Question: 

A lady performed Hajj, but returned without performing Tawaaf Ziyaarat. What is the ruling with regard to Damm and rectifying her error? How should she rectify her error? 

Answer: 

If a person omits Tawaaf-e-Ziyaaret 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.

And Allah Ta'aala knows best!

ANSWERED BY: Mufti Mohammed Desai 

CHECKED AND APPROVED BY: Mufti Muhammed Saeed Motara Saheb D.B 

Date: 04 Rajab 1441 

English Date: 28 February 2020