Azami 5244

Tirmidhi narrated it (944), and Ibn Khuzayma graded it sahih (3000), as did Ibn Hibban (3899) and Hakim (1/467–468), all of them from the hadith of Isa bin Yunus, from Ubaydullah bin Umar, from Nafi, from Ibn Umar, and he mentioned it. Tirmidhi said, "Hasan sahih, and this is the practice among the people of knowledge." Hakim said, "Sahih according to the criterion of the two Shaykhs." Dhahabi said, "The two of them reported its basic content," and this is as he said, as mentioned before.This is the view held by the majority of jurists across the regions, that there is no farewell tawaf required of a menstruating woman, and I do not know of anyone who held otherwise except what has been reported from Umar and his son Abdullah, and Zayd bin Thabit, except that the latter two retracted their view once the sunnah reached them.As for what has been reported from Harith bin Abdullah bin Aws, who said, "I came to Umar bin Khattab and asked him about a woman who performs tawaf around the House on the Day of Sacrifice and then menstruates." He said, "Let her last contact be with the House." Harith said, "That is what the Messenger of Allah ﷺ told me." Umar said, "May your hands be bereaved! You asked me about something you had already asked the Messenger of Allah about, so that I would contradict him?!" This is a mistake.Abu Dawud narrated it (2004) from Amr bin Awn, who said, Abu Awana informed us, from Yaala bin Ata, from Walid bin Abdul-Rahman, from Harith bin Abdullah bin Aws. Munziri graded it hasan in his abridgment. I say, this is as he said, for its chain of transmission appears sound on the surface, but Harith bin Abdullah bin Aws erred when he attributed his ruling to the Messenger of Allah ﷺ. For he ﷺ said it, yet acted contrary to it. Harith bin Abdullah understood the statement of the Prophet ﷺ, "Let her last contact be with the House," to be general in meaning.This is because Tirmidhi narrated it (946) through another route from him, saying, "I heard the Prophet ﷺ say, 'Whoever performs Hajj to this House or umrah, let his last contact be with the House,'" with no mention of menstruation in it. However, it is daif, containing Hajjaj bin Artah, who is daif. Tirmidhi said, "The hadith of Harith bin Abdullah bin Aws is an isolated hadith. Several others have narrated something similar from Hajjaj bin Artah in this way, and Hajjaj has been contradicted in part of this chain." End of quote. It also contains Abdul-Rahman bin Baylamani, the freed slave of Umar, who is daif.This general statement is qualified by the hadith of Ayesha, Ibn Abbas, and others. As for Umar bin Khattab, perhaps this sunnah had not reached him, just as it had not reached his son Abdullah either, and then it reached him and he retracted his view, permitting menstruating women, once they had performed tawaf al-ifadah, to depart.As for the claim of Tahawi and others that this represents abrogation, it is far-fetched, because abrogation cannot be established except by establishing what was abrogated, and it was never established that the Prophet ﷺ commanded menstruating women to perform the farewell tawaf, so the claim of abrogation is invalid.As for a woman who begins menstruating on the tenth day, or before it, in the month of Dhul-Hijjah, and is unable to perform tawaf al-ifadah, she falls into one of two situations.The first is that she is a resident of Makkah or of the towns near it, and is able to return to Makkah after her purification to perform tawaf al-ifadah. In that case she may travel to her home and remain in her state of ihram until she becomes pure, then return to Makkah and perform tawaf al-ifadah, because complete release from ihram is not achieved except by tawaf al-ifadah, provided she does not delay it past the end of the month of Dhul-Hijjah, which is the last of the months of Hajj according to the soundest of the scholars' opinions. Allah Most High said, "Hajj is during well-known months" [Baqarah 2:197], meaning Shawwal, Dhul-Qaidah, and Dhul-Hijjah.The second is that she is from a distant country, bound by travel schedules and the necessity of departing with her group, unable either to remain in Makkah until she becomes pure and performs tawaf, or to return to Makkah after her purification. In that case she may perform ghusl as she would for ihram, bind herself with a cloth as a woman with chronic bleeding does, perform tawaf al-ifadah, and make up for it with a blood sacrifice, as some jurists have held, because purity during tawaf is neither an obligatory condition (fard) nor a precondition (shart), but rather a duty (wajib), and neglecting a duty is compensated for with a blood sacrifice.Sheikh Islam bin Taymiya, may Allah have mercy on him, held that her tawaf is valid and that no blood sacrifice is required of her, because she has not been negligent, and there is no expiation due for something in which there is no negligence. Many scholars in the Kingdom of Saudi Arabia, Syria, Egypt, and elsewhere have issued rulings in accordance with this.Whoever is strict in this matter has overlooked the purposes of the Shariah, which are to remove hardship. Allah Most High said, "Allah does not intend to place upon you any hardship" [Maidah 5:6]. And what hardship could be greater than commanding a menstruating woman to remain in Makkah until she becomes pure and performs tawaf al-ifadah, even if it means she misses departing with her companions, resulting in the cancellation of her flight, sea, or land reservations? Allah is the One whose help is sought.