Sexual intercourse after Tawaaf Al-Ifaadhah but before casting the pebbles

Question

A man had sexual intercourse with his wife after performing Tawaaf Al-Ifaadhah but before casting the pebbles.

 

Fatwa

All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allah exalt his mention ) is His slave and Messenger.

If the questioner is referring to the pebbles that are to be cast on the days of Tashreeq, which are the eleventh, twelfth and thirteenth of Thul-Hijjah for whoever choses to delay his Hajj, or just the eleventh and twelfth for the one choses to hasten, then having sexual intercourse before casting the pebbles on these days is permissible and the one who does so is not required to do anything.

However, if you mean throwing the pebbles of Al-‘Aqabah (the large pillar) on the Day of An-Nahr (i.e. the day of ‘Eed), then if he did this after performing Tawaaf Al-Ifaadhah (the circumambulation of Hajj) and Sa‘y (walking between Mounts As-Safaa and Al-Marwah), whether he was performing a Tamattu', Qiraan or Ifraad Hajj and had not yet performed Sa‘y after Tawwaf Al-Qudoom, (the Tawaaf performed upon entry to Makkah) then his Hajj is not invalidated.

This is the opinion held by the majority of scholars including the four Imaams. Nevertheless, they held different opinions as to what he is required to do as compensation. What seems preponderant from the scholars' opinions is that it is obligatory upon such to slaughter a sheep as a Fidyah (i.e. compensation), the meat of which should be distributed among the poor of Al-Haram (i.e. the sacred precincts of Makkah).

Allah Knows best.

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