Question
A lady performs Hajj but returns without performing Tawaaf-e-Ziyaarat. What is the ruling regarding Damm and rectifying her error?
Answer
If a person omits Tawaaf-e-Ziyaarat 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-Ziyaarat is performed. If one had engaged in intercourse prior to performing the Tawaaf-e-Ziyaarat 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-Ziyaarat 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.
Checked and Approved By:
Mufti Muhammed Saeed Motara Saheb D.B.