The ruling on performing Tawaf on the upper Floor of the Haram

Question :

I was performing Hajj last year, in the year 1400 AH, and when I returned on the second day of the days of At-Tashreeq immediately after midday, I went to make Taraf around the Ka'bah. I was going to perform the Farewell Tawaf and I was going from the place of our tents that were at the end of Mina to the place of stoning and then to the Haram walking the entire way on foot. Then when we reached the Haram we found it overcrowded with people. They were almost reaching the awning areas in the Masjid with their performance of Tawaf. The time was midday and we were fatigued from walking. Then my friend said to me: "Let's go perform Tawaf on the upper floor to avoid the crowd and the sun." So, we performed Tawaf and then we went back to our homeland. Then, when we went for Hajj this year, I asked some of the scholars of the Administrations of Scientific Researches, Religious Verdicts, Preaching and Guidance at Mina about this. Some of them said there is no problem with performing Taf upstairs due to overcrowding of the people and their Tawaf reaching to the areas under the awning. Others among them said that this is not permissible, because the level of the upper floor is higher than the level of the Ka'bah. I hope from your eminence a clarification concerning this point.

Answer:

If the matter is as has been mentioned, there is no sin on you and your Tawaf is correct. And success comes from Allâh. May Allah send blessings and peace upon our Prophet Muhammad, his family and his Companions.

Source:
The Permanent Committee
Fatawa Islamiyah, Vol. 4 Page 174