The ruling on one who performed Hajj and left off the sa'y out of ignorance for a long time
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Question:
A pilgrim left off the sa'y out of ignorance, and six years have passed, and he got married during this period. What is required of him, O Shaykh?
Answer:
Hajj, or 'Umrah?
The student: No, Hajj.
The Shaykh: And he did not perform Hajj after that, nor 'Umrah, nor anything?
The student: Once.
The Shaykh: It appears that he must renew the marriage contract. He is still in a state of ihram. He has to return to Makkah and perform the sa'y, shorten his hair, exit the state of ihram, and renew the marriage contract. He owes nothing else. He has to renew the marriage contract, and praise be to Allah, and his children are attributed to him.
Q: And regarding the prohibitions he committed, does he owe anything?
The Shaykh: In his 'Umrah?
The student: No, in the Hajj.
The Shaykh: Did he perform Hajj ifrad, or Hajj tamattu'?
The student: No, tamattu'.
The Shaykh: And he did not perform the sa'y?
The student: Yes...
The Shaykh: This is according to another opinion of Shaykh al-Islam Ibn Taymiyyah and a group who hold that he owes nothing, and the first sa'y is sufficient for him. In any case, since he was ignorant, he owes nothing regarding wearing [clothes], shortening [hair], clipping his nails, and the like. Because the man who entered ihram wearing a jacket and applied perfume, the Prophet (peace and blessings be upon him) ordered him to keep the jacket on, and did not order him to pay a fidyah due to his ignorance. However, he should take precaution in his case; that is, he should go and perform the sa'y only, as a precaution to avoid the difference of opinion.
Q: Renewing the contract?
The Shaykh: If he renews the contract, it is a better precaution, to avoid the disagreement of the majority.
Q: After the first exit from ihram?
The Shaykh: After the tawaf, but after he has performed the sa'y of Hajj. There is disagreement regarding the sa'y of Hajj for the one performing tamattu'. A group says the first sa'y is sufficient, but the correct view is that the sa'y is necessary. The one performing tamattu' has two sa'ys. So he returns to Makkah and performs the sa'y of Hajj. And if he renews the marriage contract, it is a precaution. This is better.
Q: One who committed some of the prohibitions while forgetting, or out of ignorance.
The Shaykh: He owes nothing?
Q: Is this a general rule, O Shaykh?
The Shaykh: Yes, yes.
A pilgrim left off the sa'y out of ignorance, and six years have passed, and he got married during this period. What is required of him, O Shaykh?
Answer:
Hajj, or 'Umrah?
The student: No, Hajj.
The Shaykh: And he did not perform Hajj after that, nor 'Umrah, nor anything?
The student: Once.
The Shaykh: It appears that he must renew the marriage contract. He is still in a state of ihram. He has to return to Makkah and perform the sa'y, shorten his hair, exit the state of ihram, and renew the marriage contract. He owes nothing else. He has to renew the marriage contract, and praise be to Allah, and his children are attributed to him.
Q: And regarding the prohibitions he committed, does he owe anything?
The Shaykh: In his 'Umrah?
The student: No, in the Hajj.
The Shaykh: Did he perform Hajj ifrad, or Hajj tamattu'?
The student: No, tamattu'.
The Shaykh: And he did not perform the sa'y?
The student: Yes...
The Shaykh: This is according to another opinion of Shaykh al-Islam Ibn Taymiyyah and a group who hold that he owes nothing, and the first sa'y is sufficient for him. In any case, since he was ignorant, he owes nothing regarding wearing [clothes], shortening [hair], clipping his nails, and the like. Because the man who entered ihram wearing a jacket and applied perfume, the Prophet (peace and blessings be upon him) ordered him to keep the jacket on, and did not order him to pay a fidyah due to his ignorance. However, he should take precaution in his case; that is, he should go and perform the sa'y only, as a precaution to avoid the difference of opinion.
Q: Renewing the contract?
The Shaykh: If he renews the contract, it is a better precaution, to avoid the disagreement of the majority.
Q: After the first exit from ihram?
The Shaykh: After the tawaf, but after he has performed the sa'y of Hajj. There is disagreement regarding the sa'y of Hajj for the one performing tamattu'. A group says the first sa'y is sufficient, but the correct view is that the sa'y is necessary. The one performing tamattu' has two sa'ys. So he returns to Makkah and performs the sa'y of Hajj. And if he renews the marriage contract, it is a precaution. This is better.
Q: One who committed some of the prohibitions while forgetting, or out of ignorance.
The Shaykh: He owes nothing?
Q: Is this a general rule, O Shaykh?
The Shaykh: Yes, yes.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.