What is the ruling on someone who performed the Sa'i of 'Umrah starting with Safa, then Marwah, then the Black Stone, repeating that five times, and what is the ruling on his action according to the Hanafis?
This man erred by not learning the rulings of his religion. Sa'y (the ritual circumambulation) between Safa and Marwah is a pillar according to the majority of scholars. Therefore, his first ' is not complete, and he is still in the state of for it. He must return to Makkah to complete the Sa'y. The prohibitions of ihram that he committed out of ignorance are excused, except for those that resulted in damage; for these, he must offer a (expiatory sacrifice) for each type. The marriage contract he entered into is invalid, and he must renew the contract. Sheikh al-Islam Ibn Taymiyyah holds the view that a fidyah is not obligatory for the ignorant, but the first opinion is more cautious. If he cannot return to Makkah, then he is like one who is prevented (muhsar) and may exit ihram by sacrificing a Hady (sacrificial animal); if he is unable to do so, he must fast for ten days.
The Hanafis hold that Sa'y is an obligation, not a pillar. Whoever omits it must offer a dam (sacrificial animal), and his 'Umrah is valid. He must offer a dam for each 'Umrah in which he omitted the Sa'y; if he is unable, he must fast for ten days for each 'Umrah. This man is not excused according to the Hanafis unless the excuse was beyond his control.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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