Answered by Shaykh Omar Subedar
Question:
My children (a 12 years boy and an 8 years old girl) and I are planning to go for ʿUmrah next March during the school break in-shā Allāh. My question is that can my 12 year old son be considered my maḥram (non marriageable relative) as I have separated from my husband?
Also what are the limitations for me when I go for ʿUmrah and happen to get my menses?
Answer:
بِسْمِ اللَّـهِ الرَّحْمَـٰنِ الرَّحِيمِ
May Allāh accept your intention for going with your family on this sacred journey and make it easy for you. Āmīn.
Your son can serve as your maḥram provided he is technically mature. A boy becomes mature when he turns 15 or has a wet-dream, impregnates or ejaculates while copulating at any point before the age of 15. (See: Al-Hidāya)
If a woman experiences her menses while visiting the sacred lands she is prohibited from entering the Sacred Masjids. Imam Al Marghīnānī [d.593H] writes, “[A menstruating woman] cannot enter the Masjid. The ruling is similar for a person who is in the state of major ritual impurity (janābah) due to the Prophet (peace and blessings upon him) stating,
“I do not permit the Masjid for a menstruating woman and for a person in the state of major ritual impurity.” (Abū Dāwūd)
“[The menstruating woman] cannot perform ṭawāf of the House [of Allāh] because ṭawāf is performed in the Masjid.” (Al-Hidāya)
And Allāh Knows Best