Back to search
The question

What is the ruling on a woman who performed Hajj as a Mutamatti'ah and, out of ignorance, omitted the Sa'i of Hajj? What are the implications after 38 years of her marriage, and must she assume ihram from the miqat to perform the missed Sa'i and then a new Umrah? What is the effect of this on her marriage contract?

Share this answer

Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The Sa'i (ritual circumambulation between Safa and Marwa) is an essential pillar of Hajj, and the greater disengagement from (tahallul al-akbar) is not complete without it.

If you have not performed the Sa'i of Hajj, you are still in your state of ihram, and it is not permissible for your husband to have intercourse with you until after performing the Sa'i.

The marriage contract after the first disengagement (tahallul al-awwal), which includes stoning (ramy) and shaving/clipping (halq), is valid according to Shaykh al-Islam Ibn Taymiyyah and Shaykh Ibn Uthaymeen. However, it is preferable to postpone it until after the greater disengagement.

If intercourse occurred due to ignorance, then there is no blame on either of you. The more cautious approach is to offer a (expiation), which is sacrificing a sheep, or feeding six poor people, or fasting for three days.

You must return to Mecca to perform the Sa'i with the intention of the previous Hajj, and you owe a dam (expiatory sacrifice) if your husband had intercourse with you.

You must perform the Farewell (Tawaf al-Wada') upon your departure from Mecca, because your first farewell is not considered valid.

There is no obligation to do anything concerning your uncle who passed away, and what he missed of the Sa'i is not performed on his behalf.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Where this answer came from
Source platform
Ftawy
Original fatwa ID
15321
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy