Not spending the nights in Mina.

Answered according to Hanafi Fiqh by DarulIftaBirmingham


Answered by:  Aalimah Sabrina Saidova​

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Question:


Assalamu Alaikum Wa Rahmatullah


My Mother in Law performed Hajj five years ago but  she was unable to perform below mention ritual of Hajj, 


1. Because of health issue, she left Mina and stayed in Makkah instead of Mina on 11th & 12th of Dhu Al Hajj.


2. She was sick and also due to ignorance during Tawaaf al-ifaadah she only performed Tawaaf but did not perform Sa’ee of Hajj.


3. Later on, 13th  Dhu Al-Hajj when it was known to her that saa’i is obligatory she assigned some other person proxy to perform Saa’i on her behalf, and the other person performed Saa’i for her.


        She was performing Hajj Tamattu’.


        She went back to her native country and some months later she passed away and is no longer living to come back and complete the missed rituals.


       


My question is,


1. Is her Hajj valid? Was there any sin on her?


2. Her daughter is going for her obligatory Hajj this year can she perform the leftover rituals of her mother on her behalf?


3. Do we need to offer some sacrifice on her behalf?


 


 


Please advise at your earliest as her daughter will be leaving for Hajj this week. Jazak Allah


 


بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم


             


In the name of ALLAH the Most Gracious, the Most Merciful.


It is sunnah mu’akkadah (emphasized sunnah) to spend the nights of the 11th and 12th of Dhul Hijjah in Mina, and spending it anywhere else is makruh but does not obligate damm (sacrifice). [1] Doing sa’ee is waajib in both ‘umrah and hajj, and because she did not perform her sa’ee of hajj, she’s obliged to give damm (sacrificing of a goat or sheep).[2]


If has missed a necessary ritual of hajj or ‘umrah, and has become so ill that she was unable to walk herself or there was no one to push her on a stroller or she was unable to sit on the stroller altogether, then there is nothing upon her.[3]


However, If she fell ill for a short period of time, then recovered, and after a while passed away without performing the missed ritual and has also not given compensation, then it was waajib for her to do wasiyyat (will) for that missed ritual. If she has not done wasiyyat, her heirs may still fulfill it on her behalf, and it is hoped from Allah Ta’aala that it will be accepted on her behalf.[4] Her daughter may perform the damm on her behalf as long as she has completed her obligatory hajj rituals as the Prophet (peace be upon him) has said: “perform hajj on behalf of your father, and ‘umrah.”[5]


 


And only Allah knows best


 


Answered by Aalimah Sabrina Saidova


Checked and approved Mufti Mohammed Tosir Miah


Darul Ifta Birmingham


 


 


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