The ruling on one who delays the intention of ihram and has intercourse with his wife before performing Hajj
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Question:
Honorable Shaykh, he says: I went to Hajj with my wife by plane on the sixth day of Dhul-Hijjah. When we passed the miqat, my wife intended to perform Hajj ifrad (alone). As for me, I delayed the intention to enter the rites of Hajj because I did not have the ihram garments, as I thought it was not permissible to enter the rites of Hajj without the ihram and its garments. When we arrived in Jeddah, we stayed for two days, and intercourse took place during that period. Then we returned to enter the rites of Hajj and renew the intention, especially since my wife’s Hajj had become invalid, but she was confused while we were in Jeddah. Then I left her with her relatives in Ta’if, and I went alone to perform the obligatory Hajj. My wife has not performed Hajj to this day. What is required of us, Honorable Shaykh? May Allah reward you with good.
Answer:
This manipulation, why did you ask when the need arose? Answer the question: since the Hajj has passed, your wife who entered ihram for Hajj—she is the one who is honored, she remains in her state of honor, and you invalidated her Hajj. She entered ihram for Hajj ifrad? Yes. This means you invalidated her Hajj, so she is required to proceed. Now she exits ihram with an ‘Umrah. Now she goes to Makkah and exits ihram with an ‘Umrah, meaning she is still in a state of ihram, so when Hajj comes next year, she performs Hajj.
She must make up the Hajj that you invalidated for her. She enters ihram from the miqat from which she entered ihram last year, and she performs the Hajj that you invalidated for her. She must also offer a camel or a cow as a sacrifice, which she slaughters and distributes among the poor of Egypt. As for you, you entered ihram from Jeddah, and your ihram is valid, but you must pay a fidyah (ransom payment) for passing the miqat. You slaughter it in Makkah and distribute it to the people in ihram.
The presenter:
May Allah reward you
Honorable Shaykh, he says: I went to Hajj with my wife by plane on the sixth day of Dhul-Hijjah. When we passed the miqat, my wife intended to perform Hajj ifrad (alone). As for me, I delayed the intention to enter the rites of Hajj because I did not have the ihram garments, as I thought it was not permissible to enter the rites of Hajj without the ihram and its garments. When we arrived in Jeddah, we stayed for two days, and intercourse took place during that period. Then we returned to enter the rites of Hajj and renew the intention, especially since my wife’s Hajj had become invalid, but she was confused while we were in Jeddah. Then I left her with her relatives in Ta’if, and I went alone to perform the obligatory Hajj. My wife has not performed Hajj to this day. What is required of us, Honorable Shaykh? May Allah reward you with good.
Answer:
This manipulation, why did you ask when the need arose? Answer the question: since the Hajj has passed, your wife who entered ihram for Hajj—she is the one who is honored, she remains in her state of honor, and you invalidated her Hajj. She entered ihram for Hajj ifrad? Yes. This means you invalidated her Hajj, so she is required to proceed. Now she exits ihram with an ‘Umrah. Now she goes to Makkah and exits ihram with an ‘Umrah, meaning she is still in a state of ihram, so when Hajj comes next year, she performs Hajj.
She must make up the Hajj that you invalidated for her. She enters ihram from the miqat from which she entered ihram last year, and she performs the Hajj that you invalidated for her. She must also offer a camel or a cow as a sacrifice, which she slaughters and distributes among the poor of Egypt. As for you, you entered ihram from Jeddah, and your ihram is valid, but you must pay a fidyah (ransom payment) for passing the miqat. You slaughter it in Makkah and distribute it to the people in ihram.
The presenter:
May Allah reward you
Source
شرح نونية ابن القيم [51] — alfawzan.live (1:25:21)
The Arabic text is a machine transcription of the audio recording.