The marriage contract with a woman in the state of ihram
Machine translationRead the Arabic original
Fatwa number ( 21051 )
Q: I have a wife whom I married twenty-three years ago, and my wife informed me
that she performed 'Umrah with her father and mother about three years before the marriage. When she arrived at Makkah in the state of ihram, and while entering the Haram , her menstrual period started, so she stopped entering the Haram , did not perform any of the rites, and returned with her family to Abha without completing the 'Umrah. Is the marriage contract with her while she was in ihram permissible or not?
A : It is obligatory for your wife to avoid the prohibitions of ihram because she is still in the state of ihram for 'Umrah. She must return to Makkah and complete the rites of her 'Umrah, including the tawaf, sa'y, and shortening of the hair. Then, after that, she should return to the miqat from which she entered ihram for her previous 'Umrah that she did not complete, and enter ihram for a new, complete 'Umrah to make up for her previous 'Umrah; because it was invalidated by sexual intercourse. She must also offer a sheep that is acceptable as an 'Id sacrifice, to be slaughtered in Makkah and distributed to its poor, because the intercourse occurred before she exited the state of ihram from her previous 'Umrah. Once she exits the state of ihram from her second 'Umrah, you may contract marriage with her, because the first contract is invalid due to it occurring while your wife was in the state of ihram for 'Umrah. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: I have a wife whom I married twenty-three years ago, and my wife informed me
that she performed 'Umrah with her father and mother about three years before the marriage. When she arrived at Makkah in the state of ihram, and while entering the Haram , her menstrual period started, so she stopped entering the Haram , did not perform any of the rites, and returned with her family to Abha without completing the 'Umrah. Is the marriage contract with her while she was in ihram permissible or not?
A : It is obligatory for your wife to avoid the prohibitions of ihram because she is still in the state of ihram for 'Umrah. She must return to Makkah and complete the rites of her 'Umrah, including the tawaf, sa'y, and shortening of the hair. Then, after that, she should return to the miqat from which she entered ihram for her previous 'Umrah that she did not complete, and enter ihram for a new, complete 'Umrah to make up for her previous 'Umrah; because it was invalidated by sexual intercourse. She must also offer a sheep that is acceptable as an 'Id sacrifice, to be slaughtered in Makkah and distributed to its poor, because the intercourse occurred before she exited the state of ihram from her previous 'Umrah. Once she exits the state of ihram from her second 'Umrah, you may contract marriage with her, because the first contract is invalid due to it occurring while your wife was in the state of ihram for 'Umrah. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.