Q: I was 18 years old when I performed my first Hajj and, at that time, I was studying in
Makkah Al-Mukarramah.
At the beginning of Dhul-Hajjah, I worked with pilgrims' guide to be in the service of pilgrims.
I assumed my Ihram (ritual state for Hajj or `Umrah) on the morning of the eighth day in
Makkah
and did not perform Tawaf (circumambulation of the Ka`bah) or Sa`y (going between Safa and Marwah during Hajj and `Umrah).
On the ninth day, I remained at
`Arafah
but I did not spend the night in
Muzdalifah
owing to my work with the guide. On the tenth day, I threw the Jamarat (stone pillars marking the pebble-throwing area, Jamarat-ul-`Aqabah being the closest to Makkah), shortened my hair and made Tahallul (removal of the ritual state for Hajj and `Umrah). Also, I threw the Jamarat on the eleventh and twelfth day but I did not perform Tawaf-ul-Ifadah (final obligatory circumambulation of the Ka`bah in Hajj) or Sa`y due to ignorance. I left my work with the guide and went to Al-Taif without performing Tawaf-ul-Wada` (circumambulation of the Ka`bah on leaving Makkah). A few days later, I returned to
Makkah
because of my study. Then, after two years I concluded my marriage contract and consummated the marriage. I suspected the validity of my Hajj, so I decided to perform Hajj a second time without the intention of repeating the first Hajj. I performed all the pillars and obligatory acts of the second Hajj perfectly. Three years later, I performed Hajj for the third time with my wife. Dear respected Shaykh, what is required of me for the first Hajj? I should mention that I went to Al-Taif at that time to visit my family and returned to
Makkah
at the end of Dhul-Qa`dah. I passed the Miqat (site for entering the ritual state for Hajj and `Umrah) and did not make Ihram for this Hajj. Is my marriage contract valid?
A:
If the case is as mentioned, it is obligatory on you to come to (Part No. 10; Page No. 221)
Makkah and perform Tawaf-ul-Ifadah (final obligatory circumambulation of the Ka`bah in Hajj) and Sa`y (going between Safa and Marwah during Hajj and `Umrah) for the first Hajj.If you had sexual intercourse with your wife, it is incumbent on you to observe the ransom which is a sheep meeting the same conditions for Ud-hiyah (sacrificial animal offered by non-pilgrims) to be slaughtered and distributed among the poor people of Al-Haram. If you are unable to do that, you should fast 10 days. There is no harm on you for not spending the night in
Muzdalifah because you were committed to your work with the pilgrims guide, as you mentioned. However, the contract of your marriage is valid according to the more correct of the two scholarly opinions because it was concluded after the first Tahallul (removal of the ritual state for Hajj and `Umrah).May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.