The ruling on a menstruating woman who passes the miqat without entering ihram
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Question:
May Allah reward you with good and do you well. I went for 'Umrah with my mother and my wife, and when we reached the miqat, my wife was not in a state of ritual purity. Then we headed to Makkah and spent a day there, after which she became pure. How should her 'Umrah be in that case? Because she did not enter ihram from the miqat, as I mentioned, since she was not in a state of purity. May Allah reward you with good. And am I required to take her back to the miqat? May Allah grant you success.
Answer:
You made a mistake in this. It was obligatory for her to enter ihram, even if she was menstruating, because purity is not a condition for entering ihram. Entering ihram is valid even if a person is not in a state of purity, and it is valid for a menstruating woman, and it is valid for a woman with post-natal bleeding. This is because Asma' bint Umayy (may Allah be pleased with her) gave birth at the miqat of the people of Madinah, at Dhul-Hulaifah, in the company of the Prophet (peace and blessings be upon him). So the Prophet (peace and blessings be upon him) ordered her to take a full ritual bath and enter ihram, and she was a woman with post-natal bleeding. And 'A'ishah (may Allah be pleased with her) was afflicted with menstruation while she was in a state of ihram, so she completed her rituals. The Prophet (peace and blessings be upon him) said to her: "Do what the pilgrim does, except that you do not circumambulate the House until you become pure." This indicates that entering ihram is valid for a menstruating woman and a woman with post-natal bleeding. So it was supposed that she would enter ihram with you from the miqat. Since she did not enter ihram, it is obligatory for you to take her back to the miqat and have her enter ihram from there, whether she is in a state of purity or not. She enters ihram from the miqat. You take her back to the miqat that you passed and she enters ihram from there. This is what is obligatory for you. If she entered ihram from a place other than the miqat, is she required to pay a fidyah (ransom payment)? Yes.
May Allah reward you with good and do you well. I went for 'Umrah with my mother and my wife, and when we reached the miqat, my wife was not in a state of ritual purity. Then we headed to Makkah and spent a day there, after which she became pure. How should her 'Umrah be in that case? Because she did not enter ihram from the miqat, as I mentioned, since she was not in a state of purity. May Allah reward you with good. And am I required to take her back to the miqat? May Allah grant you success.
Answer:
You made a mistake in this. It was obligatory for her to enter ihram, even if she was menstruating, because purity is not a condition for entering ihram. Entering ihram is valid even if a person is not in a state of purity, and it is valid for a menstruating woman, and it is valid for a woman with post-natal bleeding. This is because Asma' bint Umayy (may Allah be pleased with her) gave birth at the miqat of the people of Madinah, at Dhul-Hulaifah, in the company of the Prophet (peace and blessings be upon him). So the Prophet (peace and blessings be upon him) ordered her to take a full ritual bath and enter ihram, and she was a woman with post-natal bleeding. And 'A'ishah (may Allah be pleased with her) was afflicted with menstruation while she was in a state of ihram, so she completed her rituals. The Prophet (peace and blessings be upon him) said to her: "Do what the pilgrim does, except that you do not circumambulate the House until you become pure." This indicates that entering ihram is valid for a menstruating woman and a woman with post-natal bleeding. So it was supposed that she would enter ihram with you from the miqat. Since she did not enter ihram, it is obligatory for you to take her back to the miqat and have her enter ihram from there, whether she is in a state of purity or not. She enters ihram from the miqat. You take her back to the miqat that you passed and she enters ihram from there. This is what is obligatory for you. If she entered ihram from a place other than the miqat, is she required to pay a fidyah (ransom payment)? Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 4964- حكم الحائض إذا تجاوزت الميقات ولم تحرم - الشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.