Missed tawaf ziyarah in hajj
Mu' meneen Brothers and Sisters,
As Salaam Aleikum wa Rahmatullahi wa Barakatuh.
(May Allah's Peace, Mercy and Blessings be upon all of you)
One of our brothers/sisters has asked
this question:
Dear Sir,
My sister and her husband
went for haj last year. My sister
health was not very good she was suffering from serious heart problem yet she
gathered the courage to perform the haj. Both of them performed all the arkans
of Haj but on the last day of haj they could not perform tawafe ziyarah of
Kaaba because my sister fell very sick and the bus driver was not ready to wait
for them so both of them could not perform tawafe ziyarah of Kaaba and returned
to India.
Now my brother in law is not
talking to my sister since last one year and saying that she is out of their
nikah and if he touches her then that will be zina and he has become very rude
to her just because they could not perform the tawafe ziyarah of Kaaba due to
my sister ill health and he saying that unless they perform the haj second time
and carry out all the arkaans specially tawafe ziyarah of Kabaa then only she
will be under his nikah and he can have marital relationship.
Please advise me in the light
of quran and sunna if above is correct or wrong.
I await to receive your
response.
(There may be some grammatical and spelling
errors in the above statement. The forum does not change anything from
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confidentiality.)
Answer:
Missed tawaf ziyarah
in hajj
In the name of Allah,
We praise Him, seek His help and ask for His forgiveness. Whoever Allah
guides none can misguide, and whoever He allows to fall astray, none can guide
them aright. We bear witness that there is none worthy of worship but Allah
Alone, and we bear witness that Muhammad (saws) is His slave-servant and the
seal of His Messengers.
Respected brother, you need to
confirm to us whether the ‘tawaaf’ missed by your sister and her husband was
the ‘tawaaf-e-ziyaarah’ or was it the ‘tawaaf-ul-wida’.
The ‘tawaf-e-ziyarah’ is the
tawaf one does after returning from the plains of Arafah, giving the sacrifice,
and shaving the head (for men). This is
an absolutely obligatory rite of Hajj, and until this ‘tawaf’ is not performed
the ‘Hajj’ will be deemed uncompleted.
If for any reason the
‘tawaf-e-ziyarah’ was not performed, the husband and the wife are not allowed
to conjugate with each other until they return back to Makkah and complete this
‘tawaf’. Some scholars are of the opinion
that the atonement for missing the ‘tawaf-e-ziyarah’ is to perform the ‘tawaf’
at a later date and also give a ‘dumm’ (sacrifice).
The ‘tawaf-ul-wida’ is the
‘tawaf’ one must perform when one has completed all the rites of Hajj and is
just about to leave Makkah for their home country. If for any reason one has returned to their
country without performing the ‘tawaf-ul-wida’, their atonement is to offer a
sacrifice in Makkah. They can come back
to Makkah and give the sacrifice themselves, or they could ask someone in
Makkah to offer this sacrifice on their behalf.
If one has missed the
‘tawaf-ul-wida’ for some reason, it does not effect their marital relations and
they are at liberty to conjugate with each other whenever they wish and please.
Your Statement: ….Both of them
performed all the arkans of Haj
but on the last day of haj they could not perform tawafe ziyarah of Kaaba
because my sister fell very sick and the bus driver was not ready to wait for
them so both of them could not perform
tawafe ziyarah of Kaaba and returned to India.
From
your above statement it seems that the ‘tawaf’ which your sister and her
husband did not perform was the ‘tawaf-ul-wida’ and not the
‘tawaf-e-ziyaarah’.
Your Statement: ….Now my
brother in law is not talking to my sister since last one year and saying that
she is out of their nikah and if he touches her then that will be zina and he
has become very rude to her just because
they could not perform the tawafe ziyarah of Kaaba due to my sister ill health
and he saying that unless they
perform the haj second time and carry out all the arkaans specially tawafe
ziyarah of Kabaa then only she will be under his nikah and he can have marital
relationship.
If
your sister and her husband missed the ‘tawaf-ul-wida’, they are merely to
offer a sacrifice as atonement for their missed rite. The missing of the ‘tawaf-ul-wida’ has
absolutely no bearing on their marital rights and relations.
But
if indeed your sister and her husband missed the ‘tawaf-e-ziyarah’ (which is
highly unlikely), their ‘nikaah’ itself remains intact, but they cannot enjoy
conjugal relations with each other unless and until they return back to Makkah
at any time and fulfill the missed ‘tawaf-e-ziyaarah’ and also give a sacrifice
as atonement.
We
reiterate again that the non-performance of the ‘tawaf-e-ziyaarah’ does not
invalidate the ‘nikaah’ in the least.
The only restriction is that the couple cannot enjoy conjugal relations
with each other unless and until the atonement for the missed ‘tawaf-e-ziyarah’
is completed.
Whatever written of
Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever
of error is of me alone. Allah Alone
Knows Best and He is the Only Source of Strength.
Your brother and
well wisher in Islam,
Burhan