Umrah: Condition of purity from menstruation for Tawaf is waived incase of necessity

Question: I came from my country for Umrah with my Husband and as soon as I landed at Jeddah, i got my period even before starting my Umrah. After four days, we have our return flight. We cannot postpone our flight as my mahram, that is my husband, has to return back for an unavoidable reason. Also, I am not sure if I will be able to come back to perform Umrah again. I have already intended and entered the state of Ihram for Umrah. I do not have time to stay in Makkah until I become pure to perform Umrah after that. What should I do in this situation? This is the first time I came for Umrah in my life!

 

Summary of Answer: If the situation is as described, where the woman menstruates before performing Tawaf while in Ihram, and her mahram is forced to travel immediately, and she has no mahram or husband in Makkah, the condition of purity from menstruation for performing Tawaf is waived due to such dire necessity.

 

Answer: Praise be to Allah.

Firstly,

if it is possible for you to take medication that stops the menstruation without causing harm, then do so. If the bleeding stops and the area is dry to the point that the cotton comes out clean without any trace of blood, yellowish discharge, or impurities, then you are considered pure. In this case, you can perform Umrah while in a state of purity. This would resolve the difference of opinion among those who invalidated the Tawaf of menstruating women, which is the view of the majority of scholars.”

Abd al-Razzaq narrated in his Musannaf (1/318): Muammar told us: Wasil, the freed slave of Ibn Uyaynah, told us on the authority of a man who asked Ibn Umar about a woman whose menstrual blood was prolonged and she wanted to drink a medicine that would stop the blood, so Ibn Umar saw no harm in it. Ibn Umar prescribed the water of the Arak (type of miswak) tree. Muammar said: I heard Ibn Abi Nujayh being asked about that and he saw no harm in it. 1https://shamela.ws/book/13174/1325

It was also narrated from Ata that he was asked about a woman who menstruates and is given medicine that stops her menstruation while she is still in her menstrual period. Can she perform Tawaf? He said: “Yes, if she sees purity. But if she only notices “Al-Khufuq” without seeing the clear white purity, then no.” Al-Khufuq refers to a small or light amount of blood near the time of cessation.

And in Kashshaaf al-Qina (كَشّافُ القِناع), (1/218), it says: “It is permissible to take a lawful medicine to stop menstruation, provided it does not cause harm.” 2https://shamela.ws/book/622/551

Secondly,

if it is not possible to stop the menstruation or if doing so would cause harm, you are faced with two options:

The first: You can enter Makkah without Ihram. If you become pure before your travel, you can return to the Miqat, assume Ihram, and perform Umrah. If you do not become pure, you will return without performing Umrah, and there is no issue with that, especially if you have already performed Umrah before. In that case, the obligation is considered fulfilled, according to the view that Umrah is obligatory.

The second: You can assume Ihram for Umrah and perform Tawaf while still menstruating, after taking precautions to prevent the blood from spreading. This is based on the view that purity is not a condition for the validity of Tawaf, but it is obligatory and can be waived due to a valid excuse or compensated with a sacrifice.

The Hanafi school of thought holds that in such a case, Tawaf is valid, and a sacrifice is required. There is a narration from Ahmad that Tawaf is valid, and a sheep is required as compensation. Sheikh al-Islam preferred the view that Tawaf is valid in cases of excuse, and that nothing is required from the woman.

Al-Mardawi, may Allah have mercy on him, said: “His statement (And if he performs Tawaf while in a state of ritual impurity, or while naked, it will not be valid) — if someone performs Tawaf while in a state of ritual impurity, the correct view from the school of thought, and the one upheld by the scholars, is that it will not be valid. The Qadi and others stated that it is like prayer in all its rulings, except in allowing speech.

And there is another view: it is valid, and it is compensated with a sacrifice. In Al-Furu (الفروع), it says: “And according to another view, it is compensated with a sacrifice, if the person is not in Makkah, and this is likely what the author meant. There is also the view that it is valid only for someone who forgets or has an excuse, and another view that it is valid only for these two categories, with a sacrifice required. There is also the view that it is valid for a menstruating woman, and she must compensate with a sacrifice, which is the apparent statement of Al-Qadi. Sheikh Taqi al-Deein chose the view that it is valid for her, and for every excused person, and that no sacrifice is required from either of them. He said: ‘Is Taharah (purification) obligatory or sunnah for her? There are two opinions in the school of Ahmad and others.” (This is taken from “كتاب الإنصاف في معرفة الراجح من الخلاف
لمرداوي” Kitabu Al-Insaf fi Maarifatu ar-Rajihi min al-khilafi lil-Mardaawi 4/16)
. 3https://shamela.ws/book/21609/1640

So, you may follow the view of Sheikh al-Islam, may Allah have mercy on him, if you have not become pure and cannot stay in Makkah until you do.

The Permanent Committee for Ifta was asked the following question: “A woman came to perform Umrah while in a state of Ihram, but after arriving in Makkah, she menstruated. Her mahram is forced to travel immediately, and she has no one in Mecca. What is the ruling?”

They answered: “If the situation is as described, where the woman menstruates before performing Tawaf while in Ihram, and her mahram is forced to travel immediately, and she has no mahram or husband in Mecca, the condition of purity from menstruation for entering the mosque and performing Tawaf is waived due to necessity. She can use a sanitary cloth and perform Tawaf and Sa’i for her Umrah, unless it is possible for her to travel and return with her husband or mahram, due to the short distance and ease of the journey. In that case, she should travel and return once her menstruation stops to perform Tawaf of Umrah while pure. Allah, the Almighty, says: “Allah intends for you ease and does not intend for you hardship.” He also says: “Allah does not burden a soul beyond that it can bear.” And He says: “And He has not made for you in religion any difficulty.” And He says: “So fear Allah as much as you are able.”

The Messenger of Allah (ﷺ) said: “When I command you to do something, do of it what you are able.” This, along with other texts that emphasize ease and the removal of hardship, was the position held by many scholars, including Sheikh al-Islam Ibn Taymiyyah and his student, the renowned scholar Ibn al-Qayyim, may Allah have mercy on them.” [Quoted from Fatawa Islamiyyah (2/238)].

Sheikh Ibn Uthaymeen, may Allah have mercy on him, was asked: “A woman menstruated and did not perform the Tawaf al-Ifadah. She lives outside the kingdom, and the time for her departure has come, and she cannot delay her departure, and it is impossible for her to return to the kingdom again. What is the ruling?”

He answered: “If the situation is as described, where the woman did not perform the Tawaf al-Ifadah and menstruated, and it is impossible for her to stay in Makkah or return if she travels before performing Tawaf, then in this case, she may choose one of two options: Either she can use a medication to stop the bleeding and perform Tawaf, or she can use a cloth to prevent the blood from flowing to the mosque and perform Tawaf, due to necessity. This opinion, which we have mentioned, is the most correct one and was chosen by Sheikh al-Islam Ibn Taymiyyah.

The other alternatives are one of two: either she remains in her state of Ihram, meaning she cannot become lawful to her husband, nor can anyone marry her if she is not married; or she is considered ‘muḥṣara’ (constrained), and she must sacrifice an animal and be released from Ihram. In this case, the Hajj is not valid for her. Both of these options are difficult.

Therefore, the preferred ruling is that which Sheikh al-Islam Ibn Taymiyyah, may Allah have mercy on him, stated in such circumstances of necessity, as Allah, the Almighty, says: “He has not made for you in religion any difficulty.” And He says: “Allah intends for you ease and does not intend for you hardship.”

However, if the woman is able to travel and then return when she becomes pure, there is no harm in her traveling. Once she becomes pure, she can return and perform the Tawaf of Hajj. During this time, she is not lawful to her husband, as she has not completed the second release from Ihram.” [Quoted from Majmū‘ Fatāwā Ibn Uthaymeen (24/351)].

It should be noted that this Tawaf is for those who have such an excuse and hence to remove hardship. Otherwise, a menstruating woman is prohibited from performing Tawaf.

May Allah accept our deeds.

And Allah knows best.

 

Footnotes:

  • 1
    https://shamela.ws/book/13174/1325
  • 2
    https://shamela.ws/book/622/551
  • 3
    https://shamela.ws/book/21609/1640