The Response to Those Who Say That the Hajj of One Who Has Intercourse While Forgetting Is Invalid
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O Shaykh! Some of the scholars of knowledge hold: That the intercourse of a pilgrim who is in the state of ihram but is forgetting invalidates the Hajj,And they cited as evidence: That it is obligatory for him to perform the full ritual bath, whereas what is established is only the sin and the expiation. How do we respond to them?
We respond to these people who say: If a person has intercourse while fasting in Ramadan, or has intercourse while in the state of ihram, he owes an expiation, and the sin is dropped from him.We respond to them with two matters: There is a textual matter and a theoretical matter: As for the textual matter, we say: Allah the Exalted said in His Book: [al-Baqarah: 286] (So Allah the Exalted said: I have done it) And He the Exalted said: [al-Ahzab: 5] And this was not intentional.
And a practical application of this rule occurred: And it is the non-accountability for ignorance and forgetfulness.
The Companions (may Allah be pleased with them) broke their fast during the time of the Prophet (peace and blessings be upon him and his family) on a cloudy day, and then the sun appeared, and he did not order them to make it up; because they were ignorant, they thought that the sun had set.
And 'Adi ibn Hatim (may Allah be pleased with him) wanted to fast, so he placed two ropes under his pillow, which are the two ropes by which the hand of a camel is tied, one of them black and the other white, so he kept looking at them. When the white thread became distinct from the black thread, he abstained, and the Prophet (peace and blessings be upon him) did not order him to repeat it.
And Mu'awiyah ibn al-Hakam spoke during the prayer, and the Prophet (peace and blessings be upon him) did not order him to repeat it.
So the important thing is that we say: These proofs indicate that if a person does something forbidden while ignorant or forgetting, he owes nothing.
As for the theoretical proof by which we respond to them, we say: If the sin is dropped, then the expiation must be dropped; because the expiation is only for the avoidance of the punishment of this sin, so if there is no sin, there is no punishment.
And the generality of the pardon in the saying of Allah the Exalted: [al-Baqarah: 286] includes the pardon of the sin and the pardon of the expiation.
O Shaykh! Some of the scholars of knowledge hold: That the intercourse of a pilgrim who is in the state of ihram but is forgetting invalidates the Hajj,And they cited as evidence: That it is obligatory for him to perform the full ritual bath, whereas what is established is only the sin and the expiation. How do we respond to them?
We respond to these people who say: If a person has intercourse while fasting in Ramadan, or has intercourse while in the state of ihram, he owes an expiation, and the sin is dropped from him.We respond to them with two matters: There is a textual matter and a theoretical matter: As for the textual matter, we say: Allah the Exalted said in His Book:
Our Lord, do not impose blame upon us if we have forgotten or erred.
رَبَّنَا لا تُؤَاخِذْنَا إِنْ نَسِينَا أَوْ أَخْطَأْنَاAnd there is no blame upon you for that in which you have erred but [only for] what your hearts intended
وَلَيْسَ عَلَيْكُمْ جُنَاحٌ فِيمَا أَخْطَأْتُمْ بِهِ وَلَكِنْ مَا تَعَمَّدَتْ قُلُوبُكُمْAnd a practical application of this rule occurred: And it is the non-accountability for ignorance and forgetfulness.
The Companions (may Allah be pleased with them) broke their fast during the time of the Prophet (peace and blessings be upon him and his family) on a cloudy day, and then the sun appeared, and he did not order them to make it up; because they were ignorant, they thought that the sun had set.
And 'Adi ibn Hatim (may Allah be pleased with him) wanted to fast, so he placed two ropes under his pillow, which are the two ropes by which the hand of a camel is tied, one of them black and the other white, so he kept looking at them. When the white thread became distinct from the black thread, he abstained, and the Prophet (peace and blessings be upon him) did not order him to repeat it.
And Mu'awiyah ibn al-Hakam spoke during the prayer, and the Prophet (peace and blessings be upon him) did not order him to repeat it.
So the important thing is that we say: These proofs indicate that if a person does something forbidden while ignorant or forgetting, he owes nothing.
As for the theoretical proof by which we respond to them, we say: If the sin is dropped, then the expiation must be dropped; because the expiation is only for the avoidance of the punishment of this sin, so if there is no sin, there is no punishment.
And the generality of the pardon in the saying of Allah the Exalted: