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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The ruling on one who performed Hajj as an individual (ifrad) and did not perform the sa'y (walking between al-Safa and al-Marwah) due to ignorance

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The questioner : Yes. Shaykh, a case occurred where a man performed Hajj as an individual (ifrad). He heard that the individual (mufrid) does not have to perform the sa'y, but he did not understand. The assumption is that he does not have to perform two sa'ys; rather, he only has to perform one sa'y. So he did not perform the sa'y between al-Safa and al-Marwah. Then he performed Hajj two, three, or more times after that. Now he asks: what is required of him?

The Shaykh : If we say that it is a pillar (rukn), then he has to repeat it.

The questioner : He repeats it with you.

The Shaykh : The sa'y is required of him to make it up. In reality, it is not a repetition; it is making up a missed act (qada').

The questioner : Even if it is after years.

The Shaykh : Even if it is after years, but in this case, he will remain without having completed the second exit from the state of ihram (tahallul). Because the second exit from the state of ihram must be by the tawaf (circumambulation) and the sa'y. But if we say that it is an obligation (wajib), he expiates it with a sacrifice (dam). And if we say that it is a recommended practice (sunnah), then he owes nothing.

The questioner : Shaykh, what do we tell him about the fatwa?

The Shaykh : Now, according to our fatwa, we tell him that he must avoid his wife now. Because he is in a state of concealment regarding what happened, and he must make up the sa'y.

The questioner : And he performed Hajj, O Shaykh, after that, from Khalid.

The Shaykh : He performed Hajj. In reality, we do not want to treat him as the most severe case. Otherwise, if we say that the ihram for the second Hajj is not valid, that is because he performed Hajj while still in the remaining state of ihram from the first Hajj. He entered the state of ihram while still in the remaining state of ihram from the first Hajj. Yes.
Source قناة «فضيلة الشيخ محمد بن صالح العثيمين»، [3426] حكم من حج مفردًا ولم يسعَ لجهله - تعليقات على الكافي لابن عثيمين — youtube.com

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

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