All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger.
Tawaaf Al-Ifaadhah is one of the pillars of Hajj. There are four pillars of Hajj:
1. Ihraam (i.e. the intention of performing Hajj or Umrah or both of them and putting on the Hajj non- formfitting garments).
2. Staying at the area of mount ‘Arafah.
3. Tawaaf Al-Ifaadhah (circumambulating the Ka’bah after spending the night of Muzdalifah).
4. Sa’y (walking) between Safa and Marwah.
All these acts could be done by a menstruating woman or the woman who is in her confinement period except the act of Tawaaf Al-Ifaadhah, for the saying of the Prophet to `Aa’ishah : “Perform all the rituals of a pilgrim but do not circumambulate around the Ka'bah (i.e. Tawaaf Al-Ifaadhah)". [Al-Bukhari and Muslim]
On this basis our opinion is that the sister should perform all the rites of Hajj except Tawaaf as the Prophet, sallallaahu ‘alayhi wa sallam, ordered `Aa’ishah . The people with whom she is performing Hajj should wait for her till she completes all the rites of Hajj. This is based on the narration reported by Imaams Muslim and Al-Bukhari that Safiyyah (the wife of the Prophet, sallallaahu ‘alayhi wa sallam) had her monthly period during Hajj. When the Prophet, sallallaahu ‘alayhi wa sallam, was informed about this, he, sallallaahu ‘alayhi wa sallam, said, “Is she going to hold us here (till she performs her rites of Hajj)?” He, sallallaahu ‘alayhi wa sallam, was told that she had already performed all her Hajj rites except the Farewell Tawaaf. The Prophet, sallallaahu ‘alayhi wa sallam, said, "There is no harm then, (i.e. we can leave)". This narration clearly shows that if a woman does not perform Tawaaf Al-Ifaadhah then she has to wait until she performs it after her period terminates and her Mahram (husband or unmarriageable relatives) should wait for her.
If she cannot wait till she becomes pure for unavoidable reasons and there is no chance for her to delay her journey, as if she does so she would face legal problems or other problems; in this case she can return to her destination and remain in the state of Ihraam till she can return to Makkah again to complete the remaining rites when she becomes pure.
However, if there is difficulty in doing so then she may perform Tawaaf while wearing nappies, and then sacrifice a sheep and distribute it among the needy people of Makkah for leaving out an obligatory act.
This opinion is held by a group of Muslim scholars. They support their opinion by many evidences such as the saying of Allaah (which means):
• {So observe the duties of Allaah and fear Him as much as you can}[Quran 64:16]
• {Allaah burdens not a person beyond his scope.}[Quran 2:286]
No doubt, waiting till the monthly period finishes may cause unbearable problems, and this contradicts the above mentioned verses.
There are basic rules of Islam that also support this opinion, such as the rule that states: “Performing all conditions and obligations in Islam depends on one's ability to accomplish them”. Those who cannot perform any act must perform their alternates, if there are any. For example one may perform Tayammum (dry ablution) when water Is unavailable or cannot be used (for certain reasons).
However, if there are no alternatives set by Islamic Law to these conditions and obligations, then one is excused from them.
To conclude, being in the state of ritual purity is a condition of validly of Tawaaf. However, if one is unable to perform it he/she is excused from it like the one who cannot use water to prepare for prayer and cannot do its alternative (Tayammum) then one is excused from purifying himself and can pray without having ritual purity.
Therefore, ritual purity can be waived for Tawaaf Al-Ifaadhah in case of unavoidable circumstances, and one performs it as clarified earlier.
Imaams Ibn Taymiyyah and Ibn Al-Qayyim supported the latter opinion (permitting a menstruating woman or the one who is in her confinement period to do Tawaaf when she is in dire need) very strongly. Shaykh Ibn Baaz also issued the same Fatwa.
Allaah Knows best.