Stipulation against the onset of menses when assuming the state of ihraam

Reference: Sharh ‘Umdatil-Fiqh – Tape No.7, Question No.5

Question: A woman wants to perform ‘umrah, and fears the onset of her menses, so can she stipulate[1] this when assuming the state of ihraam, thereby relieving herself of the responsibility of completing the ‘umrah when her menses begin?

Response: The onset of the menses is not something which can be stipulated [when making the intention for hajj or ‘umrah], because it is something which is [expected, and] normal. It is not [to be considered as that which] prevents, because it is the norm with women, and occurs at regular cycles, and therefore not to be considered as that which prevents – like an illness for example, or protecting yourself from enemy attack. No, it is not [to be considered as that which] prevents; [rather], this is something which is known [and expected] of the women. So, all Praise is due to Allaah [alone], let her assume the state of ihraam for hajj or ‘umrah, and when her menses start, she abstains from performing the tawaaf until she [completes her menses and] purifies herself. This is what the Prophet ﷺ legislated when he said [to ‘Aa.ishah (radhi-yAllaahu ‘anhaa)]:

«Do everything that the pilgrims do, but do not perform the tawaaf around the House until you purify yourself [after completing the menses]»

Translator’s note

«اللَّهُمَّ مَحِلِّيْ حَيْثُ حَبَسْتَنِي »
«O Allaah, [If I am prevented by an obstacle then indeed] my place is where You prevent me.»

He is a graduate of the Islaamic University of Madeenah, having graduated from the Institute of Arabic Language, and later the Faculty of Sharee'ah in 2004. He currently resides in Birmingham, UK.

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