Menstruating woman passing the Meeqaat without assuming Ihraam

  • Author: Fatwa no. 100282
  • Publish date:19/07/2018
  • Section:FATWA FOR ALL
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As-salaamu Alaikum, my sister along with my parents came from India to Madeenah directly for Hajj. They stayed in Madeenah for one week and proceeded to Makkah, due to menses, my sister did not intend to perform Umrah even though they stopped in Thul-Hulaifah {Madeenah Meeqaat}. Also, my mother decided to perform Umrah with my sister, only my father put on Ihraam and performed Umrah. Now, the question is as my mom and sister entered Makkah without Ihraam or intention of Umrah, what is the remedy/solution whether they should go back to Madeenah Meeqaat or is it possible to make intention from Makkah Meeqaat and fast for 10 days as repentance or is there only way of ‘Damm’ {sacrifice}? please clarify.
All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allah exalt his mention ) is His Slave and Messenger.
Your mother and sister were wrong in passing the Meeqat without assuming Ihram because it is forbidden for whoever intends to perform Hajj or 'Umrah to pass the Meeqat without assuming Ihram, so they are obliged to return to the Meeqat they passed without Ihram and assume Ihram from there. An-Nawawi  may  Allah  have  mercy  upon  him said: "…Whoever passes the Meeqat without assuming Ihram is sinful and he is obliged to return to it and assume Ihram from there if he has no sound reason for passing the Meeqat without assuming Ihram.
However, some scholars  may  Allah  have  mercy  upon  them are of the view that whoever passes the Meeqat without assuming Ihram, may assume Ihram from any other Meeqat and he is not obliged to return exactly to the Meeqat where he failed to assume Ihram. An-Nawawi  may  Allah  have  mercy  upon  him reported this view from some scholars of the Shafi'i School of jurisprudence, and said that This view is probable but it is questionable.
The Hanafi School of jurisprudence, are of the opinion that there is no difference between returning to one's Meeqat or to any other Meeqat other than the one for the residence of Makkah.
Therefore, according to this opinion, your mother and sister are not obliged to return to Thul-Hulayfah [the Meeqat of the people of Madeenah], and if they assume Ihram from Yalamlam or Qarnul-Manazil, then this is acceptable from them and they are not obliged to offer a sacrifice.
However, if they did not return to the Meeqat and assumed Ihram from the place where they were, then they are obliged to offer a sacrifice each. As regards fasting, it is not acceptable unless one is not able to find a sacrifice or can not afford it. Moreover, fasting should be observed as follows: three days during the rituals of Hajj and seven days should be observed when one returns to his own country.
Finally, it should be noted that menses and post partum bleeding do not prevent women from assuming Ihram, rather a woman in menses or post partum bleeding may assume Ihram and this is accepted from her as the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allah exalt his mention ) said to Asmaa' Bint 'Umays, may Allah be pleased with her, when she gave birth in the Meeqat: Perform Ghusl (i.e. a ritual bath), apply a napkin (or any piece of clothing to prevent the blood from coming out) and then assume Ihram).
Allah Knows best.
Fatwa answered by: The Fatwa Center at Islamweb


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