What is the ruling on one who has intercourse with his wife before the departure from Mina?
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Question:
A man had intercourse before the departure from Mina, and he performed Hajj several times after that, but he did not intend them as making up for the first one?
Answer:
His Hajj remains valid if it was before the first state of release, and he has stoned the pillars, but he owes an expiation.
Q: Before the departure from Mina?
A: Even if he had stoned the pillars, shaved his head, and attained the first state of release, his Hajj is valid. His Hajj is only invalidated if it was before the first state of release, meaning he had intercourse at 'Arafah or after 'Arafah but before he circumambulated, before he stoned, before he shaved, before he did anything of the acts of release.
As for if it was after stoning the pillars or after the circumambulation, then the first state of release has been attained, and the Hajj is valid, and he owes an expiation for the intercourse before the completion of the release.
Q: And is it a condition that he intends to make it up if he performed Hajj several times after it?
A: His Hajj is valid, and he owes the expiation, and the second Hajj is valid, and the second 'Umrah is valid.
A man had intercourse before the departure from Mina, and he performed Hajj several times after that, but he did not intend them as making up for the first one?
Answer:
His Hajj remains valid if it was before the first state of release, and he has stoned the pillars, but he owes an expiation.
Q: Before the departure from Mina?
A: Even if he had stoned the pillars, shaved his head, and attained the first state of release, his Hajj is valid. His Hajj is only invalidated if it was before the first state of release, meaning he had intercourse at 'Arafah or after 'Arafah but before he circumambulated, before he stoned, before he shaved, before he did anything of the acts of release.
As for if it was after stoning the pillars or after the circumambulation, then the first state of release has been attained, and the Hajj is valid, and he owes an expiation for the intercourse before the completion of the release.
Q: And is it a condition that he intends to make it up if he performed Hajj several times after it?
A: His Hajj is valid, and he owes the expiation, and the second Hajj is valid, and the second 'Umrah is valid.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
