Works : Hajj Rituals
Sa'y is one of the fundamentals of Hajj. If one deliberately fails to perform it - whether conversant with the rule or not - to the extent that it becomes impossible to complete Umrah rituals in time (i.e. before the zawaal of wuquf at Arafat) the Hajj is invalidated.
The rules applicable to such a pilgrim are the same as those governing the one who deliberately fails to perform tawaf. These have already been discussed under Tawaf.
Rule 341: If a pilgrim forgets to perform sa'y, he must perform it whenever he remembers. However, if one remembers after completing the ceremonies of Hajj, and is unable to perform sa'y personally, because of some constraint or difficulty, he must resort to appointing an agent. In both the cases, the pilgrimage will be valid.
Rule 342: If a pilgrim is unable to perform sa'y in time, even with the another person's help, he must enlist the service of another, who could carry him or push him in a wheelchair.
If help was not at hand, he may hire an agent to perform sa'y on his behalf. Inability to use a proxy, due to ill health, could be resolved by the pilgrim's next of kin, or another person, carrying it out for him. Hajj, in both the cases, will be valid.
Rule 343: A pilgrim must, as a matter of precaution, not delay performing sa'y, after having completed tawaf and its prayer. Evidently, though, it is permissible to delay it till night time to overcome tiredness or avoid hot weather, indeed at all circumstances - on the strength of the evidence (alal aqwa). Nevertheless, it is not permissible to delay it to the next day.
Rule 344: The rule, governing the doubt of doing extra rounds in sa'y, is exactly the same as the that governing tawaf. It invalidates the sa'y if, knowingly and deliberately, additional rounds are made.
However, if the lapse occurs out of ignorance of the rule, sa'y will evidently not be invalidated, albeit repetition is recommended, as a matter of precaution.
Rule 345: If a pilgrim, performing sa'y, makes extra rounds by mistake, his sa'y is valid. However, if the increase is a complete round or more, it is mustahab to complete seven rounds to make a full sa'y, on top of the first one. In this way he should complete it at Safa.
Rule 346: If a pilgrim deliberately falls short of the required rounds in sa'y, be he conversant with the rules or not, he shall be governed by the same rules of him who fails to do sa'y.
If the shortfall was inadvertent, he must rectify the situation whenever he remembers, evidently, whether the decrease was one round or more
If the lapse is realized after a while, such as remembering mistake made during the sa'y of Umrat-ut-Tamatu' while he is in Arafat or after the expiry of Thil Hijjah, he must hasten to repeat the sa'y, as a matter of precaution.
If, for any reason, he could not, he must hire an agent to do it for him. As a matter of precaution, the agent must do both - finish the forgotten rounds off and repeat the sa'y.
Rule 347: If, in the course of Umrat-ut-Tamatu', a pilgrim mistakenly fails to perform part of sa'y, in the belief that he had completed it, he must, as a matter of precaution, sacrifice a cow as a kaffarah (kaffarah ); it, as already stated, is obligatory to complete the sa'y.
Doubt in Sa’y
Doubt, in the number of rounds of sa'y or whether it was done properly, must be ignored; that is after it is no longer feasible to rectify it. For example, if the doubt arises in Umrat-ut-Tamatu', after taqseer, or in Hajj, after the embarkation on Tawafun Nisa.
If the doubt, in the number of rounds after completing sa'y; was in favour of an increase, he must ignore it, should it arise before taqseer. If the doubt was in favour of a lesser number of rounds, the sa'y is invalidated.
Rule 348: If the doubt, in favour of an increase, happens towards the end of the round, such as on reaching Marwah, a pilgrim thought it was his seventh or ninth round, the doubt should be ignored and sa'y is therefore valid. However, if the same doubt arises in the course of a round, the sa'y is invalidated and has to be performed again.
Rule 349: The rule on doubt in the number of rounds in sa'y is the same as the rule for doubts arising in the course of tawaf. As a general rule, if there is doubt in the number of rounds, the sa'y is invalidated.