Validity of Tawaaf Al-Ifaadhah prior to a post-menstrual brownish discharge

23/11/2009| IslamWeb

Question

I went on pilgrimage in 2002; on the day of ‘Arafah, I started to menstruate. I performed all the rites of Hajj (major pilgrimage), except for the Tawaaf Al-Ifaadhah (circumambulation upon returning from Mina). I waited for my menses to cease, but, even though my group delayed our return home, it did not stop. On the night we were to travel back home, I felt I was dry and thus, thought that the menstruation was over. Therefore, I did Ghusl (ritual bath for purification) and ablution, and went to the Sacred Mosque where I performed Tawaaf Al-Ifaadhah and Fajr (the morning prayer). I returned to where I was staying, but right before we set out for home, I found that I had had a brownish vaginal discharge. Does this mean that I was not pure earlier? Was my Tawaaf valid? I am now going to do ‘Umrah (minor pilgrimage), so should I make up for that Tawaaf, considering I had performed it last time when I was still menstruating? Should I offer a sacrificial animal [as compensation]? Please advise. 

Fatwa

All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Him and that Muhammad is His slave and Messenger.

You have not told us whether your brownish discharge was after the termination of the usual duration of your menses. If that was the case, then you were pure during the Tawaaf Al-Ifaadhah, according to the preponderant view of the Hanbali scholars. Building on this, the Tawaaf after your period ceased, is legitimate, even if you had that discharge afterwards. Also, your Tawaaf is valid if you first verified the end of your menstruation by inserting a white piece of cloth in the vagina and took it out without any traces of blood. Then, if you had done Ghusl and performed Tawaaf, even if it was unusual for your menstrual cycle to cease so early, and blood flowed again or you had a brownish or yellowish discharge, you are not liable for anything. This is based on the principle of considering days of bleeding as those of menstruation and those without any flow of blood, as days of purity. This is [applicable to you from] what we understand from your question.

However, if you did not thus ensure that you were dry [and clean] before your Ghusl, then you did Tawaaf during menses. This case is debatable among scholars, with many maintaining that such a Tawaaf is invalid, whereas others declare it to be legitimate, but add that a sheep, according to Imaam Ahmad, or a camel, according to Abu Haneefah must be slaughtered.

Based on the opinion of scholars who deem the Tawaaf as invalid, you are still in the state of Ihraam (ritual consecration) and you should avoid acts forbidden in this state. When you go to Makkah now, do Tawaaf first, followed by Sa’ee (walking between Safa and Marwah); then, end your Hajj by trimming your hair. After that, you may initiate Ihraam for performing ‘Umrah.

As regards any violations of Ihraam that you committed before the conclusion of your Hajj, for reasons of comfort, such as wearing tailored clothes and applying perfume, you are not liable for anything thereof. As for the removal of anything, such as shaving the hair and clipping of nails, then you must offer a single Fidyah (ransom as substitute) for each type of act, even if it was repeated more than once.

It should be noted that having sexual intercourse in a state of Ihraam, forgetting [its prohibition] or out of ignorance of its ruling does not invalidate your Hajj. No compensation is applicable, according to some scholars; this is the opinion held by Shaykh Al-Islam Ibn Taymiyyah .

The Fidyah can be offered by either slaughtering a sheep, providing food to six needy people or fasting three days.

Allah knows best.