Text copied Link copied

Al-Fatawa – home

﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

Scholar
Search mode

And the woman in the state of ihram until she exits the state

Machine translationRead the Arabic original
The Shaykh : The author said "And the woman in the state of ihram until she exits the state". The woman in the state of ihram is prohibited until she exits the state, and what about the man in the state of ihram?

The questioner : Yes, that is so.

The Shaykh : Likewise, he mentioned the woman in the state of ihram, but the author’s excuse here is that he is speaking about those who are prohibited from marriage, not those who are in the state of ihram. Yes, the woman in the state of ihram until she exits the state, whether she is in the state of ihram for 'Umrah, or for Hajj, or for Hajj and 'Umrah.

The questioner : ... .

The Shaykh : All of them. And his saying "until she exits the state" means the complete exit from the state, which is the second exit. She does not exit the state after the first exit—stay with us—if a man contracts a marriage with a woman after the first exit, the contract is forbidden and the marriage is invalid because she has not yet exited the state. Therefore, both the first and second exits are required. This is clear from the author’s wording, "until she exits the state." The evidence for this is the hadith of 'Umar (may Allah be pleased with him) that the Prophet (peace and blessings be upon him) said:
A Muhrim must neither marry himself, nor arrange the marriage of another one, nor should he make the proposal of marriage. لا يَنكح المحرم ولا يُنكح ولا يخطب
Sahih Muslim 1409a
If someone were to ask, "Is he in the state of ihram after the first exit?" Yes, we say no.
When you have stoned and shaved, everything is permitted to you except women إذا رميتم وحلقتم فقد حل لكم كل شيء إلا النساء
Sunan al-Bayhaqi 4:929
We say he is not in the state of ihram after the first exit, but women are an exception, and the marriage contract is one of the means regarding women, so it is forbidden after the first exit and is not valid. It was also said that a marriage contract after the first exit is valid and not forbidden because the one in the state of ihram is the woman, and this is a contract, not a woman. So if a man contracts a marriage with a woman after stoning the Jamarat al-'Aqabah on the day of 'Id, shaving, and shortening his hair, but before circumambulating the House, his marriage is valid according to this opinion. This is one of the two narrations from Ahmad and the choice of Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him), and it is the most correct: that marriage is not forbidden after the first exit. But we say to the person, be cautious for yourself; the matter is not easy. Be cautious for yourself, because you might proceed to marry after the first exit, and then Satan will whisper to you, saying, "Your wife is forbidden," and he will introduce doubts into your mind. So ease your mind, wait. What is left for her?

The questioner : Circumambulation...

The Shaykh : She circumambulates, and if she is performing tamattu', she walks between al-Safa and al-Marwah. If she is performing ifrad or qiran, and she walked between al-Safa and al-Marwah after the arrival circumambulation, then she does not have to walk again. Be patient, because even if you contract a marriage now, you are not entering [the marriage]. If you contract a marriage after the first exit, you cannot enter [the marriage] because women are forbidden to you. Okay, the woman in the state of ihram until she exits the state. Is the woman in the state of ihram for 'Umrah like the woman in the state of ihram for Hajj?

The questioner : ... .

The Shaykh : The evidence? The one in the state of ihram is general, whether for Hajj or for 'Umrah.
Source alathar.net

The Arabic text is copied verbatim from the original source, without any edits.

Similar fatwas