A woman and a man performed 'Umrah and entered the area between the Ka'bah and the Hajar al-Aswad during tawaf, then returned to their country and committed prohibited acts. What is the ruling for them now?
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The questioner : O Shaykh, may Allah reward you. A woman and her husband...
The Shaykh : Ah?
The questioner : A woman and her husband performed 'Umrah and completed six circuits of tawaf. In the seventh circuit, they entered the area between the Ka'bah and the Hajar al-Aswad. Then they returned to their country and committed many of the prohibitions of ihram, including intercourse and others. What is the ruling in this case, and what is the ruling if they had not committed any prohibition?
The Shaykh : The tawaf in which a person enters between the Hajar al-Aswad and the Ka'bah is an incomplete tawaf, because it is obligatory that the tawaf be performed around the entire Ka'bah including the Hajar al-Aswad, as Allah the Exalted said:[Al-Hajj 22:29].
And if the tawaf is incomplete, it does not fulfill the command of Allah and His Messenger. The Prophet (peace and blessings be upon him) said:Sahih Muslim 1718b, meaning it is rejected. Thus, it is clear that the tawaf of these two people, the man and his wife, is not valid. It is obligatory for them now, and I advise you to inform them, that it is obligatory for them immediately to put on the clothes of ihram and go to Makkah to perform tawaf with the intention of 'Umrah, and to perform sa'y, and for the man to shave or cut his hair short, and for the woman to cut her hair short. By doing so, they will be released from their ihram. This is what is obligatory for them now.
As for the prohibited acts they committed, since they were done out of ignorance, there is no sin on them for it, and no expiation is required, as Allah Blessed and Exalted is He said:[Al-Baqarah 2:286].
So we ask you, may Allah reward you with good, to contact them immediately now. If they have a telephone, this telephone is in front of you; call them so that the man can take off his clothes and put on his ihram clothes, and so that the woman can... yes.
The questioner : Meaning, he realized that the 'Umrah was invalid.
The Shaykh : Ah?
The questioner : He realized that the 'Umrah they performed was invalid, and that they committed many prohibitions while knowing that the 'Umrah was invalid.
The Shaykh : It was also out of ignorance, because they thought that since it was invalid, they were released from it, just as if a prayer is invalid, the person exits from it. So it was also done out of ignorance. But if they had known that it was invalid and that they were still in a state of ihram, yes, they did nothing.
The questioner : O Shaykh, does this 'Umrah count as making up for the first one?
The Shaykh : Ah?
The questioner : Is the intention for making up the first one?
The Shaykh : No, this is completing it. It is not making up for the first one; it is completing the first one, because they are still in a state of ihram now. It is not permissible for them to use perfume or any of the prohibitions of ihram. So now, you know their telephone, here.
The questioner : I know him.
The Shaykh : Okay, call him now.
The questioner : He is outside.
The Shaykh : No, from here, give it to me. Yes, because this is obligatory upon us. The Messenger (peace and blessings be upon him) said:
The Shaykh : Ah?
The questioner : A woman and her husband performed 'Umrah and completed six circuits of tawaf. In the seventh circuit, they entered the area between the Ka'bah and the Hajar al-Aswad. Then they returned to their country and committed many of the prohibitions of ihram, including intercourse and others. What is the ruling in this case, and what is the ruling if they had not committed any prohibition?
The Shaykh : The tawaf in which a person enters between the Hajar al-Aswad and the Ka'bah is an incomplete tawaf, because it is obligatory that the tawaf be performed around the entire Ka'bah including the Hajar al-Aswad, as Allah the Exalted said:
perform Tawaf around the ancient House."
وليطوفوا بالبيت العتيقAnd if the tawaf is incomplete, it does not fulfill the command of Allah and His Messenger. The Prophet (peace and blessings be upon him) said:
He who did any act for which there is no sanction from our behalf, that is to be rejected.
من عمل عملا ليس عليه أمرنا فهو ردAs for the prohibited acts they committed, since they were done out of ignorance, there is no sin on them for it, and no expiation is required, as Allah Blessed and Exalted is He said:
Our Lord, do not impose blame upon us if we have forgotten or erred.
ربنا لا تؤاخذنا إن نسينا أو أخطأناSo we ask you, may Allah reward you with good, to contact them immediately now. If they have a telephone, this telephone is in front of you; call them so that the man can take off his clothes and put on his ihram clothes, and so that the woman can... yes.
The questioner : Meaning, he realized that the 'Umrah was invalid.
The Shaykh : Ah?
The questioner : He realized that the 'Umrah they performed was invalid, and that they committed many prohibitions while knowing that the 'Umrah was invalid.
The Shaykh : It was also out of ignorance, because they thought that since it was invalid, they were released from it, just as if a prayer is invalid, the person exits from it. So it was also done out of ignorance. But if they had known that it was invalid and that they were still in a state of ihram, yes, they did nothing.
The questioner : O Shaykh, does this 'Umrah count as making up for the first one?
The Shaykh : Ah?
The questioner : Is the intention for making up the first one?
The Shaykh : No, this is completing it. It is not making up for the first one; it is completing the first one, because they are still in a state of ihram now. It is not permissible for them to use perfume or any of the prohibitions of ihram. So now, you know their telephone, here.
The questioner : I know him.
The Shaykh : Okay, call him now.
The questioner : He is outside.
The Shaykh : No, from here, give it to me. Yes, because this is obligatory upon us. The Messenger (peace and blessings be upon him) said: