by the ummah. It has been said that the first to act upon it was Urwah ibn al-Zubayr, one of the seven jurists of Madinah. A legal ruling that was acted upon by only one of the Successors cannot be said to rest upon an authentic hadith. For the ummah could not disregard such a hadith when there are ample motives and reasons to transmit it and act upon it, since it is well known that not all pilgrims perform the tawaf of ifadah on the Day of Eid.
Moreover, once a person has exited ihram, he is released from its restrictions and does not return to the state of ihram unless he enters a new ihram. Merely failing to hasten to perform the tawaf of ifadah cannot cause the prohibitions to resume without an intention, for the Messenger of Allah, peace and blessings be upon him, said: “Actions are only by intentions, and every person shall have only what he intended.” (1)
He then performs sa'i between Safa and Marwah if he is performing tamattu', or if he is otherwise and did not perform sa'i with the tawaf of arrival. Thereafter, everything becomes lawful for him, ...
His statement, “He then performs sa'i between Safa and Marwah if he is performing tamattu',” means that he performs sa'i between Safa and Marwah in the manner described earlier: he begins at Safa and ends at Marwah, if he is performing tamattu'. A pilgrim performing tamattu' is one who enters ihram for Umrah during the months of Hajj, then exits ihram after it and enters ihram for Hajj in the same year.
He must perform sa'i in all cases, because he is required to perform two tawafs and two sa'is: a tawaf for Umrah and a tawaf for Hajj, and a sa'i for Umrah and a sa'i for Hajj.
His statement, “or otherwise,” means one who is not performing tamattu'—namely, the pilgrim performing Hajj alone and the pilgrim combining Hajj and Umrah.
His statement, “and did not perform sa'i with the tawaf of arrival,” means that if he did perform sa'i, he does not repeat it, because Jabir, may Allah be pleased with him, said: “The Prophet, peace and blessings be upon him, did not perform sa'i”