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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The ruling on tawaf without wudu'

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Question:
The questioner, Hifa from Riyadh, says that they were performing 'Umrah last Ramadan. She says that her ritual purity was broken while she was in the middle of tawaf, so she completed the tawaf due to the heavy crowd, and then she returned. What is required of her now?

Answer:
'Umrah, yes. The 'Umrah was not valid. Her wudu' was broken during the tawaf. It was obligatory for her to go out and perform wudu', because tawaf is not valid except with ritual purity, just like prayer. The statement in the hadith
Tawaf around the House is similar to Salat except that you talk during itالطواف بالبيت صلاة إلا أنكم تتكلمون فيه
Jami` at-Tirmidhi 960Hasan (Darussalam)
is authentic from Ibn 'Abbas, and it is in the category of marfu' (traced to the Prophet), in the category of marfu', because this does not admit of independent legal reasoning (ijtihad), and it is not reported that the Prophet (peace and blessings be upon him) performed tawaf without wudu'. Also, he said to the menstruating woman: "Do what the pilgrim does, except that you do not perform tawaf around the House until you become pure." All of this indicates that ritual purity is a condition for the validity of tawaf. If you performed tawaf while not in a state of wudu', your tawaf is not valid, and you are still in the state of ihram for the 'Umrah. So you must return to Makkah, avoid the prohibitions of ihram, and perform the 'Umrah for which you entered ihram but did not complete. You must return to Makkah. If intercourse took place, then this 'Umrah is defective, but you must complete and finish it, then enter ihram a second time from the miqat from which you entered ihram for the first 'Umrah, and then perform the second 'Umrah as making up for the defective one. Along with that, you must slaughter a sheep in Makkah and distribute it to the poor of the Haram. Yes.

The presenter:
May Allah reward you,
Source نور على الدرب - الفوزان - 03/029 — archive.org (12:31)

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

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