The Condition of Ritual Purity for Tawaf and the Opinion of Those Who Do Not Condition It
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Question:
He says: Honorable Shaykh, may Allah grant you success. Some say that ritual purity is not a condition for tawaf, and they permit it if a woman takes precautions to prevent blood from leaking out and contaminating the place. Is this opinion strong? And is it a difference of opinion?
Answer:
The opinion is nothing. It is not an opinion. We say it is nothing. Because the Messenger (peace and blessings be upon him) said to the one present:Sahih al-Bukhari 1650. And these people say: "You perform tawaf." This is contrary to the words of the Messenger (peace and blessings be upon him). Yes. But some of them say: out of necessity, if the woman has come from far away.
And she is unable to return. If she traveled, she cannot stay in Makkah; she cannot stay in Makkah. And if she leaves, she cannot return. Also, she does not get a dispensation. They issued a fatwa for the sake of necessity; they issued a fatwa for the sake of necessity. I do not know about them, but they say it is for the sake of necessity.
Shaykh al-Islam Ibn Taymiyyah and Ibn al-Qayyim: circumstances change. Their time was not like our time. In their time, travels were long and dangerous. But now, travel is an hour, and you reach Makkah by plane from the farthest part of the world. The time has changed. So, for us to remain on a fatwa given under special circumstances and generalize it for our present time, this is questionable. Yes.
He says: Honorable Shaykh, may Allah grant you success. Some say that ritual purity is not a condition for tawaf, and they permit it if a woman takes precautions to prevent blood from leaking out and contaminating the place. Is this opinion strong? And is it a difference of opinion?
Answer:
The opinion is nothing. It is not an opinion. We say it is nothing. Because the Messenger (peace and blessings be upon him) said to the one present:
do not perform Tawaf of the Ka`ba till you get clean (from your menses)
لا تطوفي بالبيت حتى تطهريAnd she is unable to return. If she traveled, she cannot stay in Makkah; she cannot stay in Makkah. And if she leaves, she cannot return. Also, she does not get a dispensation. They issued a fatwa for the sake of necessity; they issued a fatwa for the sake of necessity. I do not know about them, but they say it is for the sake of necessity.
Shaykh al-Islam Ibn Taymiyyah and Ibn al-Qayyim: circumstances change. Their time was not like our time. In their time, travels were long and dangerous. But now, travel is an hour, and you reach Makkah by plane from the farthest part of the world. The time has changed. So, for us to remain on a fatwa given under special circumstances and generalize it for our present time, this is questionable. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 22 من 148|شرح كتاب المنتقى|الطهارة|إيجاب الوضوء للصلاة|صالح الفوزان|الفقه|كبار العلماء — youtube.com (1:06:37)
The Arabic text is a machine transcription of the audio recording.
