Continuation of the answer regarding the ruling on one whose ablution is broken during tawaf.
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The Shaykh : Because one of the conditions of tawaf is ritual purity, and Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him) said: If his ablution is broken while he is performing tawaf, he should continue his tawaf and it is not obligatory for him to perform wudu, because wudu is not a condition for tawaf. What Shaykh al-Islam (may Allah have mercy on him) said is the correct view, because there is no evidence from the Prophet (peace and blessings be upon him) that tawaf requires ritual purity. The most that is in the matter is that the Messenger (peace and blessings be upon him), when he intended to perform tawaf, performed wudu and then performed tawaf. This is an action, and an action does not indicate obligation. Similarly, in the hadith of Aisha when she menstruated, he said: Muwatta Malik 20:236 This is because a menstruating woman, and menstruation usually defiles the mosque. Also, a menstruating woman does not stay in the mosque, and likewise a person in a state of major ritual impurity does not stay in the mosque. Similarly, the hadith of Safiyyah that she menstruated after Hajj, so he said: Sahih al-Bukhari 1757 This is evidence that if she had been menstruating, she would not have performed tawaf. It is said: Menstruation is not the same as minor ritual impurity. If ritual purity had been obligatory for tawaf, the Messenger (peace and blessings be upon him) would have clarified it for the people, because many people might not be in a state of wudu. The original ruling is that it is not obligatory, and this is what Shaykh al-Islam held, which is the correct view and what we issue as a ruling. However, there is no doubt that it is better, more cautious, and more purifying for the conscience for a person to perform tawaf in a state of purity. But sometimes something happens that a person cannot handle, or it becomes difficult for him, such as during days of heavy crowds. If we said: Go and perform wudu, he goes and performs wudu, then returns. What does he do? Answer, what does he do? Does he start over and not build upon what came before?
The student: He starts over.
The Shaykh : Okay, he starts over. Also, during tawaf, he has a release, because he has his gas. We say: Go and perform wudu, then return and start the tawaf? We said: Yes, he does that. He goes and comes back, then he has a release again. And until when?
Because wudu on days of crowding is very difficult. First: When will a person be able to go out? Then, when he goes out, when will he find the place for wudu empty? Then, when he performs wudu and returns, when will he be able to get in? So, to obligate the servants of Allah something for which there is no clear evidence from the Book and the Sunnah, with this great hardship, the truth is that it is not permissible for a person to obligate the servants of Allah such a thing without clear evidence. Yes, if the matter were easy, like on days other than the seasons, he goes out, performs wudu, returns, and repeats the tawaf, this is an easy matter. We say: The most cautious thing is that you do this.
In any case: What we see is what Shaykh al-Islam (may Allah have mercy on him) saw, which is that wudu is not a condition for tawaf.
Yahya related to me from Malik from Abd ar-Rahman ibn al-Qasim from his father that A'isha said, "I came to Makka at the time of my period so I did not do tawaf of the House or go between Safa and Marwa. I complained to the Messenger of Allah, may Allah bless him and grant him peace, and he said, 'Do what the people doing hajj do except do not do tawaf of the House and go between Safa and Marwa until you are pure.' " Malik said, concerning a woman who entered ihram for umra at the time of hajj, and she arrived in Makka during her period and so could not do tawaf of the House, "When she fears that the time (for hajj) is getting close, she gets into ihram for the hajj and sacrifices an animal. She is like someone who combines the hajj and the umra. One tawaf is enough for her. If a women starts her period after she has already done tawaf of the House and prayed, she does say between Safa and Marwa and stops at Arafa and Muzdalifa and stones the jamras but she does not do the tawaf al-ifada until she is pure and has finished her menses."
افعلي ما يفعل الحاج غير ألا تطوفي بالبيت"Would she delay us?" The people said, "She has already performed Tawaf-al-Ifada." He said, "Therefore she will not (delay us)."
أحابستنا هي؟ قالوا: إنها قد أفاضت، قال: فانفرواThe student: He starts over.
The Shaykh : Okay, he starts over. Also, during tawaf, he has a release, because he has his gas. We say: Go and perform wudu, then return and start the tawaf? We said: Yes, he does that. He goes and comes back, then he has a release again. And until when?
Because wudu on days of crowding is very difficult. First: When will a person be able to go out? Then, when he goes out, when will he find the place for wudu empty? Then, when he performs wudu and returns, when will he be able to get in? So, to obligate the servants of Allah something for which there is no clear evidence from the Book and the Sunnah, with this great hardship, the truth is that it is not permissible for a person to obligate the servants of Allah such a thing without clear evidence. Yes, if the matter were easy, like on days other than the seasons, he goes out, performs wudu, returns, and repeats the tawaf, this is an easy matter. We say: The most cautious thing is that you do this.
In any case: What we see is what Shaykh al-Islam (may Allah have mercy on him) saw, which is that wudu is not a condition for tawaf.