Regarding the Farewell Tawaf: I performed the tawaf on the upper level, and my tawaf was on the side of the Sa'i, on the wall between the Sa'i and the Tawaf area, and in one of the circuits, I performed the tawaf along with the Sa'i.
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The questioner : He says: Your Eminence, in the Farewell Tawaf during the past Hajj, I performed the tawaf on the upper level, and my tawaf was on the side of the Sa'i, on the wall between the Sa'i and the Tawaf area, and in one of the circuits, I performed the tawaf along with the Sa'i. One of the pilgrims also asked me: Is it permissible to perform tawaf along with the Sa'i? I answered him that it is permissible. Is my action correct or not? If it is not correct, what is obligatory for me, and for the man I answered, knowing that I do not know him? May Allah reward you with good.
The Shaykh : As for performing tawaf on the upper level of the Sa'i, it is not permissible, because the Sa'i is outside the Sacred Mosque. Therefore, if a woman performed tawaf for 'Umrah and then menstruated before the Sa'i, it is permissible for her to perform the Sa'i, because purity is not a condition for the Sa'i, and the Sa'i is not a mosque, so we do not say: she may not stay in it. Likewise, if a woman came with her family and she was menstruating and sat in the Sa'i waiting for them, there is nothing wrong with it. Likewise, buying and selling in the Sa'i is permissible, because it is not a mosque. Likewise, a person in a state of major ritual impurity may stay in it without performing ablution, because it is not a mosque. Likewise, a person in i'tikaf in the Sacred Mosque does not go out to the Sa'i, because the Sa'i is outside the mosque. Therefore, it is not permissible to perform tawaf outside the mosque, because Allah the Exalted said:[Al-Hajj 22:29] And if one performs tawaf outside the mosque, is it said: he performed tawaf around the House, or he performed tawaf around the mosque? He performed tawaf around the mosque. But we see, considering these later times, the large number of pilgrims, and the severe crowding, that if one performs tawaf on the upper level of the mosque and the narrow passage on the side of the Sa'i is full, and he finds no choice but to descend to the Sa'i or perform tawaf above the wall, we see, if Allah wills, that there is nothing wrong with it. But he must seize the opportunity as soon as he finds a gap to enter the mosque. As for issuing a fatwa to this man without knowledge, it is forbidden for him, because of the saying of Allah the Exalted: And let the one who issues fatwas know that if one issues a fatwa to someone without knowledge, and he leaves an obligatory act, the sin is on the one who issued the fatwa; and if he commits a forbidden act, the sin is on the one who issued the fatwa. A fatwa is not a commodity that is bought and sold and for which customers are brought. A fatwa is a very serious matter, because the mufti is an ambassador between Allah and His creation in conveying His Shari'ah. So it is a very great matter. The boldest of people in issuing fatwas are the boldest of them in entering the Fire, may Allah protect us from that. So every person should fear his Lord, and not rush into matters. If Allah the Exalted decrees that he will be a guide by whom Allah guides the people, he will be. So let him be patient until he matures. If a person eats grapes while they are unripe, before they mature, what happens? It harms him. We say: Be careful until you reach the level that qualifies you for issuing fatwas. As for knowing an issue of knowledge and thinking that you know all issues, or ruling by your opinion, this is not permissible. The time is up.
The questioner : A question regarding tawaf and Hajj.
The Shaykh : Important, important. If it is important, we do not want our brothers to stay up. Do you endure sleep, or do you not? Sleep. Yes.
The Shaykh : As for performing tawaf on the upper level of the Sa'i, it is not permissible, because the Sa'i is outside the Sacred Mosque. Therefore, if a woman performed tawaf for 'Umrah and then menstruated before the Sa'i, it is permissible for her to perform the Sa'i, because purity is not a condition for the Sa'i, and the Sa'i is not a mosque, so we do not say: she may not stay in it. Likewise, if a woman came with her family and she was menstruating and sat in the Sa'i waiting for them, there is nothing wrong with it. Likewise, buying and selling in the Sa'i is permissible, because it is not a mosque. Likewise, a person in a state of major ritual impurity may stay in it without performing ablution, because it is not a mosque. Likewise, a person in i'tikaf in the Sacred Mosque does not go out to the Sa'i, because the Sa'i is outside the mosque. Therefore, it is not permissible to perform tawaf outside the mosque, because Allah the Exalted said:
perform Tawaf around the ancient House."
وَلْيَطَّوَّفُوا بِالْبَيْتِ الْعَتِيقِSay: My Lord has only forbidden the open obscenities, whether they appear or are hidden, and sin, and oppression without right, and that you associate with Allah that for which He has not sent down any authority, and that you say about Allah that which you do not know.
قُلْ إِنَّمَا حَرَّمَ رَبِّي الْفَوَاحِشَ مَا ظَهَرَ مِنْهَا وَمَا بَطَنَ وَالإِثْمَ وَالْبَغْيَ بِغَيْرِ الْحَقِّ وَأَنْ تُشْرِكُوا بِاللَّهِ وَأَنْ تُشْرِكُوا بِاللَّهِ مَا لَمْ يُنَزِّلْ بِهِ سُلْطَاناً وَأَنْ تَقُولُوا عَلَى اللَّهِ مَا لا تَعْلَمُونَThe questioner : A question regarding tawaf and Hajj.
The Shaykh : Important, important. If it is important, we do not want our brothers to stay up. Do you endure sleep, or do you not? Sleep. Yes.