She performed Tawaf while menstruating
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Praise be to Allah alone, and may peace and blessings be upon the one after whom there is no prophet. Then:
The Permanent Committee for Scholarly Research and Ifta has reviewed what was sent to His Eminence the Grand Mufti from the honorable Judge of Unayzah Court, which was referred to the Committee by the General Secretariat of the Council of Senior Scholars with number (5326) and date 22/5/1422 AH. The questioner asked the following: “A woman performed ‘Umrah, and during Tawaf she began menstruating, but she continued with Tawaf and completed the ‘Umrah. She did not inform her family because she did not know that there was a legal ruling in this matter, and also out of modesty. After returning from this ‘Umrah, she performed another valid ‘Umrah. After some time, I, the questioner (A. Y. M.), married this woman (A. M. M.). I was not present for that invalid ‘Umrah, but after I learned about it and knew that there is a legal ruling concerning the marriage contract, I asked one of the students of knowledge in Unayzah. He said: She must perform ‘Umrah with the intention of the first ‘Umrah, meaning without a new Ihram, and she does not have to pay a fidyah (ransom payment), and she must renew the marriage contract. My wife and I performed ‘Umrah a few days ago. Is my action correct, and is it obligatory to renew the marriage contract? Note that the marriage contract was made a year and ten months ago, and I have a child from this wife. May Allah reward you with good.”
After studying the question, the Committee responded that one of the conditions for the validity of Tawaf is ritual purity. The questioner performed Tawaf for her ‘Umrah while menstruating, so her Tawaf is not valid, and consequently her ‘Umrah is not valid. Her valid ‘Umrah, which
she performed afterwards, if it was before the marriage contract, then the marriage is valid because it took place while she was in a state of permissibility (not in Ihram), and this ‘Umrah serves as the completion of the previous ‘Umrah. If the valid ‘Umrah was after the marriage contract, then the contract must be renewed because it took place while she was in the state of Ihram. Modesty should not prevent a person from asking about matters of their religion, lest they fall into what is prohibited under the pretext of modesty.
The Permanent Committee for Scholarly Research and Ifta has reviewed what was sent to His Eminence the Grand Mufti from the honorable Judge of Unayzah Court, which was referred to the Committee by the General Secretariat of the Council of Senior Scholars with number (5326) and date 22/5/1422 AH. The questioner asked the following: “A woman performed ‘Umrah, and during Tawaf she began menstruating, but she continued with Tawaf and completed the ‘Umrah. She did not inform her family because she did not know that there was a legal ruling in this matter, and also out of modesty. After returning from this ‘Umrah, she performed another valid ‘Umrah. After some time, I, the questioner (A. Y. M.), married this woman (A. M. M.). I was not present for that invalid ‘Umrah, but after I learned about it and knew that there is a legal ruling concerning the marriage contract, I asked one of the students of knowledge in Unayzah. He said: She must perform ‘Umrah with the intention of the first ‘Umrah, meaning without a new Ihram, and she does not have to pay a fidyah (ransom payment), and she must renew the marriage contract. My wife and I performed ‘Umrah a few days ago. Is my action correct, and is it obligatory to renew the marriage contract? Note that the marriage contract was made a year and ten months ago, and I have a child from this wife. May Allah reward you with good.”
After studying the question, the Committee responded that one of the conditions for the validity of Tawaf is ritual purity. The questioner performed Tawaf for her ‘Umrah while menstruating, so her Tawaf is not valid, and consequently her ‘Umrah is not valid. Her valid ‘Umrah, which
she performed afterwards, if it was before the marriage contract, then the marriage is valid because it took place while she was in a state of permissibility (not in Ihram), and this ‘Umrah serves as the completion of the previous ‘Umrah. If the valid ‘Umrah was after the marriage contract, then the contract must be renewed because it took place while she was in the state of Ihram. Modesty should not prevent a person from asking about matters of their religion, lest they fall into what is prohibited under the pretext of modesty.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.