We heard that you were asked about a man who returned from his 'Umrah without shaving his head, either out of forgetfulness or ignorance, and then contracted a marriage, and you told him:
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The questioner : May Allah reward the honorableThe Shaykh : We heard that you were asked about a man who returned from his 'Umrah without shaving his head, either out of forgetfulness or ignorance, and then contracted a marriage. When you were asked, you said: "Redo the contract; the contract is invalid." Is this fatwa correct?
The Shaykh : This fatwa is not correct; this fatwa is not correct. However, one who performs Hajj, stons the pillars, shaves his head, performs tawaf, and performs sa'y has fully exited the state of ihram, and it is permissible for him to contract marriages. But if he stons the pillars, performs tawaf, and performs sa'y but does not shave his head, he has not exited the second state of ihram. In that case, if he contracts a marriage, his contract is not valid. This is the well-known position in the Hanbali school of jurisprudence: if one contracts a marriage before exiting the second state of ihram, the contract is not valid, so it must be redone. However, there is a view that holds it to be valid, stating that once one exits the first state of ihram, sexual intercourse with women is forbidden for him, but contracting a marriage is not. According to the school's position, we say it is obligatory for you to renew the contract. According to the second view, what is the ruling? It is not obligatory. So whoever renews the contract out of caution is doing what is best, and whoever does not renew it, I hope there is no harm in his marriage. Yes.
The Shaykh : This fatwa is not correct; this fatwa is not correct. However, one who performs Hajj, stons the pillars, shaves his head, performs tawaf, and performs sa'y has fully exited the state of ihram, and it is permissible for him to contract marriages. But if he stons the pillars, performs tawaf, and performs sa'y but does not shave his head, he has not exited the second state of ihram. In that case, if he contracts a marriage, his contract is not valid. This is the well-known position in the Hanbali school of jurisprudence: if one contracts a marriage before exiting the second state of ihram, the contract is not valid, so it must be redone. However, there is a view that holds it to be valid, stating that once one exits the first state of ihram, sexual intercourse with women is forbidden for him, but contracting a marriage is not. According to the school's position, we say it is obligatory for you to renew the contract. According to the second view, what is the ruling? It is not obligatory. So whoever renews the contract out of caution is doing what is best, and whoever does not renew it, I hope there is no harm in his marriage. Yes.
