Hajj performed by a person who committed an act of Kufr
Question:
After performing Hajj, a person committed Zina (sexual intercourse outside marriage) and sometimes neglected Salah (Prayer). Later, this person repented to Allah. Is this person’s first Hajj sufficient or should they perform Hajj once again?
Answer:
It was authentically reported from the Messenger of Allah (peace be upon him) that he stated, “Islam is based on five pillars: testimony that there is no God but Allah and that Muhammad is the Messenger of Allah; offering Salah, giving Zakah; fasting in Ramadan; and performing Hajj.” 1
The issue of Salah is grave, as it is mentioned immediately after the two Shahadahs (Testimonies of Faith). Thus, the Prophet (peace be upon him) stated, “That which differentiates us from the Kafirs (disbelievers) and hypocrites is offering Salah; a person who abandons it becomes a Kafir.” 2
A person who offers Salah, and at times neglects it, is playing with religion. If a person abandons one Salah, for three days they are admonished. If they do not repent, they are sentenced to capital punishment. You mentioned that this man has repented. Whoever repents, Allah will accept their Tawbah (repentance). On this basis, he should repeat Hajj as a sort of precaution, as the Prophet (peace be upon him) stated, “Leave what causes you doubt and turn to what does not cause you doubt.” 3
As for his committing Zina after Hajj, if he had committed it while thinking it is Halal (lawful), this is considered Kufr (disbelief) which invalidates his previous deeds. If he has done it while believing in its prohibition, it will be counted as a major sin, and it necessitates Tawbah. However, his Hajj is valid, and the sin of Zina remains until he repents.
May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.
Al-Bukhari, Sahih, Book on faith, no. 8; Muslim, Sahih, Book on faith, no. 16; Al-Tirmidhy, Sunan, Book on faith, no. 2609; Al-Nasa*y, Sunan, Book on faith and its laws, no. 5001; and Ahmad ibn Hanbal, Musnad, vol. 2, p. 93. ↩
Al-Tirmidhy, Sunan, Book on faith, no. 2621; Al-Nasa*y, Sunan, Book on Salah, no. 463; Ibn Majah, Sunan, Book on performing Prayer and its Sunan, no. 1079; and Ahmad, Musnad, vol. 5, no. 346. ↩
Ahmad, vol. 1, p. 200 and vol. 3, p. 153; Al-Tirmidhy, vol. 4, p. 668, no. 2518; Al-Nasa’i, vol. 8, pp. 327 and 328, no. 5711; Al-Darimy, vol. 2, p. 245; ‘Abdul-Razzaq, vol. 4, p. 117, no. 4984; Ibn Khuzaymah, vol. 4, p. 59, no. 2348; Ibn Hibban, vol. 2, p. 498, no. 722; Abu Ya`la, vol. 12, p. 132, no. 6762; Al-Hakim, vol. 2, p. 13 and vol. 4, p. 99; Al-Tabarany, Al-Kabir, vol. 3, pp. 75 and 76, nos. 2708 and 2711, and Al-Saghir, vol. 1, p. 102; Al-Tayalisy, p. 163, no. 1178; Al-Bayhaqy, vol. 5, p. 335; and Al-Baghawy, Sharh Al-Sunnah, vol. 8, pp. 16 and 17, no. 2032. ↩