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Haj and Tawaf Ziyarah.

Last updated: 7th December 2005
Question ID: #1197
Short URL: http://qa.muftisays.com/?1197
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Ibn Abdur Rahman
7th December 2005

 

Dear respected Mufti Sab,

I know a woman is not allowed to do Tawaf Ziyarah while on her monthly period. Now days, especially in England, majority of people go to Saudi to perform hajj with a group or tour. Due to this they are usually on a tight schedule especially on the return date. What is the ruling regarding a woman who has to return back to her home, but she has not performed Tawaf Ziyarah due to her being on her monthly course?

Secondly I am not sure if this is correct, but I have heard she should perform Tawaf al Ziyarah in that state and then give Dam to compensate. Is this correct?

Zajakullah Khairan




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Answer last updated on:
31st December 2009
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Bismillah





Al-jawab billahi at-taufeeq (the answer with Allah's guidance)





A woman can perform all the rituals of Umrah and Hajj except Tawaf and Salah.



Bukhari, Chapter: A menstruating woman will perform all the rituals of Hajj except Tawaf.



A'ta says, Jabir (RadhiyAllahu anhu) narrates that A'isha (RadhiyAllahu Anha) was in the state of menstruation and she performed all of the rituals of Hajj except Tawaf and Salah.



Narrated 'Aisha (RadhiyAllahu Anha):



We set out with the Prophet for Hajj and when we reached Sarif I got my menses. When the Prophet came to me, I was weeping. He asked, "Why are you weeping?" I said, "I wish if I had not performed Hajj this year." He asked, "May be that you got your menses?" I replied, "Yes." He then said, "This is the thing which Allah has ordained for all the daughters of Adam. So do what all the pilgrims do except that you do not perform the Tawaf round the Ka'ba till you are clean." (Al Kutub us Sitta, Bukhari, Book 6, Pg. 26)



The ruling of 3 Tawafs in Hajj for a menstruating woman:



1. Tawaf Qudoom/ Al Tahiyyah (Tawaf when you first enter Makkah. This Tawaf is Sunnah) - If she gets clean before leaving for Mina then perform the Tawaf otherwise it will drop and no Kaffarah will be necessary.



Narrated 'Aisha (RadhiyAllahu Anha):



I was menstruating when I reached Makkah. So, I neither performed Tawaf of the Ka'ba, nor the Tawaf between Safa and Marwa. Then I informed Allah's Apostle about it. He replied, "Perform all the ceremonies of Hajj like the other pilgrims, but do not perform Tawaf of the Ka'ba till you get clean (from your menses)." (Bukhari, Volume 2, Book 26 - Pilgrimage)



2. Tawaf Ziyarah/ Ifadah/ Al Hajj/ Fardh -



Narrated 'Aisha (RadhiyAllahu Anha):



We performed Hajj with the Prophet (Sallallahu Alaihi Wasallam) and performed Tawaf-al-Ifadha on the Day of Nahr (slaughtering). Safiya got her menses and the Prophet (Sallallahu Alaihi Wasallam) desired from her what a husband desires from his wife. I said to him, "O Allah's Apostle! She is having her menses." He said, "Is she going to detain us?" We informed him that she had performed Tawaf-al-Ifadha on the Day of Nahr. He said, "(Then you can) depart." (Bukhari, Volume 2, Book 26 - Pilgrimage, Number 789)



Narrated 'Aisha (RadhiyAllahu Anha):



The Prophet intended to return home after the performance of the Hajj, and he saw Safiya standing at the entrance of her tent, depressed and sad because she got her menses. The Prophet said, "Aqra Halqa! --An expression used in the Quraish dialect--"You will detain us." The Prophet then asked (her), "Did you perform the Tawaf Al-Ifadhah on the Day of Sacrifice (10th of Dhul-Hijja)?" She said, "Yes." The Prophet said, "Then you can leave (with us)." (Bukhari, Volume 8, Book 73 - Good Manners, Number 178)



From the above narrations we understand that Tawaf Al Ifadhah will not be dropped. As the Prophet (Sallallahu Alaihi Wasallam) said, "Is she going to detain us?" Meaning he would not leave until she got a chance to complete her period and then perform Tawaf Al Ifadhah.



Therefore, if a woman gets her menses during this time, she MUST wait until she completes her menses in order to perform this one. This has been agreed upon by all the jurists. (Al Mughni Vol.3 Pg.440)



According to the Hanafis, she must wait until she is clean to perform this Tawaf.



In Al Hidayah it is mentioned in the chapter of Tamattu',



If a woman comes under her monthly course at the time of her Ihram, she is to bathe and wear the Ihram, and is to do what the other pilgrims do, but she is not to perform the Tawaf of the house until she attains purification. This is based on the tradition of Aisha (RadhiyAllahu Anha) when she had her monthly courses at Sarif.. (Al Hidayah Vol.1 Chapter: Tamattu')



(See also: Fataawa Darul Uloom Deoband Vol.6 Pg.542)



However, if her menses did not complete and the flight time is due, then she would have to change the flight time. If a menstruating woman leaves without performing Tawaf Al Ifadhah then she would still be in Ihram and sexual relations with her husband will be unlawful until she returned to Makkah and made up the Tawaf Al Ifadhah without renewing the Ihram.



Also, Dam will be given due to the delay of Tawaf Al Ifadhah. (Al Hidayah Vol.1 Chapter: Tawaf in a state of impurity and deficient performance)



According to some scholars like Ibn Taymiyyah (Rahmatullahi Alaih) says that the woman will perform Tawaf even in this state without giving Dam. (Fatawaa Ibn Taymiyyah)





3. Tawaf Wadaa'/ Wajib/ Sadr (farewell Tawaf, last thing one performs before they leave Makkah)- if she gets her menses during this time it will drop.



Muslim, Chapter: It is obligatory to perform the farewell Tawaf, while a menstruating woman is exempted from it.



Ibn Abbas reported: The people were commanded (by the Holy Prophet) to perform the last circumambulation round the House, but menstruating women were exempted.



'A'isha (RadhiyAllahu Anha) reported: Safiyyah bint Huyayy entered the period of menses after performing Tawaf Ifadhah. I made a mention of her menses to Allah's Messenger (Sallallahu Alaihi Wasallam), whereupon Allah's Messenger (Sallallahu Alaihi Wasallam) remarked: Well, then she will detain us. I said: Messenger of Allah, she has performed Tawaf Ifadhah and circumambulated the House, and it was after this that she entered the period of menses. Thereupon Allah's Messenger (Sallallahu Alaihi Wasallam) said: (If it is so), then proceed forth.



This Hadith is narrated (from 'A'isha (RadhiyAllahu Anha)) on the authority of Ibn Shihab with the same chain of transmitters (and the words are): Safiyyah bint Huyayy, the wife of Allah's Apostle (Sallallahu Alaihi Wasallam), entered the period of menses at the occasion of the Farewell Pilgrimage after she had performed Tawaf Ifadhah in the state of cleanliness; the rest of the Hadith is the same.



From the Ahadith narrated by A'isha (RadhiyAllahu Anha), Tawaf Al Wada' will be dropped for a menstruating woman. As the Prophet (Sallallahu Alaihi Wasallam) said,"then proceed forth." Meaning leave with us without performing the farewell Tawaf.





And Only Allah Ta'ala Knows Best.