Part 12

required more in prayer than in circumambulation and that it is like veiling one’s ~aurah and avoiding impurities. Veiling ~aurah is required more in circumambulation than in prayer, because it is obligatory during and after circumambulation because doing it while one is naked is an act of the polytheists which the Prophet (peace be upon him) generally prohibited. It is permissible for a postmenstruating woman to circumambulate and pray according to the unanimous agreement of Muslims. Her impurity is similar to others but she has an excuse.

As long as the conditions for prayer are not to be fulfilled once a person is unable to do them, the same thing applies more to circumambulation. In case of necessities, a person may pray when he is naked or in a state of minor and major ritual impurity. He may perform tayammum (dry ablution) and pray even if he had been in a state of major ritual impurity.

If he is unable to perform ablution or tayammun, it is permissible for him to pray without each according to the agreement of the majority of Muslim scholars. But a menstruating woman is not to pray, because prayer is not obligatory on her. Prayer is repeated every and each day, and her prayer during such days stands for prayer during menstruation. Therefore, she is enjoined to re-fast and not to re-perform the prayers she missed during menstruation. Fasting is observed in just one month throughout the year.

If she is not able to fast during Ramadan while she is in a state of ritual purity, she should fast in any other month. She is not to do the same, but fasting is moved to another

month. If she is unable to fast continuously because of old age or severe illness, she is not required to fast. Yet she should compensate for it by feeding a needy on each day according to the majority of Muslim scholars such as Shafi-I, Abu Hanifah and Ahmed. According to Malik, she is not to feed anyone.

As for prayer, it is impossible for anyone not to perform any of its acts. He should do what he can. If he is unable to perform all actions made by the head and the body, he is not required to do them according to Abu Hanifah, Ahmed in a narration and Malik in one of the narrations. The other opinion is that he should nod with his eyes and have in mind the actions performed during prayer. This is the opinion of Shafi*! and Ahmed in another narration. The first opinion is rather closely related to divine texts and intellectual meditation.

As for Hajj, she can only perform it according to the mentioned procedure. If she can do just this, that is what she can do. This is similar if one can not circumambulate except when riding or when he is in a state of major ritual impurity.

Here, two questions may arise:

First: Would you consider the menstruating woman just like those unable to enter Mecca? If she wants to perform Hajj and has the ability to circumambulate, it is OK. If she can not, she could authorize a person to do it on behalf of her.

Second: If the Legislator has not made it legal for her to pray during menstruation, while a person in a state of major ritual impurity or a post-menstruating may perform dry ablution, it is clear that no act of worship is to be performed during menstruation.

As for the first question, once she managed to enter Mecca but she can not perform some obligatory acts, Hajj is still obligatory on her according to the unanimous agreement of Muslim scholars. The same case is applicable when one enters Mecca but is unable to avoid impurities. He must perform Hajj, but he is not entitled to stick to complete ritual purity. It is also applicable when one can not circumambulate except while riding or when he is carried or when he is unable to throw the pebbles. In such case, he may authorize a person to perform such acts on behalf of him.

The prayer of a menstruating woman

A menstruating women does not to pray, because her former prayers may compensate for those required during the monthly period. If she becomes pure but still some blood gets out of her vagina, she should pray, even if such blood may cause impurity and hence invalidated her prayer.

Yet, she is to be excused because of such blood. Allah distinguished between those who excuse and those who

have not. Therefore, if blood ceased and she can perform ablution and prayer, she must do so. Prayer is permissible even though blood may get out after the monthly period out of necessity.

Some may argue that prayer should not be performed by such woman or by a person in state of major ritual impurity (in case he has not found water to wash) just like a woman in her monthly period. As long as Allah ordered post-menstruating women to pray, one comes to know that menstruation does not conform with prayer at all. It does not conform with circumambulation which resembles prayer.

In reply to this, one would say that a person in a major ritual impurity is just like a menstruating woman whose blood ceased and he can perform dry ablution (because no water is available). As for a post-menstruating woman, if she is not to pray during such the post-menstruation period, this means that she should not pray forever because her excuse happens very often.

Therefore, obligatory ritual purity is not fully required on her part. This indicates that if one can not performa certain act of worship except by committing a prohibited action, it is rather better to perform it not to ignore it. The fundamentals of religion conform with this opinion. When a person in a major ritual impurity finds neither water nor dust for ablution, he should pray as well according to the majority of Muslim scholars because he is unable to perform ablution.

On the other side, menstruation fully contradicts with prayer. As for Hajj and circumambulation, one is required to perform it once during his lifetime, and it is not repeated many times just like prayer. If Hajj is not valid when one is excused in not doing a certain act, this means that Hajj will never be valid. The fundamentals of religion indicate that if one can not perform a certain act of worship because of an excuse, it is rather better to perform it not to ignore it.

It has been proven that during prayer, a menstruating woman has no excuse because prayer is an oft-repeated act of worship. In case of circumambulation, if she can not perform it except when she is menstruating, it is permissible because she is unable to perform it except in this way.

Third: One may say that this is a type of ritual purity which is not obligatory once a person is unable to perform just like the other types of ritual purities. If she had been post-menstruating and can not circumambulate except in such case, it is permissible for her according to the unanimous agreement of Muslim scholars. Whether ablution is obligatory or not in this case, this is a controversial point among scholars. She can even pray in this state although there may be some impurities. The same thing applies to a person in a minor or major ritual impurity who can find neither water nor dust. In this case, he can pray and circumambulate according to the most proper opinion of Muslim scholars.

Fourth: This is one of the conditions of circumambulation which is not due because of the inability to do it just like any other conditions. If he can not circumambulate except when he is naked, circumambulation while naked is much easier than prayer in the very same state according to the unanimous agreement of Muslim scholars. Therefore, if one can not circumambulate except when he is naked, it is permissible.

Scholars did not discuss this matter because it is very rare. It is almost impossible not to find clothes in Mecca. Yet, suppose that one’s clothes are stolen and his company are leaving while he can not lag behind them, he should do what he can in this case i.e. to cireumambulate while he is naked, In this case, he resembles a post-menstruating woman and the person who passes urine unintentionally because of an illness, although the prohibition to circumambulate when one is naked is known more to people than circumambulation during menstruation.

What I have previously mentioned conforms with the generalized divine texts which handle this affair. It also conform with analogy to these fundamentals. The person who objects to my judgment may do so because he has not found any previous statement about this matter recorded by the followed Imams just like they have not discussed the possibility of circumambulation when one is naked because

it never occurred during their times. Hence, they were not required to deliver a ruling on a matter which did not come in their mind. Their speech on this matter is very generalized because it was very rare or even non-existent. Their followers only mentioned such speech.

Therefore, Imam Malik made it obligatory on the person in chavge of the Hajj journey to stay in Mecca until she is pure and circumambulates provided that the roads are safe and secure and no harm will afflict him if he did so.

During the era of the Companions, the person in charge of the Hajj journey used to stay in Mecca until menstruating women are pure and they circumambulated around the House. The late Maliki jurists believed that the Farewell circumambulation is not obligatory on the person in charge of the Hajj journey. Likewise, spending the night at Muzdalifah is not obligatory on those responsible for taking care of the pilgrims and providing them with water because they are unable to do it.

On the same footing, a menstruating woman is unable to circumambulate and hence its company used to stay in Mecca until she is pure. Scholars who believe that ritual purity is obligatory and not a _ condition for circumambulation should also say that in this case, ritual purity is not obligatory because of the inability to perform it. They say that when a person circumambulates while he is in a state of minor or major ritual impurity and he left Mecca, he should not return to circumambulate again

because of the resultant hardships shouldered on him. How comes that ritual purity is obligatory on this woman although the hardships she will face are much more difficult?

Yet, some scholars say that this woman should slaughter an animal because she is not ritually pure during circumambulation. In this case, it is rather better to say that she should not slaughter an animal, because if one did not perform an obligatory act without the least negligence on his part, he is not be blamed. If he did not perform it out of forgetfulness or ignorance, this is another issue. It may be argued that she should slaughter an animal because such case is very rare.