The Book of Hajj-08b
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The reciter: Zuhayr ibn Harb narrated to us, saying: Sufyan ibn 'Uyaynah narrated to us from 'Amr ibn Dinar, who said: Sahih Muslim 1234a.
The Shaykh : It seems he is saying that he remains in his state of ihram and does not go to his family, but it is said in the answer, if this is what Ibn 'Umar (may Allah be pleased with him) intended, that the Prophet (peace and blessings be upon him) ordered those who did not bring sacrificial animals to exit the state of ihram from the 'Umrah and go to their families. Do you have a statement regarding this, al-Nawawi?
The reciter: "Its meaning is that it is not permissible for him to do so, because the Prophet (peace and blessings be upon him) did not exit the state of ihram from his 'Umrah until he circumambulated and walked between al-Safa and al-Marwah, so it is obligatory to follow him and emulate him. And this ruling stated by Ibn 'Umar is the position of all the scholars, which is that the one performing 'Umrah does not exit the state of ihram except by circumambulation, walking between al-Safa and al-Marwah, and shaving the head, except for what al-Qadi 'Iyadh narrated from Ibn 'Abbas and Ishaq ibn Rahawayh, that he exits the state of ihram after circumambulation even if he has not walked between al-Safa and al-Marwah, and this is weak and contrary to the Sunnah".
The Shaykh : In any case: if he intends to have intercourse with his wife after circumambulation and walking between al-Safa and al-Marwah, this is forbidden without any doubt. But after circumambulation and walking between al-Safa and al-Marwah, the correct view is that he exits the state of ihram if he has not brought sacrificial animals. If what Ibn 'Umar (may Allah be pleased with him) intended was that he remains in his state of ihram as the Prophet (peace and blessings be upon him) remained, then it is said that the Prophet (peace and blessings be upon him) ordered those who did not bring sacrificial animals to exit the state of ihram. And if the intention is to have intercourse with his wife after circumambulation but before walking between al-Safa and al-Marwah, then there is no doubt that this is forbidden. Yes.
We asked Ibn Umar about a person who came for Umra and circumambulated the House, but he did not run between al-Safa' and al-Marwa, whether he is allowed to (put off Ihram) and have intercourse with his wife. He replied: Allah's Messenger (ﷺ) circumambulated the House seven times and offered two rak'ahs of prayer after staying (at 'Arafat), and ran between al-Safa and al-Marwa seven times." Verily there is in Allah's Messenger a model pattern for you"
سألنا ابن عمر عن رجل قدم بعمرة ، فطاف بالبيت ولم يطف بين الصفا والمروة ، أيأتي امرأته ؟ فقال : قدم رسول الله صلى الله عليه وسلم فطاف بالبيت سبعا ، وصلى خلف المقام ركعتين ، وبين الصفا والمروة سبعا ، وقد كان لكم في رسول الله أسوة حسنةThe Shaykh : It seems he is saying that he remains in his state of ihram and does not go to his family, but it is said in the answer, if this is what Ibn 'Umar (may Allah be pleased with him) intended, that the Prophet (peace and blessings be upon him) ordered those who did not bring sacrificial animals to exit the state of ihram from the 'Umrah and go to their families. Do you have a statement regarding this, al-Nawawi?
The reciter: "Its meaning is that it is not permissible for him to do so, because the Prophet (peace and blessings be upon him) did not exit the state of ihram from his 'Umrah until he circumambulated and walked between al-Safa and al-Marwah, so it is obligatory to follow him and emulate him. And this ruling stated by Ibn 'Umar is the position of all the scholars, which is that the one performing 'Umrah does not exit the state of ihram except by circumambulation, walking between al-Safa and al-Marwah, and shaving the head, except for what al-Qadi 'Iyadh narrated from Ibn 'Abbas and Ishaq ibn Rahawayh, that he exits the state of ihram after circumambulation even if he has not walked between al-Safa and al-Marwah, and this is weak and contrary to the Sunnah".
The Shaykh : In any case: if he intends to have intercourse with his wife after circumambulation and walking between al-Safa and al-Marwah, this is forbidden without any doubt. But after circumambulation and walking between al-Safa and al-Marwah, the correct view is that he exits the state of ihram if he has not brought sacrificial animals. If what Ibn 'Umar (may Allah be pleased with him) intended was that he remains in his state of ihram as the Prophet (peace and blessings be upon him) remained, then it is said that the Prophet (peace and blessings be upon him) ordered those who did not bring sacrificial animals to exit the state of ihram. And if the intention is to have intercourse with his wife after circumambulation but before walking between al-Safa and al-Marwah, then there is no doubt that this is forbidden. Yes.