Intending Tamattu' and performing Sa'y before Tawaf, then changing the intention to Qiran after Tawaf
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The first question of Fatwa number ( 21294 )
Q1: I performed Hajj this year, 1420 AH, with a group that included some students of knowledge. I intended Tamattu' when entering the state of Ihram, and when I arrived in Makkah , my wife was with me, so I performed Sa'y before Tawaf, then I performed Tawaf around the House. When I found a crowd in the Tawaf, I changed my intention to Qiran after the Sa'y and Tawaf, incorporating Hajj into the 'Umrah . I asked one of the students of knowledge, and he said: The Sa'y is not valid because it was performed before the Tawaf in the 'Umrah, and as for the Tawaf, it would be the Tawaf of Arrival. He said: The school of Malik and Abu Hanifa permits what you did of incorporating Hajj into the 'Umrah, and considers you a Qarin. The other one said to me: You and your wife must go to repeat the Tawaf, then the Sa'y, then shave or cut your hair. It was the evening of the Day of Tarwiyah, and my wife and I were exhausted and tired, so we were unable to go to Makkah to repeat the Sa'y and exit the state of Ihram. We remained in the state of Qiran. What is the ruling? Please issue a ruling for us, may Allah reward you.
Volume 1 : If the situation is as you described, then you are performing qiran; because you entered into Hajj while still in the state of 'Umrah before completing its rites, and you owe an expiation.
The Qiran, and it is obligatory for you to perform the Tawaf and Sa'y for the Hajj and 'Umrah on the Day of 'Id or after it. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q1: I performed Hajj this year, 1420 AH, with a group that included some students of knowledge. I intended Tamattu' when entering the state of Ihram, and when I arrived in Makkah , my wife was with me, so I performed Sa'y before Tawaf, then I performed Tawaf around the House. When I found a crowd in the Tawaf, I changed my intention to Qiran after the Sa'y and Tawaf, incorporating Hajj into the 'Umrah . I asked one of the students of knowledge, and he said: The Sa'y is not valid because it was performed before the Tawaf in the 'Umrah, and as for the Tawaf, it would be the Tawaf of Arrival. He said: The school of Malik and Abu Hanifa permits what you did of incorporating Hajj into the 'Umrah, and considers you a Qarin. The other one said to me: You and your wife must go to repeat the Tawaf, then the Sa'y, then shave or cut your hair. It was the evening of the Day of Tarwiyah, and my wife and I were exhausted and tired, so we were unable to go to Makkah to repeat the Sa'y and exit the state of Ihram. We remained in the state of Qiran. What is the ruling? Please issue a ruling for us, may Allah reward you.
Volume 1 : If the situation is as you described, then you are performing qiran; because you entered into Hajj while still in the state of 'Umrah before completing its rites, and you owe an expiation.
The Qiran, and it is obligatory for you to perform the Tawaf and Sa'y for the Hajj and 'Umrah on the Day of 'Id or after it. 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.