Subject : A Pilgrim couldn`t Perform Tawaf Al-Ifadah after Minor Termination of Ihram
Fatwa Number : 1976
Date : 28-12-2011
Classified : How to Perform Haj and Omrah
Fatwa Type : Search Fatawaa

Question :

I have performed Hajj this year, but neither performed Tawaf Al-Ifadah (circumambulation around the Ka`bah) nor the Farewell Tawaf because I have undergone surgery after which I returned home. In fact, I delegated my son to throw the pebbles on my behalf, then I cut my hair and slaughtered the Hady. In addition, I haven’t had sex with my wife during Hajj rituals. What is due on me if I want to go back to perform Umrah?

The Answer :

All perfect praise be to Allah, The Lord of The Worlds; and may His blessings and peace be upon our Prophet Mohammad.

Tawaf Al-Ifadah is a pillar of Hajj and not performing it renders Hajj void. The time for performing this pillar is indefinite. When listing the pillars of Hajj, Al-Imam An-Nawawi said, "The time for Tawaf and Sa`y is indefinite." On his part, Al-Khateeb Ashirbini commented on that by saying, "The one who failed to offer them remains in a state of Ihram." {Moghni Al-Mohtajj vol.6/pp.62}.

If the case is as you have described in your question, then you are still in a state of Ihram, and you have done minor termination of Ihram i.e. you are permitted to do everything that was forbidden for the pilgrim except for having sexual intercourse and the related things, such as concluding a marriage contract. It is incumbent upon you to go back to Maka to perform Tawaf Al-Ifadah and the Sa`y-in Tamatu` Hajj- so as for your Hajj to become valid. Afterwards, you come out of the state of Ihram: major termination of Ihram i.e. it is permissible to do everything that was forbidden for the pilgrim including having sexual intercourse.

Accordingly, you should go to Maka-nothing is due on you when you pass by the Meeqat as you are still in a state of Ihram- to perform Tawaf and complete the rest of the Hajj rituals, then you get out of the state of Ihram. After that, you assume Ihram for Umrah from outside the Haram area, then offer all its rituals. However, it is impermissible for you to perform Umrah, save after having completed Tawaf Al-Ifadah and the Sa`y. If you haven`t stayed the night in Mina, then you are obliged to offer a sacrifice that meets the same conditions of an Udhiyah. As regards the ruling on Tawaf Al-Wada` {Farewell Tawaf}, scholars have differed about it. Some considered it obligatory and some considered it recommended. We opt for considering it recommended to facilitate for the Questioner; therefore, he doesn`t have to offer a sacrifice for leaving the Sunnah of Farewell Tawaf. And Allah Knows Best.



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