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If One Did Not Do Istibraa, Must They Pay a Penalty for Performing the Tawaf Without Wudu?

Answered as per Hanafi Fiqh by Seekersguidance.org
Answered by Shaykh Yusuf Weltch

Question 

If one did not do istibraa, must they pay a penalty for performing the Tawaf without wudu?

Answer

In the Name of Allah, the Most Merciful and Compassionate

After relieving oneself, it is obligatory for men to clear the urinary tract from any remnant drops of urine before starting the ablution. This can be achieved by any method that one is used to, such as taking a few steps, raising the legs, gently pushing out any final drops with the hand, etc… [Tahtawi/Shurunbulali, Hashiyat Maraqi al-Falah] 

However, one should be wary of using means that are harmful to the body. [Ibid.]

Reasonable Surety and Certainty

Once one is reasonably sure or certain that no drops remain in the urethra, it is valid for them to begin their ablution (wudu). Note that it is not required to check. [Ibid.]

Performing Tawaf and Purification

It is a condition for the complete fulfillment of the circumambulation (Tawaf) during the ‘Umra, that one be in a state of purity during it. [Haskafi, al-Durr al-Muntaqa] 

If one performed the Tawaf in a state of ritual impurity, whether minor or major, they must repeat the Tawaf and no sacrifice is required. If they have already left the state of Ihram and cannot repeat the Tawaf, they must sacrifice a sheep. [Ibid.]

Doubt Regarding the Past Purifications

If one has doubt whether they did a proper istibraa’ in past purifications, after having known about the ruling, they should ignore such doubts. The basis is that if some one truly felt that drops of urine may still continue to come out, they would not have performed the wudu. That said, any doubts to the contrary would require proof which is not possible to attain. Therefore, ignore them and only act on the above rulings of Tawaf, if you are certain regarding the drops of urine.

Hope this helps

Allah knows best

[Shaykh] Yusuf Weltch

Checked and Approved by Shaykh Faraz Rabbani

 

This answer was collected from Seekersguidance.org. It’s an online learning platform overseen by Sheikh Faraz Rabbani. All courses are free. They also have in-person classes in Canada.

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