He did the secret habit during ‘umrah; what must he do?

Praise
be to Allah

Firstly:

Masturbation is
prohibited based on the evidence of the Qur’an and Sunnah. For more
information please see the answer to question no. 329.

This sin is
compounded if the sin was committed in a place or at a time of special
virtue, especially if the time at which that deed was done was a time that
was singled out for an act of worship. That is obviously contrary to what
was intended by the Lawgiver.

Shaykh al-Islam
Ibn Taymiyah (may Allah have mercy on him) was asked about the sin of
disobedience and the hadd punishment for zina: is it increased during
blessed days or not?

He replied:

Yes, sins during
the days of particular virtue or in places of particular virtue are
compounded and the punishment is greater, commensurate with the virtue of
the time and place.

End quote from
Majmoo‘ al-Fataawa (34/180).

The increase in
the punishment is in terms of intensity, not in amount.

For more
information, please see the answer to question no. 38213

Secondly:

Masturbation is
one of the things that are prohibited when in a state of ihram (for Hajj or
‘umrah). Whoever masturbates and ejaculates does not spoil his Hajj or
‘umrah, according to the majority of scholars (may Allah have mercy on
them), because there is no evidence to suggest that his pilgrimage is
rendered invalid thereby, and it is not valid to draw an analogy with
intercourse, because of the differences between the two.

It says in
al-Mawsoo‘ah al-Fiqhiyyah (4/102): Hajj is not invalidated by
masturbation, according to the Hanafis, Shaafa‘is and Hanbalis, but Hajj is
invalidated thereby according to the Maalikis. They said that it must be
made up and a sacrifice offered, even if the person did that out of
forgetfulness, because he ejaculated as a result of doing something that is
prohibited whilst in ihram.

In this regard,
‘umrah is like Hajj, according to the Hanafis, Shaafa‘is and Hanbalis. This
is what may be understood from the general meaning of the words of al-Baaji
among the Maalikis. But the apparent meaning of the words of Bahraam and
others suggest that with regard to what invalidates Hajj in some cases, in
terms of intercourse and ejaculation, in the case of ‘umrah a sacrifice must
be offered (to absolve it), because the matter is less serious, in the sense
that it (‘umrah) is not obligatory. End quote.

Thirdly:

The one who
masturbates during ‘umrah – whether a man or a woman – must offer a fidyah
according to the correct scholarly view, but the scholars differed as to
what must be offered. The Hanbalis said that a camel must be sacrificed in
the case of masturbation. The Hanafis said that a sheep must be sacrificed.
The Shaafa’is said that a fidyah like that required for shaving one’s head
whilst in ihram (as in the case of one suffering from an ailment in his
scalp) must be offered in this case, and this fidyah is a choice between
sacrificing a sheep, feeding six poor persons, or fasting for three days.

An-Nawawi (may
Allah have mercy on him) said in al-Majmoo‘ (7/307):

With regard to
masturbation, it is haraam, and there is no difference of scholarly opinion,
because it is haraam when one is not in a state of ihram, so when one is in
a state of ihram, it is more appropriate that it should be haraam.

If the pilgrim
in ihram masturbates and ejaculates, is he required to offer a fidyah? There
are two views:

The correct,
well-known view is that he must offer a fidyah.

The second view
is that he does not have to offer a fidyah. But the correct view is that he
must offer a fidyah.

Then he (may
Allah have mercy on him) also said (7/417):

If we say that
he must offer a fidyah, then it is the same as the fidyah for shaving the
head [whilst in ihram], as we said concerning being intimate with a woman
without engaging in intercourse. But his Hajj is not rendered invalid by
masturbation, and there is no difference of opinion concerning that. End
quote.

The words “and
there is no difference of opinion” mean: in the Shaafa‘i madhhab.

It says in
Durar al-Hikaam Sharh ‘Gharar al-Ahkaam (1/246):

It says in
al-Jawharah: In the event of ejaculation as a result of masturbation, a
sheep must be offered as a sacrifice, according to Abu Haneefah, but the
Hajj or ‘umrah is not invalidated thereby. If he did not ejaculate, then he
does not have to offer any fidyah. End quote.

In Kashshaaf
al-Qinaa‘ (2/456) it says:

If a person
looks repeatedly, kisses or touches with desire, and ejaculates, or if he
masturbates and ejaculates, then he must sacrifice a camel. End quote.

The view that
what must be offered is a fidyah like that required for shaving one’s head
whilst in ihram is the view regarded as more likely to be correct by Shaykh
Ibn ‘Uthaymeen (may Allah have mercy on him). He said:

With regard to
touching without desire, such as if a man holds his wife’s hand, this is not
haraam, but if the touching is with desire, then it is haraam, whether that
touching with desire is done with the hand or with any other part of the
body, and whether it is done with or without a barrier in between, because
that detracts from the rituals and may lead to ejaculation.

Then, after
mentioning the views of the scholars of the madhhab, he said:

The correct view
is that it is not obligatory to sacrifice a camel for intimacy (less than
intercourse); rather what is required is the same as what is required in the
event of any other action that is prohibited whilst in ihram.

End quote from
ash-Sharh al-Mumti‘ (7/163)

He (may Allah
have mercy on him) also said:

With regard to
the fidyah, the actions that are prohibited whilst in ihram are divided into
four categories:

1.    

that for which
no fidyah is required, which is doing a marriage contract;

2.    

that for which a
severe penalty (fidyah) is required, which is intercourse during Hajj before
the first stage of exiting ihram

3.    

that for which
the fidyah is to offer as a sacrifice an animal that is equivalent (to the
one killed), which is killing game animals;

4.    

that for which
the fidyah is a fidyah like that required for shaving one’s head whilst in
ihram, which applies to all other actions that are prohibited whilst in
ihram.

This
categorisation covers everything and if the seeker of knowledge learns it,
he will put his mind at rest concerning this issue.

The fidyah like
that required for shaving one’s head whilst in ihram is either to feed six
poor persons, giving each one half a saa‘, or to fast for three days,
consecutively or separately, or to sacrifice a sheep, which is to be
slaughtered and the meat distributed to the poor, because Allah, may He be
exalted, says (interpretation of the meaning):

“And
whosoever of you is ill or has an ailment in his scalp (necessitating
shaving), he must pay a Fidyah (ransom) of either observing Saum (fasts)
(three days) or giving Sadaqah (charity – feeding six poor persons) or
offering sacrifice (one sheep)”

[al-Baqarah
2:196].

Based on the
above:

Your previous
‘umrah is valid, but you have to offer a fidyah like that required for
shaving one’s head whilst in ihram because of what you committed of
masturbation. The marriage that took place after that is valid, in sha
Allah, and there is no need to repeat the marriage contract, even if the
fidyah had not been offered at that time. All that is required is to
discharge your duty by offering what you owe of the fidyah, which is to
sacrifice a sheep and distribute its meat to the poor of the Haram, or to
feed six poor persons among the poor of the Haram, giving each one half a
saa‘, or to fast three days in any place.

And Allah knows
best.