A hadith in Muslim: (The one in ihram does not marry and does not give in marriage) Does this not indicate the permissibility of the marriage contract after the first exit from ihram, as is the second narration from Ahmad?
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The questioner : ... .
The Shaykh : The question: It says, the saying of the Messenger of Allah (peace and blessings be upon him):Sunan Abi Dawud 1841Sahih (Al-Albani) Does this not indicate that the marriage contract is permissible after the first exit from ihram, as is the second narration from Ahmad and the choice of Shaykh al-Islam Ibn Taymiyyah, because the one in ihram after the second exit from ihram is not called a fully consecrated pilgrim.
The questioner : The first exit from ihram.
The Shaykh : I mean, I say that after the first exit from ihram, he is not called a fully consecrated pilgrim. We say: This issue will come to us, if Allah wills. It is permissible for him to do everything except women. So, is the meaning "except women" and what is related to them, such as proposing and contracting, or is the meaning "except women" in the sense of enjoying them? The issue has two opinions. But practically, we should say: Do not contract a marriage until you have fully exited from ihram. However, if it is assumed that he contracted a marriage before fully exiting from ihram, we might say, following Shaykh al-Islam Ibn Taymiyyah, which is the second narration from Ahmad, due to the great hardship for people who came to perform Hajj before the year ended, did not perform the second exit from ihram, and got married, and children were born to them before the year ended. We informed them that they must return to Makkah and complete the Hajj. They should return to Makkah and enter the state of ihram from the miqat. When they complete the 'Umrah, they should perform the Tawaf of Ifadah, because they had left the Tawaf of Ifadah. They said: The marriage, the contract, and the children. So at that time, we saw, meaning after reflection, that the opinion that the marriage contract is forbidden is questionable in terms of evidence. Because the saying of the Messenger of Allah (peace and blessings be upon him): has a strong possibility that the meaning is enjoying them through intercourse or otherwise, and that the contract is not included in that. Especially since the one who has exited from the first exit from ihram is not said to be in a complete state of ihram. So I told them: The contract is, if Allah wills, valid, and the children are legitimate. But go, and let no one of you come to his wife. Go and complete the Hajj after you perform an 'Umrah, Tawaf, Sa'y, and cutting or shaving the hair, then perform the Tawaf of Ifadah.
The Shaykh : The question: It says, the saying of the Messenger of Allah (peace and blessings be upon him):
A pilgrim may not marry and give someone in marriage in the sacred state(while wearing ihram).
لا ينكَح المحرم ولا يُنكِحThe questioner : The first exit from ihram.
The Shaykh : I mean, I say that after the first exit from ihram, he is not called a fully consecrated pilgrim. We say: This issue will come to us, if Allah wills. It is permissible for him to do everything except women. So, is the meaning "except women" and what is related to them, such as proposing and contracting, or is the meaning "except women" in the sense of enjoying them? The issue has two opinions. But practically, we should say: Do not contract a marriage until you have fully exited from ihram. However, if it is assumed that he contracted a marriage before fully exiting from ihram, we might say, following Shaykh al-Islam Ibn Taymiyyah, which is the second narration from Ahmad, due to the great hardship for people who came to perform Hajj before the year ended, did not perform the second exit from ihram, and got married, and children were born to them before the year ended. We informed them that they must return to Makkah and complete the Hajj. They should return to Makkah and enter the state of ihram from the miqat. When they complete the 'Umrah, they should perform the Tawaf of Ifadah, because they had left the Tawaf of Ifadah. They said: The marriage, the contract, and the children. So at that time, we saw, meaning after reflection, that the opinion that the marriage contract is forbidden is questionable in terms of evidence. Because the saying of the Messenger of Allah (peace and blessings be upon him):