Female omitting Tawaaf-e-Ziyaarah and returning home

Question:-

If a female omits her Tawaaf-e-Ziyaarah and returns home, can she be intimate with her husband? If not, what is the consequence of her actions? How can the matter be rectified?

Answer:-

If a person omits Tawaaf-e-Ziyaarah then intimacy with his spouse will not be permitted throughout his life. As for a woman, her Ihraam will remain and she will have to make Tawaaf in the same Ihraam. Paying some sort of compensation (in lieu of omitting the Tawaaf) will not suffice.

It will only be permissible to be intimate (with one’s spouse) when Tawaaf-e-Ziyaarah is performed. If one had engaged in intercourse prior to performing the Tawaaf-e-Ziyaarah, then a separate Damm will be applicable for being intimate on every occasion.

Re:- Muallimul Hujjaj Pg.252

It will now be Waajib upon her to return to Makkah Mukarramah and make Tawaaf-e-Ziyaarah in the same Ihraam and it is only then that she will be freed from her Ihraam and become Halaal for her husband (Aap ke Masaaíl aur unka Hal; Pg. 386, Vol. 5). She will also have to discharge a damm for every intercourse she engaged in, before becoming Halaal.

ALLAH TA’ALA KNOWS BEST!

ANSWERED BY:

Mufti Mohammed Desai

Date: 24 Rajab 1443 / 26 February 2022