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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Ihram of a non-distinguishing child and his tawaf in 'Umrah

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Question:
I say: Honorable Shaykh, may Allah grant you success, my question, may Allah preserve you, is that, if Allah wills, I want to go for 'Umrah tomorrow, but I have a small child who is one and a half years old, and I want him to perform 'Umrah with me. However, I am afraid that he might relieve himself during the tawaf and I might not notice. Is it valid for a child like this to perform 'Umrah, and how do I put him in ihram?

Answer:
Yes, you intend ihram on his behalf. You keep him away from the prohibitions of ihram, you perform tawaf with him, and you shorten his hair, even if he relieves himself, because he does not distinguish. His 'Umrah is valid, even if he is not in a state of ritual purity, because ritual purity is not valid for him since he does not distinguish. So, if he relieves himself during the tawaf, this does not affect it, because ritual purity is not valid for him and his words are not accepted, as he does not distinguish. However, if he is a child who distinguishes, his ruling is the same as that of an adult. Yes.
Source قناة «العلامة الدكتور صالح الفوزان»، 141/58 شرح زاد المستقنع/ صالح الفوزان — youtube.com (1:22:36)

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

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