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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The scholars' disagreement on the ruling for a menstruating woman who has not performed the tawaf for departure and would suffer harm if she stayed until she is pure

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Question : If someone were to say: If harm is incurred in this case, if harm is incurred by him because he is tied to a trip and cannot delay it, what should I do?

Answer : It was said that the scholars have three opinions on this. One opinion is that the woman performs tawaf while she is menstruating and there is blood on her. Another opinion is that she travels, but she remains in the state of her remaining ihram until she returns to the House. That is, she leaves now without having performed the second tahallul. What is her status if she is married? Her husband does not approach her, and she is a burden on her husband. And if she is a virgin and her suitor is waiting for her return from Makkah, what do we say? There is no marriage contract until she returns to Makkah and performs tawaf, or does she remain until she dies? There is no doubt that this is a great hardship, and we know from the saying of Allah the Exalted
and has not placed upon you in the religion any difficultyوَمَا جَعَلَ عَلَيْكُمْ فِي الدِّينِ مِنْ حَرَجٍ
[Al-Hajj 22:78]
that the Islamic religion cannot possibly bring about such a thing at all. Now, these are two opinions. The third opinion, yes, the third opinion, I forgot it. There are four opinions. The third opinion is that she performs tahallul and becomes muhasar (prevented from completing the rites). She performs the second tahallul and becomes muhasar. Based on this, she returns without a valid Hajj, because a pillar of Hajj remains upon her. So we say: slaughter a fidyah (ransom payment) and then return to your country without a valid Hajj. This is also a hardship, a great hardship. Perhaps this woman has been saving since she was young; she has saved herself for this Hajj, and then we say: return without a Hajj. What do you think if she is in East Asia, and the poor woman has been saving penny by penny from her life for the Hajj, and then we say: if you menstruated and you cannot stay, return to your country without a Hajj? This is a great calamity. The fourth opinion is that she performs tawaf, and there is nothing upon you. This is associated with the first opinion that she performs tawaf and there is blood on her. But it differs from it in that the first opinion obligates the blood (sacrifice), while the second does not obligate it. And the default is with whom? With the one who does not obligate it, because the default is the absence of obligation. So if we say that tawaf is permissible here due to necessity, if we say it is permissible due to necessity, we say: where is the evidence for the obligation of the blood? It requires evidence, and there is no other evidence. And this last one is the choice of Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him), and it is the truth due to the strength of its evidence. But note that whoever is here in the Kingdom of Saudi Arabia does not have the harm of the woman traveling while remaining in her remaining ihram, and then when she is pure she returns and completes the rites. But unfortunately, some of the brothers have become hasty and said that even the one in this country performs tawaf while menstruating due to necessity and goes on. This is not correct. For those in the country, it is very easy for them to return. But for example, one in another distant country who cannot return except with hardship, then what Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him) said applies. That is, the apparent one, of the type of Saudi Arabia, it is easy for her. The Gulf countries, yes, indeed.
Source قناة «فضيلة الشيخ محمد بن صالح العثيمين»، [3586] خلاف العلماء في حكم الحائض إذا لم تطف للإفاضة وسيلحقها ضرر إن بقت حتى تطهر - ابن عثيمين — youtube.com

The Arabic text is a machine transcription of the audio recording.

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