Fatwa no.
11339
I performed Hajj with six men and seven women, and we all entered Ihram (ritual state for Hajj and `Umrah) for `Umrah from Abyar `Aly. Upon reaching
Al-Bayt-ul-Haram (the Sacred House, another name for the Ka`bah)
and before entering, we were overtaken by the crowds so that we feared losing sight of the women. Before passing through the door of
Al-Bayt-ul-Haram,
I told my father that we have to perform Wudu' (ablution), because I did not perform it, and (Part No. 11; Page No. 239) neither did three of the women who were with me. However, my father reproached me and said that we could perform Wudu' inside, but I already knew that there were no places to perform Wudu' inside and I told him that. However, he continued reproaching me so I remained silent. After that we entered
Al-Bayt-ul-Haram
and I said to him, "Where is the place of Wudu?" He replied, 'Just do Tawaf (circumambulation of the Ka`bah).' I told him that it was impermissible
to do Tawaf without Wudu',
but in vain. When I realized that there was no way that I could convince him and his company, I went outside Al-Haram and performed Wudu', then I came back and performed Tawaf, Sa`y (going between Safa and Marwah during Hajj), and then I cut my hair short and left Al-Haram, unlike the three other women who did Tawaf and Sa`y without Wudu' and ended the state of Ihram based on that. On the eighth day we entered Ihram and on the ninth day headed to
`Arafah.
By sunset of the day of
`Arafah
we took the buses and went to
Muzdalifah
where we arrived at approximately nine pm, and performed Maghrib (Sunset) and `Isha' (Night) prayers shortened and combined. However, my father and his company said that we should move from this place due to the foul odor they perceived. Therefore, we got on the buses and found ourselves on the highway where the return direction was closed. This made us go all the way back until we reached
`Arafah
about twelve o'clock. We returned through this road to
Muzdalifah
but the road was densely crowded with cars, and we were trapped there until sunrise and we arrived at
Muzdalifah
once again. However, we could not find a place to sit, because there were tents everywhere, and so we had to set up our own tent in
Muzdalifah.
We all went to throw the first Jamrah (stone pillars at which pebbles are thrown during Hajj) expect for the women who delegated others to do that on their behalf. The whole group spent the eleventh night at
Muzdalifah
as well as the twelfth night, except for me as I spent it in Mina (Part No. 11; Page No. 240) alone after feeling tired as a result of searching the whole night for a place where I could spend the night. After the first and second days of Tashriq (11th and 12th of Dhul-Hijjah) were over, and throwing Jamarat as well as performing Tawaf-ul-Ifadah (final obligatory circumambulation of the Ka`bah in Hajj), I went with the three other women who made Tawaf without Wudu', and told them to enter Ihram from Al-Tan`im, make Tawaf, Sa`y and do Taqsir (taking a finger-tip length from each tuft of hair). At night we all did Tawaf-ul-Wada` (circumambulation of the Ka`bah on leaving Makkah) and returned to our family. Please advise me regarding the validity of this Hajj. May Allah reward you the best. What should we do? Kindly give us you Fatwa.
A: First,
you do not have to slaughter a sacrificial animal for not spending the night in
Muzdalifah, because this happened against your will.
Second,
you are not required to offer a sacrificial animal for spending the night in Muzdalifah on the days of
Mina if you did not find a place to stay in while you were there.
Third,
the three women who made Tawaf without Wudu' are not required to offer a sacrificial animal; rather, they have to repent to Allah (Glorified be He). Besides, their Hajj is valid and regarded as Qiran (combining Hajj and `Umrah simultaneously), because there was nothing wrong with their Tawaf for `Umrah before entering Ihram for Hajj.
Fourth,
your father has to repent to Allah (Glorified be He) for forbidding you and the three women from performing Wudu' before Tawaf. (Part No. 11; Page No. 241) May Allah grant us success. May peace and blessings be upon our Prophet Muhammad his family, and Companions!