Subject : One who Leaves a Pillar of Umrah Remains in a State of Ihram
Fatwa Number : 3123
Date : 22-09-2015
Classified : What is Forbidden while in Ihram
Fatwa Type : Search Fatawaa

Question :

A woman experienced her menses while performing Tawaf (circumambulation around the Ka`bah) for Umrah, then she headed to her country and violated the restrictions of her Ihram (ritual consecration) by having sexual intercourse with her husband. She committed this violation out of ignorance as far as the ruling of Sharia in this matter is concerned. This is in addition to the fact that she will only be able to return to Makah the following year. What is the ruling on this and how can she come out of the state of Ihram?

The Answer :

All perfect praise be to Allah, The Lord of The Worlds; and may His blessings and peace be upon our Prophet Mohammad and upon all his family and companions.

The pillars of Umrah are: Ihram, Tawaf, Sa`y and Tahallul (lifting the restrictions of Ihram). One who fails to offer any of these pillars remains in a state of Ihram until he/she offers it.

One who went back to his country without having offered all the pillars of his Umrah is considered in a state of Ihram and he is obliged to go back to Makkah and finish his Umrah.

While in a state of Ihram, he isn`t allowed to violate any of the restrictions of Ihram such as cutting hair, clipping nails, wearing perfume, or having sexual intercourse.

Since sexual intercourse has taken place-as mentioned in the above question-, her Umrah is void and she is obliged to make it up immediately by offering a new Umrah when she is capable to do so.

" Having sexual intercourse while offering a single Umrah (not the one in Qiraan Hajj) renders it void……..However, if this violation was committed by a non- discerning boy, a mad person, an oblivious person, an ignorant person, or a coerced person, then their Umrah is considered valid. Nevertheless, if a discerning man has committed that violation, then he is obliged to slaughter a she-camel as an expiation."{Moghni Al-Mohtajj/Al-Khateeb Ash-Shirbini}.

If that violation was committed by a woman, then there are two opinions for the scholars as regards the obligation of offering a she-camel:

First opinion: She isn`t obliged to slaughter an animal, and this is the opinion of the Ramli, a Shafite scholar. "No ransom is due on her according to the correct opinion of the Shafite scholars, whether her husband was in a state of Ihram or not when he slept with her."{Moghni Al-Mohtajj}.

Second opinion: The wife is obliged to slaughter a she-camel in case her husband wasn`t in a state of Ihram when he slept with her; as stated by Ibn Hajjar, a Shafite scholar. Note: Badanah is a camel or a she-camel, and it should have the same age of Udhiyah(sacrifice in Eid-ul-Adha).

To be on the safe side, it is better for her to delegate someone, living in KSA, to slaughter a She-camel on her behalf and distribute its meat amongst the poor people of Makkah, then she should go back there to make up her incomplete Umrah by offering a new one as soon as possible. And Allah knows best.



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