Respected Mufti Saheb D.B
I have heard that Mufti Saheb has mentioned that the view of Imam Abu Yusuf Rahimahullah regarding Tuhr Mutakhallil has been developed. And the view of Imaam Muhammad has not been developed.
Can Mufti Saheb please explain this statement.
Also kindly provide a few examples where it will be difficult to follow the view of Imam Muhammad, due to his view not being developed?
According to Imam Abu Yusuf, an intermittent purity (tuhr mutkhallil) which is less than 15 days cannot separate between two bloods. Rather, this bout of purity is included in the days of bleeding (dam mutawalli – continuous blood). If the purity is 15 days or more, it will act as a separator. The bloods on either side of the purity will be considered individually to determine if any one or both can be made hayd.
The view of Imam Muhammad on this issue has additional clauses for consideration before a ruling can be made on intermittent purity. According to him, for a purity to separate between two bloods, it cannot be less than three days and the bleedings on either side of the purity must not dominate. In short, for the intermittent purity to qualify as a valid separator, the number of days of purity must be more than total days of bleeding on both sides. Where the intermittent purity can be considered a valid separator, each bleeding will be considered to see if any one or both can be made hayd.
Although Imam Muhammad’s view outwardly seems to demonstrate flexibility, however in application there are several issues to consider. Firstly, there are different opinions from scholars on how to apply his view. Secondly, Imam Abu Yusuf’s opinion has a straightforward and easier method of calculation, and it is for this reason that many later scholars gave fatwa on his position in matters of hayd.
A brief example which demonstrates the two viewpoints:
A beginner sees 2 days of bleeding, followed by 3 days of purity, 1 day of blood, 3 days of purity, and one day of blood (total 10 days).
According to Imam Abu Yusuf, all ten days of will be considered hayd, as the intermittent purities are insufficient to act as a separator between the various sets of bleeding.
According to Imam Muhammad, the first 6 days of bleeding are hayd. Since the bleedings on either side of the first set of purity equals the days of intermittent purity, this purity will not separate the bloods on day 2 and day 6.
As for the last four days, there is a difference of opinion amongst scholars with regards to application of Imam Muhammad’s view:
- Abu Zayd – the last 4 days are also hayd
- Abu Sahl Ghazali – the last 4 days are not hayd
It should be noted that tuhr mutakhallil is not the only area of difference between Imam Abu Yusuf and Imam Muhammad in the calculation of hayd. For more information and examples on Imam Muhammad’s methodology, you may wish to register on our upcoming course at Whitethread Institute: Level 2 Mastering the Fiqh of Menstruation. This course is a study of the chapter of hayd from al-Fatawa al-Tatarkhaniyya and Al-Muhit al-Burhani – these are two Hanafi texts which bring attention to Imam Muhammad’s method.
And Allah knows best.
Al-Fatawa al-Tatarkhaniyya pp.486-7
Manhal al-Waridin p68
Checked & Approved by:
Mufti Abdul Rahman Mangera
Mufti Zubair Patel