Not Praying After the Tawaf and Doing the Sa’ee While not in a State of Ihram

Answered according to Hanafi Fiqh by

Answered by Shaykh Ilyas Patel

Question: Assalamu ‘alaykum,

1) For one of the tawafs I performed, I never read the two nafl salah as I think I thought it was sunnah not Wajib. Are acts like tawaf like the  prayer after Tawaf in that you make qada of them?
I have already made qada of the salah. Is dam/penalty wajib? 

2) All my family performed the sa’y of Tawaf al Ziyara before the Hajj days by performing a nafl tawaf before it and then intending the sa’y of Hajj. None of us were in a state of Ihram for this wajib sa’y. Is this sa’y valid?

3) Only one penalty is needed to cover both mistakes?

4)Despite these offences, if one made the necessary reparations, is this Hajj considered acceptable or is it better to make niyyah/preparations to do it again because wajibaat were missed ? 

5) With respect to other family members etc, if penalty is wajib am I obliged to tell them that? One member of the group delegated the stoning – some of us (including a doctor) didn’t think he had a good excuse. Was that wajib for him?

6) Does one have to tell the person instructed to do the sacrifice that it’s for a penalty for Hajj violations or ideally not reveal that sin?

Answer: Wassalamu alaykum

I hope you are well.

1)The performance of two rakat salah after a Tawaf is wajib. The performance of it is not fixed to Makkah or any particular place. One is allowed to perform it throughout one’s life, although it is recommended to perform it after the Tawaf. Therefore, your performance of it later is valid and would not require a dam/penalty because the performing two rakat after Tawaf is from the wajibat of Tawaf and not Hajj.

(Umdat al fiqh Vo. 5 pg 179)

2)The Ihram for Haj [and Umrah] must be made prior to the performance of sa’ee. The detail is, if the sa’ee is pertaining to hajj and is observed before the wuquf of Arafah then it is a condition that the pilgrim must be in a state of Ihram at the time of sa’ee.
(Mu’allim al Hujjaj pg 177)

Therefore, in your case, because you were not in a state of Ihram during the sa’ ee you will have to give a dam/penalty.

3)One dam/penalty will have to be given, due to not preceding the Sa’ee with the Ihram of Hajj
The integrals of Sa’ee are: a) To perform it between Safa and Marwa, b) To perform Sa’ee after the completion of Tawaf or most part of it, c) To precede the Sa’ee with the Ihram of Hajj or Umrah, d) To begin the Sa’ee from Safa and to end at Marwa, e) In Hajj, to perform the Sa’ee in its time (Hajj days),f) To perform most part of the Sa’ee
(Mu’allim al-Hujjaj)

4) It is a good intention to want to repeat the Haj again, but having corrected your mistakes by giving a dam/penalty it would suffice.

5)Yes one is obliged to tell others of their Haj violations in a proper and caring manner, as mistakes can happen.
Pelting the pillars is a wajib, therefore one will have to give a dam/penalty if the stoning was delegated to someone else without a valid excuse.

6)One is not revealing a sin, and the dam/penalty has to be given in the vicinity of the haram anyway.One should instruct the agency that the sacrifice is for a hajj violation so they take due consideration.

Ilyas Patel

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