What is the ruling on our farewell tawaf in Hajj on the third floor, and entering the sa'y area due to the crowd?
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The questioner : Regarding the farewell tawaf in Hajj, we performed it on the third floor, Shaykh. When we reached the sa'y area, there was a crowd, especially this year with the women coming up, so we went up to the sa'y area to perform tawaf to avoid the crowd. We were told that tawaf on the roof of the sa'y area is not valid because it is outside the Haram. What is your opinion, Shaykh?
The Shaykh : Because it is outside the Haram.
The questioner : Because the sa'y area is outside the Haram.
The Shaykh : I did not have a clear picture of the situation. Is the sa'y area, which is...
The questioner : ...inside the Haram or outside it?
The Shaykh : Listen.
The questioner: Yes.
The Shaykh : Is the sa'y area, the old paved one, outside or inside?
The questioner : It is outside, and Allah knows best.
The Shaykh : How?
The questioner : The old one.
The Shaykh : The old one, the old one.
The questioner: Yes.
The Shaykh : Outside?
The questioner : It is considered outside the Haram, as some scholars mention, such that a menstruating woman can sit in it, and there is disagreement regarding the junub (one in a state of major ritual impurity), meaning...
The Shaykh : Shaykh, you are asking about sa'y on the third floor. I am repeating the question: is the first floor, the ground floor, inside the Haram or outside it?
The questioner : If my intention, Shaykh, is the mosque, then no. There are scholars who say it is outside the Haram, outside the mosque. What is your opinion, Shaykh?
The Shaykh : Shaykh, leave it to me and the scholars.
The questioner: Yes.
The Shaykh : Did you understand what I mean?
The questioner : I understood your question, Shaykh.
The Shaykh : What is my question?
The questioner: Yes.
The Shaykh : What is my question?
The questioner : Is the sa'y area on the first floor within the intended Haram, meaning the mosque, and Allah knows best, or not?
The Shaykh : Yes, is it part of the mosque?
The questioner : According to my knowledge, it is outside the mosque.
The Shaykh : Who says this? Do you not know that the Sacred Mosque, wherever it is extended, is considered part of the mosque? In any case, regarding the third floor, I have no knowledge and I am not informed about it. But if the matter reaches the point of saying that the ground-level sa'y area is not part of the Haram, that is a gross error.
The questioner : Yes.
The Shaykh : And peace be upon you.
The Shaykh : Because it is outside the Haram.
The questioner : Because the sa'y area is outside the Haram.
The Shaykh : I did not have a clear picture of the situation. Is the sa'y area, which is...
The questioner : ...inside the Haram or outside it?
The Shaykh : Listen.
The questioner: Yes.
The Shaykh : Is the sa'y area, the old paved one, outside or inside?
The questioner : It is outside, and Allah knows best.
The Shaykh : How?
The questioner : The old one.
The Shaykh : The old one, the old one.
The questioner: Yes.
The Shaykh : Outside?
The questioner : It is considered outside the Haram, as some scholars mention, such that a menstruating woman can sit in it, and there is disagreement regarding the junub (one in a state of major ritual impurity), meaning...
The Shaykh : Shaykh, you are asking about sa'y on the third floor. I am repeating the question: is the first floor, the ground floor, inside the Haram or outside it?
The questioner : If my intention, Shaykh, is the mosque, then no. There are scholars who say it is outside the Haram, outside the mosque. What is your opinion, Shaykh?
The Shaykh : Shaykh, leave it to me and the scholars.
The questioner: Yes.
The Shaykh : Did you understand what I mean?
The questioner : I understood your question, Shaykh.
The Shaykh : What is my question?
The questioner: Yes.
The Shaykh : What is my question?
The questioner : Is the sa'y area on the first floor within the intended Haram, meaning the mosque, and Allah knows best, or not?
The Shaykh : Yes, is it part of the mosque?
The questioner : According to my knowledge, it is outside the mosque.
The Shaykh : Who says this? Do you not know that the Sacred Mosque, wherever it is extended, is considered part of the mosque? In any case, regarding the third floor, I have no knowledge and I am not informed about it. But if the matter reaches the point of saying that the ground-level sa'y area is not part of the Haram, that is a gross error.
The questioner : Yes.
The Shaykh : And peace be upon you.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.