Observing how crowded the place was, he decided to wait for a better chance for performing Tawaf

Q: On Thursday, 25 Ramadan 1421 A.H. We headed for Makkah via Al-Sayl Road, from which we entered Ihram (ritual state for Hajj or `Umrah). We then headed toward Al-Haram (the Sacred Mosque in Makkah) at about 4:30 pm entered through the Gate of King `Abdul `Aziz It was very crowded; my wife and three sons - aged five years, four years, and eight months - were with me, together with our Indonesian employee (who is a Muslim). My five-year-old and four-year-old boys entered Ihram too, but when we saw how crowded the place was we decided to wait for a better chance of Tawaf. However, the place became more and more crowded throughout the night, and after Fajr (Dawn) Prayer, we tried again to do Tawaf. I could not go with my whole family, so I left them and went alone and finished my `Umrah. I then stayed with the children so that my wife and our employee could go and perform the `Umrah, but when they saw the crowd, they decided not to go at that time. We waited until 9:30 am on Friday, (Part No. 10; Page No. 364) 26 Ramadan, 1421 A.H., but it was still crowded. Since the whole family was exhausted due to not having slept all night, in addition to the lack of food for the children, the family insisted on returning to Riyadh. So we left Al-Haram without my wife, our employee and our children having performed the `Umrah. Please tell us the legal opinion about this, may Allah reward you with the best.

A: If the reality is as you mentioned, those who did not perform the `Umrah must wear the clothes of Ihram again, and return to Makkah as soon as possible, to perform the `Umrah for which they started Ihram and did not complete its rituals. If you had sexual intercourse with your wife in this period, her `Umrah is invalid, and she must go on with this invalid `Umrah, then return to the Miqat (site for entering the ritual state for Hajj and `Umrah) from which she first entered Ihram and start another Ihram for a new `Umrah as compensation for the invalid one. She must also slaughter a sheep meeting the same conditions for Ud-hiyah (sacrificial animal offered by non-pilgrims) in Makkah, and distribute it among the poor people who live in the Haram (all areas within the Sacred Sanctuary of Makkah), in addition to paying a Fidyah (ransom) for the intercourse.May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.