Question
Question: A man performed ṭawāf of the House, and when he passed by the Ḥijr he put his hand on the structure surrounding it, unaware of what the jurists of the madhhab say—that this invalidates the ṭawāf. He only learned of this after returning home. What is required of him?
Answer
Answer And Allah grants success: The jurists of the madhhab say this corrupts the ṭawāf, on the grounds that the circumambulator did not circle the House with his entire body, whereas the obligation is to circumambulate with the whole body, as is apparent from His saying: “and let them circumambulate the Ancient House” [al-Ḥajj:29].
Based on that, their ruling varies:
If this occurred in ṭawāf al-ziyārah, he must return to Mecca to perform a complete ṭawāf, and owes a blood-expiation (dam) for delay. He does not owe a dam for “division” if he repeats the whole ṭawāf. He remains prohibited from marital relations until he performs ṭawāf al-ziyārah.
If it was in ṭawāf al-wadāʿ or ṭawāf al-qudūm, he owes a dam if he did this in every circuit of the seven, or in four of them; if in fewer than that, then a charity for each circuit—thus say the jurists of the madhhab.
As for me: I hold that this does not impair the ṭawāf, so nothing is due and the ṭawāf is valid, whether in ṭawāf al-ziyārah or otherwise, because:
1. The doer was ignorant, and the Exalted said: “There is no blame upon you for what you err in, but [only] for what your hearts intended” [al-Aḥzāb 5].
2. The hand follows the body: if the body is outside the Kaʿbah, the hand is deemed outside for the ruling. Evidence is the report that the Prophet (May Allah bless him and his family and grant them peace) asked one of his wives to hand him the khumrah (small prayer mat) while he was in the mosque. She excused herself due to menstruation, and he, May Allah bless him and his family and grant them peace, said to the effect: “Your menstruation is not in your hand,” permitting the menstruant to extend her hand into the mosque though entering it is prohibited for her—showing the hand takes the body’s ruling. Thus if the body is outside the mosque, the hand is likewise, even if the hand is physically inside.
3. One who completes seven circuits around the House is said to have performed ṭawāf whether or not he placed his hand atop the wall of the Ḥijr. The Ḥijr existed in the Prophet’s time, and nothing is reported from him, May Allah bless him and his family and grant them peace, warning against placing the hand on its wall during ṭawāf, despite the commonality of such a situation. It is related: “What He kept silent about is a pardon.” Allah, Exalted is He, has laid out the rites of ḥajj and their rulings in His Book and on the tongue of His Messenger, May Allah bless him and his family and grant them peace, and there is no mention of placing the hand on the Ḥijr’s wall during ṭawāf—indicating no ruling attaches to it. “And your Lord is never forgetful” [Maryam:64].
Source: Min Thimār al-ʿIlm wa al-Ḥikmah vol.1
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