The ruling on a woman who left the tawaf of Ifadhah due to menstruation and traveled
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Question:
One of the sisters asks and says: The sender (M. A.) asks and says: What is the ruling for a menstruating woman who left Makkah al-Mukarramah before performing the tawaf of Ifadhah, because her husband was tied up with work at his sponsor's place, and she was unable to remain in Makkah until she became pure? And is it possible to return to perform the tawaf, or not? The ihram has already been exited based on a fatwa I received from the scholars, but I am not satisfied with that fatwa or with that Hajj. What is your guidance? May Allah reward you with good.
Answer:
It is obligatory for the one who did not perform the tawaf of Ifadhah and traveled due to an excuse that necessitated it, that she must return. She returns with her mahram for the tawaf, and her husband must not approach her until she performs the tawaf. So if she went with her husband to the city, he must return her at the appropriate times, or her brother, or her father, or another of her mahrams must return her to Makkah, until she performs the tawaf of Ifadhah, and performs sa'y if she has sa'y to perform. If she was in tamattu', her first sa'y was for the 'Umrah, and she must perform a second sa'y with the tawaf of Ifadhah for the Hajj. Her husband has no right to approach her, meaning to have intercourse with her, until she returns and performs the tawaf. If her husband does so and has intercourse with her, then she owes a sacrificial animal to be slaughtered in Makkah for the poor, and her Hajj is valid, the Hajj is valid, and praise be to Allah. But if he had intercourse with her, she must repent, and she commits a sin and he also commits a sin, and she owes a sacrificial animal to be slaughtered in Makkah for the poor because he had intercourse with her before the tawaf. Yes.
The presenter : May Allah reward you with good, and may He do you good. She has a word I would like you to comment on, O Shaykh! And that is her saying: that she exited her ihram based on a fatwa from the scholars, but she is not satisfied with that fatwa, and with that Hajj?
The Shaykh : If exiting the ihram was by using perfume, covering the face, and the like; then there is nothing wrong with that. Trimming the nails, applying henna to the hair, all of this is fine, because this is permitted after the stoning and the shortening of the hair. All of this is permitted, and only the prohibition of intercourse remains. So her exiting the ihram in these matters, applying henna to the hair, trimming the nails, plucking the armpit hair, and the like, there is nothing wrong with it.
If her intention in exiting the ihram was that her husband had intercourse with her, we have explained that she owes a sacrificial animal, and she must refrain until she performs the tawaf. He must not return to having intercourse with her until she performs the tawaf.
The presenter : May Allah reward you with good and do you good.
One of the sisters asks and says: The sender (M. A.) asks and says: What is the ruling for a menstruating woman who left Makkah al-Mukarramah before performing the tawaf of Ifadhah, because her husband was tied up with work at his sponsor's place, and she was unable to remain in Makkah until she became pure? And is it possible to return to perform the tawaf, or not? The ihram has already been exited based on a fatwa I received from the scholars, but I am not satisfied with that fatwa or with that Hajj. What is your guidance? May Allah reward you with good.
Answer:
It is obligatory for the one who did not perform the tawaf of Ifadhah and traveled due to an excuse that necessitated it, that she must return. She returns with her mahram for the tawaf, and her husband must not approach her until she performs the tawaf. So if she went with her husband to the city, he must return her at the appropriate times, or her brother, or her father, or another of her mahrams must return her to Makkah, until she performs the tawaf of Ifadhah, and performs sa'y if she has sa'y to perform. If she was in tamattu', her first sa'y was for the 'Umrah, and she must perform a second sa'y with the tawaf of Ifadhah for the Hajj. Her husband has no right to approach her, meaning to have intercourse with her, until she returns and performs the tawaf. If her husband does so and has intercourse with her, then she owes a sacrificial animal to be slaughtered in Makkah for the poor, and her Hajj is valid, the Hajj is valid, and praise be to Allah. But if he had intercourse with her, she must repent, and she commits a sin and he also commits a sin, and she owes a sacrificial animal to be slaughtered in Makkah for the poor because he had intercourse with her before the tawaf. Yes.
The presenter : May Allah reward you with good, and may He do you good. She has a word I would like you to comment on, O Shaykh! And that is her saying: that she exited her ihram based on a fatwa from the scholars, but she is not satisfied with that fatwa, and with that Hajj?
The Shaykh : If exiting the ihram was by using perfume, covering the face, and the like; then there is nothing wrong with that. Trimming the nails, applying henna to the hair, all of this is fine, because this is permitted after the stoning and the shortening of the hair. All of this is permitted, and only the prohibition of intercourse remains. So her exiting the ihram in these matters, applying henna to the hair, trimming the nails, plucking the armpit hair, and the like, there is nothing wrong with it.
If her intention in exiting the ihram was that her husband had intercourse with her, we have explained that she owes a sacrificial animal, and she must refrain until she performs the tawaf. He must not return to having intercourse with her until she performs the tawaf.
The presenter : May Allah reward you with good and do you good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.