The ruling on one who has intercourse with his wife while in ihram, and she entered ihram from al-Tan'eem
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Question:
A woman came from Syria, and she was in the last days of her menstruation. When she reached the miqat, she took a bath and entered ihram from the miqat. When she arrived in Makkah, she saw blood again and thought that her ihram was invalid and that she had to enter ihram again, out of her ignorance of the ruling. Then, after she became pure, intercourse took place with her husband before she performed the 'Umrah. Then she went to al-Tan'eem, entered ihram from there, performed tawaf and sa'y, and shortened her hair. What is required of her, given that she is ignorant of the rulings?
Answer:
In the name of Allah, the Most Gracious, the Most Merciful. Menstruation does not invalidate ihram; she remains in her ihram even if she is menstruating. When she becomes pure and takes a bath, she performs the 'Umrah. The fact that this woman imagined that menstruation invalidated her ihram does not invalidate the ihram; she is still in a state of ihram. And the fact that her husband had intercourse with her after she took a bath is a mistake, because he had intercourse with her while she was in ihram? Intercourse is not permissible in the state of ihram. This is a mistake, and this intercourse invalidated her 'Umrah.
So it is obligatory for her that she proceeded with it, performed tawaf, sa'y, and shortened her hair, and it was defective. Then she must exit the state of ihram, then go to the miqat from which she first entered ihram, and enter ihram for a new 'Umrah to make up for the defective 'Umrah. Then she performs a valid 'Umrah. Then she slaughters a sheep as expiation for the intercourse.
So it is obligatory for her to do three things. First, to proceed with her first 'Umrah and complete it, even though it was defective. Then she goes to the miqat from which she first entered ihram and enters ihram for a new 'Umrah in place of the 'Umrah that was invalidated by the intercourse, then she performs it and slaughters a sheep as expiation for the intercourse in Makkah, and distributes it to the poor of the Haram. If she is unable to slaughter the sheep due to her poverty or her inability to buy a sheep, then she fasts ten days instead of the slaughter. Yes, but she says that she went to al-Tan'eem and entered ihram, meaning for a second 'Umrah to correct the first one.
Her entering ihram from al-Tan'eem is a mistake, because it is obligatory that she went to the miqat. However, the fact that she entered ihram from al-Tan'eem obligates a second fidyah; it obligates a second fidyah because she left off entering ihram from the miqat from which she first entered ihram. So she has a fidyah for leaving off entering ihram from the miqat, and a fidyah for the intercourse: two fidyahs. If she is unable to do so, she fasts ten days for each fidyah, so she has to fast twenty days for the two fidyahs?
A woman came from Syria, and she was in the last days of her menstruation. When she reached the miqat, she took a bath and entered ihram from the miqat. When she arrived in Makkah, she saw blood again and thought that her ihram was invalid and that she had to enter ihram again, out of her ignorance of the ruling. Then, after she became pure, intercourse took place with her husband before she performed the 'Umrah. Then she went to al-Tan'eem, entered ihram from there, performed tawaf and sa'y, and shortened her hair. What is required of her, given that she is ignorant of the rulings?
Answer:
In the name of Allah, the Most Gracious, the Most Merciful. Menstruation does not invalidate ihram; she remains in her ihram even if she is menstruating. When she becomes pure and takes a bath, she performs the 'Umrah. The fact that this woman imagined that menstruation invalidated her ihram does not invalidate the ihram; she is still in a state of ihram. And the fact that her husband had intercourse with her after she took a bath is a mistake, because he had intercourse with her while she was in ihram? Intercourse is not permissible in the state of ihram. This is a mistake, and this intercourse invalidated her 'Umrah.
So it is obligatory for her that she proceeded with it, performed tawaf, sa'y, and shortened her hair, and it was defective. Then she must exit the state of ihram, then go to the miqat from which she first entered ihram, and enter ihram for a new 'Umrah to make up for the defective 'Umrah. Then she performs a valid 'Umrah. Then she slaughters a sheep as expiation for the intercourse.
So it is obligatory for her to do three things. First, to proceed with her first 'Umrah and complete it, even though it was defective. Then she goes to the miqat from which she first entered ihram and enters ihram for a new 'Umrah in place of the 'Umrah that was invalidated by the intercourse, then she performs it and slaughters a sheep as expiation for the intercourse in Makkah, and distributes it to the poor of the Haram. If she is unable to slaughter the sheep due to her poverty or her inability to buy a sheep, then she fasts ten days instead of the slaughter. Yes, but she says that she went to al-Tan'eem and entered ihram, meaning for a second 'Umrah to correct the first one.
Her entering ihram from al-Tan'eem is a mistake, because it is obligatory that she went to the miqat. However, the fact that she entered ihram from al-Tan'eem obligates a second fidyah; it obligates a second fidyah because she left off entering ihram from the miqat from which she first entered ihram. So she has a fidyah for leaving off entering ihram from the miqat, and a fidyah for the intercourse: two fidyahs. If she is unable to do so, she fasts ten days for each fidyah, so she has to fast twenty days for the two fidyahs?
Source
قناة «العلامة الدكتور صالح الفوزان»، ما حكم امرأة قدمت للعمرة وهي في آخر أيام الحيض وعندما وصلت إلى الميقات اغتسلت وأحرمت...؟ — youtube.com
The Arabic text is a machine transcription of the audio recording.