A friend of ours, who was with us last year in Haj, got injured in an accident in Mina. He did not perform the Tawaf Ziyarah. (The welcome Tawaf). Immediately after the accident, he was shifted to a hospital. Till the 12th of dhul hujjah, he remained in hospital only. After the 12th , when he felt some relief, he performed the Tawaf Ziyarah. Will he have to perform expiation (dam)? Along with this, I would also like to know what if somebody delays the Tawaf ziyarah without a valid reason?

Answer:

According to the mentioned details, your friend got injured in Mina, and was admitted to a hospital. Because of this reason, he could not perform Tawaf ziyarah till the dusk of 12th Dhil Hijjah. After this he performed the Tawaf Ziyarah. Then according to the Shariah, the Tawaf Ziyarah has been performed. Because this delay was because of a valid reason, there is no atonement on you friend.

Tawaf Ziyarah is an extremely important article of the Haj. Nothing can compensate for this. Without performing, it will never be considered as done. Till the Tawaf, sexual relations with the wife are not permissible. The time for it is between the dawn of the 10th of Dhil Hijjah to the dusk of its 12th. It is preferable to perform it on the 10th. If it is delayed without any reason, then dam is compulsory (Wajib). With a valid reason, it is to And Allah knows best.

Mufti Syed Ziauddin Naqshbandi Qadri,
Naib Shaykh Ul Fiqh, Jamia Nizamia.