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Rufai Oladimeji
Lagos State University
100Level, Nigeria.
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How does a female pilgrim who skips Tawaaf
Al-Ifaadhah due to menstruation make up for
the Tawaaf if she already left Makkah for her
home country with the Hajj group with which
she came before her menses stopped?

All perfect praise be to Allah, The Lord of the
Worlds. I testify that there is none worthy of
worship except Allah, and that Muhammad
is His Slave and Messenger.

Whoever wears Ihraam to perform the rituals
of Hajj (pilgrimage) or 'Umrah (small
pilgrimage) has to complete its rituals and it
is not permissible for him to come out of
the state of Ihraam except after having
completed the said ritual unless he is
prevented from completing it. Allah says
(which means): { And complete the Hajj and
'Umrah for Allah. But if you are prevented,
then [offer] what can be obtained with ease
of sacrificial animals. }[2:196]. Therefore, it
was an obligation on this sister to wait in
Makkah until she becomes pure and then
makes the Tawaaf Al-Ifaadhah
(circumambulation around the Ka'bah by the
pilgrims after they come from Mina on the
tenth of Thul-Hijjah this is a pillar of Hajj),
because being pure is a condition for the
validity of the circumambulation according
to the opinion of the majority of scholars
Tawaaf Al-Ifaadhah is one of the pillars of
Hajj without which Hajj is invalid. Whoever
forgets it is not obliged to offer a sacrifice,
but he is obliged to perform it whether he
forgot it or did not know the ruling about it.
If he had left Makkah, he has to return to it
for this purpose and he is still considered as
a Muhrim (i.e. the restrictions of Ihraam
apply to him) unless he performs the said
ritual. Therefore, this sister has to return to
Makkah and perform this ritual which is a
pillar of Hajj and the restrictions of Ihraam
apply to her if she had come to the end of
the first stage of the state of Ihraam (all
restrictions are lifted except having sexual
relation with ones spouse), having thrown
the Jimaar (pebbles) and cut her hair. The
same thing applies to Sa'i and the questioner
did not mention whether or not she had
performed it. So if she had not performed it,
she has to make Sa'i after Tawaaf and she
will not come-out from the second stage of
the state of Ihraam except by the two said
matters (by performing Tawaaf and Sa'i).

As regards the prohibitions that she had
violated during this period (i.e. restrictions
of Ihraam), if any, if this had taken place
after the end of the first stage of the state of
Ihraam, then there is no harm in this, but
prohibitions had taken place before the end
of the first stage of the state of Ihraam, and
she had worn for instance stitched clothes or
perfume, then there is no harm if she did
not know the ruling. However, if she cut her
hair or nails, then she has to offer a ransom
for every prohibition she violates: to fast (for
3 days), give a charity (feed six poor people)
or sacrifice (slaughter a sheep). If sexual
intercourse had taken place, she is forgiven
because of her not knowing the ruling,
according to the Shaafi'ee school and one of
the narration reported by Ahmad, and
Shaykh Al-Islam Ibn Taymiyyah,
considered this opinion as the most
preponderant one. Imaam An-Nawawi
said in Rawdhat Al-Taalib : 'If the pilgrim has
sexual intercourse because of not knowing
the ruling, or out of forgetfulness or because
of being insane or forced, then this does not
invalidate his Hajj and he does not have to
offer a sacrifice. '

Allah knows best.


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