Q. If a woman in menses performed all the rituals of Hajj except Tawaaf-e-Ziyaarah and she left the Miqaat to stay in a hotel or she went to Jeddah until she becomes pure, once she returns what Ihraam does she enter into and does any Damm apply?
A. The performance of Tawaaf-e-Ziyaarah in Hajj is an obligatory (Fardh) component of Hajj, which cannot be compensated/fulfilled in any way unless performed. If a woman in menses performed all the rituals (Manaasik) of Hajj except Tawaaf-e-Ziyaarah, she will not be absolved of exiting the state of Ihraam completely i.e. she will not be allowed to engage in conjugal relations with her husband for the rest of her life until she returns and performs the Tawaf-e-Ziyaarah.
Therefore, in the enquired case, if a woman in menses performed all the rituals of Hajj and she exited the Miqaat or she went to Jeddah from the Haram, she must return to the Haram after gaining purity and perform the Tawaaf-e-Ziyaarah immediately before returning home.
On her return to the Haram and her re-entering the Haram to perform the Tawaaf-e-Ziyaarah, she will not have to enter into a new Ihraam nor will any penalty (Damm) apply if she did not delay in returning to perform the Tawaaf-e-Ziyaarah. Once she performs her Tawaaf-e-Ziyaarah, her Ihraam of Hajj will terminate completely and she would be permitted to engage in conjugal relations with her husband. (Shaami 2/553 – Muallimul Hujjaaj 185/186)
Allah Ta’ala Knows Best
Mufti Ismaeel Bassa