One who did not perform the Tawaf of Ifadah on the Day of Eid and his return to the state of Ihram
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Question:
This questioner says: Some people say that if one does not perform the Tawaf of Ifadah on the Day of Eid until the sun sets, he is required to wear the clothes of Ihram, citing the hadith of Umm Salimah. What is the correct view, and what is the authenticity of this hadith?
Answer:
The scholars hold that if one has exited the state of Ihram, his state of being in a state of permissibility (halal) continues, even if he did not perform the Tawaf on the Day of Eid; he remains in a state of permissibility and performs the Tawaf later. The report that he returns to the state of Ihram is narrated from 'Urwah ibn al-Zubayr, a well-known member of the generation following the Companions. The correct view is that he remains in a state of permissibility, because the Messenger (peace and blessings be upon him) did not order the people to do so. The hadith of Abu Salimah is not authentic and is not relied upon in this matter. Rather, the person remains in a state of permissibility, even if he does not perform the Tawaf until the next day, the day after, or after the days of Tashriq. When the Messenger (peace and blessings be upon him) permitted the people to exit the state of Ihram, he did not say to them, "This is permissible only if you perform the Tawaf before the sun sets." Rather, he gave the people general permission and was asked about it. He said there is no harm for the one who threw the pebbles, slaughtered the sacrifice, and shaved his head but did not perform the Tawaf. He said there is no harm for the one who performed the Tawaf first. He said there is no harm for the one who performed the shaving before the throwing of the pebbles. He said there is no harm for the one who performed the slaughtering before the throwing of the pebbles. He did not say, "Except if the sun sets and you have not performed the Tawaf, then you return to the state of Ihram." If this had been a legislated matter, he would have clarified it, because he is the one who conveys the message from Allah. Yes.
This questioner says: Some people say that if one does not perform the Tawaf of Ifadah on the Day of Eid until the sun sets, he is required to wear the clothes of Ihram, citing the hadith of Umm Salimah. What is the correct view, and what is the authenticity of this hadith?
Answer:
The scholars hold that if one has exited the state of Ihram, his state of being in a state of permissibility (halal) continues, even if he did not perform the Tawaf on the Day of Eid; he remains in a state of permissibility and performs the Tawaf later. The report that he returns to the state of Ihram is narrated from 'Urwah ibn al-Zubayr, a well-known member of the generation following the Companions. The correct view is that he remains in a state of permissibility, because the Messenger (peace and blessings be upon him) did not order the people to do so. The hadith of Abu Salimah is not authentic and is not relied upon in this matter. Rather, the person remains in a state of permissibility, even if he does not perform the Tawaf until the next day, the day after, or after the days of Tashriq. When the Messenger (peace and blessings be upon him) permitted the people to exit the state of Ihram, he did not say to them, "This is permissible only if you perform the Tawaf before the sun sets." Rather, he gave the people general permission and was asked about it. He said there is no harm for the one who threw the pebbles, slaughtered the sacrifice, and shaved his head but did not perform the Tawaf. He said there is no harm for the one who performed the Tawaf first. He said there is no harm for the one who performed the shaving before the throwing of the pebbles. He said there is no harm for the one who performed the slaughtering before the throwing of the pebbles. He did not say, "Except if the sun sets and you have not performed the Tawaf, then you return to the state of Ihram." If this had been a legislated matter, he would have clarified it, because he is the one who conveys the message from Allah. Yes.
Source
فتاوى الحج ١٤١٠ هـ - ١٦ — archive.org (42:05)
The Arabic text is a machine transcription of the audio recording.