He did one of the circuits of tawaaf in Hajj going through the Hijr, then he went back to his country

Question

Praise be to Allah.

Firstly:

The majority of fuqaha’ – the Maalikis,
Shaafa‘is and Hanbalis – are of the view that for tawaaf to be valid, it is
essential that one should go around the entire Ka‘bah, and that if a person
does tawaaf going through the Hijr, his tawaaf does not count, because he
has not gone around the entire Ka‘bah as Allah, may He be glorified,
enjoined in the verse (interpretation of the meaning): “and
circumambulate the Ancient House (the Ka‘bah at Makkah)” [al-Hajj 22:29].

The one who does tawaaf going through the
Hijr is only circumambulating part of the Ka‘bah, because the Hijr is part
of the Ka‘bah. Based on that, the circuit in which he went through the Hijr
is not to be counted.

The view of these scholars is also that
tawaaf does not count unless it is seven circuits. If a person omits a
circuit, then his tawaaf is not valid.

According to this view, you have to do a
number of things:

1.You have to go
back to Makkah and do tawaaf al-ifaadah.

2.You have to do the
sa‘i of Hajj if you were doing tamattu‘ (‘umrah followed by Hajj, exiting
ihram in between), because your sa‘i was done after a tawaaf that was not
valid, so it does not count. The same applies if you were doing ifraad (Hajj
on its own) or if you were doing qiraan (‘Umrah followed by Hajj without
exiting ihram in between,) and you did not do sa‘i after tawaaf al-qudoom.

3.You have to offer
a sacrifice for having had intercourse with your wife. According to the
Hanbalis you have a choice between slaughtering a sheep, or feeding six poor
persons, giving each one a mudd of wheat or half a saa‘ of some other
foodstuff, or fasting for three days. A mudd is approximately 750 grams, and
half a saa‘ = two mudds.

Al-Mudawwanah
(1/425); Mawaahib al-Jaleel (3/70, 72, 73); al-Majmoo‘ (8/32);
al-Mughni (3/189); Kashshaaf al-Qinaa‘ (2/530)

Ibn Qudaamah (may Allah have mercy on him)
said: … The Hijr should be included in one’s tawaaf, because the Hijr is
part of the Ka‘bah. Rather that is so because Allah, may He be exalted,
enjoined us to circumambulate the Ka‘bah in its entirety, when He said
(interpretation of the meaning): “and circumambulate the Ancient House
(the Ka‘bah at Makkah)” [al-Hajj 22:29], and the Hijr is part of it. If
a person does not circumambulate it (in its entirety) then his tawaaf is not
valid. This is the view of ‘Ata’, Maalik, ash-Shaafa‘i, Abu Thawr and Ibn
al-Mundhir. The ashaab ar-ra’y said: If he is in Makkah, he should make up
what remains; if he has gone back to Kufah, he has to offer a sacrifice.

End quote from
al-Mughni
(3/189)

Secondly:

The Hanafis are of the view that the one
who has done most of the circuits of tawaaf has fulfilled the obligation of
tawaaf. “Most of the circuits”, in their view, means three circuits and most
of the fourth circuit.

In their view, the one who does all of the
circuits going through the Hijr has done most of tawaaf and has omitted one
quarter of it, because the Hijr is one quarter of the Ka‘bah. Based on that,
if a person does six circuits, or he did all of his circuits or some of them
going through the Hijr, then he goes back to his country, he has the choice
between two options:

1.Going back to
Makkah, entering ihram and doing the remaining circuit, and giving charity
for the (incomplete) circuit by feeding a poor person, giving him two mudds
of wheat

2.Or sending a sheep
or appointing a proxy to sacrifice a sheep on his behalf in Makkah, to be
given to the poor of the Haram.

The one who had intercourse with his wife
after doing this tawaaf does not have to do anything, according to them,
because that happened after a valid tawaaf that counts as such.

See: al-Mabsoot (4/43, 46);
Badaa’i‘ as-Sanaa’i‘ (2/132).

As-Sarkhasi (may Allah have mercy on him)
said: If a person does the obligatory tawaaf in Hajj and ‘Umrah from inside
Hateem (Hijr), he should make up what he omitted, if he is still in Makkah.
If he has gone back to his family, then he has to offer a sacrifice, because
what was omitted is less (than what he did do), as he only omitted to go
around the Hateem.

As we have explained, the one who omits
the lesser part of the circuits of tawaaf has to repeat what he omitted. If
he does not repeat it, then he has to offer a sacrifice, in our view, and
this (the case in question here) is similar to that. However, the best in
our view is for him to repeat tawaaf from the beginning, so that he will be
paying attention to the sequence established by the Sunnah. But if he
repeats it by going around the Hateem only, that is acceptable, because he
will have done that which was omitted.

End quote from al-Mabsoot (4/64)

Thirdly:

The more correct view concerning this
matter is the view of the majority of fuqaha’, because the evidence for it
is strong. We have mentioned some of this evidence above; there is also the
words of the Prophet (lettings and peace of Allah be upon him): “Learn from
me your rituals (of Hajj).” This is an explanation of the verse in which
Allah, may He be exalted, says (interpretation of the meaning): “and
circumambulate the Ancient House (the Ka‘bah at Makkah)” [al-Hajj 22:29].
The Prophet (blessings and peace of Allah be upon him) circumambulated it
seven times, all of them going around the Hijr, which indicates that this is
what is obligatory and is required of everyone.

Fourthly:

You are currently still in ihram, so it is
not permissible for you to have intercourse with your wife until you have
exited ihram completely by doing tawaaf and sa‘i.

Fifthly:

The Hanafi view on correcting this tawaaf
should not be followed except in the case of one who is unable to go back to
Makkah; in his case following this view will give him a way out. So if you
cannot go back to Makkah, there is nothing wrong with you following the view
of the Hanafi madhhab, which requires you to slaughter a sheep to be
distributed to the poor of the Haram, as stated above.

Please see the answers to questions no.
106544 and 46597

Sixthly:

The individual has to learn the rulings on
acts of worship before doing them, and he should ask scholars about anything
he is confused about. He should not ask just anybody, regardless of his
level of knowledge and piety. If the person who you asked at that time and
who told you about the view of Abu Haneefah was a person who is qualified to
issue fatwas, or he was the leader of the group with whom you did Hajj, and
you believed that he had a sufficient level of knowledge that qualified him
to do that, then you do not have to do anything further and there is no
blame on you for following his view and fatwa.

We ask Allah to help and guide us and
you.

And Allah knows best.