106544: He did tawaaf for ‘Umrah inside the Hijr


A woman and her husband did ‘Umrah and did six circuits of tawaaf, then in the seventh circuit they went in between the Ka’bah and the Hijr, then they went back to their country. What is the ruling in this case?.

Praise be to Allaah.

The tawaaf in which a person goes in between the Hijr and the Ka’bah is an incomplete tawaaf, because tawaaf should be around the entire Ka'bah including the Hijr, because Allaah says (interpretation of the meaning): “and circumambulate the Ancient House (the Ka‘bah at Makkah)” [al-Hajj 22:29]. But if it is incomplete then it is not in accordance with the command of Allaah and His Messenger. The Prophet (peace and blessings of Allaah be upon him) said: “Whoever does any action that is not in accordance with this matter of ours will have it rejected.”  

Thus it is clear that the tawaaf that these two people – the man and his wife – did is a tawaaf that was not correct, so what they should do now, straight away, is put on their ihraam garments and go to Makkah and do tawaaf with the intention of doing ‘Umrah, and do saa’i and cut their hair, or the man may shave his head and the woman should cut her hair. Thus they will exit their ihraam. This is what they have to do now. 

As for what they have done of things that are forbidden in ihraam, which they have done out of ignorance, there is no sin on them for that and they do not have to offer any fidyah, because Allaah, may He be blessed and exalted, says (interpretation of the meaning): “Our Lord! Punish us not if we forget or fall into error” [al-Baqarah 2:286], and the Prophet (peace and blessings of Allaah be upon him) told us that Allaah, may He be exalted, said: “I will do that.” End quote. 

Majmoo’ Fataawa Ibn ‘Uthaymeen (23/352, 353).
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