-Tawaaf without Wudhoo
is invalid. ‘Uthaymeen explains that it is not permissible to perform Tawaaf
without Wudhoo, irrespective of whether it is part of the pilgrimage or not –
such a person performing a voluntary Tawaaf.
The evidence for this
includes the following:
-When the the Prophet
[Peace and Blessings of Allaah be upon him] wanted to perform Tawaaf he would
make Wudhoo. [Reported by al-Bukhaaree (1614) and Muslim (1235)].
-The Hadeeth of
Safiyyah [may Allaah be Pleased with her] who said that she started her menses
so she couldn’t perform her Farewell Tawaaf (at-Tawaaf al-Wadaa) so the Prophet
said, “Is she holding us back from travelling?” [Reported by al-Bukhaaree (1757)
and Muslim (1211)].
-The Prophet said, “Tawaaf
around the House is Salaat, except that Allaah has Permitted in it normal
speech, so do not speak except that which is good.” [Reported by at-Tirmidhee (960),
Ibn Khuzaymah (2739), Ibn Hibban (3836) and others. Some said this narration is
Mawqoof to Ibn Abbaas (such as an-Nasaa’ee, al-Bayhaqee, Ibn as-Salaah,
al-Muntharee and an-Nawawee) and others said it is Marfoo’ (Ibn as-Sakan, Ibn
Khuzaymah, Ibn Hibban, al-Haakim and Ibn Hajar). See: at-Talkhees al-Habeer (174)].
-Some of the scholars quoted
the Aayah, “purify My House (the Ka'bah at Makkah) for those who are circumambulating it” [al-Baqarah 2:125]
The point here is that
the house must be purified at all times.
This is the opinion of
the majority.
There are others who
stated that Wudhoo is not a condition to perform Tawaaf, and it is permissible
for a person who doesn’t have Wudhoo to perform Tawaaf but maintaining that having
Wudhoo would be better. This is the opinion of the Hanafees and Ibn Taymiyyah.
There evidences are as
follows:
-There is no explicit
proof to suggest one needs Wudhoo.
-It entails a great
deal of difficulty, especially during peak seasons.
-The Hadeeth of the
Prophet making Wudhoo before Tawaaf is an action of the Prophet, and this doesn’t
necessitate an obligation. Rather, it can be interpreted that it is better to
have Wudhoo, but not an obligation.
-As for the Hadeeth of
the Safiyyah then she was menstruating and this a major form of impurity, so
there is no analogy between this and a minor form of impurity which is Wudhoo.
-Those with all forms
of major impurity cannot enter the masjid, but the opposite is true with minor
forms. All the scholars are agreed that a person with minor forms of impurity
can stay in the Masjid, so there is no proof in the Hadeeth of Safiyyah.
-As for the Hadeeth, “Tawaaf
around the House is Salaat…” then there are two answers to this:
-It is the statement of Ibn
Abbaas and not a Hadeeth, thus there is no ruling.
-It is contradictory – if we say it is precisely like Salaat, then there
would be Takbeer, Tasleem, Rukoo and Sujood in the Tawaaf. For this reason,
some of the scholars have stated the Hadeeth is either weak or not a statement
of the Prophet but a statement of Ibn Abbas instead.
NOTE: there is a
principle in Fiqh, “If something is generalized but then an exception is made
then everything is like it except the exception that is made” (الاستثناء معيار العموم).
So for example, Salaat
and Tawaaf have been compared but speaking has been permitted, therefore
according to this principle the Tawaaf should still have Rukoo, Sujood and
other pillars of the Salaat, but it doesn’t. This is the point here.
-As for the Aayah,
then this is connected to what we mentioned before – staying in the Masjid is
permitted even if a person has minor impurities but it is not permitted to stay
in the Masjid for anyone with major impurities. This is the meaning of the
Aayah.
Uthaymeen seems to
side with the latter opinion but states it is better to have Wudhoo and there
is Ijmaa on this. No one should think that performing Tawaaf with and without
Wudhoo is precisely the same thing.
A – If a woman is on
her menses and she needs to perform an obligatory Tawaaf, then the majority say
she is not allowed to enter the Masjid and must wait.
Others have stated
that she may perform Tawaaf because of the necessity to do so.
For example, if she
has to perform at-Tawaaf al-Ifaadah (which is a pillar of her Hajj and it won’t
be accepted without it) and her travel group are going to leave before she
becomes pure, in this case she may perform at-Tawaaf because of necessity. This
is the opinion of Ibn Taymiyyah and Ibn al-Qayyim.
Others said she must
pay the expiation and exit her Ihraam and perform her obligatory Hajj another
time. Or she remains in Ihraam and travels with the group and comes back when
she can to complete her Hajj – remaining in Ihraam throughout the whole time.
Uthaymeen states that
this is the wrong opinion and entails a great deal of hardship also. However,
the woman must remember that she is impure and not to let her impurity spread
to the Masjid.
End of Chapter of
Nullifiers.
Next: Chapter of
Ghusl.
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