The Ruling on Touching the Mushaf for a Menstruating Woman and One in a State of Ritual Impurity
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Question:
What is the ruling on touching the mushaf for a menstruating woman, a person in a state of major ritual impurity, and one who has incurred a state of minor ritual impurity?
Answer:
It is not permissible for a woman in her menstrual period, a person in a state of major ritual impurity, or a person in a state of minor ritual impurity to touch the mushaf, according to the majority of scholars, the four imams, and the majority of the people. This is the ruling issued by the Companions (may Allah be pleased with them): that it is not permissible to touch the mushaf except for one who is in a state of ritual purity from both the minor and major states of impurity.
There is an anomalous opinion held by some of the Zahiris, followed by some people—which is of no value—that it is permissible. However, the opinion of the Imams and the Companions is more worthy of being followed. This is indicated by the statement of the Exalted and Majestic is He:[Al-Waqi'ah 56:79] a revelation from the Lord of the worlds [Al-Waqi'ah: 79-80]. "The purified ones" refers to those purified from disbelief and from states of ritual impurity as well. Purity is absolute, encompassing both. This is explained by the statement of the Prophet (peace and blessings be upon him) when he wrote to the people of Yemen: Muwatta Malik 15:1. This is a good hadith with good chains of transmission, and the purity referred to here is purity from states of ritual impurity.
As for recitation: there is nothing wrong with reciting even if one is not in a state of minor ritual purity. However, this does not apply to major ritual impurity; if one is in a state of major ritual impurity, he does not recite until he performs the full ritual bath. This is because the Messenger (peace and blessings be upon him) would refrain from reciting while in a state of major ritual impurity until he performed the full ritual bath. Once, he went out to the Companions and recited some verses, then said:.
The scholars differed regarding the menstruating woman and the woman with post-natal bleeding: are they like the person in a state of major ritual impurity, such that they do not recite? There are two opinions:
The first is that they are like the person in a state of major ritual impurity, on the basis that both are in a state of major ritual impurity and both are required to perform the full ritual bath.
The second opinion is that they are not like the person in a state of major ritual impurity, because the duration of major ritual impurity is short, and there is no obstacle for the person to perform the full ritual bath. As soon as he is done with his need, he performs the full ritual bath and recites. However, the menstruating woman and the woman with post-natal bleeding do not have that option; they have a duration, and they cannot perform the full ritual bath until the bleeding stops. Therefore, they are excused.
The correct view is that they may recite, but without touching the mushaf. They may recite from memory, recite their portion after sleep, and teach their young children from memory. They may also recite when they enter the state of consecration for Hajj and 'Umrah. The Prophet (peace and blessings be upon him) said to 'A'ishah:Muwatta Malik 20:236, and he did not say to her: "Do not recite," when she was menstruating. He said: Muwatta Malik 20:236, so he forbade her from circumambulation, but he did not forbid her from recitation. As for prayer: it is well known that she does not pray.
This is the correct view: she may recite, but without touching the mushaf. She may attend lessons and continue seeking knowledge in schools. If there is a need to touch the mushaf, it should be done through a barrier, such as wearing gloves or the like. When there is a need to review a verse, or to teach, or the like, she touches it with gloves. This is the stronger of the two opinions of the scholars, and it is not permissible to analogize them to the person in a state of major ritual impurity, due to the difference between them.
As for the hadith narrated by al-Tirmidhi:, it is a weak hadith according to the scholars of knowledge; it is not authentic.
What is the ruling on touching the mushaf for a menstruating woman, a person in a state of major ritual impurity, and one who has incurred a state of minor ritual impurity?
Answer:
It is not permissible for a woman in her menstrual period, a person in a state of major ritual impurity, or a person in a state of minor ritual impurity to touch the mushaf, according to the majority of scholars, the four imams, and the majority of the people. This is the ruling issued by the Companions (may Allah be pleased with them): that it is not permissible to touch the mushaf except for one who is in a state of ritual purity from both the minor and major states of impurity.
There is an anomalous opinion held by some of the Zahiris, followed by some people—which is of no value—that it is permissible. However, the opinion of the Imams and the Companions is more worthy of being followed. This is indicated by the statement of the Exalted and Majestic is He:
None touch it except the purified.
لَا يَمَسُّهُ إِلَّا الْمُطَهَّرُونَ no-one should touch the Qur'an unless he was pure
لا يمسّ القرآنَ إلا طاهرٌAs for recitation: there is nothing wrong with reciting even if one is not in a state of minor ritual purity. However, this does not apply to major ritual impurity; if one is in a state of major ritual impurity, he does not recite until he performs the full ritual bath. This is because the Messenger (peace and blessings be upon him) would refrain from reciting while in a state of major ritual impurity until he performed the full ritual bath. Once, he went out to the Companions and recited some verses, then said:
This is for one who is not in a state of major ritual impurity; as for the one in a state of major ritual impurity, he does not, and not even a verse
هذا لمن ليس جنبًا، أما الجنب فلا، ولا آيةThe scholars differed regarding the menstruating woman and the woman with post-natal bleeding: are they like the person in a state of major ritual impurity, such that they do not recite? There are two opinions:
The first is that they are like the person in a state of major ritual impurity, on the basis that both are in a state of major ritual impurity and both are required to perform the full ritual bath.
The second opinion is that they are not like the person in a state of major ritual impurity, because the duration of major ritual impurity is short, and there is no obstacle for the person to perform the full ritual bath. As soon as he is done with his need, he performs the full ritual bath and recites. However, the menstruating woman and the woman with post-natal bleeding do not have that option; they have a duration, and they cannot perform the full ritual bath until the bleeding stops. Therefore, they are excused.
The correct view is that they may recite, but without touching the mushaf. They may recite from memory, recite their portion after sleep, and teach their young children from memory. They may also recite when they enter the state of consecration for Hajj and 'Umrah. The Prophet (peace and blessings be upon him) said to 'A'ishah:
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 الحاجُّYahya 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 الحاجُّ، غير ألا تطوفيThis is the correct view: she may recite, but without touching the mushaf. She may attend lessons and continue seeking knowledge in schools. If there is a need to touch the mushaf, it should be done through a barrier, such as wearing gloves or the like. When there is a need to review a verse, or to teach, or the like, she touches it with gloves. This is the stronger of the two opinions of the scholars, and it is not permissible to analogize them to the person in a state of major ritual impurity, due to the difference between them.
As for the hadith narrated by al-Tirmidhi:
A menstruating woman and a person in a state of major ritual impurity do not recite the Qur'an
لا يقرأ القرآنَ حائضٌ ولا جنبٌ
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.