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Fatwa CenterConcluding marriage contract after invalid ‘Umrah
Question
I was in Makkah for the purpose of performing ‘Umrah, and during my Tawaaf (circumambulation), my ablution was broken, and I did not repeat it due to my unjustifiable shyness in this situation. Perhaps the reason was that there were other families along with me and my family. I was engaged, and the wedding contract was concluded afterwards, given that my husband had not yet consummated marriage with me back then, I did another ‘Umrah that was free of mistakes, thanks to Allaah. After my marriage, I went to perform ‘Umrah again. What is due on me because of that?
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.
You have made a huge mistake, o sister, when you gave priority to your shyness of the people over your shyness of Allaah, The Almighty, and did not interrupt your Tawaaf so as to repeat ablution. The opinion of the majority of scholars is that ritual purity is a requisite for the validity of Tawaaf. Shaykh Ibn Baz 
said:
"If one, during Tawaaf, breaks his ablution by passing wind or urine, ejaculating semen, touching the private parts, or so on, then his Tawaaf would be interrupted, just like the prayer. In such a case, he should go to purify himself and do ablution and then return to start a new Tawaaf. That is the sound opinion. It is true that this issue is debatable, yet that is the right opinion concerning the prayer and Tawaaf, depending on the statement of the Messenger of Allaah, sallallaahu ‘alayhi wa sallam, “If anyone of you passes wind during prayer, then let him leave, offer ablution and then repeat the prayer.” [Abu Dawood; Ibn Khuzaymah: authentic] In fact, Tawaaf is like prayer in general.
Since your Tawaaf was invalid because you did what you did while you were aware of the prohibition, then you remained in the state of Ihram (ritual state of consecration) till you did the second ‘Umrah, in which your Tawaaf and Sa‘y (going back and forth between Mount Safa and Mount Marwah) substituted those that you nullified in the previous one.
Thus, your wedding contract was not valid then because you were wedded while in a state of Ihram, and the wedding contract of anyone in the state of Ihram is void because the Messenger of Allaah, sallallaahu ‘alayhi wa sallam, said, “One in the state of Ihram should neither marry, nor give anyone in marriage, nor betroth (nor be betrothed).” [Muslim]
Commenting on that, An-Nawawi said, “According to Maalik, Ash-Shaafi‘i, Ahmad and the majority of the scholars including the Companions and those who came after them, the wedding of one in a state of Ihram is invalid.”
Hence, it is due upon you to renew your wedding contract because it was invalid.
However, if you have had sexual intercourse (by virtue of that invalid wedding contract), then we hope that you would bear no sin because it was an intercourse that you did while mistakenly believing that it was lawful.
Allaah Knows best.
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