What is the ruling on one who passed the miqat with his wife and she did not enter the state of ihram because of her menstruation, and when she became pure, he took her out to the non-sacred area to enter ihram from there?
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The questioner : I came this Ramadan, and I am a teacher who took a leave. My wife had an excuse, and I wanted to perform 'Umrah, so I took her with me on the basis that she would enter ihram from the Mosque of 'Umrah. What is the ruling in that? Intend the 'Umrah... and then enter ihram at the Mosque of 'Umrah, the Mosque of Lady A'ishah?
The Shaykh : I mean, you entered with her from where? From which miqat?
The questioner : From al-Sayl.
The Shaykh : From al-Sayl. You entered as a pilgrim performing 'Umrah, and she was in a state of purity (halal), on the basis that you would come for an 'Umrah from al-Tan'im.
The questioner : Yes, and I did not intend the 'Umrah at all at that time.
The Shaykh : Okay. And you did not intend it when you completed the 'Umrah?
The questioner : Yes, I completed the 'Umrah.
The Shaykh : And what did she do?
The questioner : She did nothing, but when she became pure, I took her to the Mosque of 'Umrah to intend the 'Umrah and enter ihram from there.
The Shaykh : How?
The questioner : I mean, after the excuse was still there, I took her to the Mosque of 'Umrah and she entered ihram from there.
The Shaykh : This is what I mean. When I asked you what you did, you said nothing. You say you took her to the Mosque of al-Tan'im and she performed 'Umrah from there.
The questioner : After she became pure.
The Shaykh : Yes, after she became pure, of course. Yes, why did you not have her enter ihram from your miqat?
The questioner : I thought, O Shaykh, that she could not enter ihram when she was not pure at all.
The Shaykh : A menstruating woman, I mean, it is permissible for her to enter ihram.
The questioner : I did not know that at the time.
The Shaykh : Ah, it is permissible for her to enter ihram while she is menstruating, but it is not permissible for her to perform tawaf. So you had to have her enter ihram from al-Sayl as you said, and then remain in her state of ihram until she becomes pure and performs tawaf and completes the tawaf. As for a non-resident (one from outside Makkah) leaving Makkah to al-Tan'im for the sake of 'Umrah, we do not know of any basis for this in the Sunnah at all. The only thing in the Sunnah is that the Prophet (peace and blessings be upon him) had A'ishah perform 'Umrah from al-Tan'im because she was menstruating when she arrived in Makkah and was unable to perform tawaf, even though she was a pilgrim performing 'Umrah. I mean, her situation was exactly the same as your wife's situation, so her situation is the same as that of the other. But A'ishah entered as a pilgrim performing 'Umrah, so your wife also had to enter as a pilgrim performing 'Umrah. As for all men and women in Makkah who go out and come back for 'Umrah from al-Tan'im, this has no basis in the Sunnah. It is clear. So, if Allah wills, next time, if you are able, have her perform 'Umrah from the miqat that you pass through.
The questioner : I mean, there is no blood or anything?
The Shaykh : No, there is nothing.
The Shaykh : I mean, you entered with her from where? From which miqat?
The questioner : From al-Sayl.
The Shaykh : From al-Sayl. You entered as a pilgrim performing 'Umrah, and she was in a state of purity (halal), on the basis that you would come for an 'Umrah from al-Tan'im.
The questioner : Yes, and I did not intend the 'Umrah at all at that time.
The Shaykh : Okay. And you did not intend it when you completed the 'Umrah?
The questioner : Yes, I completed the 'Umrah.
The Shaykh : And what did she do?
The questioner : She did nothing, but when she became pure, I took her to the Mosque of 'Umrah to intend the 'Umrah and enter ihram from there.
The Shaykh : How?
The questioner : I mean, after the excuse was still there, I took her to the Mosque of 'Umrah and she entered ihram from there.
The Shaykh : This is what I mean. When I asked you what you did, you said nothing. You say you took her to the Mosque of al-Tan'im and she performed 'Umrah from there.
The questioner : After she became pure.
The Shaykh : Yes, after she became pure, of course. Yes, why did you not have her enter ihram from your miqat?
The questioner : I thought, O Shaykh, that she could not enter ihram when she was not pure at all.
The Shaykh : A menstruating woman, I mean, it is permissible for her to enter ihram.
The questioner : I did not know that at the time.
The Shaykh : Ah, it is permissible for her to enter ihram while she is menstruating, but it is not permissible for her to perform tawaf. So you had to have her enter ihram from al-Sayl as you said, and then remain in her state of ihram until she becomes pure and performs tawaf and completes the tawaf. As for a non-resident (one from outside Makkah) leaving Makkah to al-Tan'im for the sake of 'Umrah, we do not know of any basis for this in the Sunnah at all. The only thing in the Sunnah is that the Prophet (peace and blessings be upon him) had A'ishah perform 'Umrah from al-Tan'im because she was menstruating when she arrived in Makkah and was unable to perform tawaf, even though she was a pilgrim performing 'Umrah. I mean, her situation was exactly the same as your wife's situation, so her situation is the same as that of the other. But A'ishah entered as a pilgrim performing 'Umrah, so your wife also had to enter as a pilgrim performing 'Umrah. As for all men and women in Makkah who go out and come back for 'Umrah from al-Tan'im, this has no basis in the Sunnah. It is clear. So, if Allah wills, next time, if you are able, have her perform 'Umrah from the miqat that you pass through.
The questioner : I mean, there is no blood or anything?
The Shaykh : No, there is nothing.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.
