What is the ruling on contracting a marriage for a pilgrim before the second exit from the state of ihram?
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Question : If a person contracts a marriage with his wife and has not yet exited the second state of ihram, there is room for opinion in this matter.
Answer : As happened with some people: some stoned the pillars, shaved their heads, and completed the Hajj, then returned from Makkah without having performed the tawaf of ifadah, and they contracted a marriage with a woman and had children from her. If such a case occurs, we can look at the issue and say the marriage is valid; the marriage is valid, because the matter has already taken place. But before the matter takes place, we say: do not marry until what? Until you go to Makkah and perform the tawaf of ifadah and sa'y, because until now he has not exited the second state of ihram. This is a matter that the mufti should note: the person's state before he falls into the matter and his state after he falls into it. Deal with him according to the most cautious position before the matter takes place; dealing with him according to the most cautious position is safer for his conscience. And if he has fallen into it, and there is no clear text making what he did contrary to the law, and the matter is a matter of ijtihad among people and the texts are ambiguous, then at that time the ruling is issued based on what is easier.
Because after the matter has taken place, the mufti may be in a difficult position to invalidate this thing without a decisive text indicating its invalidity. Yes.
Answer : As happened with some people: some stoned the pillars, shaved their heads, and completed the Hajj, then returned from Makkah without having performed the tawaf of ifadah, and they contracted a marriage with a woman and had children from her. If such a case occurs, we can look at the issue and say the marriage is valid; the marriage is valid, because the matter has already taken place. But before the matter takes place, we say: do not marry until what? Until you go to Makkah and perform the tawaf of ifadah and sa'y, because until now he has not exited the second state of ihram. This is a matter that the mufti should note: the person's state before he falls into the matter and his state after he falls into it. Deal with him according to the most cautious position before the matter takes place; dealing with him according to the most cautious position is safer for his conscience. And if he has fallen into it, and there is no clear text making what he did contrary to the law, and the matter is a matter of ijtihad among people and the texts are ambiguous, then at that time the ruling is issued based on what is easier.
Because after the matter has taken place, the mufti may be in a difficult position to invalidate this thing without a decisive text indicating its invalidity. Yes.
Source
قناة «فضيلة الشيخ محمد بن صالح العثيمين»، 153 - ما حكم عقد النكاح للحاج قبل التحلل الثاني؟ مناسك الحج والعمرة - ابن عثيمين — youtube.com
The Arabic text is a machine transcription of the audio recording.
