Q 5:
What is the ruling on not ending the state of Ihram (ritual state for Hajj and `Umrah) except after Tawaf-ul-Ifadah (final obligatory circumambulation of the Ka`bah in Hajj)?
A:
Firstly:
The acts done on the Day of Nahr (Sacrifice, 10th of Dhul-Hijjah, when pilgrims slaughter their sacrificial animals) for a person who is performing Ifrad Hajj (performing Hajj only), are; throwing Jamarat Al-`Aqabah (the closest stone pillar to Makkah), shaving or cutting one's hair, Tawaf-ul-Ifadah and Sa`y (going between Safa and Marwah during Hajj) if he does not perform it after Tawaf-ul-Qudum (circumambulation of the Ka`bah on arrival in Makkah). A person performing Qiran Hajj (combining Hajj and `Umrah without a break in between) or Tamattu` Hajj (`Umrah during the months of Hajj followed by Hajj in the same year with a break in between) should slaughter Hady (sacrificial animal offered by pilgrims). Moreover, the one who is performing Tamattu` Hajj should perform Sa`y after Tawaf-ul-Ifadah.
Secondly:
The best thing is to perform these rites in the following order: throwing the pebbles (at the pebble-throwing area during Hajj), slaughtering a sacrifice, shaving or cutting one's hair, Tawaf and Sa`y. This is the example of the Prophet (peace be upon him) in performing these things. He (peace be upon him) threw the pebbles, slaughtered the sacrifice and then shaved his head. After that,
`Aishah gave him a scent. Finally the Prophet went to the Sacred Masjid (mosque). He was asked about the order of performing these rites and he said, "There is no hardship on you. There is no hardship on you."
Thirdly:
Anyone who does two of these things will partially end the state of Ihram. In this case, he is permitted to do anything that he is normally permitted to do before Ihram except for having sexual intercourse with his wife. If a person performs three of these rites, they will be permitted to do anything that they was permitted to do before Ihram even having sexual intercourse with his wife. There are many Hadith that denote what we say. The Hadith that denotes that a person who does not perform Tawaf-ul-Ifadah on the Day of Sacrifice (10th of Dhul-Hijjah) until sunset will re-enter the state of Ihram is a weak Hadith. This Hadith was reported by
Muhammad ibn Is-haq from
Abu `Ubaydah ibn `Abdullah ibn Zam`ah. (Part No. 11; Page No. 350)
Abu `Ubaydah is unknown. He is not a Thiqah (trustworthy) narrator according to people of knowledge as was mentioned in Tahdhib Al-Tahdhib. Moreover,
Muhammad ibn Is-haq is not reliable in essential matters unless he is supported by another narrator even if he declared that he heard this narration.
Al-Bayhaqy (may Allah be merciful to him) said, "I do not know any of the jurists who held that viewpoint." Ibn Hajr said in Al-Talkhis,
"Ibn Hazm reported it from
`Urwah ibn Al-Zubayr." Had this narration been authentically reported from
`Urwah, it would not have been used as an argument because it contradicts legal proofs and views held by scholars from among the Companions and those who followed them.May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.