Does sexual intercourse during Hajj invalidate the Hajj?
Machine translationRead the Arabic original
The questioner : I have some questions, is that possible?
The Shaykh : Briefly.
The questioner : If Allah wills.
The Shaykh : Some of them relate to Hajj, and some to issues of the principles of jurisprudence, if time permits. The first question: It is known that it is not permissible for anyone to invalidate the worship of any Muslim except with evidence from the Book and the authentic Sunnah. Yet we find many of the noble scholars invalidating the Hajj of one who has intercourse with his wife during Hajj, knowing that the report regarding this is a weak hadith in the marasil of Abu Dawud. We ask you, may Allah reward you, to inform us about this.The Shaykh : Al-Shawkani (may Allah have mercy on him) mentioned this issue without preferring one opinion!
The Shaykh : Without preferring one opinion?
The questioner : Preferring one opinion.
The Shaykh : Ah, in fact, there is no explicit text on this matter.
The questioner: Yes.
The Shaykh : And therefore, caution is required in this matter.
The questioner: Yes.
The Shaykh : And adopting the opinion of the majority of scholars when there is no explicit text that resolves the disagreement and dispute.
The questioner: Yes.
The Shaykh : So the rule is like his saying (peace and blessings be upon him)Sunan an-Nasa'i 5711Sahih (Darussalam) There is nothing in this issue except the well-known verse [Al-Baqarah 2:197] And I think Al-Shawkani dwelt on this specific verse and that it is not a text for invalidation, because it says [Al-Baqarah 2:197] and no scholar says that arguing invalidates the Hajj. So here there are only reports from some of the Salaf, which in fact one must stop at. The one who looked into it and found it, even if it is authentic, but this is when there is a text that contradicts the fatwa.
The questioner: Yes.
The Shaykh : Meaning, if we have a text that this does not invalidate the Hajj, then we say it does not invalidate the Hajj with such a text?
The questioner : Yes.
The Shaykh : And even if the majority is contrary to it. But when the issue is like this one, where there is no text, negative or positive, and there are reports from some of the Salaf without a famous and known disagreement, then in this case one stops at them out of caution. Personally, I do not dare to say it invalidates the Hajj, but out of caution, I say what is required of caution by others.
Another questioner : Out of caution, what do you say?
The Shaykh : The Hajj is invalidated.
Another questioner : The Hajj is invalidated.
The Shaykh : Yes, how?
Another questioner : ... .
The Shaykh : By Allah, I do not remember exactly, but I know that this is the view of many of the people of 'Amman. Yes.
The Shaykh : Briefly.
The questioner : If Allah wills.
The Shaykh : Some of them relate to Hajj, and some to issues of the principles of jurisprudence, if time permits. The first question: It is known that it is not permissible for anyone to invalidate the worship of any Muslim except with evidence from the Book and the authentic Sunnah. Yet we find many of the noble scholars invalidating the Hajj of one who has intercourse with his wife during Hajj, knowing that the report regarding this is a weak hadith in the marasil of Abu Dawud. We ask you, may Allah reward you, to inform us about this.The Shaykh : Al-Shawkani (may Allah have mercy on him) mentioned this issue without preferring one opinion!
The Shaykh : Without preferring one opinion?
The questioner : Preferring one opinion.
The Shaykh : Ah, in fact, there is no explicit text on this matter.
The questioner: Yes.
The Shaykh : And therefore, caution is required in this matter.
The questioner: Yes.
The Shaykh : And adopting the opinion of the majority of scholars when there is no explicit text that resolves the disagreement and dispute.
The questioner: Yes.
The Shaykh : So the rule is like his saying (peace and blessings be upon him)
Leave that which makes you doubt for that which does not make you doubt.
دع ما يريبك إلى ما لا يريبكso 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
فمن فرض فيهن الحج فلا رفث و لا فسوق و لا جدال في الحجthere is [to be for him] no sexual relations and no disobedience and no disputing during Hajj
فلا رفث و لا فسوق و لا جدال في الحجThe questioner: Yes.
The Shaykh : Meaning, if we have a text that this does not invalidate the Hajj, then we say it does not invalidate the Hajj with such a text?
The questioner : Yes.
The Shaykh : And even if the majority is contrary to it. But when the issue is like this one, where there is no text, negative or positive, and there are reports from some of the Salaf without a famous and known disagreement, then in this case one stops at them out of caution. Personally, I do not dare to say it invalidates the Hajj, but out of caution, I say what is required of caution by others.
Another questioner : Out of caution, what do you say?
The Shaykh : The Hajj is invalidated.
Another questioner : The Hajj is invalidated.
The Shaykh : Yes, how?
Another questioner : ... .
The Shaykh : By Allah, I do not remember exactly, but I know that this is the view of many of the people of 'Amman. Yes.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.