Q 1: I performed Hajj this year 1420 A.H. with a group in which there were some seekers of knowledge.
Upon performing Ihram (ritual state for Hajj or 'Umrah) I made the intention of Tamattu' Hajj (performing 'Umrah during the months of Hajj followed by Hajj in the same year with a break in between), and when I came to
Makkah,
my wife was with me and I performed Sa'y (going between Safa and Marwa during Hajj and 'Umrah) before Tawaf (circumambulation of the Ka'bah) and thereafter, I made Tawaf. When I found it was very crowded during Tawaf, I changed my intention to make it Qiran Hajj (combining Hajj and 'Umrah without a break in between) after performing Sa'y and Tawaf, and therefore, I included Hajj within 'Umrah.
I asked one of the seekers of knowledge about that and he said: The Sa'y was invalid because it was performed before the Tawaf for the 'Umrah, and the Tawaf which you performed will be considered as Tawaf-ul-Qudum (circumambulation of the Ka'bah on arrival in Makkah). He also said: The two Madh-habs (School of Jurisprudence) of
Malik
and
Abu Hanifah
allow what you have done of combining Hajj and 'Umrah and they considered the one who does this as Qarin. However, the other one said to me: You and your wife have to repeat Tawaf and Sa'y, then shave or shorten your hair. That was during the night of the Day of Tarwiyah (8th of Dhul-Hijjah) and my wife and I were very exhausted to the point that we could not go to
Makkah
to repeat Sa'y and to make Tahallul (removal of the ritual state for Hajj and 'Umrah), and thus, we remained in the state of Qiran. What is the ruling on this? Please provide us with a Fatwa regarding this. May Allah reward and compensate you!
A1:
If the reality is as you mentioned, then you would be considered as Qarin, because you had included Hajj within the 'Umrah before completing the rituals of the 'Umrah. So, you should offer the Fidyah (ransom) (Part No. 10; Page No. 140) of Qiran, and then you need to perform Tawaf and Sa'y for both Hajj and 'Umrah on the day of 'Eid-ul-Adha (the Festival of the Sacrifice) of after it.May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.