296. The second rite of the Tamattu Umrah is tawaaf, and the tawaaf is also compulsory in the Tamattu Hajj, the Qiraan and Ifraad Hajj as well as the Ifraad Umrah that is also known as the Mufradah Umrah.
297. This tawaaf is a Rukn or a principal element, and therefore the Hajj or Umrah is invalidated if it is deliberately abandoned, contrary to the case of tawaaf al-Nisa'.
298. If one deliberately abandons the tawaaf, and as a result is not able to perform it before the woquf in Arafaat, his Umrah is thus invalidated and his Hajj is reverted to Ifraad. He must therefore keep his state of ihraam, and directly head to Arafaat. He should observe the woquf there and perform all the rites of the Hajj, as it will be given later InSha'Allah. He should then perform the Mufradah Umrah after finishing the Hajj.
299. The same ruling applies to the moqassir, one who was ignorant [of the ruling] due to negligence as the one who deliberately [abandoned to perform the tawaaf] as a precaution. As a priority precaution, the same also applies to the qaasir, one who did not know the rulings. However, this does not apply to the one who forgot to perform the tawaaf, for he should perform the tawaaf of the Umrah as soon as he remembers it, even if he remembered this after performing the Hajj rites, and when Dhil-Hejjah had ended. In that case he should also repeat the say, as a precaution. This is applicable if he was still in Makkah, but if he remembered that he had not performed the tawaaf after he had left the holy city, if he had arrived at his hometown, he should assign someone to perform the tawaaf on his behalf if it is practically difficult for him to go back to Makkah. If however, he had not arrived at his hometown, he should go back to Makkah to perform the tawaaf himself if it is not too difficult to go back. If it proved too difficult to do so, he should then appoint someone to do the tawaaf on his behalf, even the following year if necessary. Similarly, the say should be repeated, either by himself or, failing that, by proxy, as a precaution.
300. If one performed the tawaaf incorrectly, his Umrah is invalidated if it was for Umrah, or his Hajj is invalidated if he was performing the Hajj, regardless of whether he was moqassir as a precaution, or qaasir as a priority precaution.
301. If an ill or disable person cannot perform the tawaaf on his own, if he can seek help from others, say by leaning on them or being carried by them, then he is obliged to do so. If however, he was in a state that he could not even do so, then he should appoint an agent to do the tawaaf on his behalf.
302. If a woman experienced haydh the monthly menstruation period, or nifaas the blood due to postpartum or childbirth, it is obligatory for her to wait until the start time of the woquf in Arafaat. If she was taahir [i.e. the end of haydh or nifaas] before the designated time of the woquf, such that she could perform the tawaaf [and its two-rakah prayer, the say and the taqseer] in time for the woquf in Arafaat, then she is obliged to do so. If she was not taahir before the Designated time of woquf, it is permissible for her to perform the say and the taqseer [only], so that she would cease to be in the state of ihraam of the Tamattu Umrah. She should then declare and assume the ihraam of the Hajj. She must perform the tawaaf for the Tamattu Umrah, and the two-rakah prayer of the tawaaf once she is taahir [She should do them after performing the rites of Makkah, which are the two tawaafs and the say].
Alternatively, it is permissible for her to revert her Hajj [from the Tamattu Umrah] to the Ifraad Hajj [without renewing her ihraam], go to Arafaat, while in the state of menses, and observe the woquf there, and after sunset head to Mashar al-Haraam, and then from there she goes to Mina on the Day of Eid, and perform all the rites as described. After this [the completion of the Ifraad Hajj] she must perform the Mufradah Umrah, as will be described later InSha'Allah.
303. If a woman knows that she would not be taahir until the end of the day of Arafah, she must either declare and assume the state of ihraam for the Ifraad Hajj to begin with, or alternatively she must declare and assume the ihraam for the Tamattu Umrah, perform the say and taqseer[24], thereby releasing herself from the ihraam, and starts the Hajj [by declaring and assuming the ihraam for the Hajj and proceed as normal]. She must perform, as qadha, the tawaaf of the Tamattu Umrah, and its two-rakah prayer after she is taahir.
