The ruling on a woman who cancels her intention for 'Umrah while menstruating and then becomes pure
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The questioner : A menstruating woman passed by the miqat of Madinah in the last days of Ramadan. Due to her ignorance, she thought that 'Umrah is not valid for a menstruating woman, so she did not intend to perform 'Umrah at the miqat, even though she had intended to do so before her menstruation began. The question is: if this woman becomes pure from menstruation in the month of Shawwal, does she have to go out to the non-sacred area (Hill) and enter the state of ihram, or does she go to the Haram, perform tawaf and sa'y, and shorten her hair? Please inform us, and may Allah reward you with good.
The Shaykh : Yes, if the woman reaches the miqat while menstruating and then cancels the 'Umrah, meaning she revokes her intention.
And she says that since her menstruation has come, she will cancel the 'Umrah and perform it on another trip. If it happens that she becomes pure at a time when she is able to perform 'Umrah, she must enter the state of ihram from the place where she originally intended to perform 'Umrah. For example, if she passed by the miqat of the people of Madinah, which is Dhul-Hulayfah, also known as Abwar 'Ali, while she was menstruating, and she said that since her period has come, she will revoke her intention and does not want to perform 'Umrah, and she cancelled it completely, and then when she reached Jeddah she became pure and said, "Since I have become pure, I will perform 'Umrah," in this case she enters the state of ihram from Jeddah, and there is no blame on her. This is because she completely cancelled the first intention.
However, if she did not cancel the first intention, meaning she passed by the miqat while menstruating and thought that a menstruating woman cannot validly enter the state of ihram, so she said, "I will cancel entering the state of ihram now, and when I become pure, I will enter the state of ihram for 'Umrah," then it is obligatory for her, when she becomes pure, to return to the miqat that she has passed and enter the state of ihram from there. It is not permissible for her to enter the state of ihram from the place where she became pure, because this woman did not cancel the 'Umrah, but rather she only cancelled entering the state of ihram from the miqat. There is a difference between one who cancels the ritual completely and one who cancels entering the state of ihram from the miqat. So what is the correct action if a woman passes by the miqat while intending to perform 'Umrah and is menstruating? We say the correct action is to enter the state of ihram while menstruating, because the ihram of a menstruating woman is valid. For this reason, when Asma bint 'Umayyad gave birth to Muhammad ibn Abi Bakr (may Allah be pleased with them both), she sent a message to the Prophet (peace and blessings be upon him) asking, "What should I do?" He said, "Take a bath, wrap yourself in a cloth, and enter the state of ihram." The Prophet (peace and blessings be upon him) did not make post-natal bleeding a barrier to entering the state of ihram; rather, he said, "Take a bath, wrap yourself in a cloth, and enter the state of ihram." So we tell the woman: if you pass by the miqat while menstruating and intending to perform 'Umrah, enter the state of ihram for 'Umrah, but do not perform tawaf around the House or between al-Safa and al-Marwah until you become pure.
The Shaykh : Yes, if the woman reaches the miqat while menstruating and then cancels the 'Umrah, meaning she revokes her intention.
And she says that since her menstruation has come, she will cancel the 'Umrah and perform it on another trip. If it happens that she becomes pure at a time when she is able to perform 'Umrah, she must enter the state of ihram from the place where she originally intended to perform 'Umrah. For example, if she passed by the miqat of the people of Madinah, which is Dhul-Hulayfah, also known as Abwar 'Ali, while she was menstruating, and she said that since her period has come, she will revoke her intention and does not want to perform 'Umrah, and she cancelled it completely, and then when she reached Jeddah she became pure and said, "Since I have become pure, I will perform 'Umrah," in this case she enters the state of ihram from Jeddah, and there is no blame on her. This is because she completely cancelled the first intention.
However, if she did not cancel the first intention, meaning she passed by the miqat while menstruating and thought that a menstruating woman cannot validly enter the state of ihram, so she said, "I will cancel entering the state of ihram now, and when I become pure, I will enter the state of ihram for 'Umrah," then it is obligatory for her, when she becomes pure, to return to the miqat that she has passed and enter the state of ihram from there. It is not permissible for her to enter the state of ihram from the place where she became pure, because this woman did not cancel the 'Umrah, but rather she only cancelled entering the state of ihram from the miqat. There is a difference between one who cancels the ritual completely and one who cancels entering the state of ihram from the miqat. So what is the correct action if a woman passes by the miqat while intending to perform 'Umrah and is menstruating? We say the correct action is to enter the state of ihram while menstruating, because the ihram of a menstruating woman is valid. For this reason, when Asma bint 'Umayyad gave birth to Muhammad ibn Abi Bakr (may Allah be pleased with them both), she sent a message to the Prophet (peace and blessings be upon him) asking, "What should I do?" He said, "Take a bath, wrap yourself in a cloth, and enter the state of ihram." The Prophet (peace and blessings be upon him) did not make post-natal bleeding a barrier to entering the state of ihram; rather, he said, "Take a bath, wrap yourself in a cloth, and enter the state of ihram." So we tell the woman: if you pass by the miqat while menstruating and intending to perform 'Umrah, enter the state of ihram for 'Umrah, but do not perform tawaf around the House or between al-Safa and al-Marwah until you become pure.
Source
جلسات الحج 1409هـ - 1 — binothaimeen.net (1:02:19)
The Arabic text is a machine transcription of the audio recording.
