A woman who menstruated before the Tawaf of Ifadah and must leave Makkah before she becomes pure: what should she do?
Machine translationRead the Arabic original
Al-Halabi : What is the ruling for a woman in Hajj who menstruated before the Tawaf of Ifadah, and the time for leaving Makkah arrives before she becomes pure? What must she do?
The Shaykh : This is a recurring question, and I know the answer of some distinguished scholars is that she performs the Tawaf and departs with her companions. I see that this answer is wrong, a clear error. Did you not understand? I say that some scholars issue a fatwa that she should perform the Tawaf while menstruating so that she can depart with her companions. I said, or I said previously, that this answer is wrong. I will give the answer in two parts: a brief, scholarly, and argumentative answer, and a detailed one. As for the scholarly, argumentative answer: what does this woman do if she breaks a bone? Or if she is struck by an illness? Do her companions take her and expose her to travel with her while she is broken? Or are they forced to take her to the hospital to treat her there until she recovers, at least so she can walk, even if on crutches? The religion of Allah is more deserving of being fulfilled, and obedience to Allah is more worthy for the believer. Therefore, scholars should not rush to assume that there is a dire necessity for this woman to perform the Tawaf while menstruating, knowing that in Sahih al-Bukhari, from the hadith of Aisha (may Allah be pleased with her), when she performed Hajj with the Prophet (peace and blessings be upon him) and they stopped at a place near Makkah known as Saraf, Saraf being a place near Makkah, the Messenger (peace be upon him) came to her and found her crying. He said to her: What is wrong with you? She said: Yes, O Messenger of Allah. He said: How can we tell her to pray or tell her to perform the Tawaf while she is not in a state of ritual purity? This is not permissible. They speak of a dire necessity; what is the dire necessity? The dire necessity is that her companions are about to travel. We say her companions are not all going to travel; some will delay if she is struck by a physical calamity that forces her to delay. If she is struck by a religious calamity, she is even more deserving of delaying, as we indicated by his (peace be upon him) statement in the well-known hadith of the Khath'am woman, Sunan Abi Dawud 3310Sahih (Al-Albani) meaning that the rights of Allah the Glorious and Exalted in the very self of the Muslim must be cared for more and more than anything else. Therefore, there is no excuse for this menstruating woman to perform the Tawaf while menstruating on the pretext of her companions or female friends. Because there is a fatwa that says it is permissible for a woman to perform Hajj with female friends if they are trustworthy and religious. This is a false statement and contradicts the hadith of the Messenger (peace be upon him). Therefore, it is not permissible except that she delays until she becomes pure, performs the full ritual bath, and performs the Tawaf of Ifadah. There is no harm on her if she menstruated after the Tawaf of Ifadah and did not perform the Tawaf of Farewell, that she departs without the Tawaf of Farewell. This hadith contains a point: when the Messenger (peace be upon him) learned that Safiyyah had menstruated, he asked, inquiring: They said to him: Yes. He said: Then let her depart. So the Messenger here distinguished between the Tawaf of Ifadah and the Tawaf of Farewell. If the answer had been that she had not performed the Tawaf of Ifadah, what would the Messenger do? He would delay for her. But when the answer was that she had performed the Tawaf of Ifadah, he told her, "Then let her depart," meaning let her leave Makkah without the Tawaf of Farewell. Because the ruling of the Tawaf of Farewell is less than the Tawaf of Ifadah, even though both are obligatory. But the Tawaf of Ifadah is a pillar, and the Tawaf of Farewell is an obligatory act that the Hajj is valid without. Consequently, this obligatory act is dropped due to an excuse, which is? Menstruation. But the Tawaf of Ifadah is not dropped due to the excuse of menstruation.
The Shaykh : This is a recurring question, and I know the answer of some distinguished scholars is that she performs the Tawaf and departs with her companions. I see that this answer is wrong, a clear error. Did you not understand? I say that some scholars issue a fatwa that she should perform the Tawaf while menstruating so that she can depart with her companions. I said, or I said previously, that this answer is wrong. I will give the answer in two parts: a brief, scholarly, and argumentative answer, and a detailed one. As for the scholarly, argumentative answer: what does this woman do if she breaks a bone? Or if she is struck by an illness? Do her companions take her and expose her to travel with her while she is broken? Or are they forced to take her to the hospital to treat her there until she recovers, at least so she can walk, even if on crutches? The religion of Allah is more deserving of being fulfilled, and obedience to Allah is more worthy for the believer. Therefore, scholars should not rush to assume that there is a dire necessity for this woman to perform the Tawaf while menstruating, knowing that in Sahih al-Bukhari, from the hadith of Aisha (may Allah be pleased with her), when she performed Hajj with the Prophet (peace and blessings be upon him) and they stopped at a place near Makkah known as Saraf, Saraf being a place near Makkah, the Messenger (peace be upon him) came to her and found her crying. He said to her: What is wrong with you?
Did you menstruate or did you have a miscarriage?
أنفست أو نفست ؟This is a matter that Allah has decreed for the daughters of Adam. Do what the pilgrim does, except that you do not perform the Tawaf and do not pray.
هذا أمر كتبه الله على بنات آدم فاصنعي ما يصنع الحاج غير أن لا تطوفي ولا تصليthe debt due to Allah is the one which most deserves to be paid
دين الله أحق أن يقضىDid she perform the Tawaf of Farewell?
هل طافت طواف الوداع ؟
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.
