Fatwa ID: 09011
Answered by Mufti Sakib Shadman
Question:
There was a related question we had experienced in hajj last year. I would appreciate Mufti Sahebs insight on it.
Our hajj package stays in Madina for 9 days, then Makkah for 9 days, then Azizia few days before hajj days.
A woman travelled to Madina whilst pure, she will stay in Madina for 9 days, so no iqaamah, but in Madina, a few days laters she gets her haidh. Then she travels to Makkah, in haidh, where she remains in haidh for a few more days before becoming pure. Will she pray qasr in Makkah?
If one considers the aspect that she was in haidh during her journey to Makkah, then her safar doesn’t count. But on the other hand, she is also not a Muqeem because she didn’t stay in Madina for 15 days.
So what will she do?
The qaaidah of safar breaks watan iqaamah also appears difficult to apply because she doesn’t have a watan iqaamah in this instance
In the name of Allah, the Most Gracious, the Most Merciful
Answer:
Firstly, Haydh (menstruation) does not prevent a woman from becoming a Muqeem (resident) or Musafir (traveller). Thus, the woman’s journey to Makkah WILL count even if she was menstruating. She was a Musafir (traveller) in Madinah, as she stayed there for only 9 days (less than 15 days required to become Muqeem). [4]
During her journey to Makkah, she was also a Musafir but had no Salah obligations due to her Haydh. Since Aziziah is not part of Makkah Mukarramah, she will remain a Musafir for the 9 days she is in Makkah before shifting to Aziziah. [3] Thus, when the woman in question becomes pure in Makkah, she will continue praying Qasr Salah, just like she did in Madinah before her Haydh commenced.
Finally, if a person stops and stays in a place for less than 15 days, that place will be known as her وطن السكنى; a temporary place for a visit without the intent to stay for 15 days or more. [1] In the enquired situation, both Makkah and Madinah are her وطن السكنى. One is a Musafir in ones وطن السكنى, and when one travels away from the وطن السكنى, they remain Musafir. [2] Again, the woman will pray Qasr in Madinah before her Haydh, and in Makkah after becoming pure, as she is a Musafir in both blessed cities.
Only Allah ﷻ knows best.
Written by Mufti Sakib Shadman
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
References:
[1]
ووطن السكنى، وهو ما إذا نوى أن يقيم المسافر أقل من خمسة عشر يوما.
Al-Bināyah Sharḥ al-Hidāyah, Dār al-Kutub al-ʿIlmiyyah, n.d., p. 31.
Accessed via al‑Maktabah al‑Shāmilah – 05‑05‑26.
[2]
وَوَطَنُ السُّكْنَى بِوَطَنِ السُّكْنَى: أَيْ كَمَا يَبْطُلُ وَطَنُ الْإِقَامَةِ بِالْوَطَنِ الْأَصْلِيِّ وَكَمَا يَبْطُلُ وَطَنُ السُّكْنَى بِالْوَطَنِ الْأَصْلِيِّ وَبِوَطَنِ الْإِقَامَةِ،
Radd al-Muḥtār ʿalā al-Durr al-Mukhtār (Ḥāshiyat Ibn ʿĀbidīn), Ṭ. al-Ḥalabī, n.d. (Vol. 2), p. 132.
Accessed via al‑Maktabah al‑Shāmilah – 05‑05‑26.
[3]
(قَوْلُهُ أَوْ نَوَى فِيهِ) أَيْ فِي صَالِحٍ لَهَا (قَوْلُهُ بِمَوْضِعَيْنِ مُسْتَقِلَّيْنِ) لَا فَرْقَ بَيْنَ الْمِصْرَيْنِ وَالْقَرْيَتَيْنِ وَالْمِصْرِ وَالْقَرْيَةِ بَحْرٌ.
Radd al-Muḥtār ʿalā al-Durr al-Mukhtār (Ḥāshiyat Ibn ʿĀbidīn), Ṭ. al-Ḥalabī, n.d. (Vol. 1), p. 126.
Accessed via al‑Maktabah al‑Shāmilah – 05‑05‑26.
[4]
(أَوْ يَنْوِيَ) وَلَوْ فِي الصَّلَاةِ إذَا لَمْ يَخْرُجْ وَقْتُهَا وَلَمْ يَكُ لَاحِقًا (إقَامَةَ نِصْفِ شَهْرٍ)
Radd al-Muḥtār ʿalā al-Durr al-Mukhtār (Ḥāshiyat Ibn ʿĀbidīn), Ṭ. al-Ḥalabī, n.d. (Vol. 1), p. 125.
Accessed via al‑Maktabah al‑Shāmilah – 05‑05‑26.