A Menstruating Pilgrim Circumambulating the Ka`bah

05/12/2013 03:54

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A Menstruating Pilgrim Circumambulating

the Ka`bah
Pilgrimage & Udhiya [1]
Date:
Wed, 11/21/2007
Author:
Sheikh `Abd Allah b. Bayyih [2]
Short Content:
Scholars in the 8th century A.H made concessions for a menstruating woman to perform
tawf, since that is when great difficulties in Hajj began.
Body:
The overarching consideration of making things easy for the pilgrims is what led scholars in
the 8th century A.H. to make concessions for a menstruating woman to perform her tawf. It
was in this century that this issue began posing great difficulties for the pilgrims.
The following is the text of Sheikh Ibn Taymiyahs verdict given at that time, quoted in full from
al-Balads record of it in his work Dall al-Slik. We will see in this ruling how perceptively
Islamic scholars of the past have taken the pilgrims difficulties into consideration:
Every year during the Hajj, numerous women form the ranks of the scholars and
the laity fall into difficulty on account of their menstrual periods setting in before
they have the chance to offer the Tawf of Hajj Tawf al-Ifdah. Then they are
forced to leave with their travel groups before their menstruation subsides.
In the year 707 A.H., in particular, this happened to a considerable number of
women, some of whom were quite prominent. There were essentially four different
situations:
[1] There were those women whose periods were interrupted for a day or more
due to medication.
[2] There were others whose periods stopped without their taking any medication.
Thinking that the bleeding would not resume, they carried on with their Hajj in the
same manner as the women who had taken medication. However, their bleeding
resumed again thereafter.
[3] There were still other women who offered their tawf before their menstrual
periods were over and before taking a bath.
[4] There were still others who departed with their travel groups before offering
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A Menstruating Pilgrim Circumambulating the Ka`bah

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still turn to the Shfi` school of law for at least a way out of ihrm for them.
According to the Shfi` school of law, if a person leaves Mecca by a days journey
or more and is unable to return to Mecca due to a concern for personal safety or
property, then that person assumes the legal status of one who was prevented
from making Hajj. The person should take the steps to emerge from ihrm where
she is, slaughter a sheep, and cut her hair. She thus emerges from ihrm, though
without having a Hajj to her credit.
Elsewhere in his writings, Ibn Taymiyah says:
The most that can be said about ritual purity for tawf is that it is a condition for it.
However, it is a known fact that the condition of purity is more clearly asserted for
prayer. In spite of this, most scholars agree that prayer without purity is valid when
the worshipper has an excuse
Ibn Taymiyah then in a very lengthy discourse that we do not have room to reproduce here
comes out strongly in support of the needs of menstruating women when it comes to their
performing the Hajj. He propounds the evidence for the validity of their Hajj, and
demonstrates that they do not even have to slaughter an animal in compensation.
He concludes by saying:
This is what I have arrived at in this matter, taking into consideration of the
necessity brought on by the circumstances and the dire needs of the people. I
have thoroughly surveyed what the people have said on the matter, and I have
found that no one before me has really addressed this matter. This is, therefore, a
case of exercising legal judgment in the face of necessity, which is something that
Allah has commanded. If what I have said is correct, then it is from Allah and His
Messenger. If it is mistaken, then it is from Satan, and Allah and His Messenger
are innocent of it.
Let us now look at how an eminent Mlik scholar al-Zarqn deals with the difficult
contingencies of his own school of thought on the matter of a menstruating womans
pilgrimage.
Al-Khall, in his essential treatise on Mlik law, states quite clearly: The transport service and
the guardian of the woman are to be detained and they must wait for the woman who is
menstruating or experiencing post-natal bleeding for the time that these conditions normally
persist. They are to be so detained unless it is unsafe.
Al-Zarqni in his definitive commentary on Khalls treatise, writes:
This ruling, as must be obvious to everyone, brings about an inordinate level of
difficulty for people, especially those who come from distant countries. The ease
that our religion holds as a foundational principle dictates that the woman should
rather follow the opinion of our Mlik scholars from Basra, who say that the tawf
of greeting and the sa`y that is performed after it suffice for Tawf al-Ifdah if it is
left out due to ignorance or forgetfulness. She should not follow this ruling from our
Baghdadi scholars who say that her Hajj is incomplete even if it is their view that
has been adopted as the official position of the Mlik school of law.
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A Menstruating Pilgrim Circumambulating the Ka`bah

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We should not doubt that a menstruating woman has a better excuse than that of
someone acting out of ignorance or forgetfulness.
When we look to Ab Hanfah, we see that he says a woman can perform tawf
when she is menstruating. This is because, according to him, being in a state of
purity from ritual defilement or physical impurities is not a condition of tawf in the
first place.
This is also one of the two opinions that had been expressed by Ahmad b. Hanbal,
whereby she must slaughter a camel and continue her Hajj, on the strength of her
tawf being valid. This is in spite of her sinfulness according to Ahmad if not also
to Ab Hanfah for entering the Sacred Mosque while menstruating.
And Allah knows best.
We must realize that the circumstances of people today are more restricted and complicated
then they were back then. This is only more acute with the loss of life that takes place during
the Hajj. We need more than ever to adopt the easier of rulings in the face of such
circumstances. I would go so far to say that it has become our religious duty to do so.
Pilgrimage & Udhiya
Source URL: http://en.islamtoday.net/artshow-405-3394.htm
Links:
[1] http://en.islamtoday.net/artlist-10-405.htm
[2] http://en.islamtoday.net/author-291.htm

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