Q: I accompanied my wife and my children to
Makkah Al-Mukarramah
to perform `Umrah (lesser pilgrimage). One of my children, aged 9, was in the state of Ihram (the ritual state for Hajj or 'Umrah). Unfortunately, after finishing Tawaf (circumambulation of the Ka'bah), my wife and one of my children went missing at
Al-Haram (the Sacred Mosque in Makkah)
I was put in extremely difficult situation, due to the overcrowding of people and having my 9 year old son - who was Muhrim (pilgrim in the ritual state for Hajj or `Umrah) - and a suckling baby with me. Giving these circumstances, I had to take my two sons down to the house of my father, who lives in
Makkah Al-Mukarramah,
and return to
Al-Haram
to look for missing my wife and my son (Part No. 10; Page No. 367) and to resume the rites of `Umrah. But,
my Muhrim son did not complete his Sa'y (going between Safa and Marwah during Hajj and `Umrah) and took off his clothes of Ihram and wore his ordinary clothes.
During `Eid, I had his hair cut and he wore perfume and clipped his nails.As for my wife,
she wore Niqab (face veil) before performing Sa`y, but she did not wear it during Sa`y. She also forgetfully wore perfume.
I hope Your Eminence would give me a Fatwa regarding the validity of the 'Umrah of my 9 year-old son and my wife in this case.
A: First,
it is obligatory on your son, who did not complete his `Umrah, to wear his clothes of Ihram again and complete his `Umrah, including performing Sa`y and shaving or shortening his hair. Also, it is obligatory on him to pay Fidyah (ransom) due to wearing his ordinary clothes, Fidyah due to shaving his hair, and Fidyah due to wearing perfume. As for every Fidyah, the person, who is going to pay it, has the option either to sacrifice an animal in
Makkah and distribute its meat among the poor of Al-Haram (the Sacred Mosque in Makkah), to feed six Miskins (needy persons) in Al-Haram, giving every Miskin 1/2 Sa` (1 Sa` = 3 kg. Approx.) of food, or to fast three days for every prohibition committed intentionally, being aware of its ruling. But in the case of being unintentional or unaware of its ruling, then there is no sin on him.
Second,
it is obligatory on your wife to pay Fidyah due to wearing her Niqab (face veil) and wearing perfume, being intentional and aware of its ruling. But if it was unintentional or she was unaware of its ruling, then there is no sin on her. (Part No. 10; Page No. 368) May Allah grant us success. May Peace and Blessings of Allah be upon our Prophet Muhammad, his family and his Companions!