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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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If the sun sets on the day of 'Id and the pilgrim has not performed tawaf or sa'y, does his ihram return to him?

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Question : The issue is: if the sun sets and he has not performed tawaf or sa'y, does he return to a state of ihram or not?

Answer : That is, does his ihram return to him or not? His ihram does not return to him. This is the position of the scholars and the leaders of fatwa. As for what is narrated from the Prophet (peace and blessings be upon him) that if he
If the sun setsإذا غربت الشمس
and did not perform the tawaf of ifadhah, he returns to a state of ihram, meaning he becomes in a state of ihram, that is a fabricated hadith, anomalous in its text and weak in its chain, so it is not acted upon. And Aishah (may Allah be pleased with her) said: I used to perfume the Prophet (peace and blessings be upon him)
before his entering upon the state of Ihram and at the conclusion of it, before circumambulating the Houseصلى الله عليه وسلم لإحرامه قبل أن يحرم ولحله قبل أن يطوف بالبيت
Sahih Muslim 1189c
. She thereby established his state of being in a state of ihram before the tawaf. It is known that when a person exits from an act of worship, he cannot return to it unless he contracts it again, and he did not contract it again.
And the hadith that comes in this matter is a weak hadith that no one has acted upon, except if it is authentic from Urwah ibn al-Zubayr.
If this is authentic from him, otherwise the scholars are nearly in agreement that it is not acted upon. All right.
Source قناة «فضيلة الشيخ محمد بن صالح العثيمين»، 157 - إذا غابت الشمس يوم العيد والحاج لم يطف ولم يسعى فهل يعود إليه إحرامه؟ مناسك الحج والعمرة — youtube.com

The Arabic text is a machine transcription of the audio recording.

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