What is obligatory for a man if he has intercourse with his wife while in a state of ihram?
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The questioner : What is obligatory for a man if he has intercourse with his wife while in a state of ihram?
The Shaykh : If a man has intercourse with his wife while in a state of ihram, he is either in ihram for 'Umrah or in ihram for Hajj. If he is in ihram for 'Umrah, then according to what the scholars have mentioned, he must either slaughter a sheep and give it in charity to the poor, or feed six poor people, giving each person half a sa' (a dry measure of about 3 kg), or fast for three days. He has the choice among these options. However, if he had intercourse with his wife before completing the sa'y (walking between al-Safa and al-Marwah) of the 'Umrah, then his 'Umrah becomes invalid, and he must make it up, because it was performed in a defective state. As for if the intercourse, or if he had intercourse with his wife during Hajj, then he must slaughter a camel and give it in charity to the poor if this occurred before the first tahallul (exiting the state of ihram). His ritual also becomes invalid, and he is obligated to make it up. For example, if he had intercourse with his wife on the night of Muzdalifah, he would have had intercourse with her before the first tahallul. In that case, his Hajj becomes invalid, and he is obligated to continue with it until he completes it. He is also obligated to perform it again next year, and he is obligated to slaughter a camel, slaughter it, and distribute it to the poor of the Haram (the sacred precinct).
As for if he had intercourse with his wife during Hajj after the first tahallul and before the second tahallul, for example, if he had intercourse with her after stoning the pillars on the day of 'Id and after shaving or shortening his hair, then his Hajj does not become invalid. However, the jurists (may Allah have mercy on them) mentioned that his ihram becomes invalid, meaning what remains of it. He is then obligated to go out to the halal (non-sacred) area, enter ihram again, then perform the tawaf (circumambulation of the Ka'bah) of ifadah while in ihram, and perform the sa'y of Hajj. In this case, a camel is not obligatory for him; rather, he must either slaughter a sheep, or fast for three days, or feed six poor people, giving each person half a sa' (a dry measure of about 3 kg). This is because our jurists (may Allah have mercy on them) say that anything that obligates a sheep due to touching or intercourse, its ruling is like the expiation for harm (fidyah al-adh). That is, the one who committed the act is given the choice between fasting for three days, feeding six poor people, giving each person half a sa' (a dry measure of about 3 kg), or slaughtering a sheep and distributing it to the poor.
Then, our discussion here
The questioner : Yes.
The Shaykh : is in explaining what is obligatory for the one who commits the act. This does not mean that the matter is easy and light, in the sense that if he wishes, he does this thing and performs the expiation and makes up the missed act, and if he wishes, he does not do it. Rather, the matter is difficult and forbidden, and it is among the greatest, indeed it is among the great and major matters, where one dares to do what Allah has forbidden for him. For Allah says:[Al-Baqarah 2:197] On this occasion, I would like to point out an issue that some people think a person has a choice in, which is leaving an obligatory act and the expiation.
Some people think that because the scholars said that for leaving an obligatory act, a blood sacrifice is required, that a person has the choice between performing that obligatory act and slaughtering the blood sacrifice and distributing it to the poor. For example, some people say, "If it is the day of 'Id, I will perform tawaf and sa'y and travel to my country, and it will remain upon me to stay overnight in Mina and stone the pillars, and these are two of the obligatory acts of Hajj. So I issue a fatwa for each of them as slaughtering a sheep." They think that a person has the choice between performing the obligatory act and the expiation that is required for it. But that is not the case. However, if the leaving of the obligatory act occurs and comes from a person, then at that time the expiation serves as an expiation for him, along with repentance and seeking forgiveness. Yes.
The questioner : May Allah bless you.
The Shaykh : If a man has intercourse with his wife while in a state of ihram, he is either in ihram for 'Umrah or in ihram for Hajj. If he is in ihram for 'Umrah, then according to what the scholars have mentioned, he must either slaughter a sheep and give it in charity to the poor, or feed six poor people, giving each person half a sa' (a dry measure of about 3 kg), or fast for three days. He has the choice among these options. However, if he had intercourse with his wife before completing the sa'y (walking between al-Safa and al-Marwah) of the 'Umrah, then his 'Umrah becomes invalid, and he must make it up, because it was performed in a defective state. As for if the intercourse, or if he had intercourse with his wife during Hajj, then he must slaughter a camel and give it in charity to the poor if this occurred before the first tahallul (exiting the state of ihram). His ritual also becomes invalid, and he is obligated to make it up. For example, if he had intercourse with his wife on the night of Muzdalifah, he would have had intercourse with her before the first tahallul. In that case, his Hajj becomes invalid, and he is obligated to continue with it until he completes it. He is also obligated to perform it again next year, and he is obligated to slaughter a camel, slaughter it, and distribute it to the poor of the Haram (the sacred precinct).
As for if he had intercourse with his wife during Hajj after the first tahallul and before the second tahallul, for example, if he had intercourse with her after stoning the pillars on the day of 'Id and after shaving or shortening his hair, then his Hajj does not become invalid. However, the jurists (may Allah have mercy on them) mentioned that his ihram becomes invalid, meaning what remains of it. He is then obligated to go out to the halal (non-sacred) area, enter ihram again, then perform the tawaf (circumambulation of the Ka'bah) of ifadah while in ihram, and perform the sa'y of Hajj. In this case, a camel is not obligatory for him; rather, he must either slaughter a sheep, or fast for three days, or feed six poor people, giving each person half a sa' (a dry measure of about 3 kg). This is because our jurists (may Allah have mercy on them) say that anything that obligates a sheep due to touching or intercourse, its ruling is like the expiation for harm (fidyah al-adh). That is, the one who committed the act is given the choice between fasting for three days, feeding six poor people, giving each person half a sa' (a dry measure of about 3 kg), or slaughtering a sheep and distributing it to the poor.
Then, our discussion here
The questioner : Yes.
The Shaykh : is in explaining what is obligatory for the one who commits the act. This does not mean that the matter is easy and light, in the sense that if he wishes, he does this thing and performs the expiation and makes up the missed act, and if he wishes, he does not do it. Rather, the matter is difficult and forbidden, and it is among the greatest, indeed it is among the great and major matters, where one dares to do what Allah has forbidden for him. For Allah says:
so whoever has made Hajj obligatory upon himself therein [by entering the state of ihram], there is [to be for him] no sexual relations and no disobedience and no disputing during Hajj
فمن فرض فيهن الحج فلا رفث ولا فسوق ولا جدال في الحجSome people think that because the scholars said that for leaving an obligatory act, a blood sacrifice is required, that a person has the choice between performing that obligatory act and slaughtering the blood sacrifice and distributing it to the poor. For example, some people say, "If it is the day of 'Id, I will perform tawaf and sa'y and travel to my country, and it will remain upon me to stay overnight in Mina and stone the pillars, and these are two of the obligatory acts of Hajj. So I issue a fatwa for each of them as slaughtering a sheep." They think that a person has the choice between performing the obligatory act and the expiation that is required for it. But that is not the case. However, if the leaving of the obligatory act occurs and comes from a person, then at that time the expiation serves as an expiation for him, along with repentance and seeking forgiveness. Yes.
The questioner : May Allah bless you.