The ruling on marrying a woman who performed 'Umrah once and did not shorten her hair
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Q: My wife, her father, and her mother went to Makkah al-Mukarramah to perform 'Umrah. Upon completing the 'Umrah, they did not shorten their hair. This was due to their ignorance of the requirement to shorten the hair, and it happened before I contracted the marriage with her. Also, her father has passed away. I have now been married to her for a year. What is obligatory for her to do now?
A: It is obligatory to renew the marriage contract; because the first contract was concluded while the wife was in the state of ihram, and a marriage contract is not valid if one of the parties is in ihram. This is based on his saying (peace and blessings be upon him):Sunan Abi Dawud 1841Sahih (Al-Albani) There is no sin on the spouses for what occurred between them before the renewal of the contract, because it arose from ignorance. The husband must avoid his wife until he renews the contract, and the wife must shorten her hair before the contract is performed. She must also slaughter a sheep.
A: It is obligatory to renew the marriage contract; because the first contract was concluded while the wife was in the state of ihram, and a marriage contract is not valid if one of the parties is in ihram. This is based on his saying (peace and blessings be upon him):
A pilgrim may not marry and give someone in marriage in the sacred state(while wearing ihram).
لا ينكح المحرم ولا ينكح
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.