She assumed Ihraam while menstruating, performed Sa’ee and did not perform Tawaaf
Fatwa No: 112558

  • Fatwa Date:13-3-2010 - Rabee' Al-Awwal 28, 1431
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Question

I went for ‘Umrah (minor pilgrimage) with a tour operator that strictly adheres to its itinerary, including departure times and arrangements [for pilgrims]. It was the Will of Allaah The Almighty that I had my period before we arrived at the Meeqaat (certain station from where pilgrims are required to don their Ihraam). Upon arrival, I did Ghusl (ritual bath for purification) and started the Ihraam (ritual consecration). I performed ‘Umrah while menstruating, but I neither circumambulated the Ka’bah nor prayed behind the Maqaam (station) of Ibraaheem (Abraham, may Allaah exalt his mention). However, I completed the rest of the pillars, did Sa’ee (walking between mounts Safa and Marwah), trimmed my hair and then terminated the state of Ihraam. My menstrual cycle did not cease until I went back home.
My mother told me that my ‘Umrah was unacceptable because I did not do Tawaaf (circumambulation). I felt so sad and told her that my menses was something out of my control and that Allaah The Almighty willed that it would take place. I had to return with the company I traveled with and thus could not simply purify myself and perform another ‘Umrah. I now want to know whether my ‘Umrah is acceptable or not.

Answer

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Him and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.

 

Since you had your period before you reached the Meeqaat, you should not have entered the state of Ihraam and commenced with the rites of ‘Umrah, if you were doubtful that you could do the remaining before returning home. Also, prior to performing it, it was important for you to learn the rulings, pillars and obligations of ‘Umrah. You only fell into this situation, because you were not informed of its rules. Indeed, everyone should seek useful knowledge and attain insight into the ordainments of the religion. The Prophet, sallallaahu ‘alayhi wa sallam, was reported to have said, “Whomever Allaah wills goodness for, He enables him to understand the religion.” [Al-Bukhari and Muslim]

You have not completed your ‘Umrah and are still in the state of Ihraam, because circumambulating the Ka’bah is an indisputable pillar of ‘Umrah. Moreover, your Sa’ee was not valid because you did it before Tawaaf.

Now, you must abstain from everything that a person in the state of Ihraam would. Go to Makkah, circumambulate the Ka’bah, do Sa’ee and then terminate your Ihraam. You are also liable to slaughter a sacrificial animal for each violation that you knowingly committed during Ihraam. If, as indicated, you were not aware that you were doing that, you are not accountable for anything. Nevertheless, it is more judicious to give Fidyah (ransom as expiation) for the violations that included removal, by cutting or shaving of hair and clipping the nails. Those acts that are not of that nature, such as applying perfume, do not entail a Fidyah.

Furthermore, if your husband had sexual intercourse with you throughout this period, although you knew of its prohibition, then even your current ‘Umrah is invalid. In this case, you have to enact all its rites, slaughter a sacrificial animal and then perform another ‘Umrah in place of this one. However, if you were ignorant about the ruling of this case, then you are not liable for anything, because Allaah The Almighty Says (what means): {And there is no blame upon you for that in which you have erred but [only for] what your hearts intended.} [Quran 33:5]

Finally, if you cannot go to Makkah, then the ruling of Ihsaar (inability to perform the rites) applies to your case. As such, you have to slaughter a sacrificial animal and terminate the state of Ihraam. If you cannot afford that, you may fast for ten days.

Allaah Knows best.

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