He died without performing tawaf al-Ifadhah Fatwa No: 59434
- Fatwa Date:7-9-2015
My father, may Allaah have mercy upon him, performed Hajj and completed all rituals, but he did not do tawaf al-ifadhah. He died after he returned to his country. What should we do now? Should I repeat Hajj on his behalf or perform tawaf al-ifadhah only? Inform us, may Allaah grant you success!
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, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.
If the Tawaf (circumambulation) that your father failed to perform was tawaf al- ifadhah, which is one of the pillars of Hajj, then that means that he died while still in a state of ihram (ritual consecration). The scholars differed regarding a person who dies in a state of ihram as to whether the remaining rituals should be performed on his behalf or not. According to the more correct opinion, the rituals should not be performed on his behalf. This is based on a hadith in which Ibn ‘Abbaas related:
A person (in a state of ihram) fell down from his camel, and his neck was broken and he died. Thereupon, the Prophet, sallallaahu ‘alayhi wa sallam, said, "Bathe him with water mixed with the leaves of the lote tree and shroud him in his two pieces of cloth, and do not cover his head, for Allaah will raise him on the Day of Resurrection pronouncing talbiyah." [Al-Bukhari and Muslim]
According to the opinion that suggests that the rituals should be performed on his behalf, the representative is to assume ihram and complete the rituals. Imam An-Nawawi said:
If a person who is performing Hajj for himself dies in the process, is it permissible for someone else to complete his Hajj? There are two famous views on this case. According to the more correct and new view, this is not permissible, just as in the case of prayer and fasting. According to the old view, on the other hand, this is permissible, as authorization is principally allowable in Hajj. So, another person is to assume ihram and complete the remaining rituals. As for the impermissibility of assuming ihram after the months of Hajj, this applies to the case when one initiates the state of ihram; however, in such a case, the person does not initiate it; rather, he resumes a state of ihram that was first started during the months of Hajj.
However, if the asked about tawaf was the farewell tawaf, then his Hajj is valid; nevertheless, he was required to slaughter a sacrificial animal, for this is an obligatory ritual of Hajj according to the preponderant scholarly opinion. Accordingly, you should send a sacrificial animal to be slaughtered and distributed among the poor in the Sacred Precincts of Mecca.
Allaah Knows best.