She got her Menses before performing 'Umrah and she was not able to remain in Makkah until becoming pure
Question :
A woman came assuming Ihram for 'Umrah and after her arrival in Makkah she got her menses. Then, her Mahram was forced to travel immediately and she did not have anyone (to stay with) in Makkah. So, what is the ruling?
Answer:
If the matter is as mentioned regarding the menses of the woman before Tawaf while she was in Ihram, and her Mahram was forced to travel immediately and she had no Mahram or husband in Makkah, the condition of purification from her menses for entering the Masjid to perform the Tawaf is removed from her due to necessity. Thus, she applies some padding and performs Tawaf and Sa'y for her 'Umrah, unless it is easy for her to travel and return with her husband or a Mahram due to her close distance and easy provisions. Thus, she travels and returns as soon as her menses stop, so that she can perform Tawaf for her 'Umrah while she is pure. For verily Allâh says:
"Allah wants ease for you and He does not want difficulty for you."
And He said:
"Allah does not burden a soul except with what it can bear."
And He said:
"Allah has not placed any hardship on you in the religion." And He said:
"So fear Allah as much as you are able." And the Messenger of Allâh said:
"If I command you all to do something, then do it as much as you are able."Al-Bukhari no. 7288, Muslim no. 1337 and Ahmad no. 2:508.
And there are other texts besides these concerning ease and removal of hardship. A group of the people of knowledge has given this ruling that we have mentioned. Among them is Shaykhul-Islam Ibn Taimiyyah and his student, Al-Allamah Ibnul-Qayyim, may Allah have mercy on them.
Source:
The Permanent Committee
Fatawa Islamiyah, Vol. 4 Page 158
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