Question:
Assalamualaikum ustaz. What is the ruling for a woman who starts menstruating during tawaf (circumambulation) and is she fined with dam? Hope for an explanation. Thank you.
Answer:
Waalaikumussalam wrt. 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 the statement of Allah SWT:
وَلْيَطَّوَّفُوا بِالْبَيْتِ الْعَتِيقِ
“And perform Tawaf around the ancient House.” [1]
Al-Syaukani stated that tawaf means in the verse is tawaf ifadhah. Kaaba is stated as “الْعَتِيقِ” because Allah SWT frees it from the authority of the oppressors. There is another opinion that states that the meaning is an honour. [2]
Valid conditions for tawaf
Generally, a tawaf is considered valid when it fulfils all of its conditions. Valid conditions of tawaf are the same as the valid conditions of prayer which are, intention, pure from minor and major hadas, free from najis on one’s body, clothing or place of tawaf and covers the aurah. [3] This is as stated in a hadith from Ibn Abbas R.Anhuma where the Prophet PBUH said:
الطَّوَافُ حَوْلَ البَيْتِ مِثْلُ الصَّلاَةِ ، إِلاَّ أَنَّكُمْ تَتَكَلَّمُونَ فِيهِ ، فَمَنْ تَكَلَّمَ فِيهِ فَلاَ يَتَكَلَّمَنَّ إِلاَّ بِخَيْرٍ
“The circumambulation of the House is like prayer, except that you speak while performing it; but he who speaks must speak only what is good.” [6]
Tawaf for Menstruating Woman
Majority of previous and contemporary scholars set the condition for a woman menstruated or experienced nifas (vaginal bleeding due to childbirth) to be pure before performing tawaf. This is based on a narration of al-Qasim bin Muhammad who said, he heard Aisyah R.Anha said:
خَرَجْنَا لاَ نَرَى إِلَّا الحَجَّ، فَلَمَّا كُنَّا بِسَرِفَ حِضْتُ، فَدَخَلَ عَلَيَّ رَسُولُ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ وَأَنَا أَبْكِي، قَالَ: مَا لَكِ أَنُفِسْتِ؟ قُلْتُ: نَعَمْ، قَالَ: إِنَّ هَذَا أَمْرٌ كَتَبَهُ اللهُ عَلَى بَنَاتِ آدَمَ، فَاقْضِي مَا يَقْضِي الحَاجُّ، غَيْرَ أَنْ لاَ تَطُوفِي بِالْبَيْتِ
“We went out with the Messenger of Allah (ﷺ) with no intention other than Hajj. When he was in Sarif I began menstruating. The Messenger of Allah (ﷺ) entered upon me and I was weeping. He said: ‘What is the matter with you? Have you Nifas begun?’ I said: ‘Yes.’ He said: ‘This is something that Allah the Mighty and Sublime has decreed for the daughters of Adam. Do what the pilgrims do but do not perform Tawaf around the House.'” [5]
According to Ibn Hajar al-‘Asqalani, the above hadith shows the prohibition for a menstruating woman from performing tawaf until she stops bleeding and has performed the obligatory bath. The reason is a prohibition in doing something shows that it will damage the worship performed. In other words, tawaf performed by a menstruating woman is invalid. [6]
Al-Mahalli stated that if a person performed tawaf naked or in hadas or bearing unforgivable najis on his clothes or body, then the tawaf he performed is invalid. Then, Qalyubi and ‘Amirah cited according to Abu Hanifah, a person who performs tawaf while he is in hadas, his tawaf is valid but for a person in junub and menstruating, they are fined with dam, a camel, while for a person in minor hadas, is fined dam of a goat. [7]
Al-Kasani stated that being pure from hadas, junub, menstruation and nifas is not a permissible condition of tawaf neither is it a fardhu according to us (scholars of madhhab Hanifah), however, it is obligated that a person is permissible to perform tawaf without this matter. But, according to al-Syafi’I it is fardhu. Hence, it is impermissible for a person to perform tawaf without it (which means being pure from hadas, menstruation and others). Next, al-Kasani added that if being pure is included as one of the obligatory matters of tawaf, then a person who performs tawaf without it must repeat his tawaf as long as he is still in Mecca, for repeating something from its type (which means tawaf) to rectify the deficiencies in the tawaf performed is prioritized. Hence, if he repeats his tawaf on al-Nahr day, then he isn’t fined with any dam. However, if he postponed repeating the tawaf, then he is fined with dam according to one opinion of Abu Hanifah. If he didn’t repeat the tawaf at all and return to his family (country or place of origin), then he is fined with dam, whereas for a person in hadas is a goat while a person in junub is a camel. [8]
Conclusion
According to the above discussion, we are inclined towards the opinion of the jumhur of scholars that states the tawaf performed by a menstruating woman is invalid, for it is more ahwat and safe.
However, if her pure time comes late, concurrently, if she waited to be pure and this will make her miss her flight home, then it is permissible for her to perform tawaf, taqlid with the opinion of scholars of madhhab Hanafi and she is fined with dam of a camel.
Or she can take the opinion of al-Laqt in madhhab Syafi’I which is fatrah al-Naqa’ (a duration when the vagina is clean from blood) is considered as a time when she is pure. Thus, her worship of prayer, tawaf and others performed during this time is considered valid. We have discussed this matter in-depth in Ahkam Syar’iyyah Series 171. [9]
May Allah SWT grant us all a clear understanding in this religion. Amin.
Wallahu a’lam.
[1] Surah al-Hajj: 29
[2] See Zubdah al-Tafasir min Fath al-Qadir by al-Asyqar, pg. 437
[3] See al-Fiqh al-Manhaji, 2/141.
[4] Narrated by al-Tirmizi (960)
[5] Narrated by al-Bukhari (294)
[6] See Fath al-Bari, 3/505.
[7] See Hasyiata Qalyubi wa ‘Amirah ‘ala Kanz al-Raghibin, 2/131.
[8] See Badai‘ al-Sanai‘, 2/129.
[9] See https://maktabahalbakri.com/171-blood-spots-after-umrah/
