A Menstruating Woman's entering Makka

232 Yahya related to me from 'Abd ar-Rahman ibn al-Qasim, from his father that 'A'isha, Umm al-Muminin, said, " We set out with the Messenger of Allah, may Allah bless him and grant him peace, in the year of the Farewell Hajj and we went into ihram for 'umra. Afterwards, the Messenger of Allah, may Allah bless him and grant him peace, said, 'Whoever has a sacrificial animal with him should go into ihram for Hajj al-Qiran, and he should not leave ihram without leaving ihram for both of them at the same time.' "

She continued, " I was menstruating when I got to Makka, so I did not do tawaf of the House or sa'y between Safa and Marwa. I complained to the Messenger of Allah, may Allah bless him and grant him peace, and he said, 'Undo your hair and comb it and leave the 'umra and go back into ihram for the Hajj.' "

She said, " I did so, and when we had completed the Hajj, the Messenger of Allah, may Allah bless him and grant him peace, sent me with 'Abd ar-Rahman ibn Abi Bakr as-Siddiq to at-Tan'im and I performed an 'umra and he said, 'This is in place of your 'umra.' "

" Those who had entered ihram for the 'umra did tawaf of the House and sa'y between Safa and Marwa, then left ihram. They they did another tawaf after returning from Mina for their hajj, whereas those who entered ihram for the hajj or combined the hajj and the 'umra, only did one tawaf."

Yahya related the same as that to me from Malik from Ibn Shihab from 'Urwa ibn az-Zubayr from 'A'isha.

[cf Bukhari 1481]

233 Yahya related to me from Malik from 'Abd ar-Rahman ibn al-Qasim from his father that 'A'isha said, " I came to Makka at the time of my period so I did not do tawaf of the House or go between Safa and Marwa. I complained to the Messenger of Allah, may Allah bless him and grant him peace, and he said, 'Do what the people doing hajj do except do not do tawaf of the House and go between Safa and Marwa until you are pure.' "

[cf Bukhari 1567]

Malik said, concerning a woman who entered ihram for 'umra at the time of Hajj, and she arrived in Makka during her period and so could not do tawaf of the House, " When she fears that the time (for hajj) is getting close, she gets into ihram for the Hajj and sacrifices an animal. She is like someone who combines the Hajj and the 'umra. One tawaf is enough for her. If a woman starts her period after she has already done tawaf of the House and prayed, she does sa'y between Safa and Marwa and stops at 'Arafa and Muzdalifa and stones the jamras but she does not do the Tawaf al-Ifada until she is pure and has finished her menses."

20.75 The Tawaf al-Ifada of a Menstruating Woman

234 Yahya related to me from Malik from 'Abd ar-Rahman ibn al-Qasim from his father from 'A'isha, Umm al-Muminin, that Safiyya bint Huyayy began menstruating and so she mentioned it to the Messenger of Allah, may Allah bless him and grant him peace, and he asked, " Will she delay us? " and he was told, " She has already done the Tawaf al-Ifada, " and he said, " Then she will not delay us."

[cf Bukhari 1670]

235 Yahya related to me from Malik from 'Abdullah ibn Abi Bakr ibn Hazm from his father from 'Amra bint 'Abd ar-Rahman that 'A'isha, Umm al-Muminin, said to the Messenger of Allah, may Allah bless him and grant him peace, " Messenger of Allah, Safiyya bint Huyayy has begun her period, " and the Messenger of Allah, may Allah bless him and grant him peace, said, " Perhaps she will delay us. Has she done tawaf of the House with you? " They said, " Of course." He said, " So you are free to leave."

[cf Bukhari 1673]

236 Yahya related to me from Malik from Abu'r-Rijal Muhammad ibn 'Abd ar-Rahman from 'Amra bint 'Abd ar-Rahman that when 'A'isha, Umm al-Muminin, was doing hajj with women who were expecting their periods, she would hurry them to do the Tawaf al-Ifada on the Day of Sacrifice. If they started to menstruate after the Tawaf al-Ifada she did not stop for them but left with them while they were menstruating.

237 Yahya related to me from Malik from Hisham ibn 'Urwa from his father from 'A'isha, Umm al-Muminin, that the Messenger of Allah, may Allah bless him and grant him peace, mentioned Safiyya bint Huyayy and he was told that she had started her period. The Messenger of Allah, may Allah bless him and grant him peace, said, " Perhaps she will delay us." They said, " Messenger of Allah, she has done tawaf, " and the Messenger of Allah, may Allah bless him and grant him peace, said, " Then she will not delay us."

[In Abu Dawud]

Malik said that Hisham said that 'Urwa said that 'A'isha said, " We can remember, so why would people get their women to do the tawaf early if it wasn't of benefit to them? If it were as they say, more than six thousand menstruating women would still be in Mina in the morning, all of them having already done the Tawaf al-Ifada.' "

238 Yahya related to me from Malik from 'Abdullah ibn Abi Bakr from his f ather that Abu Salama ibn 'Abd ar-Rahman told him that Umm Sulaym bint Milhan asked the Messenger of Allah, may Allah bless him and grant him peace, for advice one time when she had begun menstruating, or had given birth to a child after she had done Tawaf al-Ifada on the Day of Sacrifice. The Messenger of Allah, may Allah bless him and grant him peace, gave her permission to leave.

Malik said, " A woman menstruating at Mina stays until she has done tawaf of the House. There is no escape from that for her. If she has already done the Tawaf al-Ifada and she starts to menstruate afterwards, she may leave for her country, since permission for menstruating women to leave has been transmitted to us from the Messenger of Allah, may Allah bless him and grant him peace."

He added, " If a woman starts her period at Mina before she does the Tawaf al-Ifada, and the period lasts longer than usual, she has to stay longer than the time that bleeding would usually detain women."

20.76 The Compensation (Fidya) for Killling Birds and Wild Animals in Ihram

239 Yahya related to me from Malik from Abu'z-Zubayr that 'Umar ibn al-Khattab gave the judgement of a ram for a hyena, a female goat for a gazelle, a she-goat less than one year old for a hare, and a four month old kid for a jerboa.

240 Yahya related to me from Malik from 'Abd al-Malik ibn Qurayr from Muhammad ibn Sirin that a man came to 'Umar ibn al-Khattab and said, " I was racing a friend on horseback towards a narrow mountain trail and we killed a gazelle accidently and we were in ihram. What is your opinion? " 'Umar said to a man by his side, " Come, so that you and I may make an assessment." They decided on a female goat for him, and the man turned away saying, " This Amir al-Muminin cannot even make an assessment in the case of a gazelle until he calls a man to decide with him." 'Umar overheard the man's words and called him and asked him, " Do you recite Surat al-Ma'ida? " and he said, " No." He said, " Then do you recognize this man who has taken the decision with me? " and he said, " No." He said, " If you had told me that you did recite Surat al-Ma'ida, I would have dealt you a blow." Then he said, " Allah the Blessed, the Exalted says in His Book, 'as judged by two just men among you, a sacrifice to reach the Ka'ba' (5: 95), and this is 'Abd ar-Rahman ibn 'Awf."

241 Yahya related to me from Malik from Hisham ibn 'Urwa that his father used to say, " For an oryx a cow is given and for the female of gazelles a sheep."

242 Yahya related to me from Malik from Yahya ibn Sa'id that Sa'id ibn al-Musayyab used to say, " For a pigeon in Makka, when it is killed, a sheep is due."

Malik said, speaking about if a man of the people of Makka were to enter ihram for hajj or 'umra and there were some Makkan nestlings in his house and they were shut in and died, " I think that he should pay for that with a sheep for each bird."

243 Malik said, " I still hear that when a person in ihram kills an ostrich, a camel is due."

Malik said, " I think that for an ostrich egg, one-tenth of the price of a camel is due in the same way that one pays the price of a slave, either male or female, ( for the unborn child of a free woman. The value of the slave is fifty dinars, and that is one-tenth of what the blood-mone, (in compenson) for the death of an unborn child of a free woman. The value of the slave is fifty dinars, and that is one-tenth of what the blood-money for the mother would be.

" In the case of birds of prey, eagles or falcons or vultures count as game for which a price is paid just as a price is paid for any game which a person in ihram kills. For everything for which a penalty is paid, the assessment is the same, whether the animal is old or young. The analogy of that is that the blood-money for the young and the old freeman are considered to be the same."

20.77 The Fidya for Killing Locusts in Ihram

244 Yahya related to me from Malik from Zayd ibn Aslam that a man came to 'Umar ibn al-Khattab and said, " Amir al-Muminin, I killed some locusts with my whip when I was in ihram, " and 'Umar said to him, " Give a handful of food."

245 Yahya related to me from Malik from Yahya ibn Sa'id that a man came to 'Umar ibn al-Khattab and asked him about some locusts he had killed while he was in ihram. 'Umar said to Ka'b, " Come, let us make an assessment." Ka'b said, " A dirham, " and 'Umar said to Ka'b, " You can find dirhams. A date is better than a locust."

20.78 The Fidya for Shaving the Head before Sacrificing

246 Yahya related to me from Malik from 'Abd al-Karim ibn Malik al-Jazari from 'Abd ar-Rahman ibn Abi Layla from Ka'b ibn 'Ujra that one time he was with the Messenger of Allah, may Allah bless him and grant him peace, in ihram, and he was suffering from lice on his head. The Messenger of Allah, may Allah bless him and grant him peace, told him to shave his head, saying, " Fast three days, or feed six poor people, two mudds for each person, or sacrifice a sheep. If you do any of those it will be enough for you."

247 Yahya related to me from Malik from Humayd bin Qays from Mujahid Abu'l Hajjaj from Ibn Abi Layla from Ka'b ibn 'Ujra that the Messenger of Allah, may Allah bless him and grant him peace, said to him, " Perhaps your lice are troubling you? " He replied that indeed they were, and the Messenger of Allah, may Allah bless him and grant him peace, said, " Shave your head and fast three days or feed six poor men or sacrifice a sheep."

[cf Bukhari 1719]

248 Yahya related to me from Malik that 'Ata' ibn 'Abdullah al-Khurasani said that an old man from Suq al-Buram in Kufa had related to him that Ka'b ibn 'Ujra said, " The Messenger of Allah, may Allah bless him and grant him peace, came to me while I was blowing under a cooking pot belonging to my companions and my head and beard were full of lice. He took my forehead and said, 'Shave your hair and fast three days or feed six poor people.' The Messenger of Allah, may Allah bless him and grant him peace, was aware that I did not have anything with me to sacrifice.' "

[cf Bukhari 3927]

Malik said, concerning paying compensation (fidya) for the relief of physical discomfort, " The custom concerning it is that no one pays compensation until he has done something which makes it obligatory to pay compensation just as making amends (kaffara) is only done when it has become obligatory for the one who owes it. The person can pay the compensation wherever he wishes, regardless of whether he has to sacrifice an animal or fast or give sadaqa - in Makka or in any other town."

Malik said, " It is not correct for a person in ihram to pluck out any of his hair or to shave it or cut it until he has left ihram, unless he is suffering from an ailment of the head, in which case he owes the compensation Allah the Exalted has ordered. It is not correct for a person in ihram to cut his nails, or to kill his lice, or to remove them from his head or from his skin or his garment to the ground. If a person in ihram removes lice from his skin or his garment, he must give away the quantity of food that he can scoop up with both hands."

Malik said, " Anyone who, while in ihram, plucks out hairs from his nose or armpit or rubs his body with a depilatory agent or shaves the hair from around a head wound out of necessity or shaves his neck for the place of the cupping glasses, regardless of whether it is in forgetfulness or in ignorance, owes compensation in all these instances, and he must not shave the place of the cupping glasses. Someone, who, out of ignorance, shaves his head before he stones the jamra, must also pay compensation."

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