The ruling on a man having intercourse with his wife after the first exit from the state of consecration and before the Tawaf of Farewell
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The question: This is a message from the questioner: Ahmad Fuad Hasan, an Egyptian working in Jeddah. He says: I performed the obligatory Hajj with my wife two years ago, and this Hajj was a voluntary one for both of us. I completed all the rituals in full, but my wife started menstruating after the first exit from the state of consecration, that is, after the stoning and cutting the hair, but before the Tawaf of Farewell ...
The Shaykh: Repeat? Repeat?
The question: He says: After I completed all the rituals in full, my wife started menstruating after the first exit from the state of consecration, that is, after the stoning and cutting the hair, and before the Tawaf of Farewell. We returned to our house, and after she became pure, I had intercourse with her. Then we went and she completed the Tawaf of Farewell. What is the ruling on this? Is her Hajj valid? Does she have to pay an expiation? And is it obligatory for me, as her husband, to pay an expiation considering that I am the one who caused the invalidity of her Hajj? Please inform us, may Allah reward you.
The answer: The Hajj is valid; because she performed what brings about the first exit from the state of consecration. She stoned and cut her hair, so the first exit from the state of consecration was achieved for her, and her Hajj is valid, and praise be to Allah. But you made a mistake in having intercourse with her before she performed the Tawaf. So you must repent to Allah for that, for having proceeded to do a forbidden thing; because it is not permissible for you to have intercourse with her except after the second exit from the state of consecration by stoning, cutting the hair, and Tawaf. And you did not do that, but rather you had intercourse with her before the Tawaf. So you must repent to Allah for that. And she must offer a sacrificial animal; a sheep to be slaughtered in Makkah; for what she did of the prohibited thing, which is that she consented to having intercourse with her before she performed the Tawaf. So she must also repent to Allah, and she must offer a sacrificial animal to be slaughtered in Makkah for the poor and the needy at any time. And if you pay the value of it, that is more preferable and safer; because you are the one who caused this matter. Yes.
The presenter: May Allah reward you with good.
The Shaykh: Repeat? Repeat?
The question: He says: After I completed all the rituals in full, my wife started menstruating after the first exit from the state of consecration, that is, after the stoning and cutting the hair, and before the Tawaf of Farewell. We returned to our house, and after she became pure, I had intercourse with her. Then we went and she completed the Tawaf of Farewell. What is the ruling on this? Is her Hajj valid? Does she have to pay an expiation? And is it obligatory for me, as her husband, to pay an expiation considering that I am the one who caused the invalidity of her Hajj? Please inform us, may Allah reward you.
The answer: The Hajj is valid; because she performed what brings about the first exit from the state of consecration. She stoned and cut her hair, so the first exit from the state of consecration was achieved for her, and her Hajj is valid, and praise be to Allah. But you made a mistake in having intercourse with her before she performed the Tawaf. So you must repent to Allah for that, for having proceeded to do a forbidden thing; because it is not permissible for you to have intercourse with her except after the second exit from the state of consecration by stoning, cutting the hair, and Tawaf. And you did not do that, but rather you had intercourse with her before the Tawaf. So you must repent to Allah for that. And she must offer a sacrificial animal; a sheep to be slaughtered in Makkah; for what she did of the prohibited thing, which is that she consented to having intercourse with her before she performed the Tawaf. So she must also repent to Allah, and she must offer a sacrificial animal to be slaughtered in Makkah for the poor and the needy at any time. And if you pay the value of it, that is more preferable and safer; because you are the one who caused this matter. Yes.
The presenter: May Allah reward you with good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
