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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The ruling on intercourse with one's wife during 'Umrah while menstruating

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Question:
This questioner says: Your Eminence, the distinguished scholar Shaykh Salih al-Fawzan, may Allah preserve him, peace be upon you and Allah's mercy and blessings. I have a question. My wife and I performed 'Umrah several years ago. When we approached the Haram, my wife informed me that she was menstruating. I told her to perform the sa'y and postpone the tawaf for another time until she becomes pure. She performed the sa'y, praise be to Allah, but we returned before she became pure and completed the tawaf. Please note that intercourse took place. What is required of my wife and of me now? May you be rewarded.

Answer:
If a woman enters the state of ihram for Hajj and menstruation overtakes her, she does what the pilgrim does, except for the tawaf of the House, except for the tawaf of the House. As for 'Umrah, she does not complete any of it, because the first pillar of 'Umrah is the tawaf. She waits until the menstruation stops, she takes a bath, and then she performs the tawaf. The Messenger (peace and blessings be upon him) said to 'A'ishah when she menstruated while in the state of ihram:
So do what all the pilgrims do except that you do not perform the Tawaf round the Ka`ba till you are clean.افعلي ما يفعل الحاج غير أن لا تطوفي بالبيت حتى تطهري
Sahih al-Bukhari 305
. So the 'Umrah remains a debt upon her. And you had intercourse with her, so the 'Umrah became invalid. She must perform the 'Umrah, and it is invalid, so she performs it. Then, when she is finished with it, she goes to the miqat from which she entered the state of ihram for that 'Umrah, and she enters the state of ihram from there for a valid 'Umrah, for a valid 'Umrah. Then she goes to the House and performs the 'Umrah in a state of purity. She will also have a fidyah (ransom payment) due for the intercourse that occurred while she was in the state of ihram. Yes.
Source نور على الدرب - الفوزان - 03/102 — archive.org (9:25)

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

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