Ruling on Not Exiting Ihram in Hajj Tamattuʿ and Its Effect on the Hajj & Sacrifice
Source: Fatāwā Arkān al-Islām
Question
If a person enters into Ihram for Hajj Tamattuʿ, performs ʿUmrah, but due to ignorance does not exit Ihram until after performing the sacrifice, what is the ruling on him? Is his Hajj valid?
Answer
Alḥamdulillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh, Ammā Baʿd!
A Muslim who enters into Ihram for Hajj Tamattuʿ and completes Tawaf and Saʿi for ʿUmrah must then shave or trim his entire head and exit Ihram. This is obligatory for him.
Case 1 — If He Made Hajj Intention Before Starting Tawaf of Umrah
If he remained in Ihram and made the intention for Hajj before starting the Tawaf of ʿUmrah, there is no harm. In this case, his Hajj becomes Hajj Qirān, and the sacrifice he offered will count as the sacrifice for Qirān.
Case 2 — If He Intended Hajj After Completing Tawaf and Saʿi of Umrah
If he was still in the intention of ʿUmrah and had completed Tawaf and Saʿi, and then entered into Ihram for Hajj, many scholars hold that this is invalid, because after the Tawaf of ʿUmrah, one cannot enter Hajj into ʿUmrah.
However, some scholars allow it and see no problem in it.
Final Ruling
Considering that this person was ignorant of the ruling:
◈ No Fidyah or expiation is required from him.
◈ And, In shāʾ Allāh, his Hajj is valid and sound.
ھذا ما عندي والله أعلم بالصواب
(This is my opinion, and Allah knows best what is correct.)
