Home Fatawaa Al- Ḥajj A woman gives birth before completing her Ḥajj. She is now in the state of Nifās. What is the ruling of Sharī’ah regarding her?

A woman gives birth before completing her Ḥajj. She is now in the state of Nifās. What is the ruling of Sharī’ah regarding her?

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QUESTION:

A woman gives birth before completing her Ḥajj. She is now in the state of Nifās. What is the ruling of Sharī’ah regarding her?

ANSWER:

If a woman experiences Ḥaiḍ (menses) or Nifās (afterbirth) during Ḥajj then she will complete all the rites of Ḥajj besides Ṭawāf. After becoming clean again, she will perform her Ṭawāf and the delay of the Ṭawāf will be excused. This is the ruling if she had become clean after the days of Naḥr.

If she had become clean during the days of Naḥr and she finds herself having the opportunity to complete most of the Ṭawāf (4 rounds) and still does not do so then she will have to slaughter a big animal (7 shares e.g. camel, cow etc ) in compensation for the delay.

To enter the Musjid to perform Ṭawāf in the state of Ḥaiḍ and Nifās is forbidden. She should wait until she becomes pure and then perform Ṭawāf. To intentionally perform Ṭawāf in the state of impurity is a grave sin and will make the slaughtering of a big animal compulsory. If in the state of impurity, unintentionally Ṭawāf was performed a Kaffārah (sacrificing a big animal) will become necessary.

However, if due to compelling circumstances e.g. being unable to delay flights or restrictions placed by the government etc, she performs Ṭawāf in this state of impurity, it becomes incumbent upon her to sacrifice a big animal and she will become completely free of Iḥrām. This has been narrated by Imām Abū Ḥanīfah (R.A). Regarding what will be considered a compelling circumstance will be based the situation of the woman in question. If she leaves without performing the Ṭawāf, she will not be released from Iḥrām until and unless she returns and perform it.  والله أعلم

Fatāwā Darul Uloom Zakariyyā, Vol. 3. Pg. 387-389

والله تعالى أعلم

And Allāh alone knows best

 


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