Question:
Assalamoalaikum ! I have a question about Haj .....last year mashallah Iwent to perform Haj there was some mistakes that had been made by me......I had performed Haj tamatu when I was performing tawaf in the welcome umrah I felt that I had liqoria but I did not go to check it and peformed the whole umrah in that condition later when I checked I did have it.....the same thing happened when I had performed my tawaful iffadah but still I did not make wadu when I had liqoria and I peformed the whole tawaf and the saee after that,now I was aware of the fact that it is necessary to perform abulution if one has liqoria and that the tawaf is not walid if you are not in a state of wadu.I am feeling very guilty now that I should have checked and should have performed my wadu again at that time.My question is that is my Haj valid or not?Do I have to sacrifice an animal or give fidiya?I am not satisfied in my heart and confused about what I should be doing.I would also like to mention that in my normal life i do not have liqoria that much .....I hardly have it. In my Haj I had performed all the other tasks.......like I had gone all the four days to the jamarah,I had spent the day in arafat,I had stayed in mina ,I went to muzdalifa but the whole night we were in the bus.Last year the trafic was too much and all the busses were stuck so I was there in muzdalifa but we were in the bus the whole time .......we did not sleep there and we just got off once.
Fatwa:
All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad is His slave and Messenger.
It is not a condition for the validity of spending the night in Mina and Muzdalifah to sleep there or get out of the bus, however, the pilgrim is obliged to stay there most of the night, whether or not he slept and whether he was on the land or on the bus. Furthermore, it is permissible for women and weak persons to start moving from these places after midnight.
As regards your Tawaaf for ‘Umrah and Tawaaf Al-Ifaadhah without being in a state of purity after you had the discharges, then what you should have done –when you felt that you had discharges –is to stop and renew your ablution and then make the Tawaaf again.
Since this already happened, we hope that your Tawaaf is correct because the condition of being in a state ablution for Tawaaf is a controversial issue among the scholars . Most of them are of the view that it is a condition to have ablution for Tawaaf while some of them –among whom is Ibn Taymiyyah –are of the view that ablution is not a condition for Tawaaf because the Prophet did not order it [ablution] and the fact that he performed Tawaaf in a state of ablution does not mean that it is an obligation to do so and there is no clear evidence that ablution is a condition for Tawaaf. Shaykh Ibn ‘Uthaymeen considered this to be the preponderant opinion and explained the Prophetic narration which reads: "Performing Tawaaf around the House of Allah is exactly like performing the prayer.", to mean that it has the same ruling like the prayer in regard to humbleness, mention of Allah and the like, and not in regard to purity, facing the direction of Qiblah and so forth.
Since this is a very controversial issue, it is not possible for us to rule that a great act of worship, like Hajj, is invalid without considering the other opinions which say the contrary.
In addition to the above, you are not very sure that the discharge you had was during Tawaaf, you may well have had it –if any –after the Tawaaf. Many scholars stated that a discharge of this kind –if the time of discharge is not confirmed –should be considered as if it came out at the end of the time of the act of worship, because in principle these discharges do not come out in normal situations. It is only when there is certainty about such discharges and the time they came out that one may drift from the principle.
To conclude, there is no need to worry and have whispers about this and your Hajj is correct, Allah Willing.
Allah Knows best.