His final question, or the appendix at the end of the paper, says: My mother went to Hajj, to the Hajj of the House of Allah, but she performed the sa'y between al-Safa and al-Marwah seven times before she performed the tawaf of the Ka'bah.
Machine translationRead the Arabic original
The questioner : His final question, or the appendix at the bottom of the paper, says: My mother went to Hajj, to the Hajj of the House of Allah, but she performed the sa'y between al-Safa and al-Marwah seven times before she performed the tawaf of the Ka'bah. What do you say about that? Answer us, may Allah guide you.
The Shaykh : We say that if this was in Hajj, the correct view is that there is no harm in it, just as if she arrived on the Day of Sacrifice and performed the tawaf of ifadhah and the sa'y of Hajj, and she did the sa'y before the tawaf, there is no blame on her for that. This is because the Prophet (peace and blessings be upon him) and this is a good hadith, and some scholars authenticated it. It is also apparent from the generality of his statement in the authentic hadith: Sahih al-Bukhari 1736 The first mention of the sa'y is from the narration of Abu Dawud, and the second is in the two Sahihs. As for if that was in 'Umrah, the majority of scholars hold that the sa'y is defective if it is performed before the tawaf. In this case, if the sa'y is defective, then this person would have entered Hajj into 'Umrah before completing it, and would be a qarin. By "this person," I mean the woman who is his mother.
The questioner : Yes.
The Shaykh : She would be a qarinah, and in that case, her ritual would be complete. Some scholars, who are a minority, hold that performing the sa'y before the tawaf, even in 'Umrah, if it is done out of ignorance, does not harm. In any case, your mother's Hajj is valid and her 'Umrah is complete, whether she was a mutamatti'ah or a qarinah, and she owes nothing.
The questioner : But how does she transition from tamattu' to qiran? Perhaps she would exit the state of ihram, for example, between...
The Shaykh : Her exiting the state of ihram does not prevent the ritual from remaining, as long as the ritual is still ongoing. This is because one of the characteristics of Hajj and 'Umrah is that intention does not affect them, in the sense that if a person intends to exit while his ritual is still ongoing, he does not exit from it. That is, if he exits the state of ihram.
The questioner : Yes.
The Shaykh : And he rejects his state of ihram, and something of it remains upon him, then this exiting the state of ihram does not benefit him, meaning that he does not exit from it by intention.
The questioner : Yes.
The Shaykh : And this is one of the characteristics of Hajj. Accordingly, if she exited the state of ihram thinking that her 'Umrah had ended, while it had not ended, then her 'Umrah remains.
The questioner : Yes, but is she required to do anything, for example, regarding this exiting the state of ihram?
The Shaykh : She is not required to do anything because she was ignorant.
The questioner : Yes.
The Shaykh : Yes, indeed.
The Shaykh : We say that if this was in Hajj, the correct view is that there is no harm in it, just as if she arrived on the Day of Sacrifice and performed the tawaf of ifadhah and the sa'y of Hajj, and she did the sa'y before the tawaf, there is no blame on her for that. This is because the Prophet (peace and blessings be upon him)
A man asked him, saying: I performed the sa'y before I performed the tawaf. He said: There is no harm.
سأله رجل فقال سعيت قبل أن أطوف فقال لا حرجSo, on that day, when the Prophet (ﷺ) was asked about anything (about the ceremonies of Hajj) done before or after (its stated time) his reply was, "Do it (now) and there is no harm."
ما سئل يومئذ عن شيء قدّم ولا أخر إلا قال افعل ولا حرجThe questioner : Yes.
The Shaykh : She would be a qarinah, and in that case, her ritual would be complete. Some scholars, who are a minority, hold that performing the sa'y before the tawaf, even in 'Umrah, if it is done out of ignorance, does not harm. In any case, your mother's Hajj is valid and her 'Umrah is complete, whether she was a mutamatti'ah or a qarinah, and she owes nothing.
The questioner : But how does she transition from tamattu' to qiran? Perhaps she would exit the state of ihram, for example, between...
The Shaykh : Her exiting the state of ihram does not prevent the ritual from remaining, as long as the ritual is still ongoing. This is because one of the characteristics of Hajj and 'Umrah is that intention does not affect them, in the sense that if a person intends to exit while his ritual is still ongoing, he does not exit from it. That is, if he exits the state of ihram.
The questioner : Yes.
The Shaykh : And he rejects his state of ihram, and something of it remains upon him, then this exiting the state of ihram does not benefit him, meaning that he does not exit from it by intention.
The questioner : Yes.
The Shaykh : And this is one of the characteristics of Hajj. Accordingly, if she exited the state of ihram thinking that her 'Umrah had ended, while it had not ended, then her 'Umrah remains.
The questioner : Yes, but is she required to do anything, for example, regarding this exiting the state of ihram?
The Shaykh : She is not required to do anything because she was ignorant.
The questioner : Yes.
The Shaykh : Yes, indeed.