The ruling on one who performs 'Umrah or Hajj while in a state of major ritual impurity
Machine translationRead the Arabic original
Question:
What is the ruling on one who wears the ihram garments and performs tawaf around the Ka'bah during Hajj or 'Umrah while in a state of major ritual impurity, whether out of forgetfulness or laziness? Does he owe a fidyah or what?
Answer:
He must repent to Allah (Glorified and Exalted is He) and he must perform ghusl, then repeat the tawaf if it was obligatory. If the tawaf was voluntary, he owes nothing except repentance and seeking forgiveness; because he is playing with it. Tawaf is prayer, so one does not perform tawaf unless he is purified from both major and minor ritual impurity. One does not perform tawaf while in a state of major ritual impurity, nor does a menstruating woman or a woman with post-natal bleeding perform tawaf. Rather, all of them must wait until purity is achieved through ghusl.
Likewise, one who has a minor ritual impurity does not perform tawaf until he performs wudu'. If he performs tawaf while in a state of major ritual impurity or with a minor ritual impurity intentionally, he is sinful and deserves to be disciplined if the one in authority knows of it, and he must repent to Allah (Glorified and Exalted is He).
As for if he was forgetful, he owes nothing, but he must repeat the tawaf if it was obligatory, and there is no sin on him, but he must repeat it if it was the tawaf of 'Umrah, or the tawaf of Hajj, the tawaf al-ifadhah or the tawaf al-wada'. He repeats it if he remembers that he was not in a state of purity. He repeats the tawaf. As for if it was voluntary, the matter is broad, he does not have to repeat it, but he is not allowed to perform tawaf, even if voluntary, while in a state of ritual impurity; because tawaf is prayer, except that Allah has permitted speech in it. And the Prophet (peace and blessings be upon him), when he intended to perform tawaf, performed wudu'.
The presenter: If it happens that he committed one of the prohibitions that are forbidden for someone like him, what do you advise him, Shaykh 'Abd al-'Aziz?
The Shaykh: If he did not enter the state of ihram, he owes nothing. But if he entered the state of ihram but engaged in some of the forbidden acts, such as applying perfume intentionally, or cutting his nails intentionally, he owes the fidyah that the scholars have explained, and which came in the noble hadith from the hadith of Ka'b ibn 'Ujr. If he did it intentionally, he must feed six poor people, half a sa' of the local staple food, such as dates or otherwise, for each poor person, or fast for three days, or slaughter a sheep. The slaughter and feeding are for the poor people of the Haram, just as if he covered his head or wore sewn clothing, likewise in the state of his ihram. So the one who cuts his nails or applies perfume intentionally, or shaves his hair intentionally, owes the fidyah. But if he was forgetful, he owes nothing. Yes, even if he was ignorant, he owes nothing. Yes.
The presenter: And if he had intercourse with his wife, Shaykh 'Abd al-'Aziz?
The Shaykh: There is scholarly disagreement in this if he was forgetful. But if he did it intentionally, his 'Umrah is invalidated and his Hajj is invalidated, if it was before the first tahallul, before, meaning, throwing the pebbles, shaving, shortening the hair, and performing tawaf. Either before 'Arafah or after 'Arafah, but before he performs the first tahallul, his Hajj is invalidated. He completes his 'Umrah, making it an 'Umrah, a defective 'Umrah, and he must make it up in the future, in place of the Hajj he invalidated. And he owes a camel to be slaughtered in Makkah for the poor. And in 'Umrah, if he invalidated the 'Umrah by having intercourse before performing tawaf and sa'y, he owes a sheep, and his 'Umrah is invalidated. He completes it, then makes it up from the miqat from which he entered ihram the first time. He makes up this defective one in which he had intercourse, then he must perform a new 'Umrah from the miqat from which he entered ihram, in place of this 'Umrah he invalidated. We ask Allah for well-being. Yes.
The presenter: O Allah, amen.
What is the ruling on one who wears the ihram garments and performs tawaf around the Ka'bah during Hajj or 'Umrah while in a state of major ritual impurity, whether out of forgetfulness or laziness? Does he owe a fidyah or what?
Answer:
He must repent to Allah (Glorified and Exalted is He) and he must perform ghusl, then repeat the tawaf if it was obligatory. If the tawaf was voluntary, he owes nothing except repentance and seeking forgiveness; because he is playing with it. Tawaf is prayer, so one does not perform tawaf unless he is purified from both major and minor ritual impurity. One does not perform tawaf while in a state of major ritual impurity, nor does a menstruating woman or a woman with post-natal bleeding perform tawaf. Rather, all of them must wait until purity is achieved through ghusl.
Likewise, one who has a minor ritual impurity does not perform tawaf until he performs wudu'. If he performs tawaf while in a state of major ritual impurity or with a minor ritual impurity intentionally, he is sinful and deserves to be disciplined if the one in authority knows of it, and he must repent to Allah (Glorified and Exalted is He).
As for if he was forgetful, he owes nothing, but he must repeat the tawaf if it was obligatory, and there is no sin on him, but he must repeat it if it was the tawaf of 'Umrah, or the tawaf of Hajj, the tawaf al-ifadhah or the tawaf al-wada'. He repeats it if he remembers that he was not in a state of purity. He repeats the tawaf. As for if it was voluntary, the matter is broad, he does not have to repeat it, but he is not allowed to perform tawaf, even if voluntary, while in a state of ritual impurity; because tawaf is prayer, except that Allah has permitted speech in it. And the Prophet (peace and blessings be upon him), when he intended to perform tawaf, performed wudu'.
The presenter: If it happens that he committed one of the prohibitions that are forbidden for someone like him, what do you advise him, Shaykh 'Abd al-'Aziz?
The Shaykh: If he did not enter the state of ihram, he owes nothing. But if he entered the state of ihram but engaged in some of the forbidden acts, such as applying perfume intentionally, or cutting his nails intentionally, he owes the fidyah that the scholars have explained, and which came in the noble hadith from the hadith of Ka'b ibn 'Ujr. If he did it intentionally, he must feed six poor people, half a sa' of the local staple food, such as dates or otherwise, for each poor person, or fast for three days, or slaughter a sheep. The slaughter and feeding are for the poor people of the Haram, just as if he covered his head or wore sewn clothing, likewise in the state of his ihram. So the one who cuts his nails or applies perfume intentionally, or shaves his hair intentionally, owes the fidyah. But if he was forgetful, he owes nothing. Yes, even if he was ignorant, he owes nothing. Yes.
The presenter: And if he had intercourse with his wife, Shaykh 'Abd al-'Aziz?
The Shaykh: There is scholarly disagreement in this if he was forgetful. But if he did it intentionally, his 'Umrah is invalidated and his Hajj is invalidated, if it was before the first tahallul, before, meaning, throwing the pebbles, shaving, shortening the hair, and performing tawaf. Either before 'Arafah or after 'Arafah, but before he performs the first tahallul, his Hajj is invalidated. He completes his 'Umrah, making it an 'Umrah, a defective 'Umrah, and he must make it up in the future, in place of the Hajj he invalidated. And he owes a camel to be slaughtered in Makkah for the poor. And in 'Umrah, if he invalidated the 'Umrah by having intercourse before performing tawaf and sa'y, he owes a sheep, and his 'Umrah is invalidated. He completes it, then makes it up from the miqat from which he entered ihram the first time. He makes up this defective one in which he had intercourse, then he must perform a new 'Umrah from the miqat from which he entered ihram, in place of this 'Umrah he invalidated. We ask Allah for well-being. Yes.
The presenter: O Allah, amen.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.