Shariah Ruling in Case of Doubt or Dispute During Umrah Tawaf
Source: Fatāwā Arkān al-Islām
A woman performed Hajj Tamattuʿ with her husband. During the sixth circuit (shawṭ) of her Umrah Tawaf, her husband told her it was actually the seventh circuit and insisted on it. What is the ruling in such a case?
Alḥamdulillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh, Ammā Baʿd!
✿ If the woman was certain it was the sixth circuit and she did not complete the Tawaf, then her Umrah was not complete.
✿ Tawaf is a pillar (rukn) of Umrah, and without it the Umrah is invalid.
✿ If she entered into Ihram for Hajj before completing the Umrah, then her Hajj becomes Qirān.
✿ This is because before finishing Umrah she had already entered Hajj Ihram, thereby combining both acts of worship.
✿ If at the time of her husband’s insistence she was unsure (neither certain it was the sixth nor the seventh), then nothing is required from her.
✿ In such a case, doubt excuses her and no expiation or repetition is necessary.
✿ If the husband was certain it was the seventh circuit, his statement would be given weight in this situation.
✿ Therefore, the wife should accept his statement and act accordingly.
ھذا ما عندي والله أعلم بالصواب
(This is my opinion, and Allah knows best what is correct.)
Source: Fatāwā Arkān al-Islām
Question
A woman performed Hajj Tamattuʿ with her husband. During the sixth circuit (shawṭ) of her Umrah Tawaf, her husband told her it was actually the seventh circuit and insisted on it. What is the ruling in such a case?
Answer
Alḥamdulillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh, Ammā Baʿd!
If She Was Certain It Was the Sixth Circuit
✿ If the woman was certain it was the sixth circuit and she did not complete the Tawaf, then her Umrah was not complete.
✿ Tawaf is a pillar (rukn) of Umrah, and without it the Umrah is invalid.
If She Entered Ihram for Hajj Without Completing Umrah
✿ If she entered into Ihram for Hajj before completing the Umrah, then her Hajj becomes Qirān.
✿ This is because before finishing Umrah she had already entered Hajj Ihram, thereby combining both acts of worship.
If She Was in Doubt at the Time
✿ If at the time of her husband’s insistence she was unsure (neither certain it was the sixth nor the seventh), then nothing is required from her.
✿ In such a case, doubt excuses her and no expiation or repetition is necessary.
If the Husband Was Certain It Was the Seventh Circuit
✿ If the husband was certain it was the seventh circuit, his statement would be given weight in this situation.
✿ Therefore, the wife should accept his statement and act accordingly.
ھذا ما عندي والله أعلم بالصواب
(This is my opinion, and Allah knows best what is correct.)
