The Ruling on Intimacy and Kissing for the Fasting Person and the One in Ihram

The questioner:
The pilgrim is not permitted to do that. The pilgrim is in the state of ihram.

The Shaykh:
The one in ihram, no, the one in ihram is not permitted to have intimacy, yes, not in 'Umrah and not in Hajj.

The questioner:
If he has intimacy and does not ejaculate, is there a fidyah?

The Shaykh:
There is a difference of opinion; some hold that he owes the fidyah of harm: feeding six poor people, or slaughtering a sheep, or fasting for three days, if he has intimacy with his wife. Yes.

The questioner:
O Shaykh, distinguish the ruling on kissing for the fasting person between a young man and an elderly man.

The Shaykh:
Rather, it was reported in a weak hadith, and the correct view is that there is no harm.

The questioner:
Do not claim that.

The Shaykh:
Both are permissible, unless he fears something. Yes. That he ejaculates, in which case he owes something. Yes, the fidyah of harm; he owes the fidyah of harm if he kisses while in ihram. Look, the confirmation is upon you. This is intimacy, this is intimacy that leads to the congregation. Because the scholars mentioned the prohibition of women for them absolutely in ihram, because it leads to something. Yes.

The reader:
Tell me.

The questioner:
If he does not ejaculate, he owes the fidyah of harm, and if he ejaculates.

The Shaykh:
A sacrificial animal, a sacrificial animal, it is known from the fatwas of some of the Companions, if he did not have intercourse.

The questioner:
Meaning in both cases, O Shaykh?

The Shaykh:
Some hold that before the first exit from ihram, it is a camel, but that is weak. The sheep is sufficient, and Allah knows best, if Allah wills.

The questioner:
But merely kissing him, O Shaykh, while he is in ihram, whether he ejaculates or not.

The Shaykh:
It is not permissible for him to have intimacy with women absolutely.

The questioner:
But the fidyah is obligatory upon him, O Shaykh.

The Shaykh:
The closest view in this is the fidyah of harm: feeding six poor people, or fasting for three days, or slaughtering a sheep. Ah, ah.

The questioner:
When he ejaculates, the sheep is specified.

The Shaykh:
A sheep.

The questioner:
It must be specified.

The Shaykh:
According to what some of the Companions (may Allah be pleased with them and grant them satisfaction) issued as a fatwa. Yes.

The reader:
Al-Hajjaj ibn al-Hajjaj and Zuhayr ibn Harb narrated to me, and they said: Sufyan narrated to us, from Mansur, from Ibrahim, from Alqamah, from A'ishah.

The Shaykh:
Before the first exit from ihram. Yes.

The questioner:
As for after the exit from ihram.

The Shaykh:
No, there is nothing after the recitation. After the exit from ihram, there is nothing, but he should avoid what might lead him to intercourse. Yes.

The reader:
I am A'ishah.

The questioner:
Marriage after the first exit from ihram.

The Shaykh:
I do not know of anything that prevents it; I say I do not know of anything that prevents it, and although some scholars prevent it, I do not know of a remedy after the first exit from ihram that prevents the marriage contract, or intimacy other than the private parts. Yes.

The questioner:
We will look at the statement of some that when he exits the first exit from ihram, everything is permissible for him except marriage; this includes the marriage contract, which is permissible.

The Shaykh:
No, the intended meaning of marriage is only intercourse; this is the intended meaning when marriage is mentioned generally, meaning except intercourse, like the saying of the Prophet meaning except intercourse.

The questioner:
Professor, may Allah reward you, does this generalization include the marriage contract and that it is among the permissible things?

The Shaykh:
Yes, marriage is only intercourse.

The questioner:
Yes, it means the marriage contract is included.

The Shaykh:
This is the closest view, and Allah knows best; this is the closest view. Ah, ah.

The reader:
It was narrated from Aisha (may Allah be pleased with her) that the Messenger of Allah (peace and blessings be upon him) And Muhammad ibn al-Muthanna and Ibn Bashar narrated to us, saying: Muhammad ibn Ja'far narrated to us, from Shu'bah, from Mansur, from Ibrahim, from Alqamah, from Aisha (may Allah be pleased with her) that the Messenger of Allah (peace and blessings be upon him) And Muhammad ibn al-Muthanna narrated to us, from Abu 'Aasim, who said: I heard Ibn A'un, from Ibrahim, from al-Aswad, who said: I and Masruq went to Aisha (may Allah be pleased with her) and we said to her: Did the Messenger of Allah (peace and blessings be upon him) Abu 'Aasim was uncertain. And Ya'qub al-Duqir narrated to me, from Isma'il, from Ibn A'un, from Ibrahim, from al-Aswad and Masruq, that they entered upon the Mother of the Believers asking her, and he mentioned something similar. Abu Bakr ibn Abi Shaybah narrated to us, from al-Hasan ibn Musa, from Shayban, from Yahya ibn Abi Kathir, from Abu Salmah, that 'Umar ibn 'Abd al-'Aziz informed him that 'Urwah ibn al-Zubayr informed him that Aisha, the Mother of the Believers (may Allah be pleased with her), informed him that the Messenger of Allah (peace and blessings be upon him) used to kiss her while he was fasting. And Yahya ibn Bishr al-Hariri narrated to us, from Mu'awiyah, meaning ibn Salam, from Yahya ibn Abi Kathir, with this chain, similarly. Yahya ibn Yahya, Qutaybah ibn Sa'id, and Abu Bakr ibn Abi Shaybah narrated to us; Yahya said: Abu al-Ahwaz informed us. And the other two said: Abu al-Ahwaz narrated to us, from Ziyad ibn 'Ilaqah, from 'Amr ibn Maimun, from Aisha (may Allah be pleased with her), who said: The Messenger of Allah (peace and blessings be upon him) used to kiss during the month of fasting. And Muhammad ibn Hatim narrated to me, from Hazm ibn Asad, from Abu Bakr al-Nahshali, from Ziyad ibn 'Ilaqah, from 'Amr ibn Maimun, from Aisha (may Allah be pleased with her), who said: The Messenger of Allah And Muhammad ibn Bashar narrated to us, from 'Abd al-Rahman, from Sufyan, from Abu al-Zinad, from 'Ali ibn al-Husayn, from Aisha (may Allah be pleased with her), that the Prophet (peace and blessings be upon him) Yahya informed us. And the other said: Abu Mu'awiyah narrated to us, from al-A'mash, from Muslim, from Shatir ibn Shakal, from Hafsa (may Allah be pleased with her), who said: The Messenger of Allah (peace and blessings be upon him) used to kiss while he was fasting. We pray. And Abu al-Rabi' al-Zuhri narrated to us, from Abu 'Awanah, from Hawn. And Abu Bakr ibn Abi Shaybah and Ishaq ibn Ibrahim narrated to us, from Jarir, both from Mansur, from Muslim, from Shatir ibn Shakal, from Hafsa (may Allah be pleased with her), from the Prophet (peace and blessings be upon him), similarly. Harun ibn Sa'id al-A'ili narrated to me, from Ibn Wahb, who said: 'Amr, who is Ibn al-Harith, informed me, from 'Abd Rabbih ibn Sa'id, from 'Abdullah ibn Ka'b al-Himari, from 'Umar ibn Abi Salmah, that he asked the Messenger of Allah (peace and blessings be upon him): Does a fasting person kiss? So the Messenger of Allah (peace and blessings be upon him) said to him: Ask this Umm Salmah. So she informed him that the Messenger of Allah (peace and blessings be upon him) does that. So he said: O Messenger of Allah, Allah has forgiven you . So the Messenger of Allah (peace and blessings be upon him) said to him: By Allah, I am the most mindful of Allah among you and the most fearful of Him, (peace and blessings be upon him). And Muhammad ibn Hatim narrated to us, from Yahya ibn Sa'id, from Ibn Jurayj. And Muhammad ibn Rafi' narrated to us, and the wording is his, from 'Abd al-Razzaq ibn Hammam, who said: Ibn Jurayj informed us, who said: 'Abd al-Malik ibn Abi Bakr ibn 'Abd al-Rahman informed me, from Abu Bakr, who said: I heard Abu Hurayrah narrating, saying in his narration: Whoever is caught by the dawn in a state of major ritual impurity, let him not...

The Shaykh:
May Allah, pray. Yes. Yes. What is with you? Ha? Yes. It is said he left it or not. Look. Allah knows best; it appears to me that only intercourse is forbidden. Yes. Yes.