The Requirement of Tahara for Reciting / Touching The Quran:
This article is an appendix in the author's book, How to Approach and Understand the Quran (Denver, CO: Dar Makkah, forthcoming).
Introduction:
The Quran must play a central role in the life of every Muslim. Muslims should turn to the Quran and read it on a daily basis, if possible. Since many Muslims desire to read the Quran as often as they can, it becomes of vital importance to know what conditions might exist for the reciting or touching of the Quran. That is, are there some times or occasions in which a Muslim is not allowed to recite or touch the Quran due to being in a state of "impurity"?
This question is obviously of extreme importance for Muslim sisters. They are the ones who will be most affected by the answer to this question since they have long periods of "impurity" (menstruation and post partum bleeding). If it can be shown that they are not allowed to touch the Quran during such states, they must not do so as an act of obedience to Allah. However, if such is not found to be true, then they may be prevented from the important act of reading the Quran because of a misunderstanding or wrong fiqh conclusion.
Unfortunately, although this is a very important question, many different opinions abound on this question. Each opinion, obviously, has some evidence for it. Therefore, in order to make an intelligent conclusion concerning this question, all of the different evidences must be dealt with and weighed. Only after that process may one make a conclusion on this matter. An attempt shall be made here to cover all of the major different opinions on this question as well as discuss which seems to be the weightiest.
Actually, two questions need to be answered and each shall be dealt with separately. These two questions are the following:
(1) What are the requirements of tahara (being in a state of ritual purity), if any, for reciting the Quran? (This is in reference to simply reciting the Quran, for example, from memory, without actually touching a physical copy of the Quran.) Must one be free of both major and minor impurities or is freedom from major impurities alone sufficient?
(2) What are the requirements of tahara, if any, for touching the Quran?
Again, must one be free of both major and minor impurities or is freedom from major impurities sufficient? [1] (check the footnotes)
Note that this article is only concerned with the "requirement" of being in a state of purity. It is not concerned with the recommendation or behavior of reading the Quran [2]. Scholars such as Imam Malik used to always like to be in a state of purity even while teaching the hadith of the Prophet (peace be upon him). In fact, that is mentioned as one of the recommended acts for teaching hadith. This is not because such is a requirement for teaching hadith. This was, however, to show respect to the subject being taught. Similarly, as was discussed in the earlier referred to article, being in a state of purity while reading the Quran will affect one's frame of mind and outlook. It will, Allah willing, help the person benefit more from the Quran. Again, that is a separate question from what is being discussed here.
What is Meant by"Major" and"Minor" Impurities:
Tahara ("ritual purity") may be defined as being free of all impurities, major or minor.
A minor impurity is one that may be removed by the performance of ablution (wudhu). For example, after defecation or urination, one is considered to be in a state of minor impurity and he must make ablution before he is considered "pure" to perform the salat (prayer).
A major impurity requires the performance of ghusl or a complete washing. After sexual intercourse, for example, one must make ghusl before one is considered "pure" for salat. Menstruation and postpartum bleeding are considered forms of major impurities. In those cases, after such conditions come to an end, women are required to make ghusl before salat [3].
Recitation of the Quran in the Presence of "Minor Impurities":
The first question concerns reading the Quran without touching it while in the state of "minor ritual impurity". On this point, however, there are two approaches to the question. One is the issue of its permissibility and the second is the issue of its recommendation.
According to al-Nawawi, there is a consensus (ijma) that it is permissible to recite the Quran while in a state of "minor ritual impurity". AlNawawi stated:
"Muslims agree that it is permissible for the one with minor impurities to recite the Quran although it is better for him to purify himself for that act. This was stated by Imam al Haramain [al-Juwaini] and by al-Ghazali in al-Basit. We do not say that it is disliked (makruh) for the one with minor impurity to recite the Quran. It is confirmed that the Prophet (peace be upon him) would recite it while in a state of minor impurity." [4]
This opinion is based on the following reports:
"Aisha narrated that the Prophet (peace be upon him) would make remembrance of Allah (dhikr) at all times." (Recorded by Muslim.)
Aisha has used a general word of dhikr or remembrance of Allah. This encompasses all types of remembrance of Allah, including reciting the Quran. One cannot argue that what Aisha meant is remembrance of Allah except for the Quran unless one presents sound evidence to that effect. In the absence of said evidence, Aisha's statement is understood in its general sense to include the recitation of the Quran. Another hadith used as evidence is the following:
Ali stated, "The Messenger of Allah (peace be upon him) would answer the call of nature then come out and recite the Quran and eat meat with us. Nothing would keep him from reciting the Quran except being in the state of janaba (sexual defilement)." (Recorded by Abu Dawud, al-Nasai, al-Tirmidhi, ibn Majah and Ahmad.)
Al-Tirmidhi recorded this narration with the wording, "We would recite the Quran under any circumstances as long as one was not sexually defiled." This narration is clearer in stating that the Quran was recited by the Prophet (peace be upon him) as long as he was not sexually defiled. Hence, being in a state of "minor impurity" did not prevent him from reading the Quran.
After recording the above narration, al-Tirmidhi called the report, "Hasan sahih." A number of other scholars also called this narration authentic. Among those scholars are ibn Hibban, ibn al-Sakin, Abdul Haqq, al-Baghawi and ibn Khuzaimia[5] Ibn Hajr called it hasan[6].
However, that conclusion seems to be incorrect. This hadith was narrated from Abdullah ibn Salima who became senile in his old age and did not transmit hadith properly afterwards. This particular hadith is from his later narrations. This is why other specialists in hadith rejected this hadith, including Al-Shafi, Ahmad, al-Baihaqi, al-Nawawi, alMundhiri, al-Shaukani, al-Albani[7a]. These scholars, as is well-known, are much more exacting in their grading of hadith than the scholars mentioned earlier who accepted this hadith. [7b]
Furthermore, the reason for rejecting the narrator Abdullah ibn Salima has been clearly stated. It is a principle of hadith that when a disparaging conclusion (jarh) that is explained has been made about a person, it takes precedence over the statements accepting said narrator, since the scholars who rejected the narrator must have possessed some knowledge that the other scholars who accepted the narrator did not possess.
Therefore, this hadith must be considered weak and cannot be used as a proof on this particular question.
A third hadith that may be used as evidence on this point is the following:
Ibn Abbas narrated that he spent the night in his aunt Maimuna's house, the wife of the Prophet. He stated that the Prophet (peace be upon him) slept until midnight or a little before or after that. The Messenger of Allah (peace be upon him) awoke and wiped the sleep from his face with his hand. Then he recited the last ten verses of Surah ali-Imran. Then he went to a hanging waterskin and made an excellent ablution from it. Then he stood and prayed. (Recorded by al-Bukhari.)
The apparent meaning of this hadith demonstrates that it is permissible to recite the Quran while not in a state of purity. The Prophet (peace be upon him) did such before making ablution for the prayer. However, ibn al-Munir does not accept this argument. He says that this argument rests upon the Prophet's sleep as invalidating his ablution. However, the Prophet (peace be upon him) stated, "My eyes sleep but my heart does not." Hence, his sleep does not invalidate his ablution. Therefore, he may have been simply refreshing his ablution or he may have invalidated his ablution after reciting those verses. Ibn Hajr states that ibn al-Munir's argument is acceptable when it is in reference to the Prophet (peace be upon him) rising from his sleep. However, the Prophet (peace be upon him) then making ablution is apparent evidence that he was in a state of "minor impurity" when he read those verses. Therefore, even if one argues that his sleep does not invalidate his ablution, that does not necessarily imply that he had not invalidated his ablution in another way (passing gas) while sleeping.[8]
Of the above narrations, only the narrations from Aisha and from ibn Abbas can be considered acceptable as proofs. Both of them demonstrate that it is permissible for the one who has a minor impurity to recite the Quran from his memory without actually touching the Quran. In fact, the asl or original stance is that of permission and the burden of proof is upon anyone who would claim that it is not permissible. However, the majority or the consensus of the scholars, as al-Nawawi stated, are of the opinion that reciting while in a state of "minor impurity" is permissible.
All of the above, however, simply concerns the permissibility of the act. It states nothing about what must be considered preferable. The following hadith shed more light on this question:
Al-Muhajir ibn Qanfidh narrated that he greeted the Prophet (peace be upon him) while the Prophet (peace be upon him) was making ablution. The Prophet (peace be upon him) did not respond to him until he had finished performing ablution. Then he said,
"Nothing kept me from responding to you except that I disliked to mention the name of Allah while I was not in a state of purity." (Recorded by Ahmad and Abu Dawud.)
Similarly, al-Bukhari and Muslim record the following: Abu al-Jahm ibn al-Harith stated that while the Messenger of Allah (peace be upon him) was coming from the direction of Bi'r Jamal, a man met him and greeted him. The Messenger of Allah (peace be upon him) made no response until he came to the wall, wiped his face and hands and then returned his salutation.
Bringing together these different evidences quoted above, Al-Mutairi makes the following conclusion, which is also the opinion of the vast majority of the scholars:
"This report [above from Abu al-Jahm ibn al-Harith] and the preceding one [from al-Muhajir] point to the disapproval of making mention of Allah while one is in a state of minor ritual impurity. This is a light form of disapproval and not a major form [that is close to prohibition]. If that is true for making mention of Allah [in general] then it is more so true in the case of reciting the Quran which is a greater form of dhikr [remembrance of Allah]. However, what we stated earlier [the earlier hadith of Aisha, ibn Abbas and Ali] points to the legality of reciting the Quran while one is an a state of minor impunty. If someone states: 'What you have stated here contradicts what you stated earlier because what you stated earlier implies prohibition and what you stated now implies pennission.'
The response is: The correct position is to combine the proofs and understand the evidences presented proving legality as showing that it is permissible [to recite the Quran while in a state of minor ritual impurity] and the contradicting evidence as showing that it is recommended [to be in a state of ritual purity]. In that way, all of the evidences are combined and used. This is preferred whenever possible and it is possible here."[9]
Therefore, the conclusion here is: it is preferred that the person be in a state of ritual purity for reciting the Quran without actually touching it. However, this is not a must. It is permissible for the one in a state of minor ritual impurity to recite the Quran without actually touching the Quran.
Recitation of the Quran (without touching the Quran) by one in a "Major State of Impurity":
On the previous question, the stronger and correct opinion, Allah willing, seemed to be quite clear. For that reason, there is very little difference of opinion on that point. However, the issue of reciting the Quran while in a state of "major impurity" is a much more debatable question. Indeed, in order to analyze this question properly, two types of major impurities must be discussed separately: the case of sexual defilement (Janaba ) and the case of menstruation and postpartum bleeding.
Recitation of the Quran by One who is Sexually Defiled:
The situation of a sexually defiled person is unique. He is considered in a state of "major impurity". However, he has the ability to "purify himself" at any time that he (or she) so desires. Simply by making ghusl or tayamum (depending on the situation), the person is no longer considered sexually defiled. Furthermore, he must do that before the ending of the time of the coming prayer. Therefore, he neither remains in that state for very long nor is he prevented from leaving that state at any time he desires.
Given all of the above, is it permissible for such a person in such a state of impurity to recite the Quran without touching it? The scholars are divided in their response to this question. Some scholars say that it is not permissible while others say it is permissible.
Analysis of the First Opinion: It is Permissible for the Sexually Defiled to Recite the Quran:
Ibn Abbas, Salman al-Farsi, Saeed ibn al-Musayyab, al-Bukhari, al-Tabari, ibn al-Mundhir, al-Albani and the Dhahiri school of fiqh were all of the opinion that it is permissible for the sexually defiled person to recite the Quran. They do not distinguish between reciting simply one or two verses or a large portion of the Quran. A number of proofs are offered in order to substantiate this view. Each shall be discussed separately below.
The First Proof:
The hadith from Aisha:
"The Prophet (peace be upon him) would make remembrance of Allah at all times." (Recorded by Muslim.)
The Quran is a form of remembrance of Allah. When Aisha made such a statement, she was implying that the Prophet (peace be upon him) would also make that form of remembrance of Allah under any occasion, even while sexually defiled.
However, this evidence may be responded to by saying that it is general (a'am) and can be particularized by other evidences. That is true, as long as the particularizing evidence is authentic. If no such evidence can be presented, then the hadith stands and applies to all of the forms that Aisha's general statement may apply to, including reciting the Quran.
The Second Proof:
The proponents of this view also cite the letter, recorded by al-Bukhari, that the Prophet (peace be upon him) wrote to the Emperor of Rome. In this letter, the Prophet (peace be upon him) included some verses of the Quran. The argument here is that the Prophet (peace be upon him) sent that letter to a disbeliever who is impure, even more than being sexually defiled. This letter was obviously sent to the Emperor for him to read it. It was, therefore, permissible for the Emperor to touch that letter and to read those verses of the Quran.
Ibn Hajr responds to this argument. He states that the letter contains more than those verses from the Quran. It is similar to books of fiqh or tafir that happen to contain some verses of the Quran. According to the majority of the scholars, it is permissible for a sexually defiled person to read such books because his intention is not the "reading" of the Quran.[10]
The Third Proof:
This was the view of some of the Companions of the
Prophet (peace be upon him). Ibn Abbas was reciting the Quran while he was sexually defiled. When that was pointed out to him, he stated, "What I have inside of me [memorized from the Quran] is more than what I have recited." He also stated, "There is no harm if the sexually defiled person recites a verse or such."
However, this was the opinion of one of the Companions. The Statements of the Companions does not have great weight when it is contradicted by statements of other Companions, which is the case here, as shall be shown shortly.
The Fourth Proof:
The fourth proof invokes a legal maxim. This is the principle of "original freedom" of responsibility or prohibition. That is, the burden of proof is upon those who say that it is not allowed for the sexually defiled person to read the Quran. If they cannot offer such proof, this principle can be invoked and the conclusion will have to be that it is permissible for the sexually defiled person to read the Quran. Obviously, this argument can only be put forth if all of the arguments of prohibition are rejected or refuted. These arguments are presented below.
Analysis of the Second Opinion: It is Not Permissible for the Sexually Defiled to Recite the Quran:
In general, the Hanafis, Malikis, Shafis and Hanbalis say that it is not allowed for the sexually defiled petson to recite the Quran. This opinion has also been narrated from Umar ibn al-Khattab, Ali ibn Abu Talib, al-Hasan al-Basri, Ibrahim alNakhai, al-Zuhri and Qatada.[11] The proofs for this position are the following:
The First Proof:
The first proof these scholars usually offer is the hadith from Ali that was discussed earlier:
Ali stated, "The Messenger of Allah (peace be upon him) would answer the call of nature then come out and recite the Quran and eat meat with us. Nothing would keep him from reciting the Quran except being in the state of janaba (sexual defilement)." (Recorded by Abu Dawud, al-Nasai, al-Tirmidhi, ibn Majah and Ahmad.)
As was already stated and discussed in detail, this is a weak hadith that may not be used as evidence in law.
Even if it were accepted that this hadith is authentic, it does not necessarily imply that it is forbidden for the sexually defiled person to recite the Quran. Ibn Khuzaima, one of the scholars who accepts this hadith, wrote:
"There is no proof in this hadith for those who say that the sexually defiled person may not recite the Quran. There is no prohibition in this report; it is simply a narration of his [the Prophet's] actions. Nor does it state that the Prophet (peace be upon him) prevented that act due to sexual defilement.[12]
Al-Mutairi has replied to this objection. He states that Muslims are obliged to follow the Prophet (peace be upon him) in what he did as well as what he avoided (tark). He cites three examples of this nature: not performing the call to prayer before the Eid Prayers, not reciting aloud in the Noon and Afternoon Prayers and not washing the bodies of the martyrs[13]. However, although the principle al-Mutairi invokes is sound, there is a difference in this particular case from the cases that he mentioned. In two of the examples al-Mutairi mentions, the normal case or the common case was for the Prophet (peace be upon him) to do the opposite of what he did, for example, to give the call to prayer. Hence, when the Prophet (peace be upon him) explicitly and clearly did not perform an act of that nature, it is a must that he be followed in that manner. As for the prayer, the Prophet (peace be upon him) has stated, "Pray in the manner that you have seen me praying." (Recorded by al-Bukhari.)
Hence, the difference in reciting is not simply the application of the principle al-Mutairi cited. Therefore, even if this hadith is considered authentic, it does not necessarily point to the act being prohibited. Simply based on this hadith, one could say that the act is either disapproved or forbidden, although one cannot state with certainty which of the two it is.
The Second Proof:
Al-Mutairi and al-Arnaut cite the narration below as supporting evidence for the hadith of Ali just discussed. According to them, this narration strengthens the previous hadith and raises it at least to the level of hasan. Furthermore, al-Mutairi states that it makes it clear that what is meant in the previous hadith is that it is not permissible to recite the Quran while sexually defiled.
Ali was brought water and he rinsed his mouth and his nose three times. Then he washed his face three times. Then he washed his hands and forearms three times. Then he wiped his head. Then he washed his feet. Then he said, "This is how I saw the Messenger of Allah (peace be upon him) making ablution. Then he read some verses of the Quran. Then he said, "That is for the one who is not sexually defiled. As for the one who is sexually defiled, he may not do so, not even one verse." (Recorded by Ahmad.)
Al-Mutairi states that ibn Hajr, when he called the previous hadith hasan, must have relied upon this narration as supporting evidence for that hadith as otherwise the principles of the sciences of hadith would lead one to reject the previous hadith (discussed under "The First Proofi').[15]
This hadith in Musnad Ahmad is narrated by narrators who may be called sadooq or "honest". This implies that their hadith are hasan. However, one exception to that is the narrator who narrated this incident from Ali. This was Abu al-Ghuraif. This narrator is only considered trustworthy by ibn Hibban, whose ranking of narrators as trustworthy itself cannot be trusted. Abu Hatim's statement about him shows that he considered him a weak narrator.[16]
Furthermore, this hadith can only be used as supporting evidence for the hadith of Ali if it is determined that this narration itself is not a mistake. One of the narrators of this hadith is Aidh ibn Habeeb. Although he is trustworthy, ibn Adi points out that he had a number of narrations that were rejected or shown to be wrong. This is probably the case here.
This conclusion is reached because other, stronger narrators narrate this incident as a statement of Ali and not as a statement of the Prophet (peace be upon him). This is how it was recorded by al-Daraqutni, ibn Abu Shaibah and al-Baihaqi.[17]
Therefore, it is not acceptable to use this hadith from Musnad Ahmad as supporting evidence for the previous hadith from Ali. It cannot be used as supporting evidence because it must be concluded that it is a mistaken narration. The correct narration is not in the form of a statement of the Prophet (peace be upon him) that would have been supporting evidence but as a statement of Ali himself.
Finally, al-Albani points out that the last portion of this hadith from Musnad Ahmad does not state explicitly that it was the Prophet's statement [18]. That is, this narration itself does not make it clear if it was Ali's statement or the Prophet's statement. If it were Ali's statement, again, it cannot be used as supporting evidence for the earlier hadith discussed under "The First Proof" above.
The Third Proof:
Many Companions of the Prophet (peace be upon him) were of the opinion that it is forbidden for the sexually defiled person to recite the Quran. Note the following:[19] Umar ibn al-Khattab said, "The sexually defiled person must not recite the Quran." (Recorded by ibn Abu Shaibah and al-Baihaqi.)
Ibn Masud was once told that he was reciting the Quran after he had urinated (and without making ablution). He replied, "I am not sexually defiled." (Recorded by ibn Abu Shaibah.)
Ali said, "[The sexually defiled person] must not recite the Quran, not even one verse." (Recorded by ibn Abu Shaibah and al-Baihaqi.)
However, as was noted earlier, there was no consensus among the Companions on this point. Therefore, the different opinions of the Companions need to be weighed on their own merits.
The Fourth Proof:
Al-Mutairi states the following as a rational proof for this position:
The sexually defiled person may purify himself with water or soil at any time he wishes. Therefore, he has no excuse to recite the Quran while in a state of sexual defilement.[20]
This cannot be considered a rational proof for said prohibition. This could be a reason or wisdom behind said prohibition. But, in that case, one would first have to prove the prohibition and then one may state the above as part of the wisdom behind the prohibition. However, this cannot be considered a proof by any means.
A Subpoint to This Opinion:
The scholars seem to be in agreement that the sexually defiled person may make dhikr or remembrance of Allah. Therefore, they may use invocations and such that are from the Quran but which are not stated with the intention of reciting the Quran. That is, for example, one may say,
Bismillah hirrahmanir raheem
or,
Alhamdullilah
although these are part of the Quran.
However, they differ about stating a verse that is distinguishable from the normal speech of humans.[21] According to the Shafis and one narration from Ahmad, a sexually defiled person may not recite any portion of the Quran, no matter how small, regardless of whether he intended to read the Quran or not. This is based on the generality of the above proofs for prohibition. These proofs do not distinguish between a small amount of the Quran and a great amount. All of it is Quran.
The Hanafis and another narration from Ahmad do not prohibit the reciting of the Quran if it is a small amount and the person did not have the intention to read the Quran.
On this particular point, the opinion of the Shafis seems to be stronger because, based on the evidences of these two groups, the evidences are general and there is no proof to restrict them. Allah knows best.
Conclusion Concerning the Reciting of the Quran by the Sexually Defiled Person:
An analysis of the two opinions demonstrates that most of the proofs offered on this question have some weakness to them. Most of the arguments for permission are general and ambivalent. Most of the arguments for prohibition are weak in their being traced all the way back to the Prophet (peace be upon him).
One is forced to make the following conclusions:
One authentic hadith traced all the way back to the Prophet (peace be upon him) is the hadith of Aishah which states that the Prophet (peace be upon him) used to mention Allah under all circumstances. The remembrance of Allah would include reciting the Quran. This is a general statement. However, one must offer proof to restrict it and say that it does not include reciting the Quran while sexually defiled. If no such proof is given, and the conclusion here is that no such proof is given, then the hadith is to be taken in its generality.
The hadith of ibn Abbas is also authentic. Its apparent meaning is that the Prophet (peace be upon him) recited some verses of the Quran and then he preceded to make ablution afterwards.
Furthermore, the legal maxim of freedom of responsibility and prohibition may be invoked here. As long as there is no confirmed prohibition, the act must be concluded to be permissible.
Therefore, the conclusion here is that there is no proof that the sexually defiled person may not recite (without touching) the Quran. Allah knows best.
However, as was stated earlier concerning reading the Quran while in a state of minor impurity: It is disapproved or makruh to recite the Quran while in a state of sexual defilement [22].The proofs for that are the same as the proofs that demonstrate that it is disapproved to mention Allah while in a state of minor impurity.
If a person has the ability to make ghusl before mentioning or reciting any portion of the Quran, this is the best and most proper behavior. If he plans on studying the Quran and benefiting the most from the Quran, he should do his best to make himself internally and externally pure and ready to benefit from the blessings of the Quran.
Recitation of the Quran by Menstruating/Post-Partum Women:
It has been ordained by Allah that the vast majority of women experience menstruation. It has also been ordained by Allah that the vast majority of women who bear children will have a period of bleeding after childbirth (postpartum bleeding). The length of menstruation and postpartum bleeding differs among different women and even for the same woman from one time to another. Is it a requirement for women not to recite the Quran during such times? This is an important question because, for some women, those times may be quite lengthy and the effects of not being allowed to recite the Quran during that lengthy period are quite obvious.
On this particular question, there are, once again, two major opinions: prohibition and permission. Each opinion shall be analyzed separately followed by a conclusion. However, in this case, the opinion of prohibition will be treated first.
Note that the issue here is that of such women reciting the Quran without actually touching the Quran.
Analysis of the First Opinion: It is Not Permissible for the Menstruating/Post-Partum Women to Recite the Quran:
It is the opinion of the Hanafis, Shafis and one narration from Ahmad that it is forbidden for a menstruating woman [23] to recite the Quran. This has also been narrated from Umar ibn al-Khattab and Ali ibn Abu Talib, [24] from among the Companions. From the Followers, this was the opinion of al-Hasan al-Basri, al-Zukhri, Ibrahim al-Nakhai and Qatadah.[25] The proofs for this opinion are the following:
The First Proof:
The first proof is the following hadith narrated from ibn Umar:
"The sexually defiled person and the menstruating woman do not recite anything from the Quran." (Recorded by al-Tirmidhi and ibn Majah.)
However, there is general agreement among the scholars of hadith that His hadith is weak. Ahmad ibn Hanbal, al-Bukhari, Abdul Rahman ibn Mahdi, Ali ibn al-Madini, al-Baihaqi and Abu Hatim all rejected this narration. Since there does not seem to be much dispute about the weakness of this hadith, it will not be discussed in detail here.[26]
The important conclusion is that it is not acceptable as a proof.
The Second Proof:
There is also another hadith that is cited as evidence. This is narrated from Jabir with the wording:
"The menstruating woman and the woman with postpartum bleeding are not to recite anything from the Quran." (Recorded by al-Daraqutni.)
This hadith contains Muhammad ibn al-Fadhl in its chain. Muhammad has been called a liar by the scholars of hadith, including ibn Hajr [27]. Hence, this hadith cannot be used for proof nor as supporting evidence for any other narration.
The Third Proof:
The third proof is an argument from qiyas or analogy. This is where an analogy is made between the menstruating woman and the sexually defiled person. Since it is not permissible, these people argue[28] for the sexually defiled person to recite the Quran, it must also not be permissible for the menstruating woman.
However, in order for qiyas to be invoked, there must be a similarity between the original case (the sexually defiled person) and the parallel case (the menstruating woman). If it can be shown that they actually are not similar, in that the Law treats them differently then the analogy is not valid.
In this particular example, many differences can he mentioned concerning the treatment by the Law of the sexually defiled person and the menstruating woman. The sexually defiled person may purify himself at any time through the use of water or soil. This opportunity is not available to the menstruating woman who must wait for her menses to finish. The menstruating woman has been ordered to attend the Eid Prayers while the sexually defiled person may not do so. The menstruating woman may also perform most of the rites of the Pilgrimage while the sexually defiled person is not allowed to perform those rites. The sexually defiled person may fast while the menstruating woman may not do so.
Hence, this analogy cannot be considered a valid analogy because there is truly a difference between the menstruating woman and the sexually defiled person in the eyes of the Law.
Analysis of the Second Opinion: It is Permissible for the Menstruating/Post-Partum Women to Recite the Quran:
The Malikis, Dhahiris, Shafis (in one of their opinions) and Hanbalis (in one narration from Ahmad) state that it is permissible for the menstruating woman to recite the Quran. Ibn Taimiya mentions that this is the opinion of Abu Hanifah as well as the best known opinion of al-Shafi and Ahmad. (This also seems to be the opinion that ibn Taimiya himself supports.) One narration from Malik and Ahmad, ibn Taimiya mentions, states that it is permissible for the menstruating woman to recite the Quran but not the sexually defiled person [29]. This opinion of permissibility has also been narrated from ibn Abbas and Saeed ibn al-Musayyab [30]. Among later scholars, this was the opinion of al-Bukhari, al-Tabari, ibn al-Mundhir[31], ibn Qudama [32], and al-Shaukani [33]. Their proofs for this position are the following:
The First Proof:
Al-Bukhari and Muslim record the following from Umm Atiya,
"We used to be ordered to come out on the Day of Eid and even bring out the virgin girls from their houses and menstruating women so that they would be behind the people and say the takbir with the people and invoke Allah along with them and hope for the blessings of that day and for purification from sins."
In this particular hadith, it is demonstrated that the menstruating women would make takbir, a type of remembrance of Allah, and supplications with the masses on the Day of Eid. This kind of remembrance of Allah cannot be considered any different from reciting the Quran, also a kind of remembrance of Allah (dhikr), unless there is some explicit proof to show that they must be treated differently.
The Second Proof:
Al-Bukhari records the following from Aisha,
"I was menstruating when I reached Makkah, so I neither performed the circumambulation of the Kaaba nor the going between mounts Safa and Marwa. I informed the Messenger of Allah (peace be upon him) about it and he said, 'Perform all the ceremonies of the Pilgrimage like the other pilgrims, but do not circumambulate the Kaabah until you become pure from your menses."'
It is well-known that the pilgrims make remembrance of Allah (dhikr) and read the Quran while performing the pilgrimage. The Prophet (peace be upon him), it seems, did not object to Aisha doing any of those acts. In fact, he explicitly told her to perform all the acts that the pilgrims performed save the circumambulation of the Kaabah. This implies that it is permissible for the menstruating woman to do all of the other acts that are customary for the pilgrimage.
The Third Proof:
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Women do not have the ability to remove the state of impurity from themselves like the sexually defiled person may do so by simply making ghusl. Furthermore, the length of time of the menstruation and postpartum bleeding may be quite long. This would require the women to spend a great deal of time without reciting anything from the Quran. This would lead her to forget what she has memorized of the Quran. Furthermore, the Quran is a guidance for her life and she needs to turn to it and ponder over it even during such times. Therefore, al-Mutairi writes:
http://www.islamworld.net/docs/uh/zara.html
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