What is the ruling on circumambulating the Kaaba without including the Hijr Ismail?
Chapter on Mentioning Hajj and Entering Makkah
Al-Mughni
Book of Hajj
Primary text
Circumambulation is not considered valid unless one circumambulates all of the Kaaba, which includes the Hijr Ismail. This is because Allah commanded the circumambulation of the Ancient House entirely, as stated in Quran 16:29 ("And let them perform Tawaf around the Ancient House"), and the Hijr is part of it. Therefore, omitting circumambulation around it invalidates the entire Tawaf. This is the view held by 'Ata, Malik, al-Shafi'i, Abu Thawr, and Ibn al-Mundhir. The evidence supporting this is the report from 'Aishah that when she asked the Messenger of Allah (peace be upon him) about the Hijr, he replied, "It is from the House." Another narration confirms that the Prophet (peace be upon him) stated that the structure was shortened during the building, and if not for the recent departure of paganism, he would have restored what was omitted. The Prophet (peace be upon him) also personally guided 'Aishah into the Hijr, saying, "Pray in the Hijr if you wish to enter the House, for it is a piece of the House." Thus, leaving the Hijr means not completing the Tawaf of the entire House.
Supporting text
The Hanafi scholars (Ahl al-Ra'y) state that if the omission occurs while the pilgrim is in Mecca, they must complete the omitted part. If the pilgrim has returned to Kufa, a sacrifice (damm) is incumbent upon them. Al-Hasan held a similar view.