Not completing Hajj rituals after staying overnight in Muzdalifah
Fatwa No: 113904

Question

I set out for Hajj some years ago and while we were going from ‘Arafaat to Muzdalifah, my nephew was lost. When we did not find him, we moved on to Muzdalifah where we spent the night, but my brother took us back to our home in Makkah. When we arrived, I slept and have not completed the rituals of Hajj until today out of ignorance. What should I do?

Answer

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.

It is obligatory for every Muslim to learn the Sharee‘ah rulings, so that he performs his acts of worship correctly and avails himself of any blame. We understood from your question that you did not perform any of the Hajj rituals after spending the night in Muzdalifah. If this is the case, then you are still in the state of Ihraam and you must go to Makkah and abstain from what the pilgrim in the state of Ihraam abstains from. Then, make Tawaaf Al-Ifaadhah and Sa‘y between As-Safa and Al-Marwah unless you were performing Qiraan or Ifraad Hajj and made Sa‘y after Tawaaf Al-Qudoom. In the latter case, you are not required to make Sa‘y again. You are required to slaughter a sacrificial animal and distribute it among the poor of the Sacred Precincts for each obligatory ritual of Hajj missed. In other words, you must slaughter a sacrificial animal for not throwing the pebbles; another one for not spending the night in Mina; a third one for not spending the night in Muzdalifah if you left it before midnight. Ibn ‘Abbaas said: "Whoever missed any ritual of Hajj has to slaughter a sacrificial animal."

If you are not able to return to Makkah, you take the ruling of the pilgrim who is prevented from continuing his Hajj. Thus, you should dissolve your Ihraam by slaughtering a sacrificial animal, and if you are unable, you should fast ten days. If you could not slaughter a sacrificial animal for missing some obligatory rituals of Hajj, you have to fast ten days for each sacrificial animal. As to the violations of Ihraam, it seems that you committed them out of ignorance as you said, and the preponderant opinion is that the ignorant Muslim is not required to offer any sort of compensation for the violations committed. Shaykh-ul-Islam and other scholars approved this opinion since Allaah The Almighty Says (what means): {And there is no blame upon you for that in which you have erred but [only for] what your hearts intended. And ever Is Allaah Forgiving and Merciful.}[Quran 33:5]

If you concluded a marriage contract during this period, it is not valid and must be renewed if you wish to continue the marriage.

Allaah Knows best.

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