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Ruling
concerning one who entered the ihraam while she was menstruating
Question:
A woman asks: She was excused, that is menstruating, and her
family wanted to go to make 'Umrah and if she lagged behind,
there would be no one to stay with her Therefore, she went
with them to the 'Umrah and performed all of the rites of
the 'Umrah, including the tawaaf
and the sa'ee,
as if she was not menstruating. She did this out of ignorance
and out of shyness, not wanting to tell her guardian. You
should know that she is illiterate and does not know how to
read or write. What must she do?
Response:
If she made the ihraam
for 'Umrah, then she must repeat the tawaaf
after making ghusl and repeat the act of cutting some of the
hair. As for her making the rounds between as-Safaa
and al-Marwah,
they are proper according to the strongest opinion among the
scholars. If she repeats them after the tawaaf,
that would be better and safer. She must repent to Allaah
for her tawaaf
and prayer of two rak'ah's
while she was menstruating. If she is married, her husband
cannot have sexual intercourse with her until she completes
her 'Umrah. If he has already had sexual intercourse with
her, then her 'Umrah has been nullified and she must sacrifice
a year old woollen sheep or a two year old goat in Makkah
to be distributed to the poor. She must also complete her
'Umrah as was mentioned previously. She must perform a new
'Umrah from the same meeqaat that she entered the ihraam
from previously, in replacement of her spoiled 'Umrah. But
if she simply performed the 'Umrah with them out of courtesy
and bashfulness and she did not [actually and intentionally]
enter the state of ihraam
from the meeqaat, then the only thing upon her is to repent
to Allaah. This is because Hajj and 'Umrah are not valid without
entering the state of ihraam.
And the ihraam
is the intention for Hajj or 'Umrah or both.
We
ask Allaah for guidance and safety for all of us from the
whisperings of Satan.
Shaykh
Ibn Baaz
Fataawa al-Mar.ah
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