After returning home he found that his ‘Umrah was void Fatwa No: 160025
- Fatwa Date:30-6-2011
If someone performed Umra and after retuning home he finds that his Umra had become void, then what does it imply ? Does it mean that he is still in Umra and hence in Ihram and therefore it is illegal to have all prohibited thing of Ihram like sexual relationship etc. Or simply, although Umra is void but he may live normal life. Also if while living in Mecca (of course after act of shaving of Umra) he knows about his nullified Umra the what should he do ? Should he perform Umra again and if again then what should be his place of donning ihram ?
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger.
First of all, it should be mentioned that if one assumes the state of Ihraam for Hajj or ‘Umrah, then it does not become Baatil (null) unless he apostates – we seek refuge in Allaah from this. If a person apostates while being in the state of Ihraam, his Ihraam becomes Baatil and then he is not considered in the state of Ihraam because Islam is a condition for the validity of the ritual. As regards the ritual being Faasid (incorrect), then this happens by having sexual intercourse.
In case a person has sexual intercourse while in the state of Ihraam for ‘Umrah, he has to slaughter a sheep and continue his ‘Umrah and then he has to make it up again.
In case a person returns to his country and then it becomes clear to him that he did not complete his ‘Umrah, like if some of its Tawaaf or Sa’y is lacking, then he should remain in his state of Ihraam and avoid all prohibitions of Ihraam and he has to return to Makkah in order to perform the what he missed from the rituals of ‘Umrah which he was obliged to perform. In case he is unable to go back to Makkah, then his ruling is like the one who is preventing from completing his rituals, so he slaughters a sacrifice [sheep or goat…] in his country where he is and then he comes out of the state of Ihraam.
However, if he is still in Makkah, then he has to continue what remains from his ‘Umrah and he is still on his first Ihraam, so he does not assume the state of Ihraam for the second time, and he has to perform the Tawaaf again from the beginning if it becomes clear to him that his first Tawaaf was not valid and then he performs Sa’y again because it is a condition that Sa’y be performed after a Tawaaf in order for it to be valid.
In case his Ihraam is void as is the case in apostasy, then if he repents and he is still in Makkah, then he should assume the state of Ihraam from At-Tan’eem [also known as the mosque of ‘Aa’ishah], or at any other place outside the boundaries of the Haram [of Makkah]. In case he is outside Makkah, then he should assume the state of Ihraam from the Meeqaat of the country from where he came or from his town if his town is within the boundaries of the Mawaaqeet (plural of Meeqaat).
Allaah Knows best.