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Last Updated: 2013/07/24
Summary of question
A Sunni brother has performed Hajj and then converted to Shia. Considering that he has not done Tawaf al-Nisa, what is his duty? Is his child illegitimate by birth?
question
A Sunni brother has performed Hajj and then he has been blessed with a child and then converted to Shia. Considering that he has not done Tawaf al-Nisa, what is his duty? Is his child illegitimate by birth?
Concise answer
1. Some jurisprudents have not mentioned any special obligation or duty for the pilgrim who has performed hajj but some jurisprudents are of the view that the farewell circumambulation (tawaf al-weda) done by Ahl-e Sunah would count for tawaf al-nisa. In case, he has not performed the farewell hajj, the obligatory precaution is that he should perform tawaf al-nisa. If he himself cannot do that, he should deputize someone to perform the obligation on his behalf. Insofar as he has not done that, he must avoid sexual intercourse with his wife.
2. In the said case, the born children are legitimate by birth.
Index:
The question has also been sent to the offices of some grand jurists and the answers which we have received are as under:[1]
Grand Ayatollah Khamenei (may Allah grant him long life):
The child is legitimate by birth.
Grand Ayatollah Makarem Shirazi (may Allah grant him long life):
In the said case, his child is legitimate by birth.
Grand Ayatollah Sistani (may Allah grant him long life):
1. It would be sufficient, if the farewell tawaf is done as the last obligatory tawaf.
2. The child is legitimate by birth.
Ayatollah Hadavi Tehrani (may Allah grant him long life):
Their tawaf al-weda' (farewell circumambulation) counts for tawaf al-nisa and if he has not performed tawaf al-weda, the obligatory precaution is that he should perform tawaf al-nisa. If he himself cannot do that, he should deputize someone to perform the obligation on his behalf. Insofar as he has not done that, he must avoid sexual intercourse with his wife. In any case, there will be no problem with his previous children as they are legitimate by birth.
 Link to Isteftaat Website
 

[1] The question has been sent by IslamQuest website to the offices of grand Ayatollah Khamenei, Sistani, Makarem Shirazi (may they live long).
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