The Circumambulation of the Menstruating Woman in Hajj When She Is Attached to the Group
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Question:
And the one who did not stop her companions, and she was unable to wait until she became patient, because it was not in her control, because she was tied to a group, either those carrying a weapon or others. Also, some women may accept to inform their group of the Hajj that she is menstruating, so it is not permissible for her to take a bath and protect herself from anything coming out and perform the warning circumambulation and hide it from the pain, because the matter of the Hajj is not in her control, rather she is compelled to it. And with this, the Shaykh al-Islam (may Allah have mercy on him) said in the Collection of Fatwas in the Book of the Stone, as far as I have grasped, and he said (may Allah have mercy on him) that this opinion is the first one to be stated, then he said, "And were it not for the people's need for it, I would not have stated it."
Answer:
No, he was not the first to say this; those who came before him said it, scholars before him (may Allah have mercy on him), but he preferred it, and he preferred it with a strong preference. In any case, it is not permissible for the menstruating woman to circumambulate until she becomes pure, based on the saying of the Messenger (peace and blessings be upon him) also:Sahih al-Bukhari 1650. The Messenger prevented her from circumambulating the House until she became pure, so how can we permit it for you?
To circumambulate when not in a state of purity. Likewise, regarding Safiyyah, it was said, "Menstruation prevented us," except that menstruation prevents from circumambulation, prevents from circumambulation, prevents the woman from traveling. This is the requirement of the texts that she does not circumambulate until she circumambulates, even if she is compelled to travel, she travels, but when she becomes pure, her guardian brings her, her guardian brings her, and she completes the Hajj, she requests, he travels to her country, and when she becomes pure, her guardian brings her to complete her Hajj. And today, the situation differs from the time of the Shaykh al-Islam and others; today, the means of transportation are fast and easy, unlike what it was in the time of the Shaykh and others. The distance used to be months, and fear was present at that time, but now, praise be to Allah, it is hours and she arrives from the farthest part of the world. Yes.
This ruling remains in effect even if the circumstances change. The circumstances have changed now; means of transportation have become easier than before, and work has become more available, praise be to Allah, than before. In any case, the default is the saying of the Messenger (peace and blessings be upon him): “Do not circumambulate in the night until you have circumambulated.” Even if whoever issued a ruling did so, as long as the text is clear, we cannot break the text and tell her, “Go ahead and circumambulate while you are not in a state of purity.” Yes.
And the one who did not stop her companions, and she was unable to wait until she became patient, because it was not in her control, because she was tied to a group, either those carrying a weapon or others. Also, some women may accept to inform their group of the Hajj that she is menstruating, so it is not permissible for her to take a bath and protect herself from anything coming out and perform the warning circumambulation and hide it from the pain, because the matter of the Hajj is not in her control, rather she is compelled to it. And with this, the Shaykh al-Islam (may Allah have mercy on him) said in the Collection of Fatwas in the Book of the Stone, as far as I have grasped, and he said (may Allah have mercy on him) that this opinion is the first one to be stated, then he said, "And were it not for the people's need for it, I would not have stated it."
Answer:
No, he was not the first to say this; those who came before him said it, scholars before him (may Allah have mercy on him), but he preferred it, and he preferred it with a strong preference. In any case, it is not permissible for the menstruating woman to circumambulate until she becomes pure, based on the saying of the Messenger (peace and blessings be upon him) also:
do not perform Tawaf of the Ka`ba till you get clean (from your menses)
لا تطوفي بالبيت حتى تطهريTo circumambulate when not in a state of purity. Likewise, regarding Safiyyah, it was said, "Menstruation prevented us," except that menstruation prevents from circumambulation, prevents from circumambulation, prevents the woman from traveling. This is the requirement of the texts that she does not circumambulate until she circumambulates, even if she is compelled to travel, she travels, but when she becomes pure, her guardian brings her, her guardian brings her, and she completes the Hajj, she requests, he travels to her country, and when she becomes pure, her guardian brings her to complete her Hajj. And today, the situation differs from the time of the Shaykh al-Islam and others; today, the means of transportation are fast and easy, unlike what it was in the time of the Shaykh and others. The distance used to be months, and fear was present at that time, but now, praise be to Allah, it is hours and she arrives from the farthest part of the world. Yes.
This ruling remains in effect even if the circumstances change. The circumstances have changed now; means of transportation have become easier than before, and work has become more available, praise be to Allah, than before. In any case, the default is the saying of the Messenger (peace and blessings be upon him): “Do not circumambulate in the night until you have circumambulated.” Even if whoever issued a ruling did so, as long as the text is clear, we cannot break the text and tell her, “Go ahead and circumambulate while you are not in a state of purity.” Yes.
Source
شرح بلوغ المرام من أدلة الأحكام [ صالح الفوزان ]، كتاب الصلاة : باب المواقيت — islamhouse.com (28:40)
The Arabic text is a machine transcription of the audio recording.
