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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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What is the ruling on performing tawaf in a garment containing impurity that one was unaware of?

Machine translationRead the Arabic original
The questioner : This questioner says: If a Muslim performs the tawaf for 'Umrah, then performs sa'y afterwards, and exits the state of ihram from his 'Umrah, and then it is discovered that there was impurity in his garment during his tawaf, what is the ruling on that, with the evidence?

The Shaykh : If a person performs tawaf for 'Umrah and sa'y, and then finds impurity in his ihram garment, his tawaf is valid, his sa'y is valid, and his 'Umrah is valid. This is because if a person has impurity on his garment that he was unaware of, or if he was aware of it but forgot to wash it, and he prays in that garment, his prayer is valid. Likewise, if he performs tawaf in that garment, his tawaf is valid. So if a man, after finishing the Friday prayer, finds impurity in his garment but he was unaware of it before, what is the ruling on the Friday prayer? It is valid. And if he was aware of it but forgot to wash it, his prayer is valid. The evidence for this is the saying of Allah the Exalted:
Our Lord, do not impose blame upon us if we have forgotten or erred.رَبَّنَا لَا تُؤَاخِذْنَا إِن نَّسِينَا أَوْ أَخْطَأْنَا
[Al-Baqarah 2:286]
This is a general evidence that constitutes a great principle among the principles of the Shari'ah. There is also a specific evidence for this issue. The specific evidence for this issue is what we referred to in last night's lesson.

The questioner : The hadith that the Messenger (peace and blessings be upon him) prayed in his sandals.

The Shaykh : In this issue, the Messenger (peace and blessings be upon him) once prayed with his companions. It was his sunnah (recommended practice) (peace and blessings be upon him) to pray in his sandals, so the people took off their sandals. When he finished his prayer, he said:
Whatما
What is the matter with you?
They said: We saw you, O Messenger of Allah, take off your sandals, so we took off our sandals.قالوا رأيناك يا رسول الله خلعت نعليك فخلعنا نعالنا،
Gabriel came to me and informed meفقال إن جبريل أتاني فأخبرني
Mishkat al-Masabih 766
that there was in them
harm, meaning impurity,أذى يعني نجاة،
, and the Prophet (peace and blessings be upon him) did not restart the prayer, even though at the beginning of his prayer he had been wearing impure footwear. This indicates that if a person prays in an impure garment while forgetting or being unaware, his prayer is valid. Here is a question: A man was invited to a wedding feast and ate from it. There was camel meat in it, which was tender, soft, and delicious. He ate the camel meat until he was full, and then stood up to pray because he did not know that this meat was camel meat. Are you with him?

The questioner : Amen.

The Shaykh : When he finished his prayer, his companion who had invited him said: "Did you urinate?" He said: "What about it?" He said: "About the camel meat you ate." He said: "I thought it was sheep meat because it was tender, delicious, and small in size, as it was not a large piece." So what do we say to this man who ate the meat and prayed while not knowing?

The questioner : He repeats it. He repeats it.

The Shaykh : Three are valid, and that is it, but of course.

The questioner : Yes.

The Shaykh : He repeats the prayer. He repeats the prayer. Wait. He repeats the prayer. Why did you say that the one who prayed in an impure garment does not repeat it, but the one who ate camel meat while unaware does repeat it?

The questioner : What Allah willed.

The Shaykh : Because we have a useful and important principle. It is that obligatory acts are not dropped by ignorance or forgetfulness, and prohibited acts are dropped by ignorance and forgetfulness. Do you understand? What is the evidence for this principle? Listen to the evidence that obligatory acts are not dropped by ignorance and forgetfulness. The Prophet (peace and blessings be upon him) said:
Whoever sleeps through a prayer or forgetsمَنْ نَامَ عَنْ صَلَاةٍ أَوْ نَسِيَ
Musannaf Ibn Abi Shaybah 36:48
he prays it when he remembers it,يصلها إذا ذكرها،
And when he finished two rak'ahs of one of the ten prayers and forgot the rest of the prayer, did he complete it when he remembered, or did he say, "By Allah, I forgot, and this is dropped by forgetfulness"? Did he complete it? Good. This is evidence that obligatory acts are not dropped by forgetfulness. The evidence that obligatory acts are not dropped by ignorance, the evidence that duties are not dropped by ignorance, is that a man came and prayed a prayer without being tranquil in it. Then he came to the Prophet (peace and blessings be upon him) and greeted him. He said to him:
go back and pray for indeed you have not prayed.ارجع فصل فإنك لم تصل
Jami` at-Tirmidhi 2692Sahih (Darussalam)
, and he repeated it three times while he was praying, and he would come and say:
go back and pray for indeed you have not prayed.ارجع فصل فإنك لم تصل
Jami` at-Tirmidhi 2692Sahih (Darussalam)
. Until the Prophet (peace and blessings be upon him) taught him and he prayed a valid prayer. This man left an obligatory act while unaware. What is the obligatory act? Tranquility, because the man
By Him Who sent you with the Truth, Iقال والذي بعثك بالحق لا
Sahih Muslim 12a
did better than this, so teach me. If the obligatory act were dropped by ignorance, the Prophet (peace and blessings be upon him) would have excused him. And this principle is useful for the student of knowledge: that obligatory acts are not dropped by ignorance or forgetfulness, and that prohibited acts are dropped by ignorance and forgetfulness.
Source دروس وفتاوى المسجد الحرام لعام 1406هـ - 2 — binothaimeen.net (37:40)

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

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