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Made A Mistake During Hajj Last Year. by Taamas111 (m): 12:48pm on January 11
Rufai Oladimeji
Lagos State University
English
100Level, Nigeria.
Question:

I perform Hajj last year with my wife,
unfortunately we committed a mistake and
from then we are worried about it, I hope
you will guide me to the right way. The day
of sacrifice (10th Thul-Hijjah) we perform
Tawaaf-e-Ziara and due to illness of my wife
we delayed Sa'i and returned back to Mina
there we stayed till 12 th, as soon as we came
back Makkah one of our relative living in
Jeddah took us with them to their home,
there we relaxed, and intercourse after a gap
of long time (more than 20 days) when again
we returned back Makkah. One of our
companion said that you committed sin by
not doing Sa'i however a Mufti told us to do
Sa'i now and nothing else is liable, what is
your opinion, what should we do now (we
already performed Sa'i after returning back
from Jeddah).

Fatwa:
All perfect praise be to Allah, The Lord of the
Worlds. I testify that there is none worthy of
worship except Allah, and that Muhammad
is His Slave and Messenger.
Sa'i is one of the pillars of Hajj. It is an
obligation on whoever abandons it whether
by ignorance or forgetfulness has to return
and perform it, even after leaving Makkah,
and he is still considered in the state of
Ihram and should abide by its conditions
until he performs Sa'i. Sa'i and Tawaf
(circumambulation around the Ka'bah) are
the same regarding the restrictions of Ihram.
The author of Kashshaf Al-Qinaa' , may Allah
have mercy on him, said: 'Sa'i is a pillar of
Hajj, and one could not end the second
phase of the state of Ihram (being free from
all its restrictions) unless he performs it."

As regards the sexual intercourse that you
had with your wife while not knowing the
ruling, then you are not sinful because you
did not know the ruling, so this does not
invalidate your Hajj according to the Shafi'ee
school and according to one of the
narrations of Ahmad, may Allah have mercy
on him. This opinion is also the
preponderant one according to Shaykh Al-
Islam Ibn Taymiyyah, may Allah have mercy
on him.
Imam An-Nawawi said in Rawdhatut-
Talib : 'If the pilgrim has sexual intercourse
with his wife due to not knowing the ruling,
forgetfulness, being insane or forced to do
it, then this does not invalidate his Hajj and
he does not have to offer a sacrifice.

However, if you had intercourse deliberately
and while knowing the ruling then you are
obliged to sacrifice for that without any
difference of opinion on this. This applies to
you if you came to the end of the first phase
of the state of Ihram having thrown the
pebbles and shaved your hair. But if you had
not finished the first phase of the stated of
Ihram, and committed some of the
prohibitions of Ihram during this period,
then there are some details about it.'

If the restrictions you transgressed pertained
to wearing form-fitting clothes, applying
perfume or having sexual intercourse; then
you are not sinful if you did not know the
ruling. But if the violations pertain to cutting
hair or nails, then for every prohibition you
have to pay a ransom of either observing fast
(three days) or giving charity (feeding six
poor people) or offering a sacrifice (one
sheep).
Allah Knows best.

www.islamweb.net/en/article/161415/made-a-mistake-during-hajj-last-year

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