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Stats: 17,515 members, 69,795 Topics, 15,477 Comments. Date: Jun 25 2019, 8:36 pm

Rufai Oladimeji
Lagos State University
English
100Level, Nigeria.
**Question:***

I performed 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
(10 th Thul-Hijjah) we performed
Tawaaf-ez-Ziyaarah and due to
illness of my wife we delayed
Sa'i and returned back to Mina
there we stayed till 12th , as
soon as we came back to
Makkah one of our relatives
living in Jeddah took us with
them to their home, there we
relaxed, and had intercourse
after a gap of long time (more
than 20 days) when again we
returned back to Makkah. One
of our companions said that
you committed a 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 to
return and perform it, even
after leaving Makkah, and he is
still considered in the state of
Ihraam and he should abide by
its conditions until he performs
Sa'i. Sa'i and Tawaaf
(circumambulation around the
Ka'bah) are the same regarding
the restrictions of Ihraam. Al-
Buhooti said: 'Sa'i is a pillar of
Hajj, and one could not end the second
phase of the state of Ihraam (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 Shaafi'ee school and
according to one of the
narrations of Ahmad . This
opinion is also the
preponderant one according to
Shaykh Al-Islam Ibn Taymiyyah
.

Imaam An-Nawawi said: '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 Ihraam having
thrown the pebbles and shaved
your hair.

But if you had not finished the
first phase of the stated of
Ihraam, and committed some of
the prohibitions of Ihraam
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/137619/made-a-mistake-during-hajj-last-year

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