Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)

One of our brothers/sisters has asked this question:

Dear Sir,

My sister and her husband went for haj last year. My sister health was not very good she was suffering from serious heart problem yet she gathered the courage to perform the haj. Both of them performed all the arkans of Haj but on the last day of haj they could not perform tawafe ziyarah of Kaaba because my sister fell very sick and the bus driver was not ready to wait for them so both of them could not perform tawafe ziyarah of Kaaba and returned to India.

Now my brother in law is not talking to my sister since last one year and saying that she is out of their nikah and if he touches her then that will be zina and he has become very rude to her just because they could not perform the tawafe ziyarah of Kaaba due to my sister ill health and he saying that unless they perform the haj second time and carry out all the arkaans specially tawafe ziyarah of Kabaa then only she will be under his nikah and he can have marital relationship.

Please advise me in the light of quran and sunna if above is correct or wrong.

I await to receive your response.

(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)

Answer:

Missed tawaf ziyarah in hajj

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

Respected brother, you need to confirm to us whether the ‘tawaaf’ missed by your sister and her husband was the ‘tawaaf-e-ziyaarah’ or was it the ‘tawaaf-ul-wida’.

The ‘tawaf-e-ziyarah’ is the tawaf one does after returning from the plains of Arafah, giving the sacrifice, and shaving the head (for men). This is an absolutely obligatory rite of Hajj, and until this ‘tawaf’ is not performed the ‘Hajj’ will be deemed uncompleted.

If for any reason the ‘tawaf-e-ziyarah’ was not performed, the husband and the wife are not allowed to conjugate with each other until they return back to Makkah and complete this ‘tawaf’. Some scholars are of the opinion that the atonement for missing the ‘tawaf-e-ziyarah’ is to perform the ‘tawaf’ at a later date and also give a ‘dumm’ (sacrifice).

The ‘tawaf-ul-wida’ is the ‘tawaf’ one must perform when one has completed all the rites of Hajj and is just about to leave Makkah for their home country. If for any reason one has returned to their country without performing the ‘tawaf-ul-wida’, their atonement is to offer a sacrifice in Makkah. They can come back to Makkah and give the sacrifice themselves, or they could ask someone in Makkah to offer this sacrifice on their behalf.

If one has missed the ‘tawaf-ul-wida’ for some reason, it does not effect their marital relations and they are at liberty to conjugate with each other whenever they wish and please.

Your Statement: ….Both of them performed all the arkans of Haj but on the last day of haj they could not perform tawafe ziyarah of Kaaba because my sister fell very sick and the bus driver was not ready to wait for them so both of them could not perform tawafe ziyarah of Kaaba and returned to India.    

From your above statement it seems that the ‘tawaf’ which your sister and her husband did not perform was the ‘tawaf-ul-wida’ and not the ‘tawaf-e-ziyaarah’.

Your Statement: ….Now my brother in law is not talking to my sister since last one year and saying that she is out of their nikah and if he touches her then that will be zina and he has become very rude to her just because they could not perform the tawafe ziyarah of Kaaba due to my sister ill health and he saying that unless they perform the haj second time and carry out all the arkaans specially tawafe ziyarah of Kabaa then only she will be under his nikah and he can have marital relationship.

If your sister and her husband missed the ‘tawaf-ul-wida’, they are merely to offer a sacrifice as atonement for their missed rite. The missing of the ‘tawaf-ul-wida’ has absolutely no bearing on their marital rights and relations.

But if indeed your sister and her husband missed the ‘tawaf-e-ziyarah’ (which is highly unlikely), their ‘nikaah’ itself remains intact, but they cannot enjoy conjugal relations with each other unless and until they return back to Makkah at any time and fulfill the missed ‘tawaf-e-ziyaarah’ and also give a sacrifice as atonement.

We reiterate again that the non-performance of the ‘tawaf-e-ziyaarah’ does not invalidate the ‘nikaah’ in the least. The only restriction is that the couple cannot enjoy conjugal relations with each other unless and until the atonement for the missed ‘tawaf-e-ziyarah’ is completed.

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me alone. Allah Alone Knows Best and He is the Only Source of Strength.

Your brother and well wisher in Islam,

Burhan