Praise
be to Allah
Firstly:
Tawaaf al-ifaadah
and the sa‘i of Hajj are two of the pillars or essential parts of Hajj,
without which Hajj is not complete.
If someone does
Hajj but he does not do tawaf al-ifaadah or sa‘i, and he completed the first
stage of exiting ihram by stoning the Jamaraat and shaving his head, then
only intimacy with women remains prohibited for him, and he must go back to
Makkah and do tawaf and sa‘i, no matter how long a period of time has
elapsed.
Shaykh Ibn
‘Uthaymeen (may Allah have mercy on him) said: Tawaf al-ifaadah is one of
the pillars or essential parts of Hajj, without which Hajj is not complete.
If someone failed to do it, then his Hajj is not complete, and he must do
it. So he must go back, even from his country, and do tawaf al-ifaadah.
In this case, as
he did not do tawaf, it is not permissible for him to be intimate with his
wife, because he has not completed the second stage of exiting ihram; the
second stage of exiting ihram is not complete until after doing tawaf al-ifaadah
and sa‘i, if he was doing tamattu‘ [Hajj and ‘umrah together, exiting ihram
in between]; or if he was doing qiraan [Hajj and ‘umrah together, without
exiting ihram in between] or ifraad [Hajj on its own], and he did not do
sa‘i with tawaf al-qudoom [the tawaf of arrival].
End quote from
Fataawa Arkaan al-Islam (p. 541).
Shaykh Ibn Baaz
(may Allah have mercy on him) was asked: I am one of the residents of Makkah.
I did Hajj last year and I did tawaf, but I did not do sa‘i. what is the
ruling?
He replied: You
must do sa‘i. This was an error on your part, because sa‘i is essential,
whether you are one of the residents of Makkah or otherwise. Sa‘i must be
done after tawaf; after you come back from ‘Arafaat you should do tawaf and
sa‘i. The one who failed to do sa‘i must do sa‘i now.
End quote from
Fataawa ash-Shaykh Ibn Baaz (17/341).
If this person
did ‘umrah several times after his Hajj, then the first ‘umrah he did
completed his Hajj, as the tawaf and sa‘i that he did in ‘umrah made up for
the tawaf and sa‘i of his Hajj. It does not matter that he intended that to
be for ‘umrah, because he was still in the state of ihram for Hajj, and his
entering ihram for ‘umrah is not to be counted. In the case of tawaf and
sa‘i, it is not stipulated that there be a specific intention (niyyah)
regarding them, intending that they be for Hajj or for ‘umrah, according to
the correct scholarly view. See: ash-Sharh al-Mumti‘ (7/403).
For more
information, please see the answer to question no.
273955, in which it states that tawaf in a later ‘umrah completes the
previous ‘umrah.
Conclusion: the
tawaf and sa‘i of the ‘umrah that was done after Hajj complete the Hajj, and
the questioner does not have to go back again to do the tawaf and sa‘i of
Hajj.
Secondly:
This questioner
must sacrifice a sheep, to be slaughtered in Makkah and the meat distributed
to the poor there, because he failed to do the farewell tawaf, as doing the
farewell tawaf before completing the rituals does not count.
Thirdly:
He should beware
of waswasah (whispers from the Shaytaan), because it is a disease and an
evil. The best remedy for it is to ignore it and pay no attention to it.
See the answer
to question no. 39684.
And Allah knows
best.