[Q-ID0549] I did not recite the talbiyah when tying Ihram, what is the penalty for this?

QUESTION:

What do the scholars of the Dīn and muftīs of the Sacred Law state regarding the following issue: A woman did not recite the Talbiyah at the time of tying Ihrām, though now having completed ‘Umrah, she has had Taqsīr done; in this current state, what is the penalty for her having not recited the Talbiyah? Please bless us with the answer in light of proofs.

Questioner: Hafiz Abdur Rahman Sultani from UK

ANSWER:

بسم اللہ الرحمن الرحیم
الجواب بعون الملک الوھاب اللھم ھدایۃ الحق والصواب

If this woman, having made the intention of Ihrām, recited the Talbiyah or read some other words in its place which can be regarded as the Dhikr of Allāh, such as سُبْحَانَ الله, or اَلْحَمْدُ لِله or لَا إِلٰهَ إِلَّا الله, or in the Urdu language: اے اللہ پاک، اے پروردگاروغیرہ, or similarly in the English language: O Allāh, O Lord, etc then her Ihrām has begun and her ‘Umrah is correct. However, if, after the intention of Ihrām, she did not recite the Talbiyah nor any other words in its place in Urdu, English, or any other language, which could be regarded as the Dhikr of Allāh, then her Ihrām will not have begun, due to which nor will her ‘Umrah be correct. Just as it is stated in Fatāwā Hindiyyah,

“وَلَا يَصِيرُ شَارِعًا بِمُجَرَّدِ النِّيَّةِ مَا لَمْ يَأْتِ بِالتَّلْبِيَةِ أَوْ مَا يَقُومُ مَقَامَهَا مِنْ الذِّكْرِ”

“One will not have started ‘Umrah by merely making the intention unless one recites the Talibiyah or any other Dhikr in its place.”

[al-Fatāwā al-Hindiyyah, vol 1, ch 3, pg 222]

If she walks past Mīqāt in this current state, coming to perform ‘Umrah, then Dam will be wājib upon her and she will also be sinful because of her negligence of the respect for Mīqāt. Just as it is stated in ‘Ālamgīrī,

“فَإِنْ أَحْرَمَ بِالْحَجِّ أَوْ الْعُمْرَةِ مِنْ غَيْرِ أَنْ يَرْجِعَ إلَى الْمِيقَاتِ؛ فَعَلَيْهِ دَمٌ لِتَرْكِ حَقِّ الْمِيقَاتِ”

[al-Fatāwā al-Hindiyyah, vol 1, ch 10, pg 253]

She should now also repent, and going to any nearby Mīqāt, she should tie her Ihrām and perform ‘Umrah; doing this will also cancel the Dam.

However, if she did not cross Mīqāt in such a state of Ihrām, rather she tied the Ihrām from al-Hil, meaning from Masjid ‘Ā’ishah or Ji’irrānah, even then merely the intention of Ihrām will not suffice; rather, alongside the intention, it is also essential to recite the Talbiyah or any Dhikr of Allāh in any language in its place. However, if she did not recite it, then her Ihrām will not have commenced, which is the reason why her ‘Umrah will not have been correct. Just as it is stated in Fatāwā Hindiyyah,

“وَلَا يَصِيرُ شَارِعًا بِمُجَرَّدِ النِّيَّةِ مَا لَمْ يَأْتِ بِالتَّلْبِيَةِ أَوْ مَا يَقُومُ مَقَامَهَا مِنْ الذِّكْرِ”

“One will not have started ‘Umrah by merely making the intention unless one recites the Talibiyah or any other Dhikr in its place.”

[al-Fatāwā al-Hindiyyah, vol 1, ch 3, pg 222]

Though in this case, Dam will not be wājib upon her because she did not leave out a wājib act, merely going to-and-fro al-Hil and walking in the Matāf and Mas’ā have taken place, and so there is no problem in this.

واللہ تعالی اعلم ورسولہ اعلم صلی اللہ علیہ وآلہ وسلم
کتبہ ابو الحسن محمد قاسم ضیاء قادری

Answered by Mufti Qasim Zia al-Qadri
Translated by Haider Ali

Read the original Urdu answer here: [Q-ID0549] I did not recite the talbiyah when tying Ihram, what is the penalty for this?

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