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A woman did Hajj a few years ago. She entered Ihram from the Miqat and did Tawaf and Sa`i whilst she was menstruating (I do not know whether she did that out of ignorance). I hope that you can advise us whatever the case. Then she did `Umrah after that several times. What is the ruling?
Praise be to Allah.
It is not essential to be free of menses in order to enter Ihram and do Sa`i , but the menstruating woman is not allowed to do Tawaf around the House until she is pure.
Based on this, a woman who wants to do Hajj or `Umrah should enter Ihram from the Miqat even if she is menstruating, and she should form the intention of entering Ihram.
The evidence for that is the fact that Asma’ bint `Umays, the wife of Abu Bakr (may Allah be pleased with him) gave birth, when the Prophet (peace and blessings of Allah be upon him) was camped at Dhul-Hulayfah (which is the Miqat for the people of Madinah), on his way to do Hajj. She sent word to the Prophet (peace and blessings of Allah be upon him) asking him what she should do. He said: “Do Ghusl and tie a piece of cloth around yourself and enter Ihram.”
What is meant by tying a piece of cloth is placing a piece of cloth over the vagina and tying it in place, then entering Ihram whether for Hajj or `Umrah. The blood of menstruation is like the blood of childbirth, so when the menstruating woman reaches the Miqat, she should do Ghusl and tie a piece of cloth around herself, and enter Ihram, in accordance with this Hadith.
Similarly Sa`i between As-Safa and Al-Marwah done by a menstruating woman is valid, but her Tawaf is not valid .
The evidence for that is that the Prophet (peace and blessings of Allah be upon him) said to `Aishah (may Allah be pleased with her), when she menstruated during `Umrah: “Do everything that the pilgrims do, but do not circumambulate the House until you become pure .” (Narrated by Al-Bukhari, 1650 and Muslim, 1211)
Based on this, then this woman did not go through the second stage of exiting Ihram for Hajj , so she has to repeat the Tawaf, and her husband should not have intercourse with her, if she is married, until she has done Tawaf.
This is the ruling on this issue, whether she did that knowingly or unknowingly. But if she did that knowingly then she sinned by doing this prohibited action with no excuse. But if she was unaware, then there is no sin on her. But she has to do this Tawaf and she has not gone through the second stage of exiting Ihram until she does it, as stated above. The fact that she did `Umrah several times after that does not relieve her of the obligation to do this Tawaf.
The Standing Committee was asked about the Hajj of a menstruating woman. They said:
“A menstruating woman is not prevented from doing Hajj. The one who enters Ihram when she is menstruating may do all the actions of Hajj, but she should not circumambulate the House until her period ends and she does Ghusl. The same applies to a woman who is bleeding following childbirth. If she does all the essential parts of Hajj then her Hajj is valid.” (Fatawa Al-Lajnah Ad-Da’imah, 11/172)
Shaykh Muhammad ibn Salih ibn `Uthaymin (may Allah have mercy on him) was asked about a woman who entered the Haram and did Tawaf and prayed when she was menstruating.
He said:
“It is not permissible for a woman who is menstruating or bleeding following childbirth to pray, whether in Makkah or in her own country or anywhere else, because the Prophet (peace and blessings of Allah be upon him) said: “Is it not the case that when she is menstruating she does not pray or fast?”
Moreover the Muslims unanimously agree that it is not permissible for a menstruating woman to fast or to pray. This woman who did that has to repent to Allah and seek forgiveness for what she did.
As for her Tawaf when she was menstruating, it is not valid, but her Sa`i is valid, because the correct view is that it is permissible to do Sa`i before Tawaf during Hajj. Based on this, she has to repeat the Tawaf, because Tawaf Al-Ifadah is one of the essential parts of Hajj, and the second stage of exiting Ihram cannot be completed without it. Based on that, her husband should not have intercourse with her, if she is married, until she does Tawaf. If she is not married then she cannot get married until she has done this Tawaf.” (Majmu`at Fatawa Ash-Shaykh Muhammad Salih ibn `Uthaymin, 22/382)
And Allah knows best.