The Ruling on 'Umrah During Menstruation and Contracting Marriage While in Ihram
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Question:
This is a questioner, may Allah reward you, who says: I am an unmarried girl, and my period came for three days, then it stopped. On the fourth day, I went to Makkah and performed 'Umrah. On that same day, my period returned. I have since made up this 'Umrah. Is anything required of me, such as a blood sacrifice? And is it true that a marriage contract is invalid if it was contracted while I was menstruating and I did not perform the 'Umrah?
Answer:
If she entered the state of ihram for 'Umrah while menstruating, the ihram is valid. It is permissible for her to enter ihram while menstruating. However, she does not perform the 'Umrah by circumambulating the Ka'bah and walking between al-Safa and al-Marwah until she becomes pure and takes a full ritual bath. Once she becomes pure and bathes, she performs the 'Umrah. As for performing the 'Umrah while the menstruation has not stopped, this is not valid. It is not valid. The Prophet (peace and blessings be upon him) said to 'A'ishah when she menstruated:Sahih al-Bukhari 305. Until you become pure. Once you become pure and bathe, you circumambulate for the 'Umrah, walk between al-Safa and al-Marwah, and shorten your hair.
So if she performed the 'Umrah while menstruating, this is not valid, and the 'Umrah remains a debt upon her. But she says she made it up after becoming pure, meaning she performed it after becoming pure. That is fine, there is no harm. And regarding the contract, if the marriage contract was made after the first 'Umrah she performed while menstruating, the contract is not valid. Because she was in the state of ihram and remained in the state of ihram.
It is not permissible to contract marriage with a woman in the state of ihram. In fact, it is not permissible to propose to a woman in the state of ihram until she exits the state of ihram. If the contract was made before performing the 'Umrah, after entering ihram but before performing the 'Umrah correctly, the contract must be renewed. The first contract is not valid; it must be renewed. Yes.
The presenter:
May Allah reward you and bless you.
This is a questioner, may Allah reward you, who says: I am an unmarried girl, and my period came for three days, then it stopped. On the fourth day, I went to Makkah and performed 'Umrah. On that same day, my period returned. I have since made up this 'Umrah. Is anything required of me, such as a blood sacrifice? And is it true that a marriage contract is invalid if it was contracted while I was menstruating and I did not perform the 'Umrah?
Answer:
If she entered the state of ihram for 'Umrah while menstruating, the ihram is valid. It is permissible for her to enter ihram while menstruating. However, she does not perform the 'Umrah by circumambulating the Ka'bah and walking between al-Safa and al-Marwah until she becomes pure and takes a full ritual bath. Once she becomes pure and bathes, she performs the 'Umrah. As for performing the 'Umrah while the menstruation has not stopped, this is not valid. It is not valid. The Prophet (peace and blessings be upon him) said to 'A'ishah when she menstruated:
So do what all the pilgrims do except that you do not perform the Tawaf round the Ka`ba till you are clean.
افعلي ما يفعل الحاج غير أن لا تطوفي بالبيت حتى تطهريSo if she performed the 'Umrah while menstruating, this is not valid, and the 'Umrah remains a debt upon her. But she says she made it up after becoming pure, meaning she performed it after becoming pure. That is fine, there is no harm. And regarding the contract, if the marriage contract was made after the first 'Umrah she performed while menstruating, the contract is not valid. Because she was in the state of ihram and remained in the state of ihram.
It is not permissible to contract marriage with a woman in the state of ihram. In fact, it is not permissible to propose to a woman in the state of ihram until she exits the state of ihram. If the contract was made before performing the 'Umrah, after entering ihram but before performing the 'Umrah correctly, the contract must be renewed. The first contract is not valid; it must be renewed. Yes.
The presenter:
May Allah reward you and bless you.
Source
فضل العلماء ومكانتـهم — alfawzan.live (53:13)
The Arabic text is a machine transcription of the audio recording.