6. Tawaf of Nisa’ (women) and Its Prayer
Article 667- It is obligatory to circumambulate round the house of Ka’ba with the intention of Tawaf of Nisa’ after Halq or Taqsir and to perform two Rak’at prayer with the intention of prayer of Tawaf of Nisa’ behind Maqam of Ibrahim.
Article 668- Tawaf of Nisa’ and its prayer has no difference with Tawaf of Umrah and its prayer except in Niyyah (intention); therefore, this Tawaf should also be started from al-Hajar al-Aswad and be finished to that, and Ka’ba to be in the left side during Tawaf and to observe the conditions which have been said for Tawaf.
Article 669- Tawaf of Nisa’ is obligatory for man and woman, old and young, married and single and even discriminating or indiscriminating children, and without that woman doesn’t become Halaal for man and man doesn’t become Halaal for woman, and it is a precaution for guardian of indiscriminating children to perform Tawaf of Nisa’ with them if they are bought to Umrah and have become Muhrim.
Article 670- If a pilgrim renounces Tawaf of Nisa’, whether deliberately or because of ignorance or forgetfulness then his/her Umrah is not invalidated and at has no atonement, but spouse is Haraam for him/her until returns and performs Tawaf. And if it is impossible to return or it is hard then takes a proxy, and if this person dies then his/her guardian performs Ghazaa of his/her Tawaf.
Article 671- If a person has renounced several Tawafs of Nisa’ then one Tawaf of Nisa’ is enough for all of them, and there is no difference between men and women and children in this ruling (renouncing Tawaf of Nisa’), because of Tawaf of Nisa’ is necessary for everyone and spouse doesn’t become Halaal for the person without that.
Article 672- Tawaf of Nisa’ is not obligatory in Umrah of Hajj al-Tamattu’, but Tawaf of Nisa’ is obligatory in Umrah al-Mufradah.
Article 673- Tawaf of Nisa’ and its prayer are not principles and renouncing them deliberately doesn’t cause invalidation of Hajj, although performing them is obligatory in Umrah al-Mufradah, and if a person doesn’t perform that then spouse doesn’t become Halaal for him/her; and suiting or witnessing the marriage is not also permitted as a precaution.
Article 674- Whenever a woman who has not performed Tawaf of Nisa’ menstruates and has to leave Mecca before becoming pure (like when caravan doesn’t wait for her to become pure) then it is necessary for her to take a proxy for performing Tawaf of Nisa’ and its prayer (also others who are not capable of performing Tawaf or Sa’y because of illness or another excuse should take proxy).
Article 675- If a person forgets Tawaf of Nisa’ and returns from Umrah then he/she should return personally and performs that if it is possible, and if it is not possible or has severe hardness then takes a proxy, and after that proxy performs Tawaf of Nisa’ and its prayer man becomes Halaal for woman and woman becomes Halaal for man.
Article 676- Whenever a person forgets obligatory Tawaf (including Tawaf of Umrah or Tawaf of Nisa’) and returns his/her hometown and performs sexual intercourse with his/her spouse, if it has been performed because of forgetfulness and ignorance about the issue the it has no atonement, but if it the person knew about the issue and has performed deliberately then he/she should pay the atonement, and its atonement have been mentioned in Muharramat of Ihram, and should act according to previous article.
Question 677- Is it obligatory for proxy to perform Tawaf of Nisa’ for himself/herself moreover Tawaf of Nisa’ which he/she performs with the intention of delegator?
Answer: It is not obligatory?
Question 678- How is the intention of proxy in Tawaf of Nisa’?
Answer: It is a precaution to make the intention of “ ما فی الذمّه” (Thing that is upon him/her to do), although he/she can perform with the intention of delegator.
Question 679- Is it permissible to perform Tawaf of Nisa’ some days after Sa’y and Taqsir, or it should be performed immediately after Sa’y and Taqsir?
Answer: Delaying Tawaf of Nisa’ doesn’t have problem.
Question 680- A man told his wife: “My duty is to perform Tawaf of Nisa’ (women), but you should perform Tawaf of Rijal (men)”! And woman performed Tawaf with this intention. Does it suffice?
Answer: It doesn’t have problem, because his purpose has been to perform the duty which is related to Hajj (although there is nothing called Tawaf of Rijal).
Question 681- A person doubts after returning from Mecca that whether he has performed Tawaf of Nisa’ of Umrah al-Mufradah or not. What is his duty?
Answer: If he has known about the necessity of Tawaf of Nisa’ totally then says that I have performed, and if he didn’t have known about its necessity then it is obligatory precaution to perform Tawaf of Nisa’, and if he can not perform it personally then takes a proxy.
Question 682- A person has performed foreplay with his wife before performing Tawaf of Nisa’ and has touched with sexual desire. Does it have atonement?
Answer: It has atonement as obligatory precaution, but it doesn’t have atonement in case of forgetfulness or ignorance about the issue.
Question 683- If a proxy doesn’t perform Tawaf of Nisa’ then is only spouse Haraam to him/her or he/she has something upon that even if he/she dies then Ghazaa of that should be performed on behalf of him/her?
Answer: He/she has something upon him/her; and he/she should perform it personally during his/her life and it he/she cannot then he/she should take proxy.
Question 684- Is Tawaf of Nisa’ obligatory for old men and women who are not conventionally capable of sexual intercourse and do not performed marriage, also effeminate persons?
Answer: Everyone should perform.
Question 685- A man and his wife went to Mecca and performed rituals, but woman renounced Tawaf of Nisa’ and its prayer because she didn’t like her husband and her husband didn’t perform them either and they returned their hometown. What is the ruling of this couple about being Mahram and living in one house?
Answer: This husband and wife cannot only have sexual tasks and pleasures until they return and perform Tawaf of Nisa’ and its prayer and if they cannot then they should take a proxy; which means ask people who go to Mecca to perform Tawaf of Nisa’ and its prayer as their proxy.
Question 686- You highness say that “woman doesn’t become Halaal to man and man doesn’t become Halaal to woman without Tawaf of Nisa”. Is your purpose sexual intercourse or does it include other sexual pleasures?
Answer: It also includes other pleasure.
Question 687- If a person who has renounced Tawaf of Nisa’ performs sexual intercourse with his wife and they have a child then does this child legitimate and inherit them?
Answer: Their child is legitimate anyway and inherits them.
Question 688- A person who has not performed Tawaf of Nisa’ has married a woman in this condition, is their marriage correct?
Answer: Their marriage in invalidated and if he had knowledge about the issue then that woman become Haraam for him forever.
Question 689- If a person who has not performed Tawaf of Nisa’ of Umrah al-Mufradah performs Hajj al-Ifrad after that then does Tawaf of Nisa’ of Hajj al-Ifrad suffice?
Answer: Yes, it suffices.
Question 690- A person has forgotten Tawaf of Nisa’ of Umrah al-Mufradah and has become Muhrim for Umrah al-Tamattu’. Should he/she perform foresaid Tawaf before performing Umrah al-Tamattu’ or after that?
Answer: This person can perform that after performing the acts of Umrah al-Tamattu’. And if delays that then Tawaf of Nisa’ of Hajj is enough.
Article 691- “Masdood” is a person who is prevented of performing the rituals after the Ihram of Umrah or Hajj by another person (enemy of government agents), and “Mahsoor” is a person who cannot perform the rituals of Hajj or Umrah because of illness or limb fracture or getting injured and like them.
Article 692- A person who wears Ihram of Umrah or Hajj should finish Umrah or Hajj and if he/she doesn’t perform then he/she remains in Ihram, but if Muhrim becomes Masdood or Mahsoor then he/she should act to future orders for exiting Ihram.
Article 693- A person who becomes Muhrim to Ihram of “Hajj” or “Umrah” and enemy or another person like government agents or thieves or other than them prevent him/her from going to Mecca and has no other way for going there, or if there is another it costs, sacrifices in that place and exits the state of Ihram and it is a precaution to sacrifice with the intention of exiting from the state of Ihram. Also it is a precaution to shorten the hair of the head and if he/she cannot find sacrifice then makes the intention of exiting Ihram in that place and it is a precaution to perform fasting for ten days (as it has been explained before) instead of sacrifice, and if he/she cannot perform in that place in that way then performs all of that after return.
Article 694- If a person enters Mecca with Ihram of Umrah and enemy or another person prevents him/her from performing the acts then he/she has the ruling of previous article.
Article 695- Whenever a person goes to prison because of debt or another accusation or by oppression then has the ruling of previous article.
Article 696- If after Ihram they ask for money for going to Mecca or issuing the permission for performing the acts, if he/she has affordability then he/she should pay, unless it causes severe hardness for him/her and if the person doesn’t have affordability or there is hardness then has the ruling of “Masdood”.
Article 697- If a way is blocked and there is another way to go and Muhrim also has its costs then remains in Ihram to go through that way.
Article 698- It is a precaution to wait for Masdood if he/she hopes for removing the obstacle; but if he/she doesn’t think that obstacle may be removed then he/she can act according to the order that has been said for “Masdood”.
Article 699- “Mahsoor” is a person who cannot perform the acts of Umrah or Hajj because of illness, getting injured or fracture of limbs and like them if he/she is Muhrim to Ihram of Umrah al-Mufradah and has to return home because of illness or like that or should be hospitalized in that place, and anyhow cannot perform Umrah. Such a person should send the cost of one sacrifice two Mecca and arrange with his/her friends to sacrifice for him in a specific day and hour in Mecca and then performs Taqsir in that specific time and exits Ihram and everything becomes Halaal to him/her except spouse, until he/she heals and performs Umrah al-Mufradah, and if he/she gets well and cannot perform Umrah then takes a proxy and if there is no one to sacrifice for him in Mecca then performs sacrifice in place that he/she is and exits Ihram and if this is not possible either then sacrifices after returning hometown.
Article 700- Whenever ill person heals after sending sacrifice or its cost, in the way that he/she can go toMecca, then should go to Mecca and performs the acts.
Article 701- Persons who are not ill but cannot go to Mecca after Ihram because of another excuse (like the person whom his/her waist or leg is broken, or is very week because of bleeding) have the ruling of ill persons.
Question 702- Is accident in the state of Ihram includes under the title of Mahsoor, and the person who has the accident should perform rulings of Mahsoor?
Answer: Yes, whenever conditions of “Hasr” (restriction) occurs then ruling of Mahsoor applies to that.
Question 703- If a person recites the invocation of “Shart” (condition), which is Mustahab to recite while making the intention of Ihram, and places the condition of exiting from Ihram by occurring an obstacle then does ruling of Masdood and Mahsoor applies to him/her if he/she become Masdood or Mahsoor or exits from Ihram immediately by occurring these two conditions without sacrifice?
Answer: This person can exit the state of Ihram, but sacrifice is obligatory for him/her and the effect of condition appears in other aspects.
Question 704- A person gets injured in medina. Others bring him to Masjid al-Shajarah and become Muhrim. Is Ihram of such person correct? In case of correctness, if he cannot perform rituals of Umrah then what is his duty?
Answer: His Ihram is correct. If he can perform Umrah, although by help from proxy in Tawaf and Sa’y then his Umrah is correct, and if he cannot perform then it is a precaution to act according to the ruling of Mahsoor.