بتاريخ: ليلة السبت 25 رجب 1422 ه..دماج-دار الحديث
Shaykh Yahya Al-Hajooree was asked
Question:
Is it permissible for a menstruating woman to enter into the Masjid and
touch the Mushaf, and please make a mention of the evidences
Answer:1what is correct is that it is permissible for the menstruating woman to enter into the Masjid and to touch the Mushaf, and there are proofs upon that, from them being:1
q-The statement of the prophet may the peace and blessings of Allah be upon him and his family: “Oh Aa'isha! Pass me the prayer mat” she replied: “I am menstruating” then he, may the peace and blessings of Allah be upon him and his family said: “Your menstruation is not in your hands” (narrated by Muslim 11-298)1
q-The Hadeeth of Aa'isha that when she was Menstruating during Hajj, the prophet may the peace and blessings of Allah be upon him and his family said to her: “Do what the pilgrim does except you do not go around the Ka'bah” (narrated by Al-Bukhari 305 and Muslim 120-1211). The menstruating women were still inside the most sublime of all the Masaajid, and that is the Masjid Al-Haraam, without order from him, neither from his (four) caliphs nor from other than them, that they should leave from the Masjid Al-Haraam. Al-Bukhari has made a chapter in his Kitaabis-Salaat (that is inside his Saheeh): [Chapter: The woman sleeping in the Masjid], and he conveyed the Hadeeth of Aa'isha may Allah be pleased with her that she said: “A black woman became Muslim with some of the 'Arabs, and she had a tent or a small room with a low roof inside the Masjid...”(Al-Bukhari 439). The general foundation of the women is that they menstruate, for the prophet may the peace and blessings of Allah be upon him and his family said: “This is something that Allah has written upon the daughters of Aadam”(narrated by Al-Bukhari 305 and Muslim 120-1211), and it was not narrated (in that Hadeeth of the black woman) that she left from the masjid during the days of her menstruation, and neither within it is a clarification that she passed her menopause.1
Q-And(also) from the evidences that the menstruating Muslimah is not impure, is the Hadeeth of Abu Hurayrah “Glorified be Allah, the believer does not become impure” (reported by Al-Bukhari 383 and Muslim 371), then if she is (considered to be) pure; except that which is observed from the private part, then there is no justification for expelling her from the Masjid, and neither to prevent her from reading the Qur'an.1
Q-And from them (i.e. the evidences) is the Hadeeth of Umm Ateyyah, and within it:(regarding the menstruating women attending the 'Eid prayer) “let them witness the good and the supplication of the Muslims”. The good is general and the supplication of the Muslims is general, from it is the recitation ofthe Qur'an and other than it, then he said “and that they should keep away from the Musalla (prayer place) of the people” (Al-Bukhari 324 and Muslim 890), with this (some of the scholars) use as a proof that the menstruating woman does not enter the Masjid. Then this conclusion must be looked into, for whatis known is that the Musalla of 'Eid does not take the same ruling as the Masjid concerning this (issue) or other than it. Rather the intention (behind ordering the menstruating women to stay away) was preventing free mixing with the men, and that is taken from the Hadeeth of Ibn Abbaas that the prophet may the peace and blessings ofAllah be upon him and his family, conducted a sermon for the men then he went and conducted a sermon for the women, which indicates towards the fact that they are not equal in their merit and they are different. The like of this was mentioned by An-Nawawee.1
Likewise the evidences pertaining to the recitation of the one who is sexually impure is in the same chapter so we shall mention them together: “The prophet may the peace and blessings of Allah be upon him and his family, used to make Dhikr (verbal remembrance) of Allah at every opportunity” from the Hadeeth of Aa'isha that comes in the Saheeh (i.e. Al-Bukhari).1
Asfor the Hadeeth of 'Amr Bin Hazm “Nobody may touch the Qur'an except he who is pure” then the meaning of [pure] here is: that he is not a Mushrik (polytheist), because the Muslim does not become impure, as Allah The Most High says:
Answer:1what is correct is that it is permissible for the menstruating woman to enter into the Masjid and to touch the Mushaf, and there are proofs upon that, from them being:1
q-The statement of the prophet may the peace and blessings of Allah be upon him and his family: “Oh Aa'isha! Pass me the prayer mat” she replied: “I am menstruating” then he, may the peace and blessings of Allah be upon him and his family said: “Your menstruation is not in your hands” (narrated by Muslim 11-298)1
q-The Hadeeth of Aa'isha that when she was Menstruating during Hajj, the prophet may the peace and blessings of Allah be upon him and his family said to her: “Do what the pilgrim does except you do not go around the Ka'bah” (narrated by Al-Bukhari 305 and Muslim 120-1211). The menstruating women were still inside the most sublime of all the Masaajid, and that is the Masjid Al-Haraam, without order from him, neither from his (four) caliphs nor from other than them, that they should leave from the Masjid Al-Haraam. Al-Bukhari has made a chapter in his Kitaabis-Salaat (that is inside his Saheeh): [Chapter: The woman sleeping in the Masjid], and he conveyed the Hadeeth of Aa'isha may Allah be pleased with her that she said: “A black woman became Muslim with some of the 'Arabs, and she had a tent or a small room with a low roof inside the Masjid...”(Al-Bukhari 439). The general foundation of the women is that they menstruate, for the prophet may the peace and blessings of Allah be upon him and his family said: “This is something that Allah has written upon the daughters of Aadam”(narrated by Al-Bukhari 305 and Muslim 120-1211), and it was not narrated (in that Hadeeth of the black woman) that she left from the masjid during the days of her menstruation, and neither within it is a clarification that she passed her menopause.1
Q-And(also) from the evidences that the menstruating Muslimah is not impure, is the Hadeeth of Abu Hurayrah “Glorified be Allah, the believer does not become impure” (reported by Al-Bukhari 383 and Muslim 371), then if she is (considered to be) pure; except that which is observed from the private part, then there is no justification for expelling her from the Masjid, and neither to prevent her from reading the Qur'an.1
Q-And from them (i.e. the evidences) is the Hadeeth of Umm Ateyyah, and within it:(regarding the menstruating women attending the 'Eid prayer) “let them witness the good and the supplication of the Muslims”. The good is general and the supplication of the Muslims is general, from it is the recitation ofthe Qur'an and other than it, then he said “and that they should keep away from the Musalla (prayer place) of the people” (Al-Bukhari 324 and Muslim 890), with this (some of the scholars) use as a proof that the menstruating woman does not enter the Masjid. Then this conclusion must be looked into, for whatis known is that the Musalla of 'Eid does not take the same ruling as the Masjid concerning this (issue) or other than it. Rather the intention (behind ordering the menstruating women to stay away) was preventing free mixing with the men, and that is taken from the Hadeeth of Ibn Abbaas that the prophet may the peace and blessings ofAllah be upon him and his family, conducted a sermon for the men then he went and conducted a sermon for the women, which indicates towards the fact that they are not equal in their merit and they are different. The like of this was mentioned by An-Nawawee.1
Likewise the evidences pertaining to the recitation of the one who is sexually impure is in the same chapter so we shall mention them together: “The prophet may the peace and blessings of Allah be upon him and his family, used to make Dhikr (verbal remembrance) of Allah at every opportunity” from the Hadeeth of Aa'isha that comes in the Saheeh (i.e. Al-Bukhari).1
Asfor the Hadeeth of 'Amr Bin Hazm “Nobody may touch the Qur'an except he who is pure” then the meaning of [pure] here is: that he is not a Mushrik (polytheist), because the Muslim does not become impure, as Allah The Most High says:
إِنَّماالمُشْرِكُونَ نَجَسٌ
Verily,the Mushrikûn are Najasun (impure)
At-Tawbah28
So then the point behind these evidences: the permissibility for the menstruating woman and the one who is sexually impure to enter the Masjid, and their touching and recitation of the Qur'an. It is affirmed that the prophet may the peace and blessings of Allah be upon him and his family, came to Faatimah and said: “where is your cousin? (i.e. 'Ali)” so she replied: “he is angry with me” so then the prophet may the peace and blessings of Allah be upon him and his family went and found him sleeping, and there was soil upon him so (the prophet) said: “Rise, Oh father of the soil” and what is well known is that the sleeping one is exposed to wet dreams and sexual impurity. And the Ashaabus-Suffah [1] used to sleep in the Suffah (shaded area) in the vicinity of the Masjid.1
And it is affirmed that the prophet may the peace and blessings of Allah be upon him and his family said: “He who takes residence in the Masjid, Allah will treat him hospitably just as the family of the absent one are hospitable to him when he arrives” (Narrated by Ibn Maajah 652, Ahmed 2/328 and in Saheeh Musnad of Shaykh Muqbil 1253) the Hadeeth has some criticism however we have mentioned it as part of the evidence.1
So then our point behind this: The permissibility for the menstruating woman and the one who is sexually impure to enter into the Masjid,and the permissibility of them touching the Mushaf, and that which comes in the Hadeeth of 'Amr Bin Hazm then it has been spoken about concerning its chains of narration, that none of them are free from weakness according to what we know of, however Ibn Al-Qayyim said: “The Ummah is in agreement with its acceptance” and it has already proceeded that the ruling (extracted from the Hadeeth) is attributable upon the Mushrik (polytheist) and not upon the menstruating and the one who is sexually impure from amongst the Muslims.1
As for the story of Ibn Rawaahah (taken from Sunnan Ad-Daaraqutnee 1/120 and Al-Bayhaaqee in Khilaafiyaat 322 and is also brought forward by Ibn Abee Dunyaa in his Al-Ishraaf 239) upon the requirement of being unblemished (from menstruation and the like) just as we have clarified in “Al-Asilat Ush-Shi'riyyah Ul-Hadeetheeyyah”- that his wife said to him “You have had intercourse with your slavegirl” and he denied that, so she said to him “if you have not had intercourse with her then recite a verse (from the Qur'an)” [2]so he replied:1
Verily,the Mushrikûn are Najasun (impure)
At-Tawbah28
So then the point behind these evidences: the permissibility for the menstruating woman and the one who is sexually impure to enter the Masjid, and their touching and recitation of the Qur'an. It is affirmed that the prophet may the peace and blessings of Allah be upon him and his family, came to Faatimah and said: “where is your cousin? (i.e. 'Ali)” so she replied: “he is angry with me” so then the prophet may the peace and blessings of Allah be upon him and his family went and found him sleeping, and there was soil upon him so (the prophet) said: “Rise, Oh father of the soil” and what is well known is that the sleeping one is exposed to wet dreams and sexual impurity. And the Ashaabus-Suffah [1] used to sleep in the Suffah (shaded area) in the vicinity of the Masjid.1
And it is affirmed that the prophet may the peace and blessings of Allah be upon him and his family said: “He who takes residence in the Masjid, Allah will treat him hospitably just as the family of the absent one are hospitable to him when he arrives” (Narrated by Ibn Maajah 652, Ahmed 2/328 and in Saheeh Musnad of Shaykh Muqbil 1253) the Hadeeth has some criticism however we have mentioned it as part of the evidence.1
So then our point behind this: The permissibility for the menstruating woman and the one who is sexually impure to enter into the Masjid,and the permissibility of them touching the Mushaf, and that which comes in the Hadeeth of 'Amr Bin Hazm then it has been spoken about concerning its chains of narration, that none of them are free from weakness according to what we know of, however Ibn Al-Qayyim said: “The Ummah is in agreement with its acceptance” and it has already proceeded that the ruling (extracted from the Hadeeth) is attributable upon the Mushrik (polytheist) and not upon the menstruating and the one who is sexually impure from amongst the Muslims.1
As for the story of Ibn Rawaahah (taken from Sunnan Ad-Daaraqutnee 1/120 and Al-Bayhaaqee in Khilaafiyaat 322 and is also brought forward by Ibn Abee Dunyaa in his Al-Ishraaf 239) upon the requirement of being unblemished (from menstruation and the like) just as we have clarified in “Al-Asilat Ush-Shi'riyyah Ul-Hadeetheeyyah”- that his wife said to him “You have had intercourse with your slavegirl” and he denied that, so she said to him “if you have not had intercourse with her then recite a verse (from the Qur'an)” [2]so he replied:1
q“I testified that the promise of Allah is the truth
and that the fire is a dwelling place for the disbelievers
and that the throne is floating above the water
and above the throne is the Lord of all that exists
And stern Angels carry it
Angels that belong to the God and they have marks (of distinction)”1
and that the fire is a dwelling place for the disbelievers
and that the throne is floating above the water
and above the throne is the Lord of all that exists
And stern Angels carry it
Angels that belong to the God and they have marks (of distinction)”1
So
she said: “I believe in Allah and declare my eye to be lying”.This
story has clear criticism concerning the source and its mention has
preceded (in Al-Asilat Ush-Shi'riyyah Ul-Hadeetheeyyah), and as for the
requirement of being unblemished (by menstruation etc.) then this is
from the Ijtihaad of Abdullah Bin Rawaahah and is not incumbent.1
And (he is) from those that say that the sexually impure one can not recite the Qur'an, and he who opposes him has with him an evident proof, and the proof takes precedence over the Ijtihaad. And from the things that those that say its impermissible for the menstruating woman and the sexually impure one to enter the Masjid rely upon is the Hadeeth of Aa'isha may Allah be pleased with her that the prophet may the peace and blessings of Allah be upon him and his family said:“I do not permit the Masjid for the menstruating woman, nor the sexually impure one” (narrated by Abu Dawood, Ibn Maajah, and Al-Bayhaaqee 2/443) then its dispute revolves around Jasrah Bint Dajaajah, and she is unknown and Al-Bukhari said: “she has with her odd things (i.e. in her narrations)” 1
I say (i.e. Shaykh Yahya): and from her 'odd things' is this Hadeeth which opposes many of the fundamental principles (of Fiqh), to the extent that An-Nawawee said: "It (i.e. the Hadeeth) is weak with agreement of the people of understanding".1
And (he is) from those that say that the sexually impure one can not recite the Qur'an, and he who opposes him has with him an evident proof, and the proof takes precedence over the Ijtihaad. And from the things that those that say its impermissible for the menstruating woman and the sexually impure one to enter the Masjid rely upon is the Hadeeth of Aa'isha may Allah be pleased with her that the prophet may the peace and blessings of Allah be upon him and his family said:“I do not permit the Masjid for the menstruating woman, nor the sexually impure one” (narrated by Abu Dawood, Ibn Maajah, and Al-Bayhaaqee 2/443) then its dispute revolves around Jasrah Bint Dajaajah, and she is unknown and Al-Bukhari said: “she has with her odd things (i.e. in her narrations)” 1
I say (i.e. Shaykh Yahya): and from her 'odd things' is this Hadeeth which opposes many of the fundamental principles (of Fiqh), to the extent that An-Nawawee said: "It (i.e. the Hadeeth) is weak with agreement of the people of understanding".1
Footnotes
q[1]Ashaabus-Suffah:
those people that made Hijrah from Makkah to Madinah who were poor and
found no place to reside – explanation taken froman answer by Shaykh
Ibn Uthaymeen within the Noor 'Ala Ad-Darb series and can be found here
http://www.ibnothaimeen.com/
q[2]meaning, if you have not had intercourse then you must be ritually pure and not sexually impure, so this narration indicates that he used to hold the opinion that it was not permissible for him to recite whilst in the state of sexual impurity, that is why she asked him to recite a verse from the Qur'an.
q[2]meaning, if you have not had intercourse then you must be ritually pure and not sexually impure, so this narration indicates that he used to hold the opinion that it was not permissible for him to recite whilst in the state of sexual impurity, that is why she asked him to recite a verse from the Qur'an.
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