Bab Jinayat al-Muhrim — Tawaf Purity, Missed Rites and Expiations (Part III)

1. Map of deficient tawaf and omitted rites

Three different kinds of tawaf appear here: arrival tawaf (qudum), principal Hajj tawaf (ziyarah), and farewell tawaf (sadr). Being without wudu and being in major ritual impurity do not carry identical consequences.

The chapter then treats omitted circuits, saʿy, standing at Muzdalifah, stoning, and delayed rites. For each case identify the rite, the extent of omission, and whether the text prescribes charity, a sheep offering, a large-animal offering, or repetition.

2. Purification during arrival tawaf

وَمَنْ طَافَ طَوَافَ الْقُدُومِ مُحْدِثًا: فَعَلَيْهِ صَدَقَةٌ، وَإِنْ طَافَ جُنُبًا: فَعَلَيْهِ شَاةٌ.
Translation: A person who performs arrival tawaf without wudu owes charity; one who performs it in major ritual impurity owes a sheep offering.

Muhdith here denotes someone lacking wudu; junub denotes major ritual impurity requiring ghusl. The latter is not merely another label for the former.

This clause governs arrival tawaf, not the principal Hajj tawaf.

3. Two arrival-tawaf examples

Case 1: Seven arrival-tawaf circuits were performed without wudu. The text stipulates charity.
Case 2: The same tawaf was performed in major ritual impurity. It stipulates a sheep offering.

The rite is the same; the type of ritual impurity changes the ruling. Actual cases may also require consideration of repetition and other juristic conditions.

4. Principal tawaf without wudu

وَمَنْ طَافَ طَوَافَ الزِّيَارَةِ مُحْدِثًا: فَعَلَيْهِ شَاةٌ.
Translation: Whoever performs the principal Hajj tawaf without wudu owes a sheep offering.

Lack of wudu during arrival tawaf led to charity; for the principal Hajj tawaf, the same deficiency incurs a sheep. The status of the rite matters.

Keep the comparison precise: arrival tawaf + minor impurity = charity; principal Hajj tawaf + minor impurity = sheep.

5. Major impurity and repeating principal tawaf

وَإِنْ طَافَ جُنُبًا: فَعَلَيْهِ بَدَنَةٌ، وَالْأَفْضَلُ أَنْ يُعِيدَ الطَّوَافَ مَا دَامَ بِمَكَّةَ، وَلَا ذَبْحَ عَلَيْهِ.
Translation: If the principal tawaf was performed in major ritual impurity, a badanah is due. Repeating the tawaf while still in Mecca is preferable, and then no offering remains due.

Badanah means the prescribed offering of a large sacrificial animal (camel or bovine). The text treats major impurity during the principal tawaf as a more serious deficiency.

It explicitly recommends repeating tawaf while still in Mecca and states that the offering is no longer due after valid repetition. This is specific to the stated defect; it is not a general rule that repeating any rite cancels every penalty.

6. Two levels of impurity in ziyārah tawaf

For the principal Hajj tawaf distinguish: (1) no wudu—a sheep; (2) major impurity—a badanah; (3) repeating the deficient tawaf correctly while still in Mecca—the cited offering falls away.

This shows the distinction between repeating a deficient rite and paying compensation. It does not mean every violation has the same remedy.

7. Farewell tawaf without wudu

وَمَنْ طَافَ طَوَافَ الصَّدْرِ مُحْدِثًا: فَعَلَيْهِ صَدَقَةٌ، وَإِنْ طَافَ جُنُبًا: فَعَلَيْهِ شَاةٌ.
Translation: Whoever performs farewell tawaf without wudu owes charity; whoever performs it in major ritual impurity owes a sheep.

Tawaf al-sadr is another name for farewell tawaf. Lack of wudu incurs charity; major impurity incurs a sheep.

The same defects have higher penalties in the principal Hajj tawaf. Do not generalize one tawaf’s penalty to every other tawaf.

8. Purification comparison: three tawafs

Arrival tawaf: no wudu—charity; major impurity—sheep.
Principal Hajj tawaf: no wudu—sheep; major impurity—badanah, with a separate rule about repetition in Mecca.
Farewell tawaf: no wudu—charity; major impurity—sheep.

These are the stated comparative rules in al-Quduri. Next consider how many tawaf circuits are omitted.

9. Up to three circuits of principal tawaf omitted

وَمَنْ تَرَكَ مِنْ طَوَافِ الزِّيَارَةِ ثَلَاثَةَ أَشْوَاطٍ فَمَا دُونَهَا: فَعَلَيْهِ شَاةٌ.
Translation: Whoever omits three or fewer circuits of the principal Hajj tawaf owes a sheep offering.

Tawaf has seven circuits. If three were omitted, four were completed; if two were omitted, five were completed. The clause covers omission of up to three, after at least four have been performed.

A prescribed compensatory offering does not make deliberate omission an acceptable way of performing the rite.

10. Four circuits of principal tawaf omitted

وَإِنْ تَرَكَ أَرْبَعَةَ أَشْوَاطٍ: بَقِيَ مُحْرِمًا أَبَدًا حَتَّى يَطُوفَهَا.
Translation: If four circuits are omitted, the pilgrim remains in ihram until those omitted circuits are performed.

If four of seven circuits are omitted, only three have been done; the four-circuit threshold has not been met. A sheep offering alone does not achieve full release in this case.

The words “until he performs them” establish the ending condition. “Forever” here does not negate the possibility of completing the required circuits and then exiting the restriction.

11. Performed four vs omitted four

Case A: Four of seven circuits performed, three omitted—al-Quduri specifies a sheep.
Case B: Only three performed, four omitted—the pilgrim remains in ihram until completion of the missing requirement.

In the Arabic “taraka thalathatan” and “taraka arbaʿatan” count circuits omitted, not circuits completed. This direction of counting is critical.

12. Three farewell-tawaf circuits omitted

وَمَنْ تَرَكَ ثَلَاثَةَ أَشْوَاطٍ مِنْ طَوَافِ الصَّدْرِ: فَعَلَيْهِ صَدَقَةٌ.
Translation: Whoever omits three circuits of farewell tawaf owes charity.

Four out of seven farewell-tawaf circuits were completed, and three omitted. Here the compensation is charity, unlike the sheep prescribed for omitting three circuits of principal Hajj tawaf.

Equal numbers of omitted circuits need not mean equal penalties across different rites.

13. Entire farewell tawaf or four circuits omitted

وَإِنْ تَرَكَ طَوَافَ الصَّدْرِ، أَوْ أَرْبَعَةَ أَشْوَاطٍ مِنْهُ: فَعَلَيْهِ شَاةٌ.
Translation: If the farewell tawaf is omitted entirely, or four of its circuits are omitted, a sheep offering is due.

The text distinguishes omitting three circuits (charity) from omitting four or the entire farewell tawaf (sheep).

This assumes that farewell tawaf is obligatory for the person concerned. The rulings for Mecca residents and specified exemptions are treated separately.

14. Four omission cases compared

Principal Hajj tawaf: three omitted—sheep; four omitted—remain in ihram until the required tawaf is completed.
Farewell tawaf: three omitted—charity; four or all omitted—sheep.

The key structural distinction is between the principal integral of Hajj and an obligatory farewell rite.

15. Omitting saʿy between Safa and Marwah

وَمَنْ تَرَكَ السَّعْيَ بَيْنَ الصَّفَا وَالْمَرْوَةِ: فَعَلَيْهِ شَاةٌ، وَحَجُّهُ تَامٌّ.
Translation: Whoever omits saʿy between Safa and Marwah owes a sheep offering, while the Hajj remains valid.

The clause joins two outcomes: a sheep offering for omission and Hajj remaining valid. This reflects saʿy’s obligatory status within the Hanafi framework.

“Hajj is complete” does not recommend leaving saʿy; it states that omission does not invalidate the principal Hajj.

16. Difference between saʿy and principal tawaf

Compare a pilgrim who omits saʿy entirely with one who completes only three circuits of the principal Hajj tawaf. The former has a valid Hajj with a prescribed offering; the latter has not completed the core tawaf threshold and cannot treat a penalty as a substitute for it.

Different rites occupy different positions in the legal structure of Hajj.

17. Departing Arafat before the imam

وَمَنْ أَفَاضَ مِنْ عَرَفَةَ قَبْلَ الْإِمَامِ: فَعَلَيْهِ دَمٌ.
Translation: Whoever departs from Arafat before the imam owes dam.

Afada means departing from the standing/gathering. Al-Quduri stipulates dam for departure before the imam in the classical Hajj arrangement, tied to the proper timing and sequence of standing at Arafat.

The historic role of the pilgrimage imam is not automatically identical to any modern group leader; contemporary application needs juristic detail.

18. Standing at Arafat versus the departure sequence

Standing at Arafat is an integral of Hajj; the departure thereafter is a separate ritual issue. A valid standing can coexist with a violation in how departure takes place.

Here the stated dam addresses the defective departure procedure; it should not be misstated as Hajj itself being invalid in every such case.

19. Omitting the Muzdalifah standing

وَمَنْ تَرَكَ الْوُقُوفَ بِالْمُزْدَلِفَةِ: فَعَلَيْهِ دَمٌ.
Translation: Whoever omits the standing at Muzdalifah owes dam.

The standing at Muzdalifah is treated as obligatory within Hajj, with dam for its omission in the stated ordinary case. It is not equivalent in rank to standing at Arafat.

Specific dispensations for valid excuses require separate analysis; the lesson presents the ordinary rule explicitly stated by al-Quduri.

20. Two standings, different legal rank

Arafat is an integral standing of Hajj, whereas Muzdalifah has an obligatory standing for which omission normally entails dam.

A missed Muzdalifah standing does not automatically invalidate Hajj. Conversely, failure to achieve the required standing at Arafat is not repaired merely by paying a sheep offering.

21. Omitting stoning throughout all days

وَمَنْ تَرَكَ رَمْيَ الْجِمَارِ فِي الْأَيَّامِ كُلِّهَا: فَعَلَيْهِ دَمٌ.
Translation: Whoever omits stoning at the jamrahs on all of its days owes dam.

The phrase al-ayyam kulliha refers to all the days on which stoning is prescribed. The text stipulates dam for omission of the stoning rites as a whole.

Earlier lessons covered the distinct program on the tenth of Dhu al-Hijjah and on the subsequent days.

22. Missing one entire day of stoning

وَإِنْ تَرَكَ رَمْيَ يَوْمٍ وَاحِدٍ: فَعَلَيْهِ دَمٌ.
Translation: Whoever omits the stoning of one day owes dam.

Omitting a full day of prescribed stoning also incurs dam. The text uses the same class of compensation for missing all days and for missing one whole day.

That does not imply the same penalty for a missing pebble or one of three individual jamrahs.

23. Missing a day versus missing a station

If all stoning of the eleventh of Dhu al-Hijjah is omitted, the full day is missed and dam applies.

If two of the three jamrahs were stoned and just one station omitted, that is the separate case of omitting one jamrah, addressed next. The unit of omission—whole day or one station—matters.

24. Omitting one of the three jamrahs

وَإِنْ تَرَكَ رَمْيَ إِحْدَى الْجِمَارِ الثَّلَاثِ: فَعَلَيْهِ صَدَقَةٌ.
Translation: Whoever omits stoning at one of the three jamrahs owes charity.

On the days when three jamrahs are stoned, omission of one station incurs charity, provided the case is genuinely one station rather than the entire day.

Missing all stoning for a day incurs dam; missing one of three stations incurs charity.

25. Missing Jamarat al-Aqabah on the Day of Sacrifice

وَإِنْ تَرَكَ رَمْيَ جَمْرَةِ الْعَقَبَةِ فِي يَوْمِ النَّحْرِ: فَعَلَيْهِ دَمٌ.
Translation: Whoever omits stoning Jamarat al-Aqabah on the Day of Sacrifice owes dam.

Yawm al-nahr is the tenth of Dhu al-Hijjah, when the stoning rite concerns Jamarat al-Aqabah. Missing that day’s prescribed stoning incurs dam.

This differs from missing one out of three stations on the subsequent days, where the text stipulates charity.

26. Four classes of omitted stoning

1. Omit all stoning days—dam.
2. Omit one entire day—dam.
3. Omit only one of three jamrahs—charity.
4. Omit Jamarat al-Aqabah on the tenth—dam.

The third and fourth cases both mention one station, but their day and ritual setting are not the same.

27. Delaying shaving beyond the sacrifice days

وَمَنْ أَخَّرَ الْحَلْقَ حَتَّى مَضَتْ أَيَّامُ النَّحْرِ: فَعَلَيْهِ دَمٌ عِنْدَ أَبِي حَنِيفَةَ.
Translation: Whoever delays shaving until the sacrifice days have ended owes dam according to Abu Hanifah.

This is a violation by delay rather than complete omission. The text explicitly attributes the penalty for delaying shaving beyond the prescribed sacrifice days to Abu Hanifah.

Do not present this attribution as if the cited sentence expressed an undifferentiated consensus of all jurists.

28. Late principal tawaf according to Abu Hanifah

وَكَذَلِكَ إِنْ أَخَّرَ طَوَافَ الزِّيَارَةِ عِنْدَهُ عَنْهَا.
Translation: The same rule applies, according to Abu Hanifah, if one delays the principal Hajj tawaf.

Kadhalika (“likewise”) links this ruling to the preceding delay beyond the sacrifice days. Abu Hanifah also requires dam if the principal Hajj tawaf is so delayed.

This is compensation for lateness, not a substitute for performing the integral tawaf. An offering does not itself complete missing tawaf circuits.

29. Omission versus lateness

Omission: Four circuits of the principal tawaf remain undone, so the required rite itself is incomplete and ihram consequences continue.

Delay: The principal tawaf is completed, but after the prescribed days; Abu Hanifah specifies dam for that lateness. One concerns completion, the other timing. They are not interchangeable.

30. Lexical and grammatical study

Muhdithan: accusative circumstantial participle, indicating absence of wudu.
Junuban: accusative circumstantial expression, indicating major impurity.
Fa-ma dunaha: “or fewer,” qualifying three omitted circuits.
Hatta yatufaha: expresses the limit “until they are performed.”
Afada: form IV past verb meaning he departed.
Akhkhara: form II past verb, he delayed.
Kadhalika: “likewise,” referring to the previous ruling.

31. Worked cases for distinguishing remedies

Case 1: Four farewell circuits done, three missed—charity.
Case 2: Four principal-tawaf circuits done, three missed—sheep.
Case 3: Only three principal-tawaf circuits done—ihram consequences remain; completion is required.
Case 4: All jamrahs missed on the eleventh—dam.
Case 5: Only one jamrah omitted that day—charity.
Case 6: Aqabah stoning missed on the tenth—dam.

The type of rite, ritual day, and extent of omission control the answer.

32. Penalty versus validity of worship

The repeated words dam and sadaqah do not establish a single outcome for every case.
Omitting saʿy: Hajj remains valid, with dam.
Omitting four principal-tawaf circuits: ihram consequences continue until completion.
Principal tawaf in major impurity: the text provides a specific repetition remedy while in Mecca.

Ask four separate questions: Is the rite valid? Was the integral completed? What compensation is specified? Is repetition or completion still required?

33. Summary and next source boundary

Purity: arrival/farewell tawaf: no wudu—charity, major impurity—sheep; principal tawaf: no wudu—sheep, major impurity—badanah, with a specified repetition remedy.
Circuits: principal tawaf: up to three missed—sheep; four missed—remain in ihram. Farewell: three missed—charity; four or all missed—sheep.
Other duties: omitted saʿy, Muzdalifah standing, a full day of stoning, or Aqabah on the tenth—dam; one of three stations—charity.
Delay: Abu Hanifah specifies dam for delaying shaving or the principal tawaf beyond the prescribed days.

Next: game hunting penalties, beginning wa-idha qatala al-muhrimu saydan.