What is entailed for a wife who completed the Sa'y and performed 'Umrah, while her and her husband's intention was merely to pray when visiting the Grand Mosque in Makkah?
If a resident of Mecca wishes to perform ', they must exit to the nearest point outside the boundary (adna al-hill) to enter into from there. Whoever enters into ihram from within Mecca is liable for a compensatory sacrifice (dam) for abandoning an obligatory act. The circumambulation () of 'Umrah is not valid unless it is preceded by entering into ihram for it, which is a condition for the tawaf to be sufficient for 'Umrah.
So, if a woman entered into ihram from within Mecca, then performed tawaf and sa'y, she is liable for a dam. As for one who entered into ihram after performing tawaf, her tawaf and sa'y are not considered valid, and she remains in the state of ihram. She must return to Mecca to complete her tawaf and sa'y and then exit ihram.
As for prohibitions committed out of ignorance, one is excused for them. However, it is more cautious to obligate a (expiatory compensation) for acts of destruction, such as cutting hair or nails. This fidyah offers a choice between fasting for three days, feeding six needy people, or sacrificing a sheep. If she is unable to come to Mecca, her ruling is that of a person prevented from completing the pilgrimage (muhsar); she exits ihram by offering a sacrificial animal (hady), or by fasting for ten days if she is unable to do so.
However, if she did not intend 'Umrah at all, then nothing is incumbent upon her.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 111689
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
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