Part 8

Abdullah said in his Manasik: 1 asked Shu’bah bin Hammad and Mansur about circumambulating the Sacred House without making ablution. They saw no harm in that. Abdullah said: I asked my father about that and he said: I prefer making ablution before circumambulation, since circumambulation is like Prayer.

There are two narrations after Imam Ahmad regarding the purification: whether it is a prerequisite of circumambulation or not. He also had to narrations regarding the necessity of purification during circumambulation.

Some Hanafi scholars maintained that purification is not obligatory before circumambulation, rather a supererogatory act. Neglecting purification, however, entails offering a sacrifice.

Those who argued that a person who has not made ablution can make circumambulation, may justify the forbiddance from circumambulation by maintaining the sanctity of the mosque, not because of circumambulation itself. During circumambulation it is permitted to talk, eat and drink, which is not the case with Prayer. The key of Prayer is purification, its sanctity begins soon after pronouncing the commencement takbir and ends with the pronouncement of taslim [saying As-salamu ‘Alaikum wa rahmatul-lah (peace be upon you and Allah’s Mercy and Blessings)]. Circumambulation does not resemble Prayer in the above-mentioned aspects.

It was said that people were forbidden to circumambulate the Sacred House while being nude, because of maintaining the sanctity of the mosque on one hand, and to avoid the sight of people on the other.

The proponents of this opinion said that the place of circumambulation is considered the most honorable places of Prayer, which cannot be void of pilgrims. Allah the Almighty said: “...Wear your beautiful apparel at every time and place of Prayer...” (7:31)

Thus a beautiful apparel should be worn when entering places of Prayer i.e. mosques. This is not the case with

Prayer itself, as a worshipper should cover his body for the purpose of Prayer, which may be performed at any place. If one performs Prayer individually in a dark house, he will be required to cover himself for the purpose of Prayer. As for circumambulation, it cannot be made unless in the Sacred House. I’tikaf also can be made in any mosque, but cannot be made elsewhere.

Based on the above, a menstruating woman and a person who is ritually impure due to seminal discharge are not prohibited to circumambulate the Sacred House, as it is not prohibited to make circumambulation without performing ablution, for they both are not prohibited to enter the mosque. If both are driven by a necessity to enter the mosque, they will be entitled to that right more than one who makes circumambulation without ablution, despite having no excuse to do that.

Consider the case of one who has not performed ablution, who is forbidden to perform Prayer or touch the Holy Qur’an, despite his ability to make purification. Consider also that these acts are permissible to a person who is ritually impure due to seminal discharge. If he cannot make ablution, he may perform Prayer without neither washing nor Tayammum, according to one of the two opinions made by scholars on that question. This is the famous opinion of the schools of Imam Al-Shafi’i and Imam Ahmad.

It was also reported that some of the Companions performed Prayer while being ritually impure due to

seminal discharge, before the Qur’anic verse regarding Tayammum was revealed.

Forbidding a menstruating woman to observe Fasting in Ramadan

A menstruating woman is not required to fast during her menses. She may instead make up for the days she did not fast in a month other than Ramadan. A traveler and a sick person who, though are able to fast, are given concession to make up for missed days in a month other than Ramadan. A menstruating woman, thus, who is originally forbidden to observe Fasting is more entitled to abide by the forbiddance. She is required to make up for the missed days of Fasting for one month only. If she suffers Istihadah [continual vaginal bleeding,] she is permitted to observe Fasting.

Forbidding a menstruating woman to perform Prayer

Prayer is a recurrent obligation repeated five times daily. Menstruation hinders from performing Prayer. If it is argued that a menstruating woman may perform Prayer in case of necessity, thus menstruation will not be regarded as a hindrance of Prayer in all cases, it will be deduced that Fasting and circumambulation have sanctity more than Prayer, which is not correct, since Prayer is so sacred that it cannot be performed by a menstruating woman. The Prayer performed while woman is ritually pure is, thus,

regarded a compensation of the Prayer missed while she was ritually impure.

It is argued that if circumambulation if permitted during menstruation, both Prayer and Fasting will also be permitted during menstruation, which can never occur. Refutation:

Fasting during menstruation is ultimately unnecessary, since the obligation of Fasting is limited to one month only, which can be made up for in any month, should one cannot observe Fasting in Ramadan. Since obligatory Fasting is prohibited during menstruation, supererogatory Fasting will be even prohibited. A menstruating woman has a good chance to make up for the missed days of Fasting whenever she becomes ritually pure, exactly as one who is forbidden to perform supererogatory Prayer in certain times, is also permitted to offer it in other certain times. Thus, such fasting cannot be permitted, as there is no compelling circumstances to observe it.

Supererogatory Prayer is not permitted at times when performing Prayer is disapproved, unless it is a causal Prayer i.e. that is performed for a certain need. The preferable opinion is that a causal Prayer is permitted at times of the disapproval of performing Prayer, since if it is delayed until the time of disapproval passes, it may miss its purpose.

For this reason, a woman who suffers from J/stihadah {continual vaginal bleeding] is permitted to perform Prayer

and observe Fasting, since she has a continuing excuse.

If Prayer is permitted during menstruation, it will not be a hindrance from Prayer in all cases, since menstruation is concurrent with all women. The Prophet (peace be upon him) said to ‘A’ishah concerning menstruation: “Allah has prescribed it on the daughters of Adam.” i.e. all females. If the Prophet permitted women to perform Prayer during menstruation, it will be equally permissible to perform it during menstruation and after purification.

Furthermore, if all acts of devotion are permitted during menstruation, it will not be a hindrance any more, though the ritual impurity due to seminal discharge and minor impurity, i.e. the state of being without ablution, are considered a hindrance, which entails a _ great contradiction. If all acts of devotion become prohibited during menstruation, except for Prayer, it will be an even greater contradiction.

Thus a menstruating woman_ is not permitted to perform Prayer, as she can do that after she becomes ritually pure, which is her predominant condition. She is permitted, however, to pronounce Talbyah, remembrance of Allah and supplication as much as she wishes.

A menstruating woman is ordered to wash herself, since the Prophet (peace be upon him) ordered Asma’ to take a ritual bath upon making Ihram, when the former suffered puerperal bleeding following the birth of Muhammad bin Abu Bakr. He (peace be upon him) also ordered all women

o follow suit. He further ordered ‘A’ishah, when she menstruated to take a bath and make Ihram for pilgrimage.

He (peace be upon him) also permitted menstruating women to pronounce Talbyah, attend ‘Arafah, supplicate Allah and remember Him without a need to take a ritual bath or perform ablution. Contrary to persons who are ritually impure due to seminal discharge, all these acts will not be disapproved on their part of menstruating women. This is because they are in need to do that, and ritual bathing or ablution cannot remove their continuous ritual impurity. But this is not the case concerning the ritual bathing made before [hram, for it is made for the sake of cleanliness, such as the bathing on Friday.

A question is raised here: Can Tayammum be a compensation of such kinds of bathing, as well as the washing of a deceased when water is lacking?

There are two opinions, one is for and the other is against. The previously mentioned bathing i.e. which woman do even she is menstruating or confined, is not like ritual bathing made after ritual impurity due to seminal discharge, nor like ablution made to be out of the state of minor impurity. However, a menstruating woman is not required to take a_ bath upon her arrival to Mecca and at the occasion of attending ‘Arafah.

As a menstruating woman is forbidden to perform Prayer, but not forbidden to say remembrance of Allah without disapproval, the difference becomes clear between when in

needed and what is not needed.

A ritually impure person due to seminal discharge and onc who is not taking ablution are permitted to say all kinds of remembrance of Allah, thus there is no restriction is this. Refutation:

A ritually impure person due to seminal discharge is forbidden to recite the Holy Qur’an. It is disapproved for him to make Adhan [call for Prayer,] deliver a sermon or to sleep without performing ablution. It is also disapproved for him to perform the rituals without purification, despite his ability to make purification.

It is also recommended to one who is not taking ablution to make purification before the remembrance of Allah. The Prophet (peace be upon him) said: “I did not like to remember Allah without being ritually pure.” A menstruating woman, however, is not recommended to do any of these things. At the same time, the remembrance she makes without purification, is not disapproved, due to the uninterrupted reports in the Prophetic Sunnah which supported that.

Recitation of the Holy Qur’an by a menstruating woman

Scholars disputed over this question. There is no proot from the Sunnah that forbids a menstruating woman 1:

recite the Holy Qur’an. As for the hadith: “Neither a menstruating woman, nor that who becomes ritually impure due to seminal discharge is permitted to recite any portion from the Holy Qur’an,” this narration is judged as weak by the scholars of hadith studies. It is not traced back to the Prophet (peace be upon him)

If recitation of the Holy Qur’an is prohibited to menstruating women, the Prophet (peace be upon him) would have prohibited women in his time and the judgment would have been conveyed to the Muslim community through the Mothers of Believers i.e. the Prophet’s wives.

Menstruation and I tikaf (Seclusion in a Mosque for worship)

This also indicates that prohibiting a menstruating woman to circumambulate is just like prohibiting her to seclude in the mosque because of its sacredness. Otherwise, menstruation does not invalidate her seclusion, because it is out of her hand. The mosque is prohibited for her and not seclusion, because she is not obliged to stay in the mosque. If it had been permissible for her in spite of continuous menstruation, the mosque would have been permissible for the menstruating women.