A man who had intercourse with his wife after the first tahallul in Hajj, and was told that his Hajj was invalid for this reason and that he had to complete it and make it up, but he procrastinated and did not complete it
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The questioner : The honorable Shaykh, a man performed Hajj with his wife, and after the first tahallul, he had intercourse with her. She was not in agreement with it and actually prevented him from doing so. So he sought a fatwa, but from someone who does not issue fatwas without knowledge. He thought he was knowledgeable about the ruling, so he told him, "Your Hajj is invalid, and you must complete it and make it up." So he procrastinated when he heard that his Hajj was invalid, and said, "I will perform Hajj next year." He is now asking what is required of him before the time for Hajj arrives now, knowing that they did not complete the sa'y and tawaf, and they are residents of the Haram.
The Shaykh : The fatwa that was given to him, or the one I am giving, is incorrect, because the one who gave him the fatwa said, "Your Hajj is defective." But Hajj does not become defective if the intercourse was after the first tahallul. What becomes defective is the ihram. In other words, we tell him: if you had intercourse after the first tahallul, go to the state of ihram, meaning to the nearest point, to 'Arafah, to the mosque of al-Tan'īm, and enter ihram from there. Then perform tawaf, and you are in a state of ease in your ihram, and there is nothing required of you except this, except that you slaughter a sheep and distribute it to the poor. If you wish, you can fast for three days, or if you wish, feed six poor people, half a sa' for each poor person. And your Hajj is valid. And on this occasion, I warn you about two things. The first thing: that you seek fatwas from people you do not know are qualified to issue fatwas, because, unfortunately, many people have a drop of knowledge and think they are the ocean, the renowned scholar, and they issue fatwas on everything that comes to them. Everything that comes to them, they issue a fatwa on. This man issued a fatwa that the Hajj is defective, when it was not defective. So beware of people like these. The second matter: I warn you not to perform Hajj without knowing the rulings of Hajj, or if you make a mistake in Hajj, to remain silent until years have passed and then you come to ask. This is not correct. If you want to perform Hajj, know the rulings of Hajj first, and then if a mistake occurs on your part, do not delay in asking. Be prompt in asking so that you can rectify the mistake in a short time. So these are two matters I warn you against: the first is seeking a fatwa from someone you do not know is qualified for fatwa, and the second is that you be prompt in asking about the ruling of the mistake if you make one, but before that, learn the rulings of Hajj and 'Umrah. This is all that is required of him, meaning he fasts for three days or feeds six poor people, half a sa' for each poor person, but the feeding must be in Makkah.
The questioner : Knowing that they did not complete the sa'y and tawaf.
The Shaykh : The intercourse occurred before the tawaf and sa'y. In any case, this is what I understood from the question. The questioner is present now. In any case, I am answering now on the assumption that they proceeded to complete the rites and performed tawaf and sa'y. But if they did not perform tawaf and did not perform sa'y, then the answer is that they must now go to Makkah and perform an 'Umrah. They must enter ihram from the miqat, perform tawaf and sa'y, and shorten their hair. Then they must perform the tawaf of ifadhah and the sa'y of Hajj. That is, they must go now, before he has intercourse with her, and before anything else, and perform tawaf and sa'y. But the tawaf and sa'y must be preceded by an 'Umrah. Yes.
The questioner : He said: So they procrastinated in completing it.
The Shaykh : In any case, this is the ruling if they did not perform tawaf and did not perform sa'y in the previous year. Now, he must go and not approach his wife. He must go now, he and his wife, unless she is forced, he and his wife, and enter ihram for an 'Umrah. Then they perform tawaf and sa'y and shorten their hair. After that, they perform the tawaf of ifadhah and the sa'y, along with the expiation we mentioned.
The Shaykh : The fatwa that was given to him, or the one I am giving, is incorrect, because the one who gave him the fatwa said, "Your Hajj is defective." But Hajj does not become defective if the intercourse was after the first tahallul. What becomes defective is the ihram. In other words, we tell him: if you had intercourse after the first tahallul, go to the state of ihram, meaning to the nearest point, to 'Arafah, to the mosque of al-Tan'īm, and enter ihram from there. Then perform tawaf, and you are in a state of ease in your ihram, and there is nothing required of you except this, except that you slaughter a sheep and distribute it to the poor. If you wish, you can fast for three days, or if you wish, feed six poor people, half a sa' for each poor person. And your Hajj is valid. And on this occasion, I warn you about two things. The first thing: that you seek fatwas from people you do not know are qualified to issue fatwas, because, unfortunately, many people have a drop of knowledge and think they are the ocean, the renowned scholar, and they issue fatwas on everything that comes to them. Everything that comes to them, they issue a fatwa on. This man issued a fatwa that the Hajj is defective, when it was not defective. So beware of people like these. The second matter: I warn you not to perform Hajj without knowing the rulings of Hajj, or if you make a mistake in Hajj, to remain silent until years have passed and then you come to ask. This is not correct. If you want to perform Hajj, know the rulings of Hajj first, and then if a mistake occurs on your part, do not delay in asking. Be prompt in asking so that you can rectify the mistake in a short time. So these are two matters I warn you against: the first is seeking a fatwa from someone you do not know is qualified for fatwa, and the second is that you be prompt in asking about the ruling of the mistake if you make one, but before that, learn the rulings of Hajj and 'Umrah. This is all that is required of him, meaning he fasts for three days or feeds six poor people, half a sa' for each poor person, but the feeding must be in Makkah.
The questioner : Knowing that they did not complete the sa'y and tawaf.
The Shaykh : The intercourse occurred before the tawaf and sa'y. In any case, this is what I understood from the question. The questioner is present now. In any case, I am answering now on the assumption that they proceeded to complete the rites and performed tawaf and sa'y. But if they did not perform tawaf and did not perform sa'y, then the answer is that they must now go to Makkah and perform an 'Umrah. They must enter ihram from the miqat, perform tawaf and sa'y, and shorten their hair. Then they must perform the tawaf of ifadhah and the sa'y of Hajj. That is, they must go now, before he has intercourse with her, and before anything else, and perform tawaf and sa'y. But the tawaf and sa'y must be preceded by an 'Umrah. Yes.
The questioner : He said: So they procrastinated in completing it.
The Shaykh : In any case, this is the ruling if they did not perform tawaf and did not perform sa'y in the previous year. Now, he must go and not approach his wife. He must go now, he and his wife, unless she is forced, he and his wife, and enter ihram for an 'Umrah. Then they perform tawaf and sa'y and shorten their hair. After that, they perform the tawaf of ifadhah and the sa'y, along with the expiation we mentioned.