What is the evidence for the validity of the statement that ritual purity is not a condition for tawaf?
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The Shaykh : Yes
The questioner : Your Eminence, how do you reconcile the non-requirement of ritual purity for tawaf with the narrated hadiths and the statement that tawaf is like prayer, except that...
The Shaykh : Yes. As for the first one, which is the saying of the Prophet (peace and blessings be upon him) to Aisha: This does not indicate the obligation of ritual purity from minor ritual impurity, because Aisha was menstruating, and a menstruating woman cannot perform tawaf or anything else, nor can she remain in the mosque.
So the operative cause is not ritual purity; the operative cause is that she was menstruating, and a menstruating woman does not remain in the mosque. As for the statement that tawaf around the House is like prayer, except that Allah has permitted speech in it, this is not authentic from the Prophet (peace and blessings be upon him); rather, it is from Ibn Abbas, and even though... it is not consistent, because tawaf differs from prayer in many respects...
For tawaf has no specific takbir for entering or exiting, and laughter does not invalidate tawaf, whereas it invalidates prayer. Eating and drinking do not invalidate tawaf, whereas they invalidate prayer. Recitation is not required in tawaf, neither al-Fatihah nor anything else, whereas it is required in prayer. Facing the qiblah is not required in tawaf; rather, the Ka'bah must be on your left, whereas it is required in prayer. So it differs from prayer in many matters.
And the speech of the Messenger (peace and blessings be upon him) must be consistent and not contradictory. When it is contradicted in this hadith by some of the points I mentioned, it is known that it is not from the speech of the Messenger (peace and blessings be upon him), because the speech of the Messenger is protected from error.
Then, if we say that it is not required, it does not mean that we say it is not prescribed; rather, it is prescribed and better. Undoubtedly, it is better for a person to perform tawaf in a state of ritual purity, following the action of the Prophet (peace and blessings be upon him and his family), and because the one performing tawaf will pray two rak'ahs immediately after tawaf, and ritual purity is required for these two rak'ahs by consensus. And this is what the Shaykh al-Islam (may Allah have mercy on him) chose, preferred, and strengthened.
The questioner : Your Eminence, how do you reconcile the non-requirement of ritual purity for tawaf with the narrated hadiths
Do what the pilgrim does, except do not perform tawaf around the House.
افعلي ما يفعله البيت غير ألا تطوفي بالبيتThe Shaykh : Yes. As for the first one, which is the saying of the Prophet (peace and blessings be upon him) to Aisha:
Do what the pilgrim does, except do not perform tawaf around the House.
افعلي ما يفعله الحاج غير ألا تطوفي بالبيتSo the operative cause is not ritual purity; the operative cause is that she was menstruating, and a menstruating woman does not remain in the mosque. As for the statement that tawaf around the House is like prayer, except that Allah has permitted speech in it, this is not authentic from the Prophet (peace and blessings be upon him); rather, it is from Ibn Abbas, and even though... it is not consistent, because tawaf differs from prayer in many respects...
For tawaf has no specific takbir for entering or exiting, and laughter does not invalidate tawaf, whereas it invalidates prayer. Eating and drinking do not invalidate tawaf, whereas they invalidate prayer. Recitation is not required in tawaf, neither al-Fatihah nor anything else, whereas it is required in prayer. Facing the qiblah is not required in tawaf; rather, the Ka'bah must be on your left, whereas it is required in prayer. So it differs from prayer in many matters.
And the speech of the Messenger (peace and blessings be upon him) must be consistent and not contradictory. When it is contradicted in this hadith by some of the points I mentioned, it is known that it is not from the speech of the Messenger (peace and blessings be upon him), because the speech of the Messenger is protected from error.
Then, if we say that it is not required, it does not mean that we say it is not prescribed; rather, it is prescribed and better. Undoubtedly, it is better for a person to perform tawaf in a state of ritual purity, following the action of the Prophet (peace and blessings be upon him and his family), and because the one performing tawaf will pray two rak'ahs immediately after tawaf, and ritual purity is required for these two rak'ahs by consensus. And this is what the Shaykh al-Islam (may Allah have mercy on him) chose, preferred, and strengthened.