Part 11

him if he has sufficient money according to Shafi*! and Ahmed.

According to Imam Malik, physical ability makes Haj obligatory on a Muslim. According to Abu Hanifah, both physical and financial abilities are required for Hajj. Ahmed shares this point of view. None of the Muslim Imams ever said that a very sick person is allowed to perform Hajj or ~Umrah. How comes that he keeps the state of Ihram until he dies and_ is entitled to complete Hajj?

Second: Such woman may return home and then travel to Mecca once again but she may be exposed to the very same conditions of the first journey. She can not return home except with her company and she may menstruate during her stay at Mecca.

Third: This means that such woman will travel twice for Hajj without doing anything illegal. This ruling is not in conformity with the fundamentals of religion. Allah made Hajj obligatory on people just once during their lifetime. A person may perform Hajj again because he committed an illegal act that invalidated his Ihram.

Yet, such person does so because he did not conform with the regular procedures of Hajj such as not standing at ~Arafah. He may have no idea about the road, or followed another which is not tracked by most people, and hence he did not perform Hajj and he should perform it again. A menstruating woman has not made anything in

disconformity with the rules of Hajj. Therefore, the Prophet (peace be upon him) allowed her not to perform the Farewell and Arrival circumambulation as in the traditions narrated by ~ A’ishah and Safiah.

As for the second option that she should put an end to the state of Ihram just like the people prevented from completing Hajj or ~Umrah, this is a more proper argument as said by some scholars. Her fear to stay in Mecca until she circumambulates is similar to her fear of an enemy who prevents her from circumambulation. A Muslim is never enjoined to perform Hajj while there are conditions that may prevent him from doing it. If a person believes that if he intends to perform Hajj, but he will be prevented from completing it, Hajj is not obligatory on him at all. Safe roads to Mecca and enough time to travel are obligatory conditions according to the unanimous agreement of Muslims.

There is dispute whether these conditions necessitate Hajj i.e. when a man has enough money and_ the means of transport but he fears that the way to Mecca may not be safe or there is not enough time to go there, is Hajj obligatory on him? Can anyone perform Hajj on behalf of him after he dies? Or is it not obligatory on him at all? There are two opinions in this regard.

If a scholar says that such woman is prevented trom completing Hajj and hence she can end the state of Ihram, he is entitled to adopt the first option that Hajj is not obligatory or even desirable for women. According to such

argument, Hajj is not legal for most women during these times because they are not able to perform some obligatory acts during circumambulation.

It is well know that this later opinion does not conform with the fundamentals of religion. When one is unable to perform some of the obligatory or desirable acts of worship, he should perform the acts he is able to do. The Prophet (peace be upon him) said: “If I commanded you to do something, do whatever you can (of it).” Allah also said: “So fear Allah as much as you can.”

It is also well known that prayer and other acts of worship greater than circumambulation are obligatory even if one can not perform some of its conditions and prerequisites. How comes that Hajj is not obligatory once a person is unable to perform some of its conditions and prerequisites?

It is more suitable to say that it is permissible for her to perform the Ifadah circumambulation before standing at ~Arafah. In this case, it is permissible for her to

circumambulate before or after standing at ~ Arafah. Yet, none of the Muslim Imams has permitted such act. There is an exception reported by the people of Basra who narrated that Imam Malik sees that it is permissible to circumambulate before standing at ~Arafah if one has done so forgetfully or out of ignorance and later returned home. In this case, he is not entitled to perform the Ifadah circumambulation,

Therefore, it may be said that the same case is permissible for a menstruating woman if she has not managed to circumambulate before standing at ~Arafah. Yet, | know none of the Imams who professed such opinion.

As for the case reported by Malik, one may say that when a person forgets to circumambulate or even does not know that it is obligatory, his return to perform Hajj against is a great burden. Therefore, the order is not required for such excuse. The same thing is applicable as far as ritual purity is concerned according to Ahmed’s juristic school. Ifa person circumambulated while he is in a state of ritual impurity, but he forgot so, he has an excuse and therefore, he may slaughter an animal.

If he managed to perform most obligatory acts, how comes that Hajj is not due while he has not done just some acts? It should be known that a menstruating woman’ circumambulation is permissible and she should slaughte: an animal.

As for performing the obligatory circumambulation first before standing at ~Arafah, it is not permissible at all. If one forgets, the order of performing acts of worship is not necessary according to the unanimous agreement of Muslim scholars. Yet, if one is unable, the order is necessary as in the prerequisites of prayer. The same thing applies when one has no enough time to perform such acts according to the agreement of the majority of Muslim scholars.

If a post-menstruating woman has the ability to circumambulate before standing at ~Arafah when she is ritually pure, and after standing at ~ Arafah but when she ritually impure, she should not circumambulate except after standing at ~Arafah. From this very perspective, it is not allowed for a woman to fast before the advent of Ramadan because she menstruates at Ramadan. Yet, she fasts once its time is obligatory.

According to the unanimous agreement of Muslim scholars, if there is contradiction between the time of a certain act of worship and some of its conditions and prerequisites, ignoring some of the latter is more acceptable. If a person has the ability to pray before time is due with complete ritual purity and to avoid all sorts of impurities, while he can not do the same when its time is due, it is not permissible for him to perform it before its due time according to the Qur’an, Sunnah and the unanimous agreement of Muslim scholars. He should perform it at its due time.

Similarly acts of worship are not to be delayed after their

time is due. Instead, they should be done on time as far as possible. Yet, if one has an excuse, it is permissible for him to perform tow prayers together. There are tow appointed times for prayer; one for ordinary people and the other is for those who have an excuse. When a person performs two prayers together at the same time, he performed them at their due legal time. He has not missed any of them neither he did any before its time is due according to the unanimous agreement of Muslim scholars.

The same rule is applicable to standing at ~ Arafah. If one stood before or after its time is due, it is not permissible according to the unanimous agreement of Muslim scholars. Ifadah circumambulation is to be done after standing at ~Arafah on the Day of Slaughter and the following days. Is it permissible to circumambulate after midnight on the night of Slaughter? This is a controversial point among scholars.

Once these four cases are invalid, there remains the fifth:

She should do what she can and let aside what she can not. This opinion is supported by the divine texts which handle this matter and it is not contradictory with any of the fundamentals of religion.

Divine texts indicate that ritual purity is obligatory as the Prophet (peace be upon him) said: “A menstruating woman is to perform all rituals except for circumambulating around the Sacred House.” This indicates that the command here is obligatory as he said: “When any of you passes urine, feces or the like, he should not perform prayers unless he performed ablution.”

He also said: “Allah will not accept your prayer unless you performed ablution.” He also said: “Allah will not accept the prayer of a major woman unless she wore a veil.” He also advised a woman saying: “Clean it (your dress) well, wash it and then pray while wearing it.” He also said: “A naked person should not circumambulate around the Sacred House.” All these are obligatory on the condition that one is able to perform them as Allah said: “So fear Allah as much as you can.” The Prophet (peace be upon him) also said: “If I commanded you to do something, do whatever you can (of it).”

Now it turns out that she can not stay at Mecca while she is unable because she harbors fears for herself, her religion and money. She is not to be ordered to continue in her state of Ihram, return home and travel to Mecca again although she does not have the ability to do so and the same thing may happen again without the least sin on her part. Putting an end to the state of Ihram is not permissible and the obligatory act of circumambulation is still to be done. Circumambulation is almost similar to prayer.

There is no proof that circumambulation is not accepted if performed by a person ina state of major ritual impurity. Yet, there are proofs that ritual purity is obligatory.

Hence, there is disagreement among scholars whether ritual purity is a condition or just an obligatory act. Such disagreement did not occur as far as prayer is concerned.

The second proof is that ritual purity is a condition for circumambulation. It is well known that ritual purity is