Ruling on masturbation before the second dissolution of Ihraam
Fatwa No: 116646

Question

What is the ruling on the pilgrim who masturbated after he threw the pebbles, shaved his hair and ended his Ihraam, but had not made Tawaaf? What sort of compensation does he incur in this case?

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.

 

Masturbation is prohibited and the Muslim must repent to Allaah The Almighty of practicing it. Masturbation after the first dissolution of Ihraam, i.e. after throwing the pebbles, shaving the hair and before Tawaaf, is equal to foreplay and requires the same compensation. Thus, if we adopt the opinion that foreplay is permissible at that time, there would be no expiation for masturbation despite its being a sin like all sins committed in Hajj and that requires no expiation. If we adopt the opinion  that foreplay is forbidden and does not become lawful except after the second dissolution of Ihraam, it as well as masturbation would require expiation. Divergence of opinion on this issue is well-known among the Shaafi‘i scholars. An-Nawawi  may  Allaah  have  mercy  upon  him said:

Scholars held two famous opinions regarding marriage contract and foreplay, without intercourse, such as kissing and touching with sexual desire during Hajj. Al-Qaadhi Abu At-Tayyib said, “Ash-Shaafi‘i cited these two opinions in his new school of jurisprudence, and the sounder, according to most of the Shaafi‘i scholars, is that they do not become lawful except after the two dissolutions of Ihraam. However, the sounder, according to the author and Ar-Rooyaani, is that they become lawful by the first dissolution of Ihraam.

The preponderant opinion to us is that the pilgrim who ejaculates due to foreplay after the first dissolution of Ihraam is required to slaughter a sacrifice. This opinion is undoubtedly safer. Nevertheless, the opinion that foreplay is permissible after the first dissolution is very strong and acceptable in terms of evidence.

Allaah Knows best.

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