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Fatwa CenterIntercourse with one's wife before her second dissolution of Ihraam
Question
I performed Hajj this year with my wife and on the Day of ‘Arafah, my wife started her menstrual period. After hurling Jamrat Al-‘Aqabah, I went to perform Tawaaf Al-Ifaadhah alone. My wife could not perform Tawaaf Al-Ifaadhah because of her menses. Once she got pure, I had intercourse with her before she made Tawaaf Al-Ifaadhah out of my ignorance. I performed Tawaaf Al-Ifaadhah and finished my Hajj rituals. What is the ruling on this?
Answer
All perfect praise be to Allaah, The Lord of the worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.
Every Muslim must do his best to learn the Sharee‘ah rulings so as not to commit such violations. There would be no expiation on you because you had intercourse with your wife after the second dissolution of Ihraam, which occurs by performing the three rituals of Hajj, namely, hurling the Jamaraat, shaving or shortening one's hair and Tawaaf Al-Ifaadhah. We wish that you are not sinful by having intercourse with your wife who was in the state of Ihraam since you were not aware of the prohibition of intercourse in this state. There would be no expiation on your wife if she was unaware of the ruling. Allaah The Almighty Says (what means): {And there is no blame upon you for that in which you have erred but [only for] what your hearts intended. And ever Is Allaah Forgiving and Merciful.} [Quran 33:5]
If she was aware of that ruling and had the intercourse willingly, provided that she made the first dissolution of Ihraam by throwing Jamrat Al-‘Aqabah and shortening her hair, as understood from the question, she would be sinful and have to repent to Allaah The Almighty. Moreover, she incurs expiation for that violation, which is slaughtering an animal and distributing its meat among the poor people in the Sacred Precincts, or feeding six needy people or fasting three days. Her Hajj is valid since intercourse occurred after the first dissolution of Ihraam, which took place by hurling Jamrat Al-‘Aqabah and shortening the hair, and before the second dissolution of Ihraam, which cannot take place expect after Tawaaf Al-Ifaadhah.
Allaah Knows best.
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