The discussion regarding the marriage contract and sexual intercourse for one in the state of ihram.
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The Shaykh : First, the proposal, the proposal of one in the state of ihram, meaning if a man in the state of ihram proposes to a person, is the proposal forbidden or disliked? The correct view is that it is forbidden, because the prohibition in it is the same as in the contract, and the proposal is forbidden, and the generality of the hadith that one should not propose, whether indirectly or explicitly.
The questioner : In the name of Allah, the Most Gracious, the Most Merciful.
The author (may Allah have mercy on him) said: "Chapter on the expiation: one is given the choice between an expiation of shaving and clipping, or covering the head".
The Shaykh : And covering the head, is it with you or?
The questioner : Yes.
The Shaykh : Yes.
The questioner :"And covering the head and perfume, between fasting for three days or feeding"
The Shaykh : Or feeding, with the kasrah (short vowel).
The questioner :"Or feeding six poor people, for each poor person a mudd of barley".
The Shaykh : A mudd of barley.
The questioner :"A mudd of barley, or half a sa' of barley, or slaughtering a sheep, and a hunted animal is sufficient, between"
The Shaykh : And one is given the choice.
The questioner : Between its like.
The Shaykh : Between.
The questioner :"Between its like, if it has one, or its value in dirhams, with which one buys food and feeds each poor person a mudd, or fasts for each mudd one day; and for that which has no like, between feeding and fasting. As for the blood of tamattu' and qiran, the sacrificial animal is obligatory, and if it is not available, then fasting for three days, and the best is to fast the last of them, the Day of 'Arafah".
The Shaykh : Yes, in the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, Lord of the worlds, and may Allah send prayers and blessings upon our Prophet Muhammad, and upon his family and his Companions, and those who follow them with excellence until the Day of Judgment.
It has preceded us that the seventh prohibited act among the prohibitions of ihram is the marriage contract, and we explained its evidence, and that if one contracts, it is not valid, and we explained its evidence and its reasoning as well. It has preceded us that there is no expiation in it, and we explained the evidence, and that the evidence is the absence of evidence. It has preceded us that taking back a wife (raj'ah) is valid, and we explained the difference between it and the contract, that taking back is continuation and the contract is beginning, and continuation is stronger than beginning, and we gave the example of perfume, which is recommended for one in the state of ihram before his ihram and remains after the ihram, and one is prevented from beginning with it. And it has preceded us that the eighth prohibited act is sexual intercourse, and that it is the most severe in effect and the greatest in sin, because Allah mentioned it explicitly in the Qur'an, saying: And sexual intercourse has two states: a state before the first exit from ihram, in which five things result: sin, the invalidity of the ritual, proceeding in it, making it up, and an expiation of the amount of a camel. And that after the first exit from ihram, sin, the expiation, and exiting to the lowest part of the permissible area to renew his ihram result from it, because it invalidates the ihram. It has preceded us that direct contact (mubasharah) is the ninth prohibited act, and that if one emits semen in it, then a camel is due if it was before the first exit from ihram, and we explained that the correct view in this is that a camel is not obligatory in it, and it is not valid to analogize it to sexual intercourse due to the many differences between them. It has preceded us that the author (may Allah have mercy on him) erred in transferring the ruling of one issue to another, and that is in his statement regarding direct contact that one is forbidden from the permissible area for the obligatory tawaf, and we explained that this is an oversight by the author, and that the scholars only mentioned that for one who had sexual intercourse after the first exit from ihram. And we explained that the ihram of a woman is like that of a man, except for what is excluded, and we explained the reason for that, and that the original rule is the equality of women and men in rulings except by evidence. And we explained that she should avoid the veil (burqu'), gloves, the face veil (niqab), and covering the face according to the opinion of the author, and we explained that the correct view is that she is not obligated to uncover her face, and that what is forbidden is the niqab, and we distinguished between the niqab which is a garment and the covering which is mere concealment, and we explained that the ihram of a woman in her face is not valid. Then the author said: Chapter on the expiation.
Yes, and we explained that it is permissible to adorn oneself, but with the condition that one does not display one's adornment (tabarruj) with it.
Nor does he propose marriage
ولا يخطبThe questioner : In the name of Allah, the Most Gracious, the Most Merciful.
The author (may Allah have mercy on him) said: "Chapter on the expiation: one is given the choice between an expiation of shaving and clipping, or covering the head".
The Shaykh : And covering the head, is it with you or?
The questioner : Yes.
The Shaykh : Yes.
The questioner :"And covering the head and perfume, between fasting for three days or feeding"
The Shaykh : Or feeding, with the kasrah (short vowel).
The questioner :"Or feeding six poor people, for each poor person a mudd of barley".
The Shaykh : A mudd of barley.
The questioner :"A mudd of barley, or half a sa' of barley, or slaughtering a sheep, and a hunted animal is sufficient, between"
The Shaykh : And one is given the choice.
The questioner : Between its like.
The Shaykh : Between.
The questioner :"Between its like, if it has one, or its value in dirhams, with which one buys food and feeds each poor person a mudd, or fasts for each mudd one day; and for that which has no like, between feeding and fasting. As for the blood of tamattu' and qiran, the sacrificial animal is obligatory, and if it is not available, then fasting for three days, and the best is to fast the last of them, the Day of 'Arafah".
The Shaykh : Yes, in the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, Lord of the worlds, and may Allah send prayers and blessings upon our Prophet Muhammad, and upon his family and his Companions, and those who follow them with excellence until the Day of Judgment.
It has preceded us that the seventh prohibited act among the prohibitions of ihram is the marriage contract, and we explained its evidence, and that if one contracts, it is not valid, and we explained its evidence and its reasoning as well. It has preceded us that there is no expiation in it, and we explained the evidence, and that the evidence is the absence of evidence. It has preceded us that taking back a wife (raj'ah) is valid, and we explained the difference between it and the contract, that taking back is continuation and the contract is beginning, and continuation is stronger than beginning, and we gave the example of perfume, which is recommended for one in the state of ihram before his ihram and remains after the ihram, and one is prevented from beginning with it. And it has preceded us that the eighth prohibited act is sexual intercourse, and that it is the most severe in effect and the greatest in sin, because Allah mentioned it explicitly in the Qur'an, saying:
and no lewdness
فلا رفثYes, and we explained that it is permissible to adorn oneself, but with the condition that one does not display one's adornment (tabarruj) with it.