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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The ruling on renewing the marriage contract after intercourse with a menstruating woman during the tawaf of farewell

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Question:
The questioner says: A woman performed Hajj while ignorant of the rulings. She performed the tawaf of farewell while menstruating. After that, she married me, and five years have passed since our marriage, during which she bore me two sons. Is our contract valid?

Answer:
Renewing it is more cautious; renewing it is more cautious. Otherwise, the prohibited act is only the intercourse. However, if you renew it, it will be more cautious, if Allah wills. He says: You kissed your wife. Her wali (guardian), her father or her brother, who is her wali, should be present, along with two witnesses and a mahr (bridal gift), even if it is small. This will be more cautious. Otherwise, there is nothing indicating that renewing it is obligatory, because the prohibited act, of which there is no doubt, is the intercourse with the woman before she performed the tawaf of farewell. As for touching her, or merely the contract, or something similar, that was resolved by the stoning of the pillars and the shortening of the hair. Yes.
Source قناة «فضيلة الشيخ ابن باز Alsheikh Binbaz»، 27 ما حكم من طافت للإفاضة وهي حائض جاهلة بالحكم، وقد مضى على ذلك سنوات، وقد تزوجت بعد هذا الحج... — youtube.com

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

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