The ruling on one who has intercourse after the first exit from the state of consecration
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Question:
If one has intercourse after the first exit from the state of consecration, is it obligatory for him to enter the state of consecration from the state of ihram?
Answer:
It is narrated from Ibn Abbas that he enters the state of consecration from the state of ihram, but the most likely view, and Allah knows best, is that it is not obligatory for him; because the Hajj has been performed, the Umrah has been performed, and the state of consecration has been performed. So he is only obligated to complete the rites, he completes them and he is obligated to offer a sacrificial animal. And if he exits to the state of ihram and enters the state of consecration anew from the perspective of exiting from disagreement, there is no harm.
Q: Ibn Abbas’s fatwa obligating a camel without detail on one who had intercourse with his wife while in Mina before he departed?
A: Its apparent meaning is that it is obligatory for him ....... as long as he has not exited from the state of consecration completely, but the most likely view, and Allah knows best, is the detailed view as stated by a group of the scholars. It requires further attention in the next lesson, if Allah wills. It requires further gathering of the statements of the scholars on this, and the completion will be in the next lesson, if Allah wills.
Q: The fatwa of Umar, Ali, and Abu Hurayrah: “They are separated for their own sake until they complete their Hajj, then upon them is a Hajj for the following year and the sacrificial animal.” Ali said: “So when they declare their intention for the Hajj of the following year, they are separated until they complete their Hajj?”
A: This is general here, there is no specification of a camel or a sheep. It requires gathering what came from the Companions.
Q: The separation, may Allah reward you?
A: It is a punishment; so that nothing happens between them, so that the disaster does not occur again.
Q: Is the separation on the basis of recommendation?
A: The apparent fatwa is on the basis of obligation, to block the means to harm, and as a punishment for what previously occurred between them.
If one has intercourse after the first exit from the state of consecration, is it obligatory for him to enter the state of consecration from the state of ihram?
Answer:
It is narrated from Ibn Abbas that he enters the state of consecration from the state of ihram, but the most likely view, and Allah knows best, is that it is not obligatory for him; because the Hajj has been performed, the Umrah has been performed, and the state of consecration has been performed. So he is only obligated to complete the rites, he completes them and he is obligated to offer a sacrificial animal. And if he exits to the state of ihram and enters the state of consecration anew from the perspective of exiting from disagreement, there is no harm.
Q: Ibn Abbas’s fatwa obligating a camel without detail on one who had intercourse with his wife while in Mina before he departed?
A: Its apparent meaning is that it is obligatory for him ....... as long as he has not exited from the state of consecration completely, but the most likely view, and Allah knows best, is the detailed view as stated by a group of the scholars. It requires further attention in the next lesson, if Allah wills. It requires further gathering of the statements of the scholars on this, and the completion will be in the next lesson, if Allah wills.
Q: The fatwa of Umar, Ali, and Abu Hurayrah: “They are separated for their own sake until they complete their Hajj, then upon them is a Hajj for the following year and the sacrificial animal.” Ali said: “So when they declare their intention for the Hajj of the following year, they are separated until they complete their Hajj?”
A: This is general here, there is no specification of a camel or a sheep. It requires gathering what came from the Companions.
Q: The separation, may Allah reward you?
A: It is a punishment; so that nothing happens between them, so that the disaster does not occur again.
Q: Is the separation on the basis of recommendation?
A: The apparent fatwa is on the basis of obligation, to block the means to harm, and as a punishment for what previously occurred between them.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.