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A Woman's Guide to Hajj Part III

This is a continual from part II: http://ramadanblessedmonth.blogspot.com/2012/06/a-womans-guide-to-hajj-part-ii.html 

Crowding to kiss the black stone

It is desirable that a woman should not crowd with the men to kiss the black stone. Instead, she should wave to it with her hand just like the person who cannot reach it.

Imam An-Nawawee said, "Our Ulumaa' have said that it is not desirable for a woman to kiss the black stone, nor to touch it, except at those times when the Tawaf area is light or empty, like during the night or at other times. This is because in her crowding the men it would bring hardship upon herself and hardship upon the men."

The difference in Sa'ee between men and women

The method of performing Sa'ee, in general, is the same for men and women. However, there are basic differences in the etiquettes of Sa'ee between men and women.

Firstly: A woman in her Menses

As is explained in the books of Fiqh, it is not a must that a person be clean from sexual impurity (Janaabah) or, for women, her monthly period in order to perform Sa'ee. However this issue needs a little clarification.
According to the Hanafi school of thought, it is only permissible for a woman in sexual impurity or her menses to perform the Sa'ee if she has already performed the Tawaf in a state of purity. Meaning, if her menses started after the Tawaf then it is ok to continue with the Sa'ee.

However, scholars have disagreed with the Hanafi school of thought on this issue for the following reason:
It was narrated by Bukhari that Umm Al-Mu'mineen Aisha - radi Allahu 'anha - said, "I arrived in Makkah and at the time I was in my monthly period. I had not performed the Tawaf of the (Ka'bah), nor had I performed the (Sa'ee) between Safa and Marwah." She continues, "I mentioned this to Rasul Allah - sal Allahu alayhi wa sallam - and he said to me, `Do as the Haaji (Hajj pilgrim) does other then performing Tawaf of the (Ka'bah) until you are clean.'"

In explaining this Hadith, Ibn Hajar said:
As for the acceptability of performing Sa'ee before Tawaf, scholars of Hadeeth considered it permissible, citing as their proof the hadith of Usaamah ibn Shuraik in which a man came to the Prophet - sal Allahu alayhi wa sallam - and said, "I performed Sa'ee before performing Tawaf." The Prophet - sal Allahu alayhi wa sallam - replied, "Perform Tawaf, there is no difficulty."

Thus, a woman in her menses may perform all the rites of Hajj other then the Tawaf. And she may perform the Sa'ee before her Tawaf in accordance with the Hadith of Usaamah ibn Shuraik and her Sa'ee with be correct and acceptable.

Those that forbade the woman from performing Sa'ee until she first becomes clean of her menses, placed a condition on her has no basis. In reality, the proof we have mentioned rejects this opinion.

Raml, jogging, between Safa and Marwa

Imam Ash-Shaafi'ee said, "A woman should not jog between Safa and Marwah, nor should she uncover her arm like a man. This is because she is seeks coming closer to Allah by covering and protecting herself and jogging and uncovering would contradict that."

However, according to the scholars of the Shafi'ee school of thought, there are two opinions on this issue.
The first, which is the opinion of the majority, is that she should not jog in the jogging area. Instead she should walk all through out the distance from Mount Safa to Mount Marwah - whether it be daytime or nighttime when no one is watching. This is because she is `Awrah and her fiqh is based on covering and protecting herself.
The second, which is held by a minority, is that if she is performing Sa'ee at night and there is no one watching, it is desirable for her to jog in the area of jogging.

This is also the opinion of the Hanbali school of thought. Ibn Qudamah stated in Al-Mughni: A woman should not jog in Tawaf or Sa'ee.

Women leaving Muzdalifah early

Spending the night in Muzdalifah on the eve of the 10th of Dhul-Hijjah is just as much a part of Hajj for the women as it is for the men. When she leaves the plain of Arafah, she does as the male would do in Muzdalifah - that is, she should join her Maghrib and Isha at the time of Isha, remember Allah ta'ala and spend the night there.

Some scholars have noted that it is permissible for women who fear the crowd of Muzdalifah (and the predicted crowd at the Jamarat the next day) to leave early from Muzdalifah before Fajr. The default Sunnah however is that a person should wait until after Fajr - after the sun has come up bright - to move on to Mina.
Following is an example of the many Ahadeeth that were narrated regarding this issue.

Firstly: Bukhari narrated from Aisha - radi Allahu 'anha - who said, "(Umm Al-Mu'mineen) Sowdah sought permission from Allah's Messenger - sal Allahu alayhi wa sallam - to leave Muzdalifah before him (i.e. before Fajr) and before the crush of the people, because she was heavy. He - sal Allahu alayhi wa sallam - gave her permission."

Secondly: Muslim narrated from Umm Habibah - radi Allahu 'anha - that the Prophet - sal Allahu alayhi wa sallam - sent her from Muzdalifah during the night (before Fajr).

Thirdly: Muslim narrated from Ibn Abbaas - radi Allahu 'anhu - who said, "Allah's Messenger - sal Allahu alayhi wa sallam - sent me with the weak folk from Muzdalifah during the night (before Fajr)."

Fourthly: Muslim narrated that Ibn Umar - radi Allahu 'anhu - used to take the weak of his family to Muzdalifah. They would stand at al-Mash'ar al-Haraam in Muzdalifah at night, remembering Allah. Then before the Imam would move out (from Muzdalifah) they would leave before him. Some of them would arrive in Mina before Fajr time (i.e. at Fajr time); others would arrive after that. When they would arrive, they would throw their Jamaraat. Ibn Umar would comment, "Allah's Messenger - sal Allahu alayhi wa sallam - granted permission to these people."

Concerning the issue of leaving Muzdalifah halfway through the night, Imam Ash-Shaafi'ee - rahimahullah - said:
The Sunnah is that women and weak folk should move out of Muzdalifah before Fajr - after half the night has passed, so that they may throw their Jamaraat before the crowd arrives. This is based on the hadith of Aisha - radi Allahu 'anha - in which she said, "(Umm Al-Mu'mineen) Sowdah sought permission from Allah's Messenger - sal Allahu alayhi wa sallam - to leave Muzdalifah before him (i.e. before Fajr) and before the crush of the people, because she was heavy. He - sal Allahu alayhi wa sallam - gave her permission."

This is also the opinion of the Hanbali school of thought. In Al-Mughni we read:
It is all right for women and weak folk to leave Mudalifah early. From those who would allow their women and weak family members to precede them were AbdurRahmaan ibn `Owf and Aisha. This is the opinion of Ataa' and ath-Thowree and Ash-Shaafi'ee and Ashaab Ar-Ra'I (the Hanafees). We do not know anyone that differs with this opinion, as it is an opinion that carries facility for the women and weak folk and saves them from the hardship of the crowd, and it is also the permission of their Prophet - sal Allahu alayhi wa sallam.

Thus from the previous quotes we see that it was permissible for the women and weak folk to leave Muzdalifah during the night, i.e. before Fajr and before the crowd arrived after Fajr. Those that enter into this permission are the women and children and those in their situation. And Allah knows best.

How much hair should a woman cut when coming out of Ihraam

Shaving one's head is one of the rites of Hajj and Umrah. On this topic, the following verse praises the state of the Muslims: [with shaved heads and trimmed]

The Hanafiyyah have said: to shave one's head or to trim it is a Waajib aspect of Hajj. This is also the Madhhab of the Maalikiyyah who said: The shaving itself is Waajib, the trimming on the other hand is sufficient.

The Shaafiyyah state: Our Madhhab is that shaving is a rite that one is rewarded for performing - by performing it one leaves the first stage of Ihraam, the tahallul al-Asghar. Thus, according to this, shaving or trimming is a rukn by which Hajj or Umrah is not accepted until it is performed.

And according to the Hanaabilah, shaving or trimming is a rite from the rites of Hajj or Umrah. Thus according to them it is Waajib. In the book Al-Uddah sharh Al-Umdah, it states: " And shaving the head is Waajib because the prophet - sal Allaahu alayhi wa sallam - did it, this coupled with the Hadith, "Take from me your Hajj rituals."

Having said that, the question that begs to be asked now is: which is better for a man, to shave his head or trim it, i.e. going bald or using a no.2 clipper? And how is this preference viewed in regards to women.
As for men, it is better for them to shave their head. The proof for this is the obvious order given in the verse [having shaved your heads and trimmed] because the Arabs would often begin with that which more important and preferred.

Also, this preference is based on the hadith in which the Prophet - sal Allaahu alayhi wa sallam - said, "Oh Allah, be merciful to those that shave." They asked, "what about those that trim O Messenger of Allah?" He said, "O Allah, be merciful to those that shave." They asked, "what about those that trim O Messenger of Allah?" He said, "And those that trim."

And in another narration according to Muslim, he prayed for those that would shave three times and those that would trim once.

Even he - sal Allaahu alayhi wa sallam - shaved his head during Hajj, and no doubt, Allah would never choose for his Prophet anything other then that which is more preferred.

But having said that, there is no difference of opinion that it is permissible to choose trimming instead of shaving. In Saheeh Muslim with the explanation of Imam Nawawi it states: There is Ijmaa' (consensus) from the Ulumaa' that shaving is better then trimming, but that trimming is permissible.

Does this preference of shaving apply to women

In al-Mughni, it states: There is no difference of opinion between the people of knowledge that the Sunnah for a woman is that she should only trim her hair and not shave. Ibn Al-Mundhir said, "The consensus (Ijmaa') of the people of knowledge is that a woman should trim and not shave. This is because shaving in a woman's case would be considered mutilation."

And Ibn Hajar - rahimahullaah - said, "As for women, the Sunnah is that they should only trim their hair. There is Ijmaa' on this."

How much should a woman trim of her hair

According to the Maalikiyyah, a woman should take from all her hair the span of an Anmulah (a fingertip span, about 1 centimeter), or a little bit more or less. Explaining this further, in Mawaahib Al-Jaleel Imam Maalik - rahimahullaah - said, "There is no set measurement according to us. Whatever a man or woman takes from their hair it will be sufficient."

The Hanabilah said; A Woman should trim from her hair the span of an Anmulah. Said Abu Dawud: I heard someone ask Ahmad about whether a woman should cut from her entire head or not. He said, "Yes, she should join her hair together and then take from the ends of her hair the span of an Anmulah."

An According to the Shafee'eeyah it is desirable for a woman to trim the span of an Anmulah from all sides of her head. Al-Maawardee said, "She should not trim from the sides of her head because that will mar her. Instead she should lift up the hair and cut from that which is underneath."

Having said this, according to the Shafee'eeyah, all that is sufficient for both a man and a woman is three hairs whether they cut it or shave it. Nothing less than this is acceptable.

The Hanafeeyah said: What is meant by trimming is that a man or a woman should take from at least a quarter of the hair of their head, the span of an Anmulah. Meaning, they should take from all of that hair this measurement. They also said, it is wajib to cut a little more than the span of an Anmulah so that for sure at least an Anmulah was cut.

A woman receives her menses before her performance of Tawaf Al-Ifaadah

This issue which comes up very often is as such: What if a woman gets her Menses, has not performed her Tawaf Al-Ifaadah, and is in a situation where she has to leave Makkah. What should she do?

It needs to be said that being free from menses is a condition for a woman who wants to perform any Tawaf. Thus, with this in mind, if a woman performs Tawaf while in her menses her Tawaf will not be valid.
This is based on the authentic hadeeth that Umm Al-Mu'mineen Aisha - radi Allahu 'anha - said, "I arrived in Makkah and at the time I was in my monthly period. I had not performed the Tawaf of the (Ka'bah), nor had I performed the (Sa'ee) between Safa and Marwah. I mentioned this to Rasul Allah - sal Allahu alayhi wa sallam - and he said to me, `Do as the Haaji (Hajj pilgrim) does other then performing Tawaf of the (Ka'bah) until you are clean.'

This hadith makes it crystal clear that a woman in her menses cannot perform any Tawaf until she has completed her period. What she should do is wait in Makkah until she completes her period, washes up, and then goes and performs her Tawaf.

Her Mahram should stay with her during this time. This is based on the Hadith in which Umm Al-Mu'mineen Aisha - radi Allahu 'anha - said to Allah's Messenger - sal Allahu alayhi wa sallam - "Safiyyah bint Huyayy has received her period." He replied, "She may be blocking us from leaving (then). Did she not perform Tawaf with you (i.e. the women)?" Aisha said, "Yes (she did)." He said, "Then you may go."

On these lines, the scholars and the Muslims in the early generations would not leave Makkah until the menstruating women in their group got a chance to complete their period and perform Tawaf Al-Ifaadah. As the Prophet - sal Allahu alayhi wa sallam - said, "She may be blocking us from leaving (then)."

Abu Hurayrah - radi Allahu 'anhu - used to say:
An Ameer who is not an Ameer, who is it? It is a woman with a group of people who receives her period before performing Tawaf Al-Ifaadah. They, because of her, will be forced to stay until she completes her period and performs the Tawaf.

But what happens if, due to circumstances out of her control, a woman cannot stay in Makkah until her period is over in order to perform Tawaf Al-Ifaadah? She would have one of three scenarios:

One: She may cut off her Hajj and go home with no Hajj.

Two: She may perform Tawaf even though she has her period because of the dire necessity she is in.
Or...
Three: If she leaves without performing Tawaf Al-Ifaadah then she would still be in Ihraam. Her husband would not be Halal for her until she returned to Makkah and made up the Tawaaf.

Many scholars have debated over the solution to this problem. Perhaps the most merciful scenario and that which is closer to the principles of the Shari'ah is scenario two in which she performs Tawaf even though she has her period due to the dire necessity.

Shaykh Al-Islam Ibn Taymiyyah gave the following Fatwa:
A woman in her period should do the Hajj rites that she is capable of. What she has no control over is forgiven - thus she may perform Tawaf (even though she is in her period). She should shower as she showers for Ihraam, in fact this situation is more deserving, and she should wrap herself tightly as she would during Istihaadah blood, in fact this situation is more deserving.

This is what the texts (of the Qur'aan and Sunnah) point to, in addition to the principles of the Shari'ah. With this opinion no contradiction is made with Islamic principles.

The texts point to Tahaarah being a Wajib aspect of Tawaf. Such as the statement of Allah's Messenger - sal Allahu alayhi wa sallam: "The menstruating woman should perform all the rites of Hajj except the Tawaf." This is a general Wajib.

But we know from the principles of Shari'ah that an issue is Wajib only if the person is capable of performing it. As Allah ta'ala says in the Qur'an [Thus, Fear Allah as much as you are able]. And as the Messenger of Allah - sal Allahu alayhi wa sallam - said, "If I command you with something then do what you are capable of."

The most Tahaarah is in Tawaf is that it is a condition. At the same time we know that in Salah if a person is not able to be in a state of Tahaarah due to some external situation out of their control they are allowed to pray without it. Case in point: The Salah of a woman in Istihaadah or someone who cannot control their urine may perform Salah regardless.

If this is the case - where the conditions of Salah are forgiven when a person cannot fulfill them - then the conditions of Tawaf should also be forgiven when someone cannot fulfill them. In fact, the situation of Tawaf is more deserving of this ruling.

In any other solution (either she cancels her Hajj or tries to come back in the future, remaining in Ihraam until she does) there is a huge hardship on her. And hardship is cancelled in Shari'ah.

As for those who say she may perform the Tawaf in her state, but she must pay a penalty for it - our opinion is that there is no penalty. This is because the Wajib, if a person is not blame-worthy for not performing it, then there is no penalty upon them. This is different then when someone leaves a Wajib due to forgetfulness, or ignorance, or intentionally.

The menstruating woman did not leave this Wajib in this case due to a blame-worthy reason. She could not fulfill the Wajib due to her menses, which is something that does not begin according to her will and desire. Thus there is no penalty upon her.

Thus, if a woman has received her period before she has performed Tawaf Al-Ifaadah, she must remain in Makkah until she is clean and then go and perform it.

If in special circumstances and under dire necessity she needs to leave Makkah before completing her period, then according to some scholars - like Shaykh Al Islam Ibn Taymiyyah - she may perform her Tawaf even though she has her period and there is no penalty upon her. And Allah knows best. 

Part IV: http://ramadanblessedmonth.blogspot.com/2012/06/a-womans-guide-to-hajj-part-iv.html