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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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A woman who did not complete her 'Umrah and her husband had intercourse with her

Machine translationRead the Arabic original
The questioner:
The questioner says: A woman went with her husband to perform 'Umrah. When they reached the Haram, they found a crowd, so the man performed 'Umrah and left his wife with their children, fearing for them in the crowd. The woman did not perform 'Umrah. Then they went to their city, knowing that the husband had intercourse with the woman. What is the ruling in this matter?

The Shaykh:
This is the result of not asking. If they had asked the scholars, they would have found the solution. The woman is still in the state of ihram, and she is in her country avoiding the prohibitions of ihram. She should return and perform the 'Umrah. If intercourse took place, the 'Umrah is defective, but she should proceed with it and complete it. Then she should go with her husband to the miqat from which she first entered ihram, and enter ihram from there for a new 'Umrah to make up for the defective 'Umrah. She should slaughter a sheep in Makkah and distribute it to the poor. If they had asked from the beginning, they would have been spared these problems. But the affliction is that they act on their own opinion and do not ask. Yes.

The presenter:
May Allah reward you.

The Shaykh:
Allah (Exalted and Majestic is He) says:
And complete the Hajj and 'umrah for Allahوَأَتِمُّوا الْحَجَّ وَالْعُمْرَةَ لِلَّهِ
[Al-Baqarah 2:196]
One must complete it, and it is not permissible to exit the state of ihram except in the case of being prevented (ihṣār) from the House by an enemy or something that prevents him, in which case he exits the state of ihram and slaughters a sheep. As for merely finding difficulty, since the difficulty is not permanent, he waits until it is removed; the crowd will disperse at the end of the night or in the middle of the night.

The presenter:
May Allah reward you.
Source شرح كتاب التوحيد [ صالح الفوزان ]، باب ما جاء في النشرة — islamhouse.com (47:33)

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

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