Part 9

As for circumambulation, it is not to be performed except in the Sacred Mosque as it is restricted to a certain place

It is not like I’tikaf, for it is permissible for the person who secluded himself to get out of the mosque for necessities such as alleviating the call of nature and eating and drinking.

When he is out of the mosque, he is still in the state of seclusion, and it is not permissible for him to have intercourse with his wife as Allah said: “Do not associate with your wives while you are in retreat in the mosques.” The phrase “in the mosques” is related to the phrase “in retreat” and not the verb “associate”, because having intercourse with one’s wife is not permissible in the mosque whether for a person who secluded himself in or not. When such person is obliged to get out of the mosque for necessity, it is not permissible for him to have intercourse with his wife.

As long as this act resembles I tikaf, and it is permissible for a menstruating woman to get out for necessity, menstruation has not cut off her I tikaf. Allah mentioned the acts of I tikaf, circumambulation and prayer when He referred to cleaning and sanctifying His House as He said: “Sanctify My House for those who compass it round, or use it as a retreat, or bow, or prostrate themselves (therein in Prayer).”

Preventing menstruating women to enter the mosque is one of the signs of its purity and sanctity. Circumambulation is

just like I-tikaf not prayer, because prayer could be performed in any part of the earth and is not restricted to a certain mosque. During prayer, certain acts are prohibited while during circumambulation or I tikaf, they are not.

In fact, circumambulation is an act of devotion that is not related to Ihram. Therefore, obligatory circumambulation is only due after the first part of Hajj. The pilgrim is to circumambulate as Allah said: “Then let them complete the rites prescribed for them, perform their vows, and (again) circumambulate the Ancient House.” Pilgrims circumambulate after they have finished the first part of Hajj and nothing is prohibited for them except having intercourse with their wives.

If he does not perform an obligatory act during circumambulation, this is a point of discourse where scholars exert their efforts to reach a judgment.

Is it similar to the one who does not perform any of the rituals required in Hajj or “Umrah? Is this judgment applicable only in case of ignoring an independent ritual? Or ignoring it while he is able to do it? Or ignoring a ritual closely related to Hajj and ~ Umrah?

There are claims that when a women is unable to circumambulate because of menstruation, she should return home while she is still in her state of Ihram, treated just like those who are prevented from performing Hajj (Muhsar), Hajj is no longer obligatory on her, or the obligatory circumambulation is not due on her; all such claims do not conform with the fundamentals of Islamic legislation. I know none of the Imams who delivered such ruling as in this case.

As for the saying of some Imams that she should slaughter an animal or return home in her state of Ihram, this is a generalized saying only applicable on their age. In such age, a woman could stay in Mecca until menstruation is over and she can perform circumambulation accordingly.

The scholars of this age used to order those responsible to the Hajj journey to stay in Mecca until menstruati women are pure and they perform circumambulation.

Imam Malik and other scholars see that the person in charge of the Hajj journey should stay until menstruating women are pure and they perform circumambulation. Yet his. followers say that he is not entitled to stay at this age because of the delay and harm that afflict him.

Scholars’ stipulation that ritual purity is a condition for circumambulation should be interpreted that when a woman is able to circumambulate when she_ is ritually impure, and not when she is unable to do so. If some say that circumambulation is obligatory in both ritual purity and impurity, there is disagreement with such saying. Allah knows best. May Allah have peace on Prophet Muhammad.

Q: The Sheikh of Islam was asked about menstruation which happens to many women during Hajj and the various cases of

it. Some may menstruate at the very beginning of Hajj while others during the Tashriq days?

e The first case: A woman may menstruate at the beginning of the month, and she can _ not circumambulate except in this case of ritual impurity. When standing at ~Arafah, some yellowish and brownish materials get out of her vagina even after she has been pure. What is the legal judgment in this case?

e The second case: A woman usually menstruates from the fifth or the ninth till the seventeenth day of the month or even more. She stood at ~ Arafah, threw the pebbles, and performed the [fadah circumambulation while she is menstruating. Besides, she has not managed to perform ~ Umrah.

e The third case: A woman stood at ~ Arafah, threw the pebbles, and headed for the Ifadah circumambulation but she menstruated. She has not performed it and concealed the matter. She had the desire to perform ~Umrah but she

did not. She returned home without circumambulation, performing “Umrah, or slaughtering an animal (as a ransom).

A: A _ menstruating woman should perform all rituals except for circumambulation according to the traditions of the Prophet (peace be upon him) and the unanimous agreement of Muslim Imams. The Prophet (peace be upon him) said: “A menstruating woman should perform all rituals except for circumambulation.” When Asm‘a bint Abi Bakr gave birth to a baby at Dhi Al-Hulaifah, the Prophet ordered her to wash and enter into the state of Ihram.. When ~A’ishah menstruated at Saraf, he ordered her to wash and enter into the state of Ihram for Hajj, stand at ~Arafah, but she should not circumambulate around the Sacred House. ;

What if yellowish and brownish materials get out of her vagina? There are three opinions adopted by scholars in Ahmed’s juristic school and others.

The first opinion is that such yellowish and brownish materials are signs of menstruation. The second is that they are not. The third is the most proper one. If such materials get out along with the black and red blood, they are a sign of menstruation. Otherwise they are not,

because women used to send to ~ A’ishah a piece of cotton they have put in their vaginas in order to check whether they become pure or not. ~A’ishah used to reply: Do not haste until you see it white (without any other colored materials).

Thus before seeing it white, they used to consider all this period as the monthly period. Umm _ ~Atiyah also said: After purity from menstruation, we were not used to pay the least attention to yellowish and brownish materials getting out of the vagina.

According. to the unanimous agreement of Muslim scholars, ritual impurity is a condition — for circumambulation around the House. In case of other rituals, impurity is not a condition. As_ for circumambulation between Safa and Marwah, there is dispute among scholars about it but the majority of them believe that ritual purity is not one of its conditions. As for the rest of rituals, ritual purity is not a condition according to the unanimous agreement of Muslim scholars.

There is dispute among scholars regarding ritual purity. Is it a condition for proper circumambulation just as for prayer?

Or is it an obligatory act which, if ignored, one should slaughter an animal? In this last case, it is similar to the one who enters into the state of Ihram from a place other than the Migat or the one who did not throw the pebbles.

There are two famous points of view on this case as reported by Ahmed. The most famous one is also adopted by Malik and Shafi*i. It stipulates that ritual purity is a condition for circumambulation. If a person circumambulates in a state of ritual impurity or during menstruation whether he/she forgets or has not known so, but later knew, he should perform circumambulation again.

The second opinion is that ritual purity is obligatory and if one was impure, he should slaughter an animal. According to Abu Hanifah, the one ina state of major ritual impurity or a menstruating woman should slaughter a camel, while a person in a_ state of minor ritual impurity should slaughter a sheep.

As for Imam Ahmed, he did not define the type of animal to be slaughtered whether it is a camel or a sheep. He stated it clearly when he asked about a person in a state of major ritual impurity who circumambulated, and Imam Ahmed replied that he should slaughter an animal. Some of his followers apply these rulings when a person has an excuse such as forgetfulness, while others apply them as they are without making distinction whether a person is excused or not.

Scholars who stipulate —sritual) = impurity __ for circumambulation argue that it is just like prayer. AnNasa’i and others reported that Ibn ~ Abbas narrated that the Prophet (peace be upon him) said: “A naked person should not circumambulate around the Sacred House.” Allah also said: “Wear your beautiful apparel at every time and place of prayer.” This verse was revealed when the polytheists used to circumambulate around the Sacred House while they are naked except for a tribe called AlHums who used to wear their clothes during circumambulation.

Naked polytheists used to argue that they had disobeyed Allah in these clothes and hence they would pit them off during circumambulation. If they found clothes worn by Al-Hums tribe, they would wear them; otherwisde, they would circumambulate while they are naked. Once they circumambulate in Al-Hums clothes, they would throw them away.

These were innovations made by the polytheists during circumambulation and they also prohibited some kinds of foods when they are ina state of Ihram. Therefore Allah revealed this verse: “Wear your beautiful apparel at every time and place of prayer: eat and drink: but waste not be excess, for Allah loves not the wasters. Say: who has forbidden the beautiful (gifts) of Allah, which He has produced for his servants, and the things, clean and pure, (which He has provided) for sustenance?” He also said: “When they do aught that is