The ruling on proposing marriage and contracting it after the first exit from the state of ihram
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Question:
He also says: If a pilgrim performs the first exit from the state of ihram, and still has the visitation to Mina and the sa'y remaining, is it permissible for him to propose marriage and contract it? I did this nine years ago, and I remembered it during this year's Hajj.
Answer:
There is scholarly disagreement among the scholars regarding this issue, and the stronger position is that there is no blame on him for proposing marriage or contracting it; because he has exited the state of ihram and is no longer in a state of consecration. He may perfume himself, trim his nails, and cut his hair, and there is no blame on him. All that remains for him is intercourse with women, so there is no harm in that. However, if he is scrupulous and refrains from proposing marriage and contracting the marriage until he completes the acts of Hajj, namely the tawaf and the sa'y, that is more cautious in order to avoid the disagreement. Otherwise, the contract is valid and there is nothing wrong with the proposal.
As for his saying (peace and blessings be upon him):Sunan Abi Dawud 1841Sahih (Al-Albani), this is intended for when one is in the state of ihram. As for the one who has performed the first exit from the state of ihram, he has dissolved the ihram and has become among the people who are not in a state of consecration, except for one thing, which is touching women, meaning: intercourse with women. Yes.
He also says: If a pilgrim performs the first exit from the state of ihram, and still has the visitation to Mina and the sa'y remaining, is it permissible for him to propose marriage and contract it? I did this nine years ago, and I remembered it during this year's Hajj.
Answer:
There is scholarly disagreement among the scholars regarding this issue, and the stronger position is that there is no blame on him for proposing marriage or contracting it; because he has exited the state of ihram and is no longer in a state of consecration. He may perfume himself, trim his nails, and cut his hair, and there is no blame on him. All that remains for him is intercourse with women, so there is no harm in that. However, if he is scrupulous and refrains from proposing marriage and contracting the marriage until he completes the acts of Hajj, namely the tawaf and the sa'y, that is more cautious in order to avoid the disagreement. Otherwise, the contract is valid and there is nothing wrong with the proposal.
As for his saying (peace and blessings be upon him):
A pilgrim may not marry and give someone in marriage in the sacred state(while wearing ihram).
لا ينكح المحرم ولا ينكح
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
