Section: Sa'i is a consequence of Tawaaf; it is not valid unless it is preceded by Tawaaf. If one performs Sa'i before it, it is invalid. This is the opinion of Malik, al-Shafi'i, and the scholars of reasoning (Ashab al-Ra'y). Ata' said: It is sufficient. It is narrated from Ahmad that it is sufficient if he was forgetful, [but if he did it intentionally] (10) his Sa'i is not sufficient; this is because when the Prophet (peace and blessings of Allah be upon him) was asked about prioritizing and postponing [actions] out of ignorance or forgetfulness, he said: "There is no blame" (11). The reasoning for the first [position] is that the Prophet (peace and blessings of Allah be upon him) only performed Sa'i after his Tawaaf, and he said: "Learn your rituals from me" (12). According to this, if he performs Sa'i after his Tawaaf, [and then learns that he] (13) had performed Tawaaf without purification, that Sa'i is not considered valid. Whenever the Mufrid (individual performer of Hajj) and the Qarin (performer of combined Hajj and Umrah) perform Sa'i after the Tawaaf al-Qudum (arrival circumambulation), they are not required to perform Sa'i again later. If they did not perform it with it, they perform it with the Tawaaf al-Ziyarah (visitation circumambulation). Succession (muwalat) is not obligatory between Tawaaf and Sa'i. Ahmad said: There is no harm in delaying the Sa'i until one rests, or until the evening. [Ata' and al-Hasan saw no harm for one who circumambulated the House early in the day to delay the [Sa'i between] al-Safa and al-Marwah until the evening] (14). Al-Qasim and Sa'id ibn Jubayr did this; because if succession is not obligatory within the Sa'i itself, it is even more so regarding the time between it and Tawaaf.

624 - Issue: He said: (So when he finishes the Sa'i, if he is a Mutamatti' [performing Tamattu' Hajj], he shall shorten his hair, and then he has exited the state of Ihram.)

The Mutamatti' is the one who enters into Ihram for Umrah (1) from the Miqat. When he finishes its actions, which are Tawaaf and Sa'i, he shortens or shaves his hair, and he has thereby exited the state of Ihram (2) from his Umrah, if (3) he does not have a sacrificial animal (hady) with him; based on what was narrated by Ibn Umar, who said: The people performed Tamattu' with the Messenger of Allah (peace and blessings of Allah be upon him) during the Hajj. When the Messenger of Allah (peace and blessings of Allah be upon him) arrived in Makkah, he said to the people: "Whoever has a sacrificial animal with him shall not exit any state of prohibition he entered until he completes his Hajj, and whoever does not have a sacrificial animal with him, let him circumambulate the House and [walk between] al-Safa and al-Marwah, then let him shorten his hair and exit [the state of Ihram]." Agreed upon (4). We know of no disagreement regarding this. It is not recommended to delay exiting the state of Ihram. Abu Dawud said: I heard Ahmad being asked about someone who entered Makkah as a Mu'tamir (performing Umrah) and did not shorten his hair until the Day of Tarwiyah; is there anything upon him? He said: This person has not exited the state of Ihram yet; he should shorten his hair, then enter into Ihram for Hajj, and there is nothing upon him, but what he did was bad.