Question (Q-54)
What is the ruling if someone does not perform Sa’y straight after Tawāf uz Ziyārah during Hajj?
Answer:
If a Hājī performs Tawāf Az Ziyārah and does not perform Sa’y straight after it but rather, he waits one or two hours or one or more days then there is no penalty (Dam) on him. Similarly, if someone who is performing ‘Umrah delays performance of Sa’y or shaving of his head (halq) then there is no penalty upon him. It is stated in Al Bahr Ar Rāiq (commentary upon Kanz Ad Daqāiq),
و قيد بالطواف لأنه لا يلزمه بتأخير السعي شيئ لعدم توقيته بزمان
“Only Tawāf is restricted to a time because there is no penalty for delaying Sa’y as it is not limited to a specific time.”
It is stated in An Nahr Al Fāiq,
إن الکلام في حلق الحج و طوافه أما حلق العمرة و طوافها أو سعي الحج فلا يتحقق فيها ذالک لأنهما غير موقتين
“The discussion in relation to timing is pertaining to the shaving of the head and the performance of Tawāf for Hajj. As for shaving the head after ‘Umrah, performing Tawāf during ‘Umrah or performing Sa’y during Hajj, then this ruling does not arise as they are not restricted to a specific time.”
However, Sa’y has to be performed after at least four rounds of Tawāf as it is subordinate to Tawāf. The Sunnah is to perform Sa’y after all seven rounds of Tawāf. Performance of Sa’y prior to Tawāf will render the Sa’y to be invalid. It is Mustahabb (desirable) to perform Sa’y immediately after Tawāf without any interval in between. Al Imām Ahmad Razā (رحمه الله تعالى) says, “Performance of Sa’y after Tawāf does not denote immediate performance after Tawāf. Nevertheless, it is Mustahabb (preferred) that he performs Sa’y immediately after Tawāf. The condition is that Tawāf be performed first and Sa’y thereafter. He may perform Sa’y any time after Tawāf.” (Hāshiyah Ar Radhiyyah ‘alan Nayyirah Al Wadhiyyah)
It is stated in Al Hidāyah,
الحلق في العمرة غير موقت بالزمان بالإجماع
“There is consensus that shaving the head after ‘Umrah is not restricted to any specific time.”
Allah (تعالى) is Most Knowing.
Written by Muftī Shamsulhudā Khān Misbāhī (Allah preserve him)
