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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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What is the ruling on one who has intercourse before tawaf and sa'y?

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Question:
The questioner says: A woman came for 'Umrah with her husband, and they had intercourse before tawaf and sa'y; because they arrived in Makkah at night, and it was an oversight due to their lack of knowledge of the ruling. What fidyah (ransom payment) is required of them?

Answer:
They must proceed with this 'Umrah and complete it, and it is defective (fasid); it is defective, but it is obligatory for them to complete and finish it. Then, after that, they return to the miqat from which they first entered ihram for the defective 'Umrah, and they enter ihram from there for a new 'Umrah to make up for the defective one, and they perform it in the prescribed manner. Then, each of them owes a fidyah of slaughtering a sheep in Makkah, which they distribute to the poor and do not eat any of it. There are three things that are necessary.
Source قناة «العلامة الدكتور صالح الفوزان»، ما حكم من جَامَع قبل الطواف والسعي؟ للشيخ صالح الفوزان — youtube.com

The Arabic text is a machine transcription of the audio recording.

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