What is the ruling on one who breaks his 'Umrah due to the crowd, what is the rule regarding breaking 'Umrah, and what is your advice in that matter?
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The questioner : Questions have multiplied regarding those who broke their 'Umrah due to the crowd. One man says, "A man entered the state of ihram for 'Umrah and performed the tawaf but did not complete the sa'y, and he put on his clothes. What is required of him?" Another says, "A man and his wife entered the state of ihram for 'Umrah, and when they had performed some of the circuits, they broke the 'Umrah, left, and put on their clothes, and they did not return until days later. What is the rule regarding breaking 'Umrah, and what is your advice in that matter?"
The Shaykh : The rule is that if a person begins Hajj or 'Umrah, it is obligatory for him to complete them, based on the saying of Allah, Blessed and Exalted is He:[Al-Baqarah 2:196]. Therefore, it is not permissible for him to break them, even if there is a crowd. He must wait until the crowd thins out and then complete the 'Umrah. As for those who broke their 'Umrah, we say that the ruling regarding them, first, is that they are sinful, unless they were ignorant, in which case they are not sinful.
Second, they remain in their state of ihram, even if they take off the ihram clothes and put on regular clothes, they are still in ihram. And they are sinful in wearing regular clothes, unless they were ignorant.
Third, it is obligatory for them now to return to Makkah to complete their 'Umrah. If they had performed the tawaf but did not perform the sa'y, we say, "The sa'y remains for you." If they had performed some of the circuits of tawaf and then left, we say, "Repeat the tawaf from the beginning." If they had performed some of the circuits of sa'y and then left, we say, "Return and start the sa'y from the beginning." It is obligatory. And if it is a man, it is obligatory for him to now discard his usual clothes, take off his clothes, put on the clothes of ihram, and rely upon Allah.
And it is regrettable that this happened to many people this year. When they saw the crowd, they left off completing it and went to their families. Perhaps a person may have had intercourse with his wife during this period, or perhaps he may have gotten married. If he got married, the marriage contract is invalid. Why? Because he is still, he is still in the state of ihram, and a person in the state of ihram cannot have a valid marriage contract. So if it happens that he has contracted a marriage, we say, "Hold on, do not go to your wife, until you go and complete the 'Umrah, then renew the contract." Yes.
The Shaykh : The rule is that if a person begins Hajj or 'Umrah, it is obligatory for him to complete them, based on the saying of Allah, Blessed and Exalted is He:
And complete the Hajj and 'umrah for Allah. But if you are prevented, then [offer] what can be obtained with ease of sacrificial animals
وأتموا الحج والعمرة لله فإن أحصرتم فما استيسر من الهديSecond, they remain in their state of ihram, even if they take off the ihram clothes and put on regular clothes, they are still in ihram. And they are sinful in wearing regular clothes, unless they were ignorant.
Third, it is obligatory for them now to return to Makkah to complete their 'Umrah. If they had performed the tawaf but did not perform the sa'y, we say, "The sa'y remains for you." If they had performed some of the circuits of tawaf and then left, we say, "Repeat the tawaf from the beginning." If they had performed some of the circuits of sa'y and then left, we say, "Return and start the sa'y from the beginning." It is obligatory. And if it is a man, it is obligatory for him to now discard his usual clothes, take off his clothes, put on the clothes of ihram, and rely upon Allah.
And it is regrettable that this happened to many people this year. When they saw the crowd, they left off completing it and went to their families. Perhaps a person may have had intercourse with his wife during this period, or perhaps he may have gotten married. If he got married, the marriage contract is invalid. Why? Because he is still, he is still in the state of ihram, and a person in the state of ihram cannot have a valid marriage contract. So if it happens that he has contracted a marriage, we say, "Hold on, do not go to your wife, until you go and complete the 'Umrah, then renew the contract." Yes.