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The Ruling on Re-Initiating Iḥrām for Hajj after It Has Been Corrupted

Mufti:
Alsayyed Muhammad b. Abdallah Awad Al-Muayyady
تاريخ النشر:
Fatwa number: 18128
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The Ruling on Re-Initiating Iḥrām for Hajj after It Has Been Corrupted
Fatwa number: 18128
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Question

Question: If Hajj is corrupted by intercourse—whether before standing at ʿArafah or on the day of ʿArafah—does it suffice to re-initiate iḥrām (performing ghusl and making talbiyah for Hajj) and then go to ʿArafah such that his Hajj is valid?

Answer

Answer—and Allah grants success: The scholars of the madhhab and others said: That is neither valid nor permissible, due to what is reported from ʿAlī (peace be upo him) and others—namely, the obligation to proceed and complete [the rites], then to perform Hajj the following year, and to slaughter a camel (badnah).
But for that text, analogy would suggest the validity of re-initiation if possible—just as in the prayer: when it is corrupted, one must exit it and then re-initiate it.
With us, the statement of ʿAlī (peace be upo him) is authoritative and must be followed; it is supported by His saying: “And complete the Hajj and ʿUmrah for Allah.” [al-Baqarah:196]—which indicates the obligation to complete what a Muslim has entered into of Hajj or ʿUmrah, whether it became corrupted or not.
It may be said: Although the statement of ʿAlī (May Allah be pleased with him) is authoritative and must be followed, it is opposed by analogy with the prayer.
If it be said: The textual proof takes precedence over analogy.
We say: Analogy—although weaker than the text—is reinforced here by the facilitation and ease it entails.
Furthermore, it may be said: One can avoid having to proceed with a corrupted Hajj—if the corruption occurred before standing at ʿArafah—by either of two lawful stratagems:
First: Converting the Hajj to an ʿUmrah, as the Companions did in the Farewell Pilgrimage; then he declares iḥrām for Hajj thereafter, and his Hajj is valid in that case; then he makes up the ʿUmrah after the Days of Tashrīq. This is a legitimate stratagem.
Second: Renouncing (rafḍ) what he entered into of iḥrām; a dam is due for renunciation, then he re-initiates iḥrām for Hajj anew. A badnah remains obligatory whether he converts the Hajj to an ʿUmrah or renounces the iḥrām.
However, renunciation is prohibited and not permissible, due to the earlier statement of ʿAlī (peace be upon him) obligating proceeding with the corrupted Hajj.
Source : Min Thimār al-ʿIlm wa al-Ḥikmah vol.1

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