Ihram for 'Umrah by a menstruating woman from a point other than the miqat
Machine translationRead the Arabic original
Question:
It was said: We traveled to perform 'Umrah, and my sister was with us. She started menstruating during the journey and did not enter the state of ihram from the miqat of Najd. Then, after her menstruation ended, we took her to Tan'ud, where she entered the state of ihram and completed the 'Umrah. Is what we did valid? And is my sister required to do anything?
Answer:
If she intended to perform 'Umrah on the day she passed the miqat, and she intended to perform 'Umrah but did not enter the state of ihram because she thought a menstruating woman cannot enter the state of ihram, and she entered the state of ihram from a point other than the miqat, then she owes a fidyah (ransom payment). Her 'Umrah is valid, but she owes a fidyah because she left off an obligatory part of the 'Umrah, which is entering the state of ihram from the miqat. However, if on the day she passed the miqat she had not resolved to perform 'Umrah because she did not know when she would become pure, and she did not resolve to perform 'Umrah until later—meaning she entered the state of ihram from the place she intended to perform 'Umrah from, even if it was after the miqat—except if she was in Makkah, in which case she must go out to Tan'im and enter the state of ihram from the halal area.
It was said: We traveled to perform 'Umrah, and my sister was with us. She started menstruating during the journey and did not enter the state of ihram from the miqat of Najd. Then, after her menstruation ended, we took her to Tan'ud, where she entered the state of ihram and completed the 'Umrah. Is what we did valid? And is my sister required to do anything?
Answer:
If she intended to perform 'Umrah on the day she passed the miqat, and she intended to perform 'Umrah but did not enter the state of ihram because she thought a menstruating woman cannot enter the state of ihram, and she entered the state of ihram from a point other than the miqat, then she owes a fidyah (ransom payment). Her 'Umrah is valid, but she owes a fidyah because she left off an obligatory part of the 'Umrah, which is entering the state of ihram from the miqat. However, if on the day she passed the miqat she had not resolved to perform 'Umrah because she did not know when she would become pure, and she did not resolve to perform 'Umrah until later—meaning she entered the state of ihram from the place she intended to perform 'Umrah from, even if it was after the miqat—except if she was in Makkah, in which case she must go out to Tan'im and enter the state of ihram from the halal area.
Source
شرح بلوغ المرام من أدلة الأحكام [ صالح الفوزان ]، بداية من باب الصلح — islamhouse.com (7:27)
The Arabic text is a machine transcription of the audio recording.
