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Sexual Relations in Ihraam

Answered according to Hanafi Fiqh by CouncilofUlama.co.za

Q: A person in the state of Ihraam indulged in sexual relations. What is the condition of his Hajj? Can you please explain in detail the laws pertaining to a Mufrid, Mutamatti’ and a Qaarin in this situation.
From Ihyaaud Deen. This entry is part 21 of 23 in the series Hajj Masaail


A:
If a person indulged in sexual relations before wuquf in Arafah then his Hajj will become invalid. However he is required to continue with the Haj and fulfil the remaining rituals of Hajj. He will have to make Qadha of the Hajj as well as slaughter one damm (i.e. sheep or goat).

If he indulged in sexual relations after wuquf in Arafah before performing Tawaafe Ziyaarat and shaving his head then his Hajj will remain valid. However he has to slaughter a camel or cow.

If he indulged in sexual relations after wuquf in Arafah, after shaving his head or performing Tawaafe Ziyaarat the Hajj will remain valid. However he has to slaughter a sheep or goat.

The above-mentioned rulings relate to the one who performed Ifraad or Tamattu’ Hajj.

As for the one performing Qiraan Hajj then the following laws will apply:

If he indulged in sexual relations before making tawaafe umrah and wuquf in Arafah then both Hajj and Umrah become invalid and the damme shukr falls off. However he is required to continue with the Hajj and fulfil the remaining rituals of Hajj. He will make Qadha of one Hajj and one Umrah and he has to slaughter 2 damms.

If he indulged in sexual relations after Tawaafe Umrah and wuquf in Arafah but before shaving his head and performing Tawaafe Ziyaarat then the Hajj and Umrah will remain valid. He has to slaughter one camel or cow and one sheep or goat and the damme shukr will remain waajib on him.

If he indulged in sexual relations after Tawaafe Umrah (four rounds or more) but before wuquf in Arafah then in this case the Umra will be complete and his Hajj will become invalid. He will make Qadha of one Hajj and he will slaughter 2 damms. The damme shukr falls off.

If he indulged in sexual relations after Tawaafe Umrah and wuquf in Arafah but before shaving his head and performing Tawaafe Ziyaarat then the Hajj and Umrah will remain valid. He has to slaughter one camel or cow for the Hajj and one sheep or goat for the Umra. The damme shukr will remain waajib.

If he indulged in sexual relations after Tawaafe Umrah and wuquf in Arafah and after shaving his head but before performing Tawaafe Ziyaarat then the Hajj and Umrah will remain valid. Regarding this case the Fuqahaa differ as to what compensation becomes waajib on this person. Some Ulama are of the opinion that one damm becomes waajib for the Hajj and one damm becomes waajib upon him for the Umra while other Ulama opine that one damm becomes waajib on him for the Hajj and there is nothing waajib on him for the Umrah.

This answer was collected from CouncilofUlama.co.za, which is operated under the supervision of Council of Ulama Eastern Cape, South Africa.

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