Text copied Link copied

Al-Fatawa – home

﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

Scholar
Search mode

The stronger position according to the Shaykh: how the first exit from the state of ihram is achieved

Machine translationRead the Arabic original
Question : Result of the search. The search: exiting the state of ihram. Result.

Answer : He chose that both are necessary. And you are not. By Allah, I am still troubled by this issue, unless we adopt caution in both cases, meaning we say: do not exit the state of ihram until after the stoning and the shaving. But if he has intercourse after the stoning and before the shaving, we do not treat him with the stricter ruling by saying his Hajj is invalid, because if we say that the first exit from the state of ihram is not achieved except by shaving after the stoning, it would follow that if he has intercourse after the stoning, his ritual is invalid. Is it possible for us to act according to one opinion in one aspect and the other opinion in another aspect, by way of caution? Because invalidating his ritual and obligating him to perform another Hajj is difficult.
The issue is confused, and our saying that caution dictates not exiting the state of ihram until after the shaving is clear. If the second issue we mentioned did not follow from this, it would be clear that we should adopt this opinion, as it is the most cautious, the most exonerating for the conscience, and the most reassuring for the heart. But the objection will be raised: what if he has intercourse after the stoning and before the shaving? If we say the first exit from the state of ihram has occurred, the ritual is valid and he owes a fidyah (ransom payment), specifically the fidyah for harm. If we say he has not exited, the ritual is defective, and he is obligated to make it up and to offer a camel. So the issue is that you have been cautious in one aspect but not in another. Is it permissible for us to act according to both proofs? As the Prophet (peace and blessings be upon him) did with Sawdah regarding the slave of Ibn Zam'ah. He said: "The child belongs to the one on the bed," and he said: "Veil yourselves from him, O Sawdah."
Source قناة «فضيلة الشيخ محمد بن صالح العثيمين»، [3628] الراجح عند الشيخ بم يحصل التحلل الأول - تعليقات على الكافي لابن عثيمين — youtube.com

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

Flag this fatwa