Question:

Assalamualaikum wbt. My question, after I’ve completed all the requisites of umrah, I returned to my hotel to rest and prepare to travel back to Malaysia. Suddenly, I saw spots of brown on my pad. I considered that it isn’t my menstrual blood, but maybe some brownish spots due to all the physical activities that I’ve done, for instance, my tawaf and sa’ie because before and after that, there is no more brown spots for hours. The duration of my menstrual cycle is around 5 days and sometimes 6 days. However, during this period, I performed my obligatory bath and performed my tawaf on the 5^th day, because I can no longer observe any blood on my pad. So, what is the status of my umrah and tawaf because the blood spots are observed less than 24 hours? Hope for your explanation.

Answer:

Waalaikumussalam wbt.,

Alhamdulillah, praise and gratitude to Allah SWT for His countless blessings for us all. Praise and salutations to our beloved Prophet Muhammad PBUH, his family, companions, and all those who follow his footsteps until the Final day.

We begin with Allah SWT’s statement:

وَأَتِمُّوا الْحَجَّ وَالْعُمْرَةَ لِلَّـهِ

“And complete the Hajj and ‘umrah for Allah.” [1]

Scholars agreed that the ruling of hajj is obligatory and none has a contrary opinion. Hence, they ruled anyone who contradict something that is thabit in al-Quran, al-Sunnah and ijma’ as a disbeliever. It is the same for umrah, it is obligatory just like hajj according to a clear opinion from Imam al-Syafi’i and the above verse is evidence for those who hold the opinion that umrah is obligatory. Moreover, they agreed in stating that hajj and umrah is obligatory for those who are capable, once in a lifetime. [2]

Requisites of umrah

Requisites are the basics of certain worship. Hence, the requisites of umrah are as the following:

1. Ihram umrah is a part of hajj ihram
2. Tawaf for umrah
3. Sa’ie from Safa to Marwah hill
4. Shave or cut one’s hair

Syeikh ‘Abd al-Fattah Husein stated, it is understood from the writer’s words which is Imam al-Nawawi, that the fifth requisite for umrah is the requisites are performed in order. [3]

Blood spots were observed after completing all the requisites of umrah

Originally, a person in ihram is not conditioned to always be in a pure state except in two conditions, which is when he is praying and performing tawaf. This follows the hadith of the Prophet PBUH, he said:

لا تُقْبَلُ صَلاةٌ بغيرِ طُهُورٍ

“No prayer is accepted without Wudu’ (purification),” [4]

Likewise, for tawaf, it is stated in the book al-Fiqh al-Manhaji, the valid conditions of tawaf is the same as the valid conditions of prayer, which are, intention, pure from minor and major hadas, pure from najis one’s body, clothing and prayer place and covering the aurah. [5]

Moreover, Syeikh Daud al-Fatani clearly stated among the valid conditions of tawaf is to be pure from hadas – regardless of whether it is minor or major hadas – and free from unforgivable najis. [6]

Hence, if a person finds himself in hadas, whether it is major or minor hadas, or she came into contact with unforgivable najis, then her tawaf is annulled and invalidated. However, if she found blood spots after a certain long period of time such as after she returned to the hotel when she has completed umrah or others, then in this situation there is a possibility that the blood flowed after the tawaf is completed. An Islamic legal maxim stated:

الْيَقِينُ لَا يُزَالُ بِالشَّكِّ

“A ruling is built on a certainty that isn’t abrogated with only doubt.” [7]

For example, a woman who is certain that throughout her tawaf, she performed it while she is pure. Afterwards, he completed the rest of the umrah requisites. Then, she went back to her hotel and found blood spots. Hence, doubt creeps in her heart, did the blood flow when she is still completing her umrah or on her way back to her hotel – which is after she has completed her umrah. Thus, in this situation, her tawaf and umrah are valid based on the above maxim because originally, she is in a pure state. Thus, any doubts that arise after that does not abrogate the ruling that has been built on her certainty.

Another maxim stated:

الْأَصْلُ فِي كُلِّ حَادِثٍ تَقْدِيرُهُ بِأَقْرَبِ زَمَنٍ

“The original ruling of something that happens follows the closest time.”

For example, a person who performed ablution at a well (where the amount of water is a little) for several days and went to pray with this ablution. Then, he found out that there is a dead mouse in the well. Thus, in this matter, he isn’t obligated to qadha’ his prayers except if he is certain that he performed his prayer when he has najis on him. [8]

According to the above maxims, we are inclined to state that if she is certain that the blood flowed after her tawaf, then her tawaf is valid for there is a possibility that the blood flowed after the tawaf and not during her tawaf. In this situation, the woman is included as amongst women who performed tawaf during fatrah al-Naqa’ (duration she is pure from blood).

Tawaf during fatrah al-Naqa’

In this matter, there are two opinions in madhhab Syafi’i. First, the opinion of al-Sahb – and this is the final opinion – which is fatrah al-Naqa’ (duration the vagina is clean from blood) which is between menstrual blood flow, in a duration of 15 days, is also considered as menstruation because of the normal duration of the menstrual cycle of a woman change. While the blood that flowed exceeding 15 days is known as istihadah blood. While the second opinion states, which is the opinion of al-Laqt, considers fatrah al-Naqa’ as a time of purity. [9]

Thus, this second opinion resulted in the fast, prayer and tawaf performed during this time is valid. This is the opinion that is issued in fatwas by various contemporary scholars, when it involves the performance of hajj and umrah which are bound with a person’s capability in terms of financial burdens such as expenses, increase in hotel costs, travel costs such as the ticket flight or bus, visa and being together with the group.

This is in line with the statement of Allah SWT:

وَمَا جَعَلَ عَلَيْكُمْ فِي الدِّينِ مِنْ حَرَجٍ

“And [Allah] has not placed upon you in the religion any difficulty.” [10]

Likewise, there is a hadith narrated from Aisyah R.Anha, she said:

مَا خُيِّرَ رَسُولُ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ بَيْنَ أَمْرَيْنِ، أَحَدُهُمَا أَيْسَرُ مِنَ الْآخَرِ، إِلَّا اخْتَارَ أَيْسَرَهُمَا، مَا لَمْ يَكُنْ إِثْمًا، فَإِنْ كَانَ إِثْمًا، كَانَ أَبْعَدَ النَّاسِ مِنْهُ

“Never did Allah’s Messenger (ﷺ) make a choice between two things but adopting the easier one as compared to the difficult one, but his choice for the easier one was only in case it did not involve any sin, but if it involved sin he was the one who was the farthest from it amongst the people.” [11]

In the 35^th National Hajj Muzakarah Resolution held on 9^th – 11^th November 2018, it was decided that al-Naqa’ duration is determined based on experience, reality and the norm of fatrah al-Naqa’ experienced by a female hajj pilgrim previously, by not determining certain period and the conditions of blood flowed during tawaf. In other words, the woman doesn’t have to wait until 24 hours of fatrah al-Naqa’ to complete the tawaf, consequently, she can proceed to perform tawaf when she is certain she can perform tawaf during the al-Naqa’ duration. If the woman doesn’t find blood after tawaf, then the tawaf is valid, although even after several duration the blood continues to flow according to the opinion of al-Laqt.

Conclusion

According to the above discussion and arguments, we are inclined towards the opinion that a woman performing umrah is permissible to perform umrah using the opinion of al-Laqt where fatrah al-naqa’ (the duration the vagina is clean from blood) is considered as a time where the woman is pure. Thus, her prayer, tawaf and other worships performed during this time are valid.

However, she should first perform the obligatory bath before completing her tawaf. Likewise, she is not conditioned to wait 24 hours for her blood to stop before beginning her tawaf. If the blood flowed back after her tawaf, then it doesn’t affect the validity of her tawaf.

May Allah SWT grant us a clear understanding in religion. Ameen.

Wallahu a’lam.

[1] Surah al-Baqarah: 196

[2] See al-Fiqh al-Manhaji, 2/115-116; al-Idhah fi Manasik al-Haj wa al-Umrah, pg. 378-379.

[3] See al-Fiqh al-Manhaji, 2/144; al-Idhah fi Manasik al-Haj wa al-Umrah, pg. 386.

[4] Narrated by Muslim (224)

[5] See al-Fiqh al-Manhaji, 2/140-141

[6] See Matla‘ al-Badrain, arranged by PMWP, 1/282-283.

[7] See al-Asybah wa al-Nazair, pg. 50.

[8] See al-Asybah wa al-Nazair, pg. 59.

[9] See al-Taqrirat al-Sadidah, pg. 166.

[10] Surah al-Hajj: 78

[11] Narrated by Muslim (2327)