Ruling on Touching the Mushaf and Reciting the Qur'an Without Purification, for the Menstruating Woman and the Ritually Impureحكم مس المصحف وقراءة القرآن بلا طهارة للحائض والمحدث

Questioner: If a book of tafsir contains the full text of the Mushaf with the commentary printed in the margins, such as al-Tafsir al-Muyassar, is it permissible for a menstruating woman, or anyone who is not in a state of purity, to hold and read it?

The four schools of jurisprudence hold that the menstruating woman, the one in a state of major ritual impurity (junub), and the one who merely lacks wudu, may not touch the Mushaf; this is the view of the majority, and al-Sijzi related that it was a matter of consensus. But as has been established on more than one occasion, this claimed consensus does not hold, and the position is in fact that of the majority rather than an agreed-upon ruling, for a group of the scholars held that it is permissible for one who lacks wudu to touch the Mushaf, arguing that no clear proof establishes the prohibition. Had this been forbidden, the Prophet ﷺ would have made it known with a general, explicit statement reaching the specialist and the layman alike, since the community would have had need of such a ruling. Since the Prophet ﷺ did not make this known with a general statement, this indicates that the default ruling is permissibility.

As for the hadith, "None should touch the Qur'an [the Mushaf] except one who is pure," this hadith is defective on account of being a mursal report (missing a link in its chain). Even granting its authenticity, as a group of scholars have held, the Prophet ﷺ sent this letter to the Christians of Najran, and it would be far-fetched to suppose that the Prophet ﷺ meant that none should touch the Qur'an except one who is ritually pure from hadath, when the recipients were Christians. Thus a number of scholars have understood the meaning to be: none should touch it except a Muslim — and this interpretation is stronger, supported by what is established in the Sahihayn from the hadith of Abu Hurairah, that the Prophet ﷺ said, "Glory be to Allah! The believer does not become impure (najis)." Even on the view of the majority who hold the prohibition, a distinction is made regarding a book that is predominantly tafsir: if the predominant content is tafsir, then there is no harm in touching it, even according to the majority's view. But if the predominant content is the Mushaf itself, with brief commentary printed in the margins, then according to the majority this too falls under the prohibition — though, Allah willing, there is latitude in this matter, since there is no clear, explicit text establishing a definite prohibition, and we cannot tell people that it is categorically forbidden. There is no lawful thing except what Allah has made lawful, and no unlawful thing except what Allah has made unlawful.

The general principle in matters such as this is that people are commanded, as a matter of recommendation, to recite the Qur'an, and the Prophet ﷺ used to urge the community to recite it, while knowing full well that among them were those with and without wudu, and among the women were those who were menstruating and those who were not. Had lacking wudu been forbidden in this respect, the Prophet ﷺ would have made it known with a general, specific statement, especially since the occasion clearly called for such clarification. Every ruling of the Sharia that circumstances call to be clarified, and which is not clarified, indicates that the default ruling is permissibility. Had this been forbidden, the motives and determination to transmit it would have been abundant, given the community's need for such a ruling. Even so, it is prudent for a person to perform wudu when there is no impediment to doing so. As for the menstruating woman, since this matter is outside her capacity to change, she is not prevented from reciting or touching on this account.

As for the report, "The menstruating woman and the one in a state of major impurity should not recite anything of the Qur'an," it is weak; its defect lies in the fact that it comes by way of Isma'il ibn 'Ayyash from Musa ibn 'Uqbah — and Musa ibn 'Uqbah was from Madinah, i.e. from the Hijaz — narrating from Nafi', from Ibn 'Umar. As already mentioned, Isma'il ibn 'Ayyash's narrations from the people of the Hijaz and Iraq are weak and unreliable, and he becomes confused in his narrations; this hadith is therefore defective, and no authentic report has been established that prohibits the menstruating woman from reciting the Qur'an. The Prophet ﷺ said, "Recite the Qur'an," and, "Recite Surat al-Baqarah," urging his community to recite the Qur'an, and he said, "The best among you is the one who learns the Qur'an and teaches it," and, "Recite, rise in stages, and recite melodiously as you used to recite in the world, for your rank will be at the last verse you recite."

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