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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 5 · Page 225Section

Translation · EN

If two men are circumambulating and they disagree on the circumambulation, they both rely on certainty. This is interpreted as referring to when they both doubt; as for when one of them is certain of his own situation, he does not pay attention to the statement of the other.

Section: If one who is performing Tamattu' finishes, and then learns that he was not in a state of purity during one of the two circumambulations—without specifying which one—he relies on the more rigorous assumption, which is that he was in a state of impurity during the 'Umrah circumambulation; thus, it is not valid, and he has not exited the state of ihram for it. Therefore, a blood sacrifice (dam) is required of him for the shaving, and he will have integrated Hajj into 'Umrah, becoming a Qarin (one performing Qiran). The circumambulation for Hajj suffices for both rituals. If we were to calculate it as being part of Hajj, he would be required to repeat the circumambulation, and he must repeat the Sa'i under both suppositions because it was performed after a circumambulation that was not counted. If he had sexual intercourse after exiting the state of ihram for 'Umrah, we rule that he integrated a Hajj into an 'Umrah, [rendering it invalid, so it] is not valid. The acts of Hajj he performed are void, and he exits the state of ihram through the circumambulation he intended for Hajj from his invalid 'Umrah. He owes a blood sacrifice for the shaving and a blood sacrifice for the sexual intercourse during his 'Umrah, and he gains neither a valid Hajj nor a valid 'Umrah. If we were to calculate it as part of Hajj, he would be required to do no more than repeat the circumambulation and Sa'i, and he would obtain both the Hajj and the 'Umrah.

617 - Issue: He said: "He does not touch (istilam) or kiss any of the corners except the Black Stone and the Yemeni Corner."

The Yemeni Corner is the qiblah (direction) for the people of Yemen, and it adjoins the corner containing the Black Stone. It is the last of the corners he passes during his circumambulation. This is because he begins with the corner containing the Black Stone, which is the qiblah of the people of Khurasan, so he touches and kisses it. Then he proceeds to his right, keeping the House on his left. When he arrives at the second corner, which is the Iraqi one, he does not touch it. When he passes the third, which is the Syrian one, he does not touch it either. These two corners adjoin the

Notes

(9) In the original: "lam" (did not). (10) In A, B, and M: "fasidatan wa la" (invalid and [does] not).

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