Wednesday, September 18, 2013

Fathwa, - Hajj and Menstruation

Question:
1.If a woman and her husband are planning on making Hajj next year but
the woman is sure that she may get her period during the time of Hajj
what are the alternatives she can consider that wouldn't be haram? For
example is she allowed to take some medication that postpones her
menstrual cycle, or does she just attend Hajj hoping that she
calculated her cycle wrong?
Answer:
Walaikum assalam wa rahmatullah,
1. The problem that normally arises in Hajj with menstruation relates
to the Obligatory Tawaf (tawaf al-rukn/al-ziyara).
This is because this Obligatory Tawaf has four conditions:
1) Intention
It is sufficient to simply intend performing tawaf, though it is best
to specify the intention of the Obligatory Tawaf�this also avoids the
difference of opinion of the Hanbalis. [Kasani, Bada�i` al-Sana�i`,
2.128; Ibn Qudama, al-Mughni, 3.441]
2. To perform the Tawaf around the Kaaba from within the Masjid al-Haram.
3) That the Obligatory Tawaf occur after:
i) entering into a state of ihram;
ii) standing at `Arafa
4) That it be performed in its specified time.
� This time starts from Fajr time on the 10th day of Dhu�l Hijja (yawm al-nahr).
� It is not valid before this.
o It is best to perform it on the very first day (the 10th), after the
Throwing (ramy) and Trimming of one�s hair.
� There is no end time for this Obligatory Tawaf.
� However, it is necessary (wajib) to perform during the Days of
Slaughtering (10th to 12th of Dhu�l Hijja), if one has the capacity
and ability to do so.
o Delaying it beyond this without excuse (such as menstruation)
requires expiative slaughter, but it must still be performed in order
to fulfill the obligation and to fully leave one�s state of Ihram.
o The one who did not have the capacity or ability to perform the
Obligatory Tawaf within this necessary time is not sinful, but it
remains obligatory for them to perform it. [Marghinani, al-Hidaya,
2.180; Ibn Abidin, Radd al-Muhtar, 2.250]
One should plan one's Hajj in a way that does allows one to perform
this Obligatory Tawaf:
� Normally, this would entail performing it within its specified
necessary time (between the 10th and 12th of Dhu�l Hijja).
� When one is not able to do so, such as when menstruating, it is
obligatory to perform this tawaf after these days.
Thus, one should either:
a) Make travel arrangements such that one has enough time to be able
to perform the Obligatory Tawaf if one is menstruating during those
days; or
b) To take the medical means to delay one�s period�in order to fulfill
the obligation.
Such medical means are permitted, though normally better to avoid. See:
Would it be permissible to take birth control to stop her
menstruation in order to avoid menstruation during Hajj?
And Allah alone gives success.

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