A man performed Hajj, and in his 'Umrah he only circumambulated four times as a result of a fatwa from one of the people. What is the ruling on his action, and is he required to do anything to correct it now?
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The questioner : In his first question, he says: I performed the obligatory Hajj in a past year, but when we entered the Haram with the intention of tawaf and sa'y for 'Umrah, and one of our brothers who had previously performed the obligation was with us, after we began the tawaf and completed four circuits, he blocked our path and said, "This tawaf is sufficient." I said to him, "What I know is that tawaf is seven circuits." He said, "No, tawaf around the Ka'bah is four circuits, and the rest is in the sa'y area." We actually went to the sa'y area and performed seven circuits of sa'y, and completed the rest of the Hajj rituals. What is the ruling on our action? Yes?
The Shaykh : We went to ... the sa'y area.
The questioner : Yes, and we performed seven circuits of sa'y and completed the rest of the Hajj rituals. What is the ruling on our action, and are we required to do anything to correct it now?
The Shaykh : This fatwa that this man gave you is a wrong and erroneous fatwa, and he has committed a sin by doing so because he spoke about Allah without knowledge. I do not know how he dared to issue such a fatwa without knowledge or proof. He must repent to Allah from this matter, and he should not issue fatwas except based on knowledge, either by his own understanding from the Book of Allah and the Sunnah of His Messenger (peace and blessings be upon him) if he is qualified for that, or by following a scholar he trusts.
And as for issuing a fatwa like this, it is not permissible, rather it is not permissible to issue a fatwa without knowledge, due to the saying of the Exalted:[Al-A'raf 7:33] And He said: (Glorified and Exalted is He), [Al-Isra 17:36] , and many are those who err in fatwas, especially in Hajj, but they must repent to Allah (Mighty and Majestic) and not dare to issue fatwas except with knowledge, because the mufti expresses the ruling of Allah (Mighty and Majestic) and speaks about Allah and His religion, so he must fear Allah the Exalted in himself, in the servants of Allah, and in the religion of Allah (Blessed and Exalted is He). And you should not have accepted his statement when he told you that four circuits are sufficient, and you had a doubt that seven circuits are necessary. If you had asked at that time, you would have been answered with the truth, but unfortunately, many people are negligent in these matters, and then when time passes and the matter is settled, they come to ask. As for the answer to your question, your Hajj, or rather your 'Umrah, is not valid because you did not complete the obligatory part of its tawaf, so your status regarding it is not in its proper place.
The questioner : Yes.
The Shaykh : And your ihram for Hajj becomes an ihram for Hajj before the completion of the 'Umrah, and you are in this state performing Qiran, meaning that your ruling is the ruling of one performing Qiran because you entered Hajj upon the 'Umrah, even though your entry was after starting the tawaf, but this tawaf was not valid when you interrupted it before completing it. So your Hajj now is Hajj Qiran after you intended Tamattu', and the sacrificial animal you slaughtered is a sacrifice for Qiran, not for Tamattu', and your action is sufficient and fulfills the obligation - the obligation of Hajj and the obligation of 'Umrah -.
The questioner : Yes.
The Shaykh : And as for what you did after exiting the state of ihram from the 'Umrah, you owe nothing for it because you did it out of ignorance, and one who is ignorant owes nothing if he does one of the prohibitions of ihram, due to the saying of the Exalted:[Al-Baqarah 2:286] and His saying: [Al-Ahzab 33:5] except that I blame you for being negligent in not asking at the time. If you had asked when you finished the 'Umrah work so that it would become clear, that would have been more obligatory for you.
The questioner : Yes, so their Hajj is valid, but instead of them intending Tamattu', it became Qiran.
The Shaykh : Yes.
The questioner : May Allah reward you with good.
The Shaykh : We went to ... the sa'y area.
The questioner : Yes, and we performed seven circuits of sa'y and completed the rest of the Hajj rituals. What is the ruling on our action, and are we required to do anything to correct it now?
The Shaykh : This fatwa that this man gave you is a wrong and erroneous fatwa, and he has committed a sin by doing so because he spoke about Allah without knowledge. I do not know how he dared to issue such a fatwa without knowledge or proof. He must repent to Allah from this matter, and he should not issue fatwas except based on knowledge, either by his own understanding from the Book of Allah and the Sunnah of His Messenger (peace and blessings be upon him) if he is qualified for that, or by following a scholar he trusts.
And as for issuing a fatwa like this, it is not permissible, rather it is not permissible to issue a fatwa without knowledge, due to the saying of the Exalted:
Say, "My Lord has only forbidden immoralities - what is apparent of them and what is concealed - and sin, and oppression without right, and that you associate with Allah that for which He has not sent down authority, and that you say about Allah that which you do not know."
قل إنما حرم ربي الفواحش ما ظهر منها وما بطن والإثم والبغي بغير حق وأن تشركوا بالله ما لم ينزل به سلطاناً وأن تقولوا على الله ما لا تعلمونAnd do not pursue that of which you have no knowledge. Indeed, the hearing, the sight and the heart - about all those [one] will be questioned.
ولا تقف ما ليس لك به علم إن السمع والبصر والفؤاد كل أولئك كان عنه مسئولاًThe questioner : Yes.
The Shaykh : And your ihram for Hajj becomes an ihram for Hajj before the completion of the 'Umrah, and you are in this state performing Qiran, meaning that your ruling is the ruling of one performing Qiran because you entered Hajj upon the 'Umrah, even though your entry was after starting the tawaf, but this tawaf was not valid when you interrupted it before completing it. So your Hajj now is Hajj Qiran after you intended Tamattu', and the sacrificial animal you slaughtered is a sacrifice for Qiran, not for Tamattu', and your action is sufficient and fulfills the obligation - the obligation of Hajj and the obligation of 'Umrah -.
The questioner : Yes.
The Shaykh : And as for what you did after exiting the state of ihram from the 'Umrah, you owe nothing for it because you did it out of ignorance, and one who is ignorant owes nothing if he does one of the prohibitions of ihram, due to the saying of the Exalted:
Our Lord, do not impose blame upon us if we have forgotten or erred.
ربنا لا تؤاخذنا إن نسينا أو أخطأناAnd there is no blame upon you for that in which you have erred but [only for] what your hearts intended
وليس عليكم جناح فيما أخطأتم به ولكن ما تعمدت قلوبكمThe questioner : Yes, so their Hajj is valid, but instead of them intending Tamattu', it became Qiran.
The Shaykh : Yes.
The questioner : May Allah reward you with good.