A man performed the sa'y of Hajj on the Day of Sacrifice while in the state of tamattu', and delayed the tawaf al-ifadah along with the tawaf al-wada'. Does he owe any blood sacrifice or anything else?
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The questioner : He says: A man performed the sa'y of Hajj on the Day of Sacrifice while in the state of tamattu' and delayed the tawaf al-ifadah along with the tawaf al-wada'. Does he owe any blood sacrifice or anything else? This is because he heard a hadith narrated from the Prophet (peace and blessings be upon him) in which a man who had performed sa'y before tawaf asked him, and he said: ?
The Shaykh : There is nothing on him. That is to say, performing the sa'y of Hajj before the tawaf al-ifadah is permissible, provided that the sa'y is performed after standing at 'Arafah and Muzdalifah. We mentioned this condition because some people assume that it is permissible for a person to enter the state of ihram for Hajj in Makkah, then perform the sa'y for Hajj and leave. When he returns after standing at 'Arafah, he performs the tawaf. This is a mistake, because the Prophet (peace and blessings be upon him) was asked about performing sa'y before tawaf after standing at 'Arafah and after standing at Muzdalifah. Based on this, we say: if he performed the sa'y after standing at 'Arafah and spending the night at Muzdalifah, there is no harm in performing the sa'y before the tawaf. And he may delay the tawaf until he departs. This is in the case of Hajj. As for 'Umrah, it is not permissible to perform its sa'y before its tawaf, because there is no report from the Prophet (peace and blessings be upon him) permitting that. The original ruling is the obligation of sequence. For this reason, the Prophet (peace and blessings be upon him) did not grant 'A'ishah a dispensation to perform sa'y before tawaf when she was menstruating, because the tawaf in 'Umrah must necessarily be before the sa'y. Whoever analogizes 'Umrah to Hajj has analogized it with a difference. And analogy with a difference is not valid. Yes.
Do it, and there is no blame on you.
افعل ولا حرجThe Shaykh : There is nothing on him. That is to say, performing the sa'y of Hajj before the tawaf al-ifadah is permissible, provided that the sa'y is performed after standing at 'Arafah and Muzdalifah. We mentioned this condition because some people assume that it is permissible for a person to enter the state of ihram for Hajj in Makkah, then perform the sa'y for Hajj and leave. When he returns after standing at 'Arafah, he performs the tawaf. This is a mistake, because the Prophet (peace and blessings be upon him) was asked about performing sa'y before tawaf after standing at 'Arafah and after standing at Muzdalifah. Based on this, we say: if he performed the sa'y after standing at 'Arafah and spending the night at Muzdalifah, there is no harm in performing the sa'y before the tawaf. And he may delay the tawaf until he departs. This is in the case of Hajj. As for 'Umrah, it is not permissible to perform its sa'y before its tawaf, because there is no report from the Prophet (peace and blessings be upon him) permitting that. The original ruling is the obligation of sequence. For this reason, the Prophet (peace and blessings be upon him) did not grant 'A'ishah a dispensation to perform sa'y before tawaf when she was menstruating, because the tawaf in 'Umrah must necessarily be before the sa'y. Whoever analogizes 'Umrah to Hajj has analogized it with a difference. And analogy with a difference is not valid. Yes.
