I have committed a heinous crime and a great calamity in last year's Hajj, where Satan tempted me and I had intercourse with my wife in Mina, but
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The questioner : I have committed a heinous crime and a great calamity in last year's Hajj, where Satan tempted me and I had intercourse with my wife in Mina, but this happened at night. Some students of knowledge said that your Hajj is invalid, and this statement overwhelmed me. I got in my car and fled to my country, leaving my wife with her brother. I did not flee except out of fear of Allah, because I was remaining in His sacred precincts and I had disobeyed Him, and I have no Hajj. I ask for guidance and a way out. May Allah bring you out of darkness into light?
The Shaykh : The answer requires detail. If he had intercourse with her in Mina after the first exit from the state of ihram, for example, after the Day of Sacrifice, after he had stoned the pillars, shaved or cut his hair, and performed the tawaf and sa'y, then he owes nothing at all, because he has exited from the Hajj. However, if it was after the stoning and shaving but before the tawaf, meaning after the first exit from the state of ihram and before the second exit, then the Hajj is not invalid, but the state of ihram is invalid. He must go out to the nearest non-sacred area, enter the state of ihram again, and perform the tawaf of farewell while in the state of ihram.
The questioner : Yes.
The Shaykh : In addition to that, he must slaughter a sheep and distribute it among the poor.
The questioner : Yes.
The Shaykh : If the intercourse in Mina was before going to 'Arafah, it means he had intercourse before both the first and second exits from the state of ihram. This invalidates his Hajj. According to what the scholars said, he must continue with it. He must slaughter a camel and distribute it among the poor, and he must make up the Hajj next year. However, in this man's case, we do not know which of these situations applied to him, so we cannot judge his action or his going to his country. Yes.
The questioner : But if he went to his country before going out, for example, to 'Arafah, because, for example, he had intercourse on the eighth day while in the state of ihram, what is the ruling on his going to his country?
The Shaykh : His going is not permissible, and he must return. If he had asked at that time, before the Hajj ended, he would have been obligated to return to complete the invalid Hajj and then make it up the following year. But since the time has passed now, he must, according to the rules of the school of jurisprudence, continue with the Hajj this year to complete the first invalid Hajj, because he is still in the state of ihram.
The questioner : Yes.
The Shaykh : He is still in the state of ihram; he has not exited from it or exited via 'Umrah, because he missed the Hajj by missing the standing at 'Arafah. Then he makes up the Hajj this year; he makes up the invalid Hajj from which he exited via 'Umrah due to the missed standing.
The questioner : Yes.
The Shaykh : Yes.
The questioner : He makes it up, for example, by exiting via 'Umrah, going to Mecca with his state of ihram from his country.
The Shaykh : Yes, yes.
The questioner : He enters the state of ihram from his country and goes.
The Shaykh : He is in the state of ihram; now he is still in the state of ihram.
The questioner : He is still in the state of ihram.
The Shaykh : Yes.
The questioner : Okay, is he obligated to do something regarding wearing sewn clothes or shaving?
The Shaykh : He is not obligated, because he was ignorant.
The questioner : Ignorant.
The Shaykh : He is not obligated, because he was ignorant.
The questioner : Well done.
This is a message from one of the female listeners. She says she is from outside, not from the Kingdom. She indicated her name as A.M.M.M. She says in her message that for years, Allah the Exalted and Majestic has favored me before this, she says.
The Shaykh : The answer requires detail. If he had intercourse with her in Mina after the first exit from the state of ihram, for example, after the Day of Sacrifice, after he had stoned the pillars, shaved or cut his hair, and performed the tawaf and sa'y, then he owes nothing at all, because he has exited from the Hajj. However, if it was after the stoning and shaving but before the tawaf, meaning after the first exit from the state of ihram and before the second exit, then the Hajj is not invalid, but the state of ihram is invalid. He must go out to the nearest non-sacred area, enter the state of ihram again, and perform the tawaf of farewell while in the state of ihram.
The questioner : Yes.
The Shaykh : In addition to that, he must slaughter a sheep and distribute it among the poor.
The questioner : Yes.
The Shaykh : If the intercourse in Mina was before going to 'Arafah, it means he had intercourse before both the first and second exits from the state of ihram. This invalidates his Hajj. According to what the scholars said, he must continue with it. He must slaughter a camel and distribute it among the poor, and he must make up the Hajj next year. However, in this man's case, we do not know which of these situations applied to him, so we cannot judge his action or his going to his country. Yes.
The questioner : But if he went to his country before going out, for example, to 'Arafah, because, for example, he had intercourse on the eighth day while in the state of ihram, what is the ruling on his going to his country?
The Shaykh : His going is not permissible, and he must return. If he had asked at that time, before the Hajj ended, he would have been obligated to return to complete the invalid Hajj and then make it up the following year. But since the time has passed now, he must, according to the rules of the school of jurisprudence, continue with the Hajj this year to complete the first invalid Hajj, because he is still in the state of ihram.
The questioner : Yes.
The Shaykh : He is still in the state of ihram; he has not exited from it or exited via 'Umrah, because he missed the Hajj by missing the standing at 'Arafah. Then he makes up the Hajj this year; he makes up the invalid Hajj from which he exited via 'Umrah due to the missed standing.
The questioner : Yes.
The Shaykh : Yes.
The questioner : He makes it up, for example, by exiting via 'Umrah, going to Mecca with his state of ihram from his country.
The Shaykh : Yes, yes.
The questioner : He enters the state of ihram from his country and goes.
The Shaykh : He is in the state of ihram; now he is still in the state of ihram.
The questioner : He is still in the state of ihram.
The Shaykh : Yes.
The questioner : Okay, is he obligated to do something regarding wearing sewn clothes or shaving?
The Shaykh : He is not obligated, because he was ignorant.
The questioner : Ignorant.
The Shaykh : He is not obligated, because he was ignorant.
The questioner : Well done.
This is a message from one of the female listeners. She says she is from outside, not from the Kingdom. She indicated her name as A.M.M.M. She says in her message that for years, Allah the Exalted and Majestic has favored me before this, she says.