In the name of Allah, Most Compassionate, Most Merciful.

Allah states in the Quran, “…Performance of Hajj (pilgrimage) to this House is a duty to Allah for all who can afford the journey to it…” (Surah Al Imran: V97)

Hajj is fardh upon a person only once in a lifetime. For a person to fully complete the Hajj there are three compulsory acts which must be done and for which there are no compensation. “The compulsory acts are Ihraam, stay in Arafaah and Tawaaf-e-Ziyarah.” (Durrul Mukhtar, Vol 2, P160)

The time to perform Tawaaf-e-Ziyarah is from the dawn of the tenth of Zil Hajj to the end of ones life. (If the person did not perform it before his death he will be sinful and he should make a will that a damm (penalty) is given) However if one performs it after the setting of the sun on the twelfth of Zil Hajj then it is disliked and damm (for the delay) becomes obligatory on him (Durrul Mukhtar, Vol 2, P198)

In conclusion if a person does not perform Tawaaf-e-Ziyarah then he does not fully come out of the ihram and sexual intercourse with the spouse remains unlawful. A damm will have to be given upon each intercourse with the wife until the person returns and performs the Tawaaf-e-Ziyarah. If the tawaf is completed after setting of the sun on the twelfth then a damm will need to be given for the delay. It is therefore advisable that if you cannot perform Tawaaf-e-Ziyarah at all even with assistance, then as you have already performed your obligatory Hajj once you do not go for Hajj as there is no compensation for missing Tawaaf-e-Ziyarah altogether.

And Allah knows best.

Sayeedur Rahman

Darul Ifta Birminghams