The ruling on having intercourse with one's wife during Hajj before the first exit from the state of ihram
Machine translationRead the Arabic original
The questioner:
I had intercourse with my wife while I was in the state of ihram for Hajj, and this was before the first exit from the state of ihram. What is the ruling on this?
The Shaykh:
His Hajj is invalid, and he must continue until he completes his Hajj, and he must make it up by performing another Hajj in a different year, and he must repent to Allah (Mighty and Majestic) for his bad deed, and he must offer a camel to be slaughtered for the poor, or a fat camel from the sheep, or a cow. These are three matters: the first is that he continues in his Hajj until he completes it, even though it is invalid, because Allah said, “And complete the Hajj for Allah,” and the second is that he must make it up in the coming year with another Hajj, and the third is that he must offer a camel, a cow, or a camel from the sheep in place of it, along with repentance to Allah, with repentance and regret for the sin. As for his wife, if she was in a similar situation, if she was like him, then she has the same ruling if she entered the state of ihram like him before the first exit from ihram. We ask Allah for well-being.
And in the case of 'Umrah, if it was during 'Umrah, then the expiation is for the 'Umrah, and he continues in it until he completes it, and he must perform another 'Umrah from the miqat, entering the state of ihram for 'Umrah, and he must offer a sheep for the 'Umrah, not a camel, a sheep for the 'Umrah, and he must make it up in place of the invalid one, along with repentance to Allah (Glorified and Exalted is He). We ask Allah for well-being and safety.
The questioner:
During the drinking. I am just greeting my son.
The Shaykh:
Yes.
The questioner:
It is time to go out for the night.
The Shaykh:
He only has to offer a sheep, he only has to offer a sheep, and his Hajj is valid. If he exits the state of ihram for the first time, his Hajj is valid, and he has to offer a slaughtered sheep, along with repentance to Allah.
I had intercourse with my wife while I was in the state of ihram for Hajj, and this was before the first exit from the state of ihram. What is the ruling on this?
The Shaykh:
His Hajj is invalid, and he must continue until he completes his Hajj, and he must make it up by performing another Hajj in a different year, and he must repent to Allah (Mighty and Majestic) for his bad deed, and he must offer a camel to be slaughtered for the poor, or a fat camel from the sheep, or a cow. These are three matters: the first is that he continues in his Hajj until he completes it, even though it is invalid, because Allah said, “And complete the Hajj for Allah,” and the second is that he must make it up in the coming year with another Hajj, and the third is that he must offer a camel, a cow, or a camel from the sheep in place of it, along with repentance to Allah, with repentance and regret for the sin. As for his wife, if she was in a similar situation, if she was like him, then she has the same ruling if she entered the state of ihram like him before the first exit from ihram. We ask Allah for well-being.
And in the case of 'Umrah, if it was during 'Umrah, then the expiation is for the 'Umrah, and he continues in it until he completes it, and he must perform another 'Umrah from the miqat, entering the state of ihram for 'Umrah, and he must offer a sheep for the 'Umrah, not a camel, a sheep for the 'Umrah, and he must make it up in place of the invalid one, along with repentance to Allah (Glorified and Exalted is He). We ask Allah for well-being and safety.
The questioner:
During the drinking. I am just greeting my son.
The Shaykh:
Yes.
The questioner:
It is time to go out for the night.
The Shaykh:
He only has to offer a sheep, he only has to offer a sheep, and his Hajj is valid. If he exits the state of ihram for the first time, his Hajj is valid, and he has to offer a slaughtered sheep, along with repentance to Allah.
Source
فتاوى الحج 1410 هـ - 10 — archive.org (1:03:00)
The Arabic text is a machine transcription of the audio recording.