The Ruling on Intercourse Before Entering Ihram, Missing the Hajj, and the Invalidity of the Wife’s Hajj
Machine translationRead the Arabic original
The questioner:
Honorable Shaykh, he says: I went to perform 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 without the ihram and its clothing. When we arrived in Jeddah, we stayed for two days, and intercourse occurred during that period. Then we returned to enter the rites and renew the intention, especially since my wife’s Hajj had become invalid. However, she started menstruating while we were in Jeddah. Then I left her with her relatives in Ta’if, and I went alone to perform the remaining days of Hajj. My wife has not performed Hajj to this day. What is required of us, Honorable Shaykh? May Allah reward you with good.
The Shaykh:
Regarding the confusion, regarding the confusion. How did you ask when the need arose? The size of the question. The Hajj was missed. My daughter’s wife entered ihram for Hajj; it is the wife. The wife is feeding [the poor]. So insist on feeding her and that she is in the rank of Hajj. Is feeding in Hajj beneficial?
The questioner:
Yes.
The Shaykh:
It means that you did well, so she is required to make it up. Now she performs 'Umrah. Now she goes to Makkah and performs 'Umrah. When Hajj comes next year, she makes up the Hajj that she invalidated. She enters ihram from the miqat from which she entered ihram last year, and she performs the Hajj that she invalidated. And she has a fidyah (ransom payment); she slaughters a fidyah of a camel or a cow and distributes it. As for you, you entered ihram from Jeddah, so the correct view is that it is permissible, but it is required to return to the miqat. It is not required for him to pass the miqat, yes.
The presenter:
May Allah reward you
Honorable Shaykh, he says: I went to perform 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 without the ihram and its clothing. When we arrived in Jeddah, we stayed for two days, and intercourse occurred during that period. Then we returned to enter the rites and renew the intention, especially since my wife’s Hajj had become invalid. However, she started menstruating while we were in Jeddah. Then I left her with her relatives in Ta’if, and I went alone to perform the remaining days of Hajj. My wife has not performed Hajj to this day. What is required of us, Honorable Shaykh? May Allah reward you with good.
The Shaykh:
Regarding the confusion, regarding the confusion. How did you ask when the need arose? The size of the question. The Hajj was missed. My daughter’s wife entered ihram for Hajj; it is the wife. The wife is feeding [the poor]. So insist on feeding her and that she is in the rank of Hajj. Is feeding in Hajj beneficial?
The questioner:
Yes.
The Shaykh:
It means that you did well, so she is required to make it up. Now she performs 'Umrah. Now she goes to Makkah and performs 'Umrah. When Hajj comes next year, she makes up the Hajj that she invalidated. She enters ihram from the miqat from which she entered ihram last year, and she performs the Hajj that she invalidated. And she has a fidyah (ransom payment); she slaughters a fidyah of a camel or a cow and distributes it. As for you, you entered ihram from Jeddah, so the correct view is that it is permissible, but it is required to return to the miqat. It is not required for him to pass the miqat, yes.
The presenter:
May Allah reward you
Source
شرح الكافية الشافية في الانتصار للفرقة الناجية [ القصيدة النونية ] [ صالح الفوزان ]، فصل : في تعين الهجرة من الآراء والبدع إلى سنته كما كانت فرضا من الأمصار إلى بلدته - عليه الصلاة والسلام - — islamhouse.com (1:13:22)
The Arabic text is a machine transcription of the audio recording.