What do the scholars of the Dīn and muftīs of the Sacred Law state regarding the following issue, which is very important: If a woman starts bleeding due to menstruation during the days of Hajj, so how would she perform the Fard Tawāf. Would she have to wait until the menstrual cycle is over or can she merely perform Tawāf as so. If the ticket, etc has already been booked and she cannot wait until the period stops, so what should she do in this case. Can she leave without having done Tawāf?
Questioner: A sister from UK
بسم اللہ الرحمن الرحیم
الجواب بعون الملک الوھاب اللھم ھدایۃ الحق والصواب
If a woman starts bleeding due to menses before Tawāf al-Ziyārah, which is a Fard Tawāf, then she should wait until the menstrual cycle finishes. If it finishes before the sun sets on the 12th of Dhū al-Hijjah and such a woman, after having performed Ghusl, has also done Tawāf before the sunset of the 12th, then in this case the Fard has been fulfilled.
If her menstrual cycle is still continuous after the sunset of the 12th, then she should wait; when the bleeding stops, she is to perform Tawāf al-Ziyārah.
If, due to the ticket having been booked, the woman is not able to perform Tawāf al-Ziyārah before or after the 12th of Dhū al-Hijjah, then without Tawāf al-Ziyārah the Hajj will not even be fulfilled, thus she should cancel her ticket, perform Tawāf and then go back. However, if she or the group faces severe difficulty in the case of having her ticket cancelled, then in the case of this compulsion, she should perform Tawāf in such said state, however doing so will necessitate Badanah, meaning the sacrificing of a cow or camel, and repenting will also be necessary because whilst being in the state of menses, to perform Tawāf and enter the Masjid are both sinful acts, and repeating the Tawāf will also be wājib. If she has repeated it, having performed ghusl, before the sunset of the 12th, then the full Kaffārah [expiation] is excused. However, if she does so after the sunset of the 12th, then the Badanah (sacrificing a cow or camel) is excused but Dam (sacrificing a goat) is wājib.
Just as it is stated in Fatāwā Hindiyyah,
“وَلَوْ طَافَ طَوَافَ الزِّيَارَةِ مُحْدِثًا فَعَلَيْهِ شَاةٌ، وَإِنْ كَانَ جُنُبًا فَعَلَيْهِ بَدَنَةٌ وَكَذَا لَوْ طَافَ أَكْثَرَهُ جُنُبًا أَوْ مُحْدِثًا وَالْأَفْضَلُ أَنْ يُعِيدَ الطَّوَافَ مَا دَامَ بِمَكَّةَ وَلَا ذَبْحَ عَلَيْهِ وَالْأَصَحُّ أَنْ يُعِيدَ فِي الْحَدَثِ نَدْبًا وَفِي الْجَنَابَةِ وُجُوبًا ثُمَّ إنْ أَعَادَهُ وَقَدْ طَافَ مُحْدِثًا لَا دَمَ عَلَيْهِ، وَإِنْ أَعَادَهُ بَعْدَ أَيَّامِ النَّحْرِ، وَإِنْ أَعَادَهُ وَقَدْ طَافَ جُنُبًا فِي أَيَّامِ النَّحْرِ لَا شَيْءَ عَلَيْهِ، وَإِنْ أَعَادَهُ بَعْدَ أَيَّامِ النَّحْرِ يَجِبُ الدَّمُ عِنْدَ أَبِي حَنِيفَةَ رَحِمَهُ اللَّهُ تَعَالَى بِالتَّأْخِيرِ كَذَا فِي الْكَافِي وَتَسْقُطُ عَنْهُ الْبَدَنَةُ“
[al-Fatāwā al-Hindiyyah, vol 1, ch 8, part 5, pg 245]
Furthermore, it is stated in Bahār-e-Sharī’at that if the full or majority, meaning 4 rounds, of the Tawāf Fard, was performed in the state of major ritual impurity, or bleeding due to menses or childbirth, then there is Badanah. If one did so without Wudhū, then Dam, and in the first case, if one did so after purification, then to repeat it is wājib. If one has gone from Makkah, then one should return and repeat it, even if one has gone past Mīqāt. However, if one has repeated before the 12th of the month is complete, then the [full] penalty is waived, and if done after the 12th, then Dam is necessary but Badanah waived.
واللہ تعالی اعلم ورسولہ اعلم صلی اللہ علیہ وآلہ وسلم
کتبہ ابو الحسن محمد قاسم ضیاء قادری
Answered by Mufti Qasim Zia al-Qadri
Translated by Haider Ali
Read the original Urdu answer here: [Q-ID0551] What should I do if my menstruation cycle starts during the days of Hajj?