A man performed Hajj while ignorant and neglected the overnight stay in Mina; should he perform Hajj this year with the intention of making up the obligatory Hajj of the past?
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The questioner : Your Eminence,The Shaykh : A man performed Hajj in the past and neglected some of the obligatory acts and those below them while ignorant. He now wants to perform Hajj this year following the guidance of the Messenger of Allah (peace and blessings be upon him). Should he intend it as the obligatory Hajj, or will it be a voluntary Hajj that compensates for the deficiency in his past Hajj?
The Shaykh : We must know what he neglected last year.
The questioner : For example, sleeping in Mina.
The Shaykh : Meaning?
The questioner : He was ignorant; he was following his family. His family were ignorant, and he was ignorant, so they were directing him, and he was following them. He would stay overnight in Mecca, and they would return during the day, and so on.
The Shaykh : This is easy. Neglecting the overnight stay in Mina does not invalidate the Hajj, but he must slaughter a sheep in Mecca and distribute it to the poor.
The questioner : And he was ignorant?
The Shaykh : And he was ignorant, because there is no sin on him. However, since this obligatory act has a substitute, let him slaughter the substitute. This is if he is able. If he is not able to slaughter the sheep, then he owes nothing.
The questioner : And if he intends Hajj now, what does he intend?
The Shaykh : This Hajj is now a voluntary one.
The questioner : The new Hajj?
The Shaykh : The new Hajj that will come will be a voluntary one.
The questioner : Does it not compensate?
The Shaykh : It does not compensate; it does not make it right. Do you see if a person leaves saying "Subhan Rabbi al-Azim" in prayer in an obligatory prayer, in the Fajr prayer, and then when he finishes, he realizes he left this obligatory act? He says, "I will pray two rak'ahs for what I missed." We say, "It does not make it right. Prostrate for forgetfulness; that is sufficient for you." So, the result is that we tell this brother: if you are able, slaughter a sheep in Mecca and distribute it to the poor for neglecting this obligatory act. If you are not able, then you owe nothing. In any case, the Hajj is complete.
The Shaykh : We must know what he neglected last year.
The questioner : For example, sleeping in Mina.
The Shaykh : Meaning?
The questioner : He was ignorant; he was following his family. His family were ignorant, and he was ignorant, so they were directing him, and he was following them. He would stay overnight in Mecca, and they would return during the day, and so on.
The Shaykh : This is easy. Neglecting the overnight stay in Mina does not invalidate the Hajj, but he must slaughter a sheep in Mecca and distribute it to the poor.
The questioner : And he was ignorant?
The Shaykh : And he was ignorant, because there is no sin on him. However, since this obligatory act has a substitute, let him slaughter the substitute. This is if he is able. If he is not able to slaughter the sheep, then he owes nothing.
The questioner : And if he intends Hajj now, what does he intend?
The Shaykh : This Hajj is now a voluntary one.
The questioner : The new Hajj?
The Shaykh : The new Hajj that will come will be a voluntary one.
The questioner : Does it not compensate?
The Shaykh : It does not compensate; it does not make it right. Do you see if a person leaves saying "Subhan Rabbi al-Azim" in prayer in an obligatory prayer, in the Fajr prayer, and then when he finishes, he realizes he left this obligatory act? He says, "I will pray two rak'ahs for what I missed." We say, "It does not make it right. Prostrate for forgetfulness; that is sufficient for you." So, the result is that we tell this brother: if you are able, slaughter a sheep in Mecca and distribute it to the poor for neglecting this obligatory act. If you are not able, then you owe nothing. In any case, the Hajj is complete.