» ‘We were commanded to make up the missed fasts, but we were not commanded to make up the missed prayers.’”

[صحيح: صحيح أبو داود 236، كتاب الطهارة: باب فى الحائض لا تقضى الصلاة، أبو داود 263، أحمد 232/6، بخاري 321، مسلم 335، ترمذي 130، نسائي 191/1، ابن ماجة 631، أبو عوانة 324/1، دارمي 233/1، بيهقي 308/1]

(Nawawi rahimahullah) There is consensus (ijma‘) of the Muslims on this issue. [المجموع 351/2-355]

(Shawkani rahimahullah) There is consensus of the predecessors and successors of this ummah, both earlier and later generations, on this issue, and it has never been heard from any scholar of Islam that there is any disagreement in this matter. [السيل الجرار 148/1]

(Ibn Mundhir rahimahullah) The scholars have consensus that it is not obligatory upon a woman to make up the prayers missed during menstruation, but it is obligatory upon her to make up the fasts missed during menstruation. [الإجماع لابن المنذر ص 37 رقم 29، 28]

Imam Ibn Abd al-Barr rahimahullah writes that a group among the Khawarij does not consider it obligatory for a menstruating woman to make up the missed prayers.

[مقالات الإسلاميين لأبي الحسن الأشعرى ص 86-131، الفرق بين الفرق للبغدادي ص72-113]

(Siddiq Hasan Khan rahimahullah) (Regarding the Khawarij, he states that) the opposition of such people—“who are the dogs of the Fire”—has no effect on the consensus of the ummah. [الروضة الندية 190/1]

. . . For the original article, see . . .
Fiqh al-Hadith by Imran Ayyub Lahori, Volume 1, p. 283

Benefits and Issues:
➊ Menstruation is contrary to fasting. Therefore, it is prohibited to fast during these days.

➋ If a woman is already fasting and menstruation begins during the day, the fast will be invalidated. That fast will not be counted.

➌ It is obligatory to make up the missed fasts due to the excuse of menstruation (hayd) and postnatal bleeding (nifas), just as it is necessary to make up the fasts missed due to illness or travel.