The Ruling on Tawaf on the Roof of al-Masjid al-Haram

Question:
May Allah reward you with good. This sister, Umm 'Abd al-'Aziz, says: We performed Hajj last year with my husband, and during the farewell tawaf, we were directed to the roof of al-Masjid al-Haram due to the severe congestion in the courtyard. However, on the roof, at the point where the tawaf begins and ends, the congestion is also severe, because some pilgrims stand there and spend time in takbir and supplication. This forced me to go out to the sa'y area and then return to the tawaf area again after the congestion had eased. What is the ruling on my action? Even though I was careful while in the sa'y area to keep the Noble Ka'bah on my left.

Answer:
It is obligatory for the Muslim to perform tawaf in the prescribed manner. If he finds congestion, he should wait until an opportunity arises at another time and perform the act of worship as required by the Shari'ah. As for entering the sa'y area or the roof of the sa'y area, this is not called tawaf, because the sa'y area is not part of al-Masjid al-Haram. The sa'y area is an independent sanctuary where a menstruating woman enters to perform sa'y; therefore, it is not part of the mosque and does not have the ruling of the mosque. So, if one enters the roof of the sa'y area during a lap, that lap is incomplete. Therefore, you must return to Makkah and perform the sa'y in full. If intercourse occurred during this period, then each of the two who engaged in intercourse, the man and the woman, owes a fidyah: slaughtering a sheep in Makkah and distributing it to the poor of the Haram. Yes.