Q- A woman finished her rites of Hajj, except for Tawaaf al-Ifaadah and Tawaaf al-Widaa, when her menses started, she went back home to Madeenah with the intention of coming back some time later to make the two tawaafs.  However, in ignorance she came out of her state of ihraam and did all the things prohibited to those in a state of ihraam.  When she asked someone about returning to Makkah to complete the tawaafs, she was told that it would be incorrect for her to make the tawaafs, because her HHHaHH     Hajj was invalidated.  furthermore, she was told she would have    Hajj was invalidated.  Furthermore, she was told she would have to repeat her Hajj in the coming year and sacrifice a cow or a camel.  Is this ruling correct or does she have other options?  

A- This is among the calamities resulting from those who make legal rulings without sound knowledge.  The women should return to Makkah and make Tawaaf al-Ifaadah alone as Tawaaf al_Widaa’ was not obligatory on her since she was menstruating when she left Makkah.  According to Ibn ‘Abbaas’ hadeeth, the Prophet (saws) “Instructed the people to make their last contact with the mosque a tawaaf.”  Also because, when the Prophet (saws) was informed that his wife, Safeeyah, had made Tawaaf al-Ifaadah, he said, “Then let us go”.  This indicates that Tawaaf al-Widaa’ is not obligatory on the menstruating woman while Tawaaf al-Ifaadah is.  Thus, when the woman came out of ihraam in ignorance, it did not affect her, because there is no penalty on one who breaks the rules of Ihraam in ignorance.  Allah has stated:  

“ Our Lord, do not hold us to account for what we have forgotten or done mistakenly”. Soorah al-Baqarah (2: 286) 

“There is no sin on you for what you have done mistakenly, but there is for what your hearts have intended”.  Soorah al-Ahzaab (33: 5 ) 

Consequently, if a person does any of the acts, which break the rules of  ihraam due to ignorance, or forgetfulness, or under compulsion, there is no penalty against him/her.  However, once these excuses are removed, the person must immediately stop committing the error.