As Salaamu Alaikum.
During Hajj, our group did not perform tawaful ifadah until the 15th of Zull Hijjah. We read in the Hajj book that according to Hanafi, tawaful ifadah must be done before sunset of 12th day otherwise Dam must be done. We spoke to the group leader and he got some fatwa from a Saudi Sheik who is supposed to be the Hanafi master saying that we can do the tawaful ifadah any time before leaving Makkah and there is no Dam. No one did Dam. Is our Hajj complete? What is the correct ruling?
Wa Alaikum As Salaam,
The official ruling and sound Madhhab of Imam Abu Hanifa is that if one delays the Tawaful Ifadah and performs it after the sunset of the 12th Zul Hijjah, then this delay is Makrooh Tahreema (detestable and intensely disliked), since the person neglected the essential (Wajib) act of performing the Tawaf on time. The time given for the performance of this Tawaf is from the morning of the 10th Zul Hijjah until the sunset of the 12th Zul Hijjah, and it is wajib (essential) for one to perform this Tawaf during this time.
When one delays it after the sunset of the 12th Zul Hijjah, a Dam (sacrifice of a sheep or goat) becomes essential upon that person. In this regard, the grand 11th century Hanafi jurist, the great Imam Tamartashi writes in his renowned work ‘Tanweer Al Absar’, ‘if one delays it (the Tawaf Al Ifadah) from the days/nights of sacrifice (that is, he delays it after the sunset of the 12th Zul Hijjah), then that is Makrooh (Allama Haskafi says that ‘it is Makrooh Tahreema), and a Dam (sacrifice) is wajib (essential) upon this person’. While commenting on this, the great 13th century expert Hanafi Jurist, Allama Ibn Abideen Shami, writes, ‘This is the correct and sound ruling as mentioned in Al Mabsoot, Qadhi Khan, Al Kaafi, Al Bada’i and others. It is mentioned that ‘the official fatwa (verdict) is upon this ruling’ (Radd Al Muhtaar Vol. 2 pgs 518,519 H.M Saeed Karachi 1406 A.H).
An exception to this ruling is given to a woman who, due to being in her menses for the entire period from the 10th Zul Hijjah until the sunset of the 12th Zul Hijjah could not perform the Tawafful Ifadah during the fixed days and nights given in Shariah, and had to delay it after the sunset of the 12th due to her state. In this case, there will be no Dam (sacrifice) upon her (Radd Al Muhtaar Vol 2 pgs 518,519 H.M Saeed Karachi; Kitabul Fatawa Vol. 4 pg 78 Zam Zam publisher Karachi 20018).
With respect to the status of the Hajj, it is complete but everyone must pay the Dam (that is, those who delayed the Tawaful Ifadah). In order to fulfill the requirement of the Dam (sacrifice), each person must send the amount of money for one sheep or goat (one year old) to any agent in Makkah, and ask the agent to slaughter the animal as a Dam within the boundaries of the Haram. Along with this, all those persons who delayed the Tawaful Ifadah (during the performance of their Hajj) must also repent to Allah and seek His forgiveness for the mistake that was made since it is considered to be a sin.
(Kitabul Hajj – Mufti Muhammad Ashiq Elahi pg. 98 – Darul Isha’at Karachi).
And Allah Knows best
Mufti Waseem Khan