The ruling on committing one of the prohibited acts before exiting the state of ihram from 'Umrah
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Question:
Exiting the state of ihram before shortening the hair during 'Umrah in Ramadan; what is the ruling?
Answer:
If he was ignorant, or forgetful, he must refrain from the prohibited acts until he shaves or shortens his hair. If he wore his clothes or covered his head while ignorant or forgetful, he owes nothing, due to the incident of the man in the jacket, whom the Prophet (peace and blessings be upon him) ordered to remove the jacket and wash off the effect of the perfume, and did not order him... because of his ignorance. But if he had intercourse, a group of scholars mentioned that he owes a fidyah—a sacrificial animal—even if he was ignorant, because he was negligent and did not ask.
As for if he forgot to shorten the hair, then had intercourse while forgetful, he owes nothing: [al-Baqarah:286].
The conclusion is: if he had intercourse, paying the fidyah is the most cautious course for him, because he was negligent in not asking. Otherwise, there is no blame on him, and his 'Umrah is valid, due to his forgetfulness and ignorance, meaning: he forgot to shorten the hair, or was ignorant of the ruling on shortening the hair, so he had intercourse. In this case... he must shorten the hair—praise be to Allah—or shave, and his 'Umrah is valid.
But if he was ignorant and had intercourse, he owes a sacrificial animal to be slaughtered in Makkah for the poor, and he must repeat the 'Umrah, because he invalidated it. He must perform a new 'Umrah in place of the invalid one, because the 'Umrah he completed becomes defective. He must perform a new 'Umrah, if he has completed it. He must complete this one by shortening the hair, then perform a new 'Umrah from the place where he entered ihram for the first one, meaning: he enters ihram from the miqat where he entered ihram for the first one, after completing this one by shortening the hair or shaving. He owes a sacrificial animal for his intercourse with her, for his intercourse during the period before shaving or shortening the hair.
As for if he was forgetful, the most apparent view is that he owes nothing—if Allah wills—because the Messenger (peace and blessings be upon him) said:Sahih Muslim 1155 So forgetfulness does not harm the fast, and it is the same in Hajj. Yes.
The presenter: We thank Allah for you, O Shaykh, and may Allah bless you, and in your knowledge, and benefit the Muslims with you.
Exiting the state of ihram before shortening the hair during 'Umrah in Ramadan; what is the ruling?
Answer:
If he was ignorant, or forgetful, he must refrain from the prohibited acts until he shaves or shortens his hair. If he wore his clothes or covered his head while ignorant or forgetful, he owes nothing, due to the incident of the man in the jacket, whom the Prophet (peace and blessings be upon him) ordered to remove the jacket and wash off the effect of the perfume, and did not order him... because of his ignorance. But if he had intercourse, a group of scholars mentioned that he owes a fidyah—a sacrificial animal—even if he was ignorant, because he was negligent and did not ask.
As for if he forgot to shorten the hair, then had intercourse while forgetful, he owes nothing:
Our Lord, do not impose blame upon us if we have forgotten or erred.
رَبَّنَا لا تُؤَاخِذْنَا إِنْ نَسِينَا أَوْ أَخْطَأْنَاThe conclusion is: if he had intercourse, paying the fidyah is the most cautious course for him, because he was negligent in not asking. Otherwise, there is no blame on him, and his 'Umrah is valid, due to his forgetfulness and ignorance, meaning: he forgot to shorten the hair, or was ignorant of the ruling on shortening the hair, so he had intercourse. In this case... he must shorten the hair—praise be to Allah—or shave, and his 'Umrah is valid.
But if he was ignorant and had intercourse, he owes a sacrificial animal to be slaughtered in Makkah for the poor, and he must repeat the 'Umrah, because he invalidated it. He must perform a new 'Umrah in place of the invalid one, because the 'Umrah he completed becomes defective. He must perform a new 'Umrah, if he has completed it. He must complete this one by shortening the hair, then perform a new 'Umrah from the place where he entered ihram for the first one, meaning: he enters ihram from the miqat where he entered ihram for the first one, after completing this one by shortening the hair or shaving. He owes a sacrificial animal for his intercourse with her, for his intercourse during the period before shaving or shortening the hair.
As for if he was forgetful, the most apparent view is that he owes nothing—if Allah wills—because the Messenger (peace and blessings be upon him) said:
If anyone forgets that he is fasting and eats or drinks he should complete his fast, for it is only Allah Who has fed him and given him drink.
من نسي وهو صائم، فأكل، أو شرب؛ فليتم صومه، فإنما أطعمه الله وسقاهThe presenter: We thank Allah for you, O Shaykh, and may Allah bless you, and in your knowledge, and benefit the Muslims with you.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.