I and my wife performed the 'Umrah, then I shaved my hair after completing the 'Umrah, but my wife did not shorten her hair because there was no scissors, and she informed me of this after we left Makkah.
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The questioner : He says:The questioner : I and my wife performed the 'Umrah, then I shaved my hair after completing the 'Umrah, but my wife did not shorten her hair because there was no scissors, and she informed me of this after we left Makkah. After a period of time, I had intercourse with her out of my forgetfulness and her ignorance of the Shari'ah. What is the ruling in this matter? And if she has not shortened her hair until now, what should be done?
The Shaykh : It is obligatory for her to hasten, from the moment she was reminded that she had not shortened her hair, to shorten her hair. It is not permissible for her to be negligent in this serious matter. As for the intercourse that occurred between you, since it was due to ignorance or forgetfulness, it does not affect the ritual in any way. This is because we have an important rule that students of knowledge should understand, which is that committing a prohibited act out of forgetfulness or ignorance has no effect. All prohibitions: the prohibitions of ihram, the prohibitions of fasting, the prohibitions of prayer—if they occur out of ignorance or forgetfulness, they have no effect. For example, if a person speaks during his prayer thinking that speech does not invalidate the prayer, is his prayer valid or invalid?
The student: Valid.
The Shaykh : Valid, because he committed the prohibited act while ignorant. If a person gets cupping while fasting, thinking that cupping does not break the fast, his fast is valid. If a man has intercourse with his wife while fasting, thinking that the prohibited act is intercourse with emission, not intercourse without emission, his fast is valid, because some people think this. In fact, some people have told me that they used to have intercourse with their wives and did not perform the full ritual bath, based on the idea that the full ritual bath is only obligatory with intercourse with emission, and that intercourse without emission is nothing! And that it is like a kiss. There is no doubt that this is great ignorance, and a Muslim should not be ignorant of such a matter. But if it occurs out of ignorance, it has no ruling. Therefore, we must be aware that the full ritual bath is obligatory due to one of two things: either emission or intercourse, even without emission. If intercourse and emission occur, is the full ritual bath obligatory?
The student: Yes.
The Shaykh : All the more so. In any case, young people who have recently married should pay attention to this issue. As for someone who says that after seven years or something similar, he was always having intercourse with his wife but without emission, and neither the husband nor the wife performed the full ritual bath, this is a great error. Whenever intercourse occurs, even without emission, the full ritual bath is obligatory, due to the saying of the Prophet (peace and blessings be upon him)Mishkat al-Masabih 430.
The Shaykh : It is obligatory for her to hasten, from the moment she was reminded that she had not shortened her hair, to shorten her hair. It is not permissible for her to be negligent in this serious matter. As for the intercourse that occurred between you, since it was due to ignorance or forgetfulness, it does not affect the ritual in any way. This is because we have an important rule that students of knowledge should understand, which is that committing a prohibited act out of forgetfulness or ignorance has no effect. All prohibitions: the prohibitions of ihram, the prohibitions of fasting, the prohibitions of prayer—if they occur out of ignorance or forgetfulness, they have no effect. For example, if a person speaks during his prayer thinking that speech does not invalidate the prayer, is his prayer valid or invalid?
The student: Valid.
The Shaykh : Valid, because he committed the prohibited act while ignorant. If a person gets cupping while fasting, thinking that cupping does not break the fast, his fast is valid. If a man has intercourse with his wife while fasting, thinking that the prohibited act is intercourse with emission, not intercourse without emission, his fast is valid, because some people think this. In fact, some people have told me that they used to have intercourse with their wives and did not perform the full ritual bath, based on the idea that the full ritual bath is only obligatory with intercourse with emission, and that intercourse without emission is nothing! And that it is like a kiss. There is no doubt that this is great ignorance, and a Muslim should not be ignorant of such a matter. But if it occurs out of ignorance, it has no ruling. Therefore, we must be aware that the full ritual bath is obligatory due to one of two things: either emission or intercourse, even without emission. If intercourse and emission occur, is the full ritual bath obligatory?
The student: Yes.
The Shaykh : All the more so. In any case, young people who have recently married should pay attention to this issue. As for someone who says that after seven years or something similar, he was always having intercourse with his wife but without emission, and neither the husband nor the wife performed the full ritual bath, this is a great error. Whenever intercourse occurs, even without emission, the full ritual bath is obligatory, due to the saying of the Prophet (peace and blessings be upon him)