Praying and Fasting after an Abortion

A translation of this fatwa from Naseem al-Sham

جامع منجك، دمشق

Question:

I had an abortion after being pregnant for about 45 days. I inquired about this and one of the sheikhs gave me a fatwā stating that it was obligatory for me to pray after the adhān,[1] and that I also must fast, because the blood is considered abnormal blood (dam fasād) and therefore my ruling is that of a woman who has istiḥādah.[2] I want to ask if what I have done is correct and whether I am obligated to make up my fasts.

Answer (Imam Rushdī Saleem al-Qalam):

Whether a baby comes out alive or dead,[3] the blood that follows is blood of nifās.[4] The period during which one is cut off from purification is called nifās; the obligation to pray is lifted, whatever fasts are missed must be made up, and it is unlawful for a man to approach his wife.[5] You do not have istiḥāḍah. Istiḥāḍah is when blood comes out after the maximum duration for ḥayḍ[6] or the maximum duration for nifās. Ḥayḍ is no more than 15 days for the Shāfiʿīs and 10 days for the Ḥanafīs, while nifās is no more than 60 days for the Shāfiʿīs and 40 days for the Ḥanafīs.

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[1] (tn): i.e. once the time for each prayer has entered.

[2][(tn): i.e. abnormal bleeding.
[3] Ar. isqāṭ, i.e. a miscarriage or abortion.
[4] (tn): i.e. post-natal bleeding.
[5] (tn): i.e. have sexual intercourse with her.
[6] (tn): i.e. menstruation.