During Tawaf, She Lost Her Mahram and Sat on the Ground
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The first question of Fatwa No. ( 18708 )
Q1: I have an aunt who is between 50 and 60 years old and is in good health. This aunt performed 'Umrah in the year 1412 AH. During Tawaf, she lost her mahram and sat on the ground. After that, a kind and noble man like you came to her and asked, "What is wrong with you?" She told him the story from beginning to end. She completed her Tawaf, but she did not perform Sa'y between al-Safa and al-Marwah . She followed it up with an 'Umrah in the year 1415 AH. What is the ruling in this matter?
A1: If the situation is as you described, then this woman's Ihram for the second 'Umrah is not valid, because she is still in the state of Ihram from the first 'Umrah. Therefore, her Sa'y
and her shortening of hair in the second 'Umrah complete the first 'Umrah, and her Tawaf in it is only for arrival. She owes nothing, provided that no sexual intercourse occurred between her Ihram for the first 'Umrah and her Ihram for the second 'Umrah. If sexual intercourse did occur between the first and second 'Umrah, then the first 'Umrah is invalid, and the second 'Umrah serves to complete the invalid first 'Umrah. She must enter Ihram from the Miqat where she entered Ihram for the first 'Umrah, performing a make-up 'Umrah for the invalid 'Umrah, and complete it. She must also slaughter a head of sheep that is acceptable as an 'Id sacrifice in Makkah and distribute it to the poor there as a fidyah for the sexual intercourse that occurred while she was in the state of Ihram, along with repentance to Allah the Exalted. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q1: I have an aunt who is between 50 and 60 years old and is in good health. This aunt performed 'Umrah in the year 1412 AH. During Tawaf, she lost her mahram and sat on the ground. After that, a kind and noble man like you came to her and asked, "What is wrong with you?" She told him the story from beginning to end. She completed her Tawaf, but she did not perform Sa'y between al-Safa and al-Marwah . She followed it up with an 'Umrah in the year 1415 AH. What is the ruling in this matter?
A1: If the situation is as you described, then this woman's Ihram for the second 'Umrah is not valid, because she is still in the state of Ihram from the first 'Umrah. Therefore, her Sa'y
and her shortening of hair in the second 'Umrah complete the first 'Umrah, and her Tawaf in it is only for arrival. She owes nothing, provided that no sexual intercourse occurred between her Ihram for the first 'Umrah and her Ihram for the second 'Umrah. If sexual intercourse did occur between the first and second 'Umrah, then the first 'Umrah is invalid, and the second 'Umrah serves to complete the invalid first 'Umrah. She must enter Ihram from the Miqat where she entered Ihram for the first 'Umrah, performing a make-up 'Umrah for the invalid 'Umrah, and complete it. She must also slaughter a head of sheep that is acceptable as an 'Id sacrifice in Makkah and distribute it to the poor there as a fidyah for the sexual intercourse that occurred while she was in the state of Ihram, along with repentance to Allah the Exalted. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.