Conducting marriage contract after the first Tahallul and before Tawaf-ul-Ifadah


A: The marriage contract which was conducted between you and the woman mentioned in the question after the minor Tahallul (partial ending of the ritual state for Hajj and 'Umrah through shaving or shortening the hair and throwing pebbles at Jamarat-ul-'Aqabah before performing Tawaf-ul-Ifadah) and before Tawaf-ul-Ifadah (final obligatory circumambulation of the Ka`bah in Hajj) is valid according to the preponderant judgment among two opinions maintained by scholars. However, this woman must return to Makkah and perform Tawaf-ul-Ifadah because the Tawaf she made while menstruating was invalid. She must also offer Dam (atonement required of a pilgrim for a wilful violation of a prohibition or obligation while in the ritual state for Hajj and `Umrah) by slaughtering an animal that meets the specifications of Ud-hiyah (sacrificial animal offered by non-pilgrims) in Makkah and distribute its meat among the poor because she had sexual intercourse before performing Tawaf-ul-Ifadah. You must not be intimate with her until she performs Tawaf and Sa`y (going between Safa and Marwah during Hajj and Umrah) if she still has to make Sa`y in case she was performing Tammatu` Hajj ('Umrah during the months of Hajj followed by Hajj in the same year with a break in between). The same applies if she was performing Qiran Hajj (combining Hajj and 'Umrah without a break in between) or Ifrad Hajj (Hajj only) and did not make Sa`y or Tawaf-ul-Qudum (circumambulation of the Ka`bah on arrival in Makkah). (Part No. 10; Page No. 161) May Allah grant us success. May Peace and Blessings of Allah be upon our Prophet Muhammad, his family and his Companions.


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