Fatwa: # 19086
Category: Hajj
Country: United States
Date: 22nd November 2010

Title

My wife did not have wudhu during tawaaf while on Hajj and Umrah. What should we do now?

Question

Alhamdulillah, I went for Hajj with my family in 2004. My wife had a  discharge, (not the monthly one), which nullified her wudhu. At that time she was unaware that a discharge breaks wudhu.

As a result, she performed Tawaf Ziyaarah, Tawaaf Wida, Tawaaf Umrah, and  several nawaafil tawaaf without wudhu.

Does she need to offer damm for these tawaaf, so we can request our friends  who are going for hajj this year. Also what will be niyaah for this damm, and do we need to mention her name for damm.

Answer

In the Name of Allāh, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.


Tawaaf Ziyaarah:

If all or most of the Tawaaf Ziyaarah was performed without wudhu, then damm will be compulsory.

If less than half of the Tawaaf Ziyaarah (3 or less circuits around the Kabah) was performed without wudhu, half a Saa' (1.75kg to 2.32 kg / 3.86 lb to 5.11 lb) of wheat (or its monetary equivalent which is equal to the amount given for Sadaqat-ul-Fitr) will have to be given as Sadaqah for every circuit performed without wudhu.1

Tawaaf Widaa & Nafl Tawaaf:

If the Tawaaf Widaa or any Nafl Tawaaf was performed without wudhu, half a Saa' (1.75kg to 2.32 kg / 3.86 lb to 5.11 lb) of wheat (or its monetary equivalent which is equal to the amount given for Sadaqat-ul-Fitr) will have to be given as Sadaqah for every circuit performed without wudhu.2  .

 

Tawaaf Umrah:

If any circuit of the Tawaaf of Umrah was performed without wudhu, then a damm will be compulsory.3

The damm has to be given inside the Haram. The word damm refers to the slaughtering of a goat, a sheep or a one-seventh part of a cow or a camel within the precincts of the Haram in lieu of certain violations made while performing the manaasik (rites) of Hajj.4 5

The person performing the damm will make the intention of performing the damm on behalf of your wife.

The Sadaqah can be given outside the Haram.


And Allāh knows best.

Ml. Sohail Bengali

Chicago, IL (USA)


Concurred by:

Muftī Abrar Mirza
Chicago, IL (USA)


Under the Supervision of Muftī Ebrahim Desai (South Africa)

 

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1   Muallim ul Hujjaj, pg. 244, Idarat-ul-Islamiyaat

2   Ibid.

3   Ibid. pg. 245

4   Ibid. pg. 263

5   الجناية التي يجب بارتكابها دم - شاة أو سبع بدنة - وهي أمور عديدة

    الفقه الميسر مؤسسة الصحافة والنشر لكناؤ الهند ص. ٢٧٨

DISCLAIMER - AskImam.org questions
AskImam.org answers issues pertaining to Shar'ah. Thereafter, these questions and answers are placed for public view on www.askimam.org for educational purposes. However, many of these answers are unique to a particular scenario and cannot be taken as a basis to establish a ruling in another situation or another environment. Askimam.org bears no responsibility with regards to these questions being used out of their intended context.
  • The Shar's ruling herein given is based specifically on the question posed and should be read in conjunction with the question.
  • AskImam.org bears no responsibility to any party who may or may not act on this answer and is being hereby exempted from loss or damage howsoever caused.
  • This answer may not be used as evidence in any Court of Law without prior written consent of AskImam.org.
  • Any or all links provided in our emails, answers and articles are restricted to the specific material being cited. Such referencing should not be taken as an endorsement of other contents of that website.
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