She entered the state of ihram for 'Umrah, but when she started menstruating, she refused to perform the 'Umrah
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Q: My wife and I went to Makkah al-Mukarramah to perform 'Umrah five years ago. We entered the state of ihram from the miqat, and my wife did not make a condition in her ihram. When we arrived in Makkah al-Mukarramah , she started menstruating before we could perform the 'Umrah. Due to the short time we had to stay in Makkah al-Mukarramah , I performed the 'Umrah alone. After that, we returned to our homes without my wife performing the 'Umrah. Now, my esteemed Shaykh, it has been five years since that 'Umrah, and during that time, Allah has blessed us with children, praise be to Him. We have performed 'Umrah more than three times during this period, each time with a proper ihram. My question, my esteemed Shaykh, is about the ihram from which my wife returned without performing the 'Umrah : Did the 'Umrah she performed later suffice for her, or is she still in the state of ihram? Please note that intercourse, the use of perfume, and all other prohibited acts occurred during these five years. Please give us a ruling, may Allah reward you with good.
A: Your wife’s refusal to perform the 'Umrah due to the onset of menstruation
is incorrect. She remains in the state of ihram, and your intercourse with her invalidated her 'Umrah. The 'Umrah she performed afterward is considered a continuation of the 'Umrah that was invalidated by the intercourse. The third 'Umrah she performed is considered making up for the 'Umrah that was invalidated by the intercourse. She must slaughter a sheep in Makkah and distribute it to the poor of the Haram as a fidyah (ransom payment) for the intercourse that occurred while she was in the state of ihram. She must also repent to Allah, the Exalted, for the intercourse that occurred before she exited the state of ihram from the 'Umrah.
A: Your wife’s refusal to perform the 'Umrah due to the onset of menstruation
is incorrect. She remains in the state of ihram, and your intercourse with her invalidated her 'Umrah. The 'Umrah she performed afterward is considered a continuation of the 'Umrah that was invalidated by the intercourse. The third 'Umrah she performed is considered making up for the 'Umrah that was invalidated by the intercourse. She must slaughter a sheep in Makkah and distribute it to the poor of the Haram as a fidyah (ransom payment) for the intercourse that occurred while she was in the state of ihram. She must also repent to Allah, the Exalted, for the intercourse that occurred before she exited the state of ihram from the 'Umrah.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.