Hajj and Cutting Off the Hajj After Departing from 'Arafah and Returning to One's Country
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Q: I performed Hajj fifteen years ago, and it was a combined Hajj (qiran). I performed the sa'y and tawaf upon arrival, then stood at 'Arafah and departed after Maghrib to Muzdalifah , and I left it after Fajr for Mina to stone the pillars. However, I lost my companions in Hajj, and the stones for stoning were with them until Maghrib on the day of 'Id, and I did not find them. So I asked a person: Is it permissible for me to take the stones from Mina ? He told me no, and that my Hajj would be defective and invalid. So I traveled to Ta'if and removed my state of ihram, and I did not perform the remaining rites of Hajj, such as stoning, staying overnight, tawaf, sa'y, tawaf of farewell, and slaughtering the sacrificial animal. I have performed 'Umrah in the past Ramadan and Hajj this year. I was not married at the time, but I married afterwards. After ten years of marriage, my wife divorced me, and I married a second wife four years ago, and she is still with me. I ask for your fatwa.
A: If the situation is as described, then your ihram for 'Umrah is considered a continuation in completing the Hajj that became defective due to intercourse. Your tawaf and sa'y for the aforementioned 'Umrah are considered the completion of this defective Hajj. You owe a fidyah for leaving the overnight stay in Mina , and a fidyah for leaving the stoning of the pillars in this Hajj. You also owe the hady of qiran that you left in your defective Hajj. Your Hajj this year is considered making up (qada') for the defective Hajj. You must slaughter a camel, which is to be slaughtered in Makkah and distributed to the poor of the Haram . It is obligatory for you to renew the marriage contract
with the woman who is under your protection, as for the one you divorced, her contract is not renewed.
A: If the situation is as described, then your ihram for 'Umrah is considered a continuation in completing the Hajj that became defective due to intercourse. Your tawaf and sa'y for the aforementioned 'Umrah are considered the completion of this defective Hajj. You owe a fidyah for leaving the overnight stay in Mina , and a fidyah for leaving the stoning of the pillars in this Hajj. You also owe the hady of qiran that you left in your defective Hajj. Your Hajj this year is considered making up (qada') for the defective Hajj. You must slaughter a camel, which is to be slaughtered in Makkah and distributed to the poor of the Haram . It is obligatory for you to renew the marriage contract
with the woman who is under your protection, as for the one you divorced, her contract is not renewed.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.