Intercourse and its preliminaries
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And among the prohibitions: Intercourse and its preliminaries,because of the saying of Allah the Exalted: [al-Baqarah:197] Rafath: Intercourse and its preliminaries. Therefore, it is not permissible for a person in the state of ihram to have intercourse with his wife, or to touch her for the sake of desire, or to touch her with desire. Rather, he must avoid all of that. He must even avoid proposing marriage; it is not permissible for him to propose to a woman. Even the marriage contract is not lawful. All of this is to avoid intercourse, because intercourse is something to which the soul is inclined. If he were to contract a marriage, he might have intercourse. If he were to propose, he might contract a marriage and then have intercourse. Therefore, the Shari'ah has forbidden everything that serves as a means to intercourse. If he has intercourse before the first tahallul, five consequences follow: sin, the invalidity of the pilgrimage, the obligation to continue with it, the obligation to make it up in the coming year, and a hadi (sacrificial animal) that he must slaughter in Makkah and distribute to the poor. This is due to the gravity of intercourse.
Direct contact is also forbidden,Meaning: If his wife is with him and he kisses her or touches her, that is forbidden. If he ejaculates, it is more severe.
And among the prohibitions of ihram: The proposal (khitbah) — with a kasrah on the letter kha —Meaning: is when a man proposes to a woman from her father or her guardian.
And among the prohibitions of ihram: The marriage contract. If a person in the state of ihram contracts a marriage before he exits the state, sin and the invalidity of the contract follow. However, the pilgrimage is not invalidated; rather, the marriage contract is invalidated. When he exits the state of ihram, he must renew the marriage, because the marriage was defective.
so whoever has made Hajj obligatory upon himself therein [by entering the state of ihram], there is [to be for him] no sexual relations and no disobedience and no disputing during Hajj
فَمَنْ فَرَضَ فِيهِنَّ الْحَجَّ فَلا رَفَثَ وَلا فُسُوقَ وَلا جِدَالَ فِي الْحَجِّDirect contact is also forbidden,Meaning: If his wife is with him and he kisses her or touches her, that is forbidden. If he ejaculates, it is more severe.
And among the prohibitions of ihram: The proposal (khitbah) — with a kasrah on the letter kha —Meaning: is when a man proposes to a woman from her father or her guardian.
And among the prohibitions of ihram: The marriage contract. If a person in the state of ihram contracts a marriage before he exits the state, sin and the invalidity of the contract follow. However, the pilgrimage is not invalidated; rather, the marriage contract is invalidated. When he exits the state of ihram, he must renew the marriage, because the marriage was defective.
