Mazoor performing Tawaaf

There is a fatwa added in the PDF section in Urdu from DU Karachi endorsed by Mufti Taqi Uthmani which acknowledges the difficulty for someone who may not fulfil the criteria of Shari' ma'zoor and yet has great difficulty in performing the full tawaf in the state of wudhu.

Question:

A woman in Britain suffers from chronic constipation and takes medication for it. As a side effect, she experiences frequent "release of wind" (flatulence), which invalidates her wudu (ritual purity). She often has to perform wudu multiple times just for one prayer. She is concerned about her upcoming Hajj, specifically how to perform the Tawaf (circumambulation of the Kaaba), as she fears she cannot maintain purity throughout the ritual.

Specific Questions:

1. Status of the "Excused" (Ma'zoor): Can she be classified as "religiously excused" (Ma'zoor-e-Shar'i)? Who fits this definition in Islamic law, what are the rules for them, and how should they perform prayer, recitation, and Tawaf?

2. Procedures if Not Excused: If she does not meet the strict criteria for being "excused," how should she perform her rituals? Is it mandatory to perform a fresh wudu every single time her wudhu (purity) is broken during these acts?

3. Hardship during Tawaf: If the interval of purity is so short that she cannot complete the Tawaf with one wudhu, and repeating it multiple times causes extreme hardship (haraj), what is the ruling? If she completes the Tawaf while wind is being released, will she owe a penalty of Dam (sacrificing a small animal like a goat or sheep)?

4. Tawaf-e-Ziyarat Penalty: If she performs the mandatory Tawaf-e-Ziyarat in this state, would she owe a Badana (a large sacrifice, such as a cow or camel)? The questioner notes that different books of jurisprudence provide conflicting answers, some say Dam (goat/sheep), others say Badana and requests a clarified ruling with references.

5. Voluntary Tawaf: Is it permissible for her to perform voluntary (Nafl) Tawaf despite this condition, or is it better for her to avoid them?

Answer:

"Please note that if someone is in a condition due to illness where their wudhu (ablution) breaks repeatedly, for example, he repeatedly passes the same urine or repeatedly leaks urine or continuously bleeds due to piles, and his condition is such that during the entire prayer time he does not get enough time and space to perform ablution and perform the obligatory prayer of that time. Therefore, if this person does not get enough time during any prayer time without an excuse in which he can perform only the obligatory and obligatory prayer of that time, then such a person is considered religiously excused (Mazoor Shar'i)

For such a person, the ruling for prayer and recitation, circumambulation, etc., it is sufficient for him to perform ablution once during each prayer time. Then, during this entire time, the person with the excuse will not have his ablution invalidated due to the specific excuse that caused him to become Mazoor Shar'i . However, the ablution will be invalidated by other things that invalidate ablution. Also, if once during any complete time of prayer such a situation has occurred that the excuse mentioned above continues throughout the entire time of prayer, then until a subsequent complete time passes without this excuse, this person will remain Mazoor Shar'i due to this excuse. However, if this excuse has not occurred even once during the entire time of a prayer, then he will not remain Mazoor Shar'i. That is, after becoming Mazoor Shar'i once according to the Sharia rule, it is not a condition that the same condition should remain throughout the following times or that the excuse should cover the entire time and that release of wind, drops of blood or urine should continue to come at all times. Rather, if the excuse occurs even once during the entire time, he will remain Mazoor Shar'i. As long as he is Mazoor Shar'i, performing ablution once during each prayer is sufficient for him. Therefore, if the condition of the aforementioned woman occurs at any time, she can act accordingly for prayers, recitation, circumambulation and other acts of worship."

(2) If the woman is not legally ma'zoor according to the above explanation, as is evident from the question, then it is necessary to perform prayers, recitations, etc. with regular ablution during the period during which she is not experiencing any discharge, and it is also necessary to perform Tawaf with regular ablution during the period of purity during which she is not experiencing any discharge; because the jurists, (may Allah have mercy on them), have made prayer the criterion for becoming legally ma'zoor, and have not stated any separate criterion for Tawaf. Therefore, the general requirement is that a person who is not legally ma'zoor for prayers should not be legally ma'zoor for Tawaf either, and in that case, it is obligatory for him to perform Tawaf during the period during which he remains free from this excuse. Therefore, the woman in question should perform ablution and begin the Tawaf at a time when her wind is not coming out. If her wind comes out during the Tawaf, she should stop the Tawaf and perform ablution again, and then begin the Tawaf from where she left the Tawaf. If it is possible for the woman to complete her Tawaf in this way, she should complete her Tawaf in this way.

(3) If it is difficult to perform Tawaf by performing ablution again and again due to the short period of retention of wudhu (ablution), and this is also the observation and experience in the present era, and it is not possible for the woman to extend the period of wudhu by any permissible measure, or if it is very difficult and she is not able to enter a state of Shari' Ma'zoor (from a Salah perspective), then in such a situation, there is a possibility of performing the obligatory (Fardh or Wajib) Tawaf in this condition, and because of this, there will be no penalty for her, whether dum or badanah; because this is a natural excuse, and according to the Muftaa bihi opinion (the opinion that has been agreed upon in the Hanafi school), wudhu (purification) is wajib for Tawaf, not a condition, and according to the jurists (may Allah have mercy on them), if any of the wajib acts of Hajj is abandoned due to natural causes, no penalty is due.

The rule in this regard is stated in Zubdatul al-Manasik, page 345:

Rule: If any of the wājib acts of Hajj or ʿUmrah are omitted due to a genuine excuse, no penalty (dam) is required. However, this refers only to a valid Sharʿī excuse granted by Allah Almighty (natural excuse); excuses arising from personal negligence or created circumstances are not considered valid.

In ʿUmdat al-Fiqh (p. 170), it states in full:

“The wājib acts of Ṭawāf — meaning those acts whose omission does not invalidate the Ṭawāf, though compensation may become necessary — are seven:

1. Purification from major ritual impurity (ḥadath akbar) and minor ritual impurity (ḥadath aṣghar).

2. Covering the satr during Ṭawāf.

3. Whoever is able to walk should perform the Ṭawāf on foot.

...(there is a bit more translation to complete, but the main section above is covered)

• Ma'zoor-e-Shar'i: Someone who has a physical condition (like continuous bleeding or gas) that lasts for an entire prayer time, making it impossible to remain pure.

• Dam: A penalty involving the sacrifice of a small animal.

• Badana: A major penalty involving the sacrifice of a large animal (camel/cow), usually reserved for performing Tawaf in a state of major ritual impurity.

• Tawaf-e-Ziyarat: The essential Tawaf performed during Hajj.