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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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After returning to Mina, he had intercourse with his wife

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Fatwa number ( 15759 )
Q: I performed Hajj this year with my wife, and our money was stolen, so we were unable to sacrifice. We fasted three days during Hajj, stood at 'Arafah , spent the night at Muzdalifah , and stoned the large Jamarat al-'Aqabah pillar at Mina . Then, on the Day of Sacrifice, after shaving my head, I went alone to Makkah , where I performed Tawaf al-Ifadah and Sa'y. On the second day, I took my wife with me to Makkah to perform Tawaf al-Ifadah for her, as she was in her first month of pregnancy. I advised her to intend it as both Tawaf al-Ifadah and Tawaf al-Wada' in case she would not be able to perform Tawaf al-Wada' separately. She completed this Tawaf in two and a half hours, but she was unable to perform Sa'y between al-Safa and al-Marwah , even on a bicycle. We returned to Mina , and after that, I had intercourse with my wife. The following day, my wife performed Sa'y between al-Safa and al-Marwah , but she was unable to perform Tawaf al-Wada' due to the heavy crowd. Is there any sin on me for having intercourse with my wife before she performed Sa'y, and does the Tawaf al-Ifadah that my wife performed suffice for Tawaf al-Wada' ? Note that she intended both Tawafs together. When I returned to my work in Riyadh , I was unable to fast the seven days due to the intensity and length of my working hours. Is it permissible for me to delay the seven days, and is it permissible to fast them on separate days?
A: It is obligatory for you to fast the remaining seven days when you are able to do so, and it is permissible to fast them consecutively or on separate days. As for the intercourse you had with your wife before she performed Sa'y, this is an error and a forbidden act. It is obligatory for you and for her to repent and seek forgiveness from it. In addition to repentance, she must slaughter a fidyah, which is a sheep, or one-seventh of a camel, or one-seventh of a cow, in Makkah , to be distributed to the poor of the Haram. If she is unable to do so, she must fast for ten days, either consecutively or on separate days. As for her performing Tawaf for Ifadah and intending that it would suffice for Tawaf al-Wada', that does not suffice for Wada' because it was not after the completion of the Hajj rites. Therefore, she must offer a dam, which is slaughtering a head of livestock that is acceptable for the 'Id sacrifice, or one-seventh of a camel, or one-seventh of a cow, in Makkah , to be distributed to the poor of the Haram. If she is unable to slaughter the fidyah, she must fast for ten days. 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.

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