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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The Hajj of a Disbeliever

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The third question of Fatwa No. ( 836 )
Q3: Does the one who performed the Hajj of Islam and then committed zina and was negligent in prayer; performing some obligatory prayers and leaving others, and then repented, is his Hajj sufficient for him or does he have to repeat the Hajj of Islam?
A3: It is established from the Messenger of Allah (peace and blessings be upon him) that he said:
Islam is based upon five: the testimony of La Ilaha Illallah, and that Muhammad is the Messenger of Allah, the establishment of the Salat, giving the Zakat, fasting (the month of) Ramadan, and performing Hajj to the House.بني الإسلام على خمس: شهادة أن لا إله إلا الله، وأن محمدًا رسول الله، وإقام الصلاة، وإيتاء الزكاة، وصوم رمضان، وحج بيت الله الحرام
Jami` at-Tirmidhi 2609Sahih (Darussalam)
, and the matter of prayer is great, and Allah mentioned it after the two testimonies; therefore he (peace and blessings be upon him) said:
The covenant that distinguishes between us and them is prayer; so whoever leaves it, he has committed Kufr.العهد الذي بيننا وبينهم الصلاة، فمن تركها فقد كفر
Sunan Ibn Majah 1079Sahih (Darussalam)
. So this person who performs an obligatory prayer and leaves an obligatory prayer is playing with the religion of Allah (Mighty and Majestic), and if a person leaves one obligatory prayer, he is given three days to repent, and if he does not repent, he is killed. You mentioned that he repented, and whoever repents, Allah accepts his repentance. On this basis, he should repeat the Hajj as a precaution and to get out of the scholarly disagreement; because of the saying of the Messenger of Allah (peace and blessings be upon him):
Leave that which makes you doubt for that which does not make you doubt.دع ما يريبك إلى ما لا يريبك
Sunan an-Nasa'i 5711Sahih (Darussalam)
. As for what you mentioned about his committing zina after performing Hajj, if he did it by considering it permissible, then this is disbelief that nullifies his previous deeds, and he must repeat the Hajj. But if he did it while believing it to be forbidden, then it is a major sin among the major sins, and repentance is necessary for it, and his Hajj is valid, and the sin of zina remains upon him until he repents. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source www.alifta.gov.sa

The Arabic text is copied verbatim from the original source, without any edits.

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