Part 6

phlebotomy has equally been debatable. According to one opinion, it is regarded as equivalent to having one's blood drawn and so does break one's fasting.

Concerning kohl, Ahmad and Malek believe that like perfume, it breaks one's fasting only if it reaches inside one's head, whereas Abu Haneifa and Ashafei' believe it does not.

A man who could not fast or pray right before his death.

Q: A man was incapacitated by illness during Ramadan and could not fast or pray, then died. His parents are still alive though. If they fast and pray for him, will they have performed the obligation for him? Does he have to explicitly request this in his will?

A: If the man took ill and could not perform the obligations, his parents only have to feed poor people in compensation. As for prayer, no one has to pray on behalf of another. However, if one of his parents voluntarily prays or fasts on behalf of their dead son, he is rewarded for it.

Refraining from going to extremes in worshipping Allah

Q: What about going to extremes in worshipping Allah?

A: A man heard the Prophet, peace be upon in, as saying, "David's prayer was the most pleasing to Allah, and David's fasting was the most pleasing to Allah; he used to sleep half of the night, pray its third and sleep its sixth and he used to fast every other day."

So he pledged to fast every other day and continued to do so for over a year. The man was married and had children, which required him to_ preserve his health and vitality. The man next grew keener on memorizing verses of the Quran, so he kept learning verses and repeating them every day.

He also got in the habit of praying a large portion of the night and grew more enthusiastic on worshipping Allah. As a result, the difficulty of fasting together with the difficulty of repeating and memorizing verses of the Quran coupled with the exhaustion entailed by devoted worshipping of Allah, though he was a young man with zest and vitality, all resulted in a state of distraction. severe headache and slow comprehension in the sense that he became unable to grasp the meaning of whatever he hears. This exhaustion could be seen in his sunken eyes.

Yet, his devotion in worshipping Allah brought some light into his life. |The man refused to quit fasting in order to honor the pledge he made to Allah and for fear that this

light in his life should fade away.

Whenever any of the well-versed men of religion tried to dissuade him from persisting in it, he would say, I want to kill myself for the sake of Allah. So does this fasting, given the state he is in, please Allah, exalted be He? Or is it not recommendable? Is the man entitled to make such a pledge and can he pay money in expiation for violating it? Should he not preserve his physical and mental health in order to be able to perform the obligations and support his children so as to please Allah? Would not his persistence in doing so incur Allah's wrath on the grounds that the man is wearing himself out by forcing himself to do what he does not have to do?

A woman going on a pilgrimage without an unmarriageable kin.

Q: Can a woman go on a pilgrimage unaccompanied by an unmarriageable kin?

A: If the woman is elderly, no longer menstruates, has given up all hope of getting married and has no unmarriageable kin, she can go on a_ pilgrimage in the company of someone she trusts, according to Malek, Ashafei' and one of the two opinions in Ahmad's school.

Can a woman go on a pilgrimage on behalf of another?

Q: Can a woman go on a pilgrimage on behalf of another?

A: Scholars unanimously agreed that a woman can perform a pilgrimage on behalf of another woman, be she her daughter or any other woman. Similarly, according to the four Imams and the majority of scholars, a woman can perform the pilgrimage on behalf of a man. The Prophet, peace be upon him, ordered a woman from Kath'am to perform the pilgrimage on behalf of her father, when she said, "“O Allah's Prophet, Allah has obligated pilgrimage on His servants when my father was an elderly man. So the Prophet, peace be upon him, ordered her to perform the pilgrimage on her father's behalf." | However, it would be more whole for a man to do it.

Can a woman who has already performed the pilgrimage go on a pilgrimage on behalf of a dead person and be paid for it?

Q: what about a woman who has already been on a pilgrimage and was asked to perform the pilgrimage on

behalf of a dead person in return for money. Would she be allowed to do so?

A: She is allowed to perform the pilgrimage for a dead person in return for money to be accepted with the intention of performing the obligation on his behalf, as unanimously agreed on. However, if the money is paid for hiring the woman, scholars were of two opinions:

The first: Ashafei’ maintained that she can take the money. That second: Abu Haneifa maintained that she cannot. If this woman who has already been on a pilgrimage intends to perform the obligation on behalf of the dead person, she would be rewarded for it. However, if she was solely after the money, she would be deprived of any reward.

Circumambulation of the Sacred House made by a menstruating woman

Q: What is the judgment of a woman who circumambulates the Sacred House in her menses?

A: According to one of the two opinions of the scholars who claim that purification is obligatory — for circumambulation, if a menstruating woman, or any one who is ritually impure due to seminal discharge, minor impurity i.e. not taking ablution, or because of carrying impurity in general, circumambulates the Sacred House, it will be sufficient for him/her and will be required to

Forbidding a menstruating woman to circumambulation may be accounted for the fact that circumambulation resembles Prayer, or because she is forbidden to enter the mosque in the case of circumambulation, exactly as in the case of observing I’tikaf [seclusion for a certain time in the mosque for devotion]. Allah the Almighty said to Prophet Abraham [Ibrahim] what means: “...and sanctify My House for those who compass it round, or stand up, or bow, or prostrate themselves (therein in prayer).”

As Allah ordered Prophet Abraham to purify the sanctify i.e. purify the Sacred House to accommodate the doers of the above-mentioned kinds of devotion, a menstruating woman is forbidden to enter it.

The scholars, however, agreed on the opinion that circumambulation cannot be treated like Prayer in terms of what is lawful and what is prohibited, and that circumambulation cannot be annulled by the same acts that nullify Prayer, such as eating, drinking, speaking what is alien to the words of Prayer, etc.

For those who hold that a menstruating woman is forbidden to circumambulate the Sacred House because she

is not permitted to enter it at the first place, not because that she is not permitted to make circumambulation itself, they claim that purity is not a condition for circumambulation, rather a menstruating woman can circumambulate the Sacred House in case of necessity, as she is permitted to enter the mosque in case of necessity.

Allah ordered Prophet Abraham to purify the Sacred House to accommodate those who circumambulate it, those who observe I’tikaf in it, and those who perform Prayer in it. According to the agreement of Muslim scholars, purity from minor impurity i.e. making ablution, is not a prerequisite for observing I’tikaf.

A woman who observes I’tikaf then has her menses during her stay in the mosque may continue her stay if she is driven by necessity. As for the phrase “...or bow, or prostrate themselves (therein in prayer),” it indicates that the observers of Prayer, for which purity is a prerequisite, according to the unanimous agreement of Muslim scholars. However, a menstruating woman is not required to perform Prayer, neither the Prayers in the time of her menstruation, nor the Prayers she had missed before she becomes menstruating.

Another question is raised with regard to one who circumambulates the Sacred Hose, shall he be treated like

one who observes I’tikaf or like one who performs Prayer in terms of the requirement of purity? This question

opened a large scale exercise of Jjtihad [exercise of discretionary opinion based on Qur’an and Sunnah]. As for the saying that “circumambulation of the Sacred House is like Prayer,” it is ascribed to Ibn ‘Abbas, not to the Prophet (peace be upon him). Some jurists reported [bn ‘Abbas as saying: If one circumambulates the Sacred House while being ritually impure due to seminal discharge, he will be required to offer a sacrifice.

No doubt what is meant here is that circumambulation resembles Prayer in some aspects, but not that it is a kind of Prayer, for which purity is a must. The same applies to the report: “If any of you attends the mosque, he should not interlock his hands, as he will be regarded in Prayer,” and the report: “A servant will be considered in a continuous Prayer, so long as he is bound by the manners of Prayer, waiting for the next Prayer, or heading for Prayer.”

Briefly put, according to the agreement of Muslim scholars, a woman should not circumambulate the Sacred House, unless she is ritually pure, as much as she can. If she reaches the Sacred House while being menstruating, she should not circumambulate it. But she can attend ‘Arafah and perform all rituals other than circumambulation. She should wait until she becomes ritually pure, then make circumambulation, if she can stay. If she is obliged to circumambulate the Sacred House in her menses, it will sufficient for her. This is the soundest of the two opinions ascribed to Muslim scholars.

Attending ‘Arafah by a menstruating woman

Q: What is the judgment of a menstruating woman who attends ‘Arafah?

A: A menstruating woman can attend ‘Arafah. One can attend ‘Arafah walking or riding. The best of these is determined according to the conditions of people. If riding is preferable to a man, so that the people, who are in need of him, may see him, or because walking is difficult for him, he may attend ‘Arafah while riding, as the Prophet (peace be upon him) once attended ‘Arafah while riding.

A weak woman who spends the night in Muzdalifah