A man performed Hajj al-Qiran, and on the twelfth day he performed the farewell tawaf and returned to his country without performing tawaf or sa'y. What is his ruling?
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The questioner : A man performed Hajj al-Qiran, and on the twelfth day of Dhul-Hijjah he performed the farewell tawaf and returned to his country.
The Shaykh : Did he not perform the tawaf of ifadah?
The questioner : He did not intend to; he did not perform tawaf or sa'y, but he says he performed the farewell tawaf.
The Shaykh : Did he perform sa'y as soon as he arrived?
The questioner : He performed tawaf and sa'y as soon as he arrived.
The Shaykh : This man who performed Hajj al-Qiran, who performed tawaf upon arrival as soon as he reached Makkah and performed sa'y, and then, after standing at 'Arafah and Muzdalifah, performed the farewell tawaf and left, we say that the tawaf of ifadah remains upon him, and it is a pillar without which Hajj is not complete. Also, the second release from ihram remains upon him. Therefore, he must not approach his wife if he has one, and it is obligatory for him to complete his Hajj as long as the month is still remaining. Now, it is obligatory for him to travel to Makkah, and it is better for him to perform 'Umrah when he passes the miqat: he should enter ihram from the miqat, perform tawaf and sa'y, and shorten his hair, then perform the tawaf of ifadah.
The questioner : This happened three years ago.
The Shaykh : Yes, so he must go to Makkah, even if it was three years ago. Now, it is obligatory for him to go to Makkah and do what I told you: he should perform 'Umrah because he passed the miqat intending to complete the rites. He should enter ihram for 'Umrah, perform tawaf and sa'y for it, and shorten his hair, then perform the tawaf of ifadah.
The questioner : And intercourse with the wife?
The Shaykh : By Allah, regarding intercourse with his wife, I see that if we punished him with the stricter ruling, because the man was negligent and did not ask for three years! This is a problem. But according to the opinion that an ignorant person is not obligated to do anything, we say: if he repents to Allah and rectifies his deeds, he is not obligated to do anything other than what I mentioned.
The Shaykh : Did he not perform the tawaf of ifadah?
The questioner : He did not intend to; he did not perform tawaf or sa'y, but he says he performed the farewell tawaf.
The Shaykh : Did he perform sa'y as soon as he arrived?
The questioner : He performed tawaf and sa'y as soon as he arrived.
The Shaykh : This man who performed Hajj al-Qiran, who performed tawaf upon arrival as soon as he reached Makkah and performed sa'y, and then, after standing at 'Arafah and Muzdalifah, performed the farewell tawaf and left, we say that the tawaf of ifadah remains upon him, and it is a pillar without which Hajj is not complete. Also, the second release from ihram remains upon him. Therefore, he must not approach his wife if he has one, and it is obligatory for him to complete his Hajj as long as the month is still remaining. Now, it is obligatory for him to travel to Makkah, and it is better for him to perform 'Umrah when he passes the miqat: he should enter ihram from the miqat, perform tawaf and sa'y, and shorten his hair, then perform the tawaf of ifadah.
The questioner : This happened three years ago.
The Shaykh : Yes, so he must go to Makkah, even if it was three years ago. Now, it is obligatory for him to go to Makkah and do what I told you: he should perform 'Umrah because he passed the miqat intending to complete the rites. He should enter ihram for 'Umrah, perform tawaf and sa'y for it, and shorten his hair, then perform the tawaf of ifadah.
The questioner : And intercourse with the wife?
The Shaykh : By Allah, regarding intercourse with his wife, I see that if we punished him with the stricter ruling, because the man was negligent and did not ask for three years! This is a problem. But according to the opinion that an ignorant person is not obligated to do anything, we say: if he repents to Allah and rectifies his deeds, he is not obligated to do anything other than what I mentioned.