I am a young man who has been married for five years. Two years before my marriage I went for ‘umrah with my father and mother. After we had done ‘umrah, we intended to enter ihram and do ‘umrah on behalf of our deceased family members. I decided to do ‘umrah on behalf of my grandfather (may Allah have mercy on him), but during sa‘i I felt very tired, because it was the month of Ramadan, and because of severe thirst I was not able to complete ‘umrah. I went back to my city, and I did not think there was any problem. Two years later, I got married, and five years after I got married, I heard a ruling saying that if a person has not completed his ‘umrah, his wife is not permissible for him. Please advise me, may Allah reward you with good, because I have decided to go back and make up my ‘umrah in one month’s time, as I am busy with work at present.
Praise
be to Allah
Firstly:
If a person does
‘umrah but does not do sa‘i, or does not complete it, then he is still in a
state of ihram, and he must go back and do sa‘i, then cut his hair or shave
his head, because sa‘i is one of the essential parts of Hajj without which
Hajj is not complete.
It says in
al-Mawsoo‘ah al-Fiqhiyyah (25/14): The majority of scholars are of the
view that sa‘i is an essential part of Hajj or ‘Umrah. They said: The
minimum without which sa‘i is not valid is seven laps between as-Safa and
al-Marwah, because of the actions of the Prophet (blessings and peace of
Allah be upon him) and because of the consensus of the ummah, both earlier
and later generations, that this is how sa‘i is. End quote.
An-Nawawi (may
Allah have mercy on him) said: If a person does sa‘i then becomes certain
that he omitted anything from tawaaf, his sa‘i is not valid.
End quote from
Sharh al-Muhadhdhab (8/98)
Secondly:
If the matter is
as you mentioned, then your ‘umrah was not complete, and you have to change
out of your regular clothes into ihram garments, then do sa‘i from the
beginning, as your previous sa‘i does not count, because of the interruption
which cancels out continuity.
It says in
Kashshaaf al-Qinaa‘ (2/487): The intention (niyyah) is essential in sa‘i,
because of the hadith, “Actions are but by intentions.” And continuity is
also required, by analogy with tawaaf, as was stated by al-Qaadi. End quote.
See also:
ash-Sharh al-Mumti‘ (7/275)
Shaykh Ibn
‘Uthaymeen (may Allah have mercy on him) was asked about a man who did
‘umrah, but his sa‘i lacked one lap; what must he do?
He replied:
This man is
still in a state of ihram, so he must change out of his regular clothes and
avoid the things that are prohibited whilst in ihram; he should put on his
ihram garments immediately in the city where he is, and go do Makkah and do
sa‘i all over again, because until now he is still in a state of ihram for
‘umrah.
End quote from
Majmoo‘ al-Fataawa (22/436)
Thirdly:
With regard to
what the questioner has done things that are prohibited whilst in a state of
ihram during this period, he does not have to do anything because he was
unaware of the ruling. There is no differentiation between intercourse and
other prohibited actions, but as soon as he learns of the shar‘i ruling, it
becomes haram for him to do any of the things that are prohibited whilst in
ihram, because he is still in a state of ihram.
For more
information on the things that are prohibited whilst in ihram, please see
the answer to question no. 11356 and
104178.
Fourthly:
You have to
renew your marriage contract after completing ‘umrah because it was done
when you were in a state of ihram, and a marriage contract cannot be done
when in the state of ihram. It says in al-Mawsoo‘ah al-Fiqhiyyah
(21/217):
The majority –
namely the Maalikis, Shaafa‘is and Hanbalis– are of the view that a marriage
contract of someone who is in a state of ihram is not valid, whether as a
husband, wife, guardian (wali) who did the marriage contract on behalf of
his ward, or proxy (wakeel). This was the view of ‘Umar ibn al-Khattaab, his
son ‘Abdullah, and Zayd ibn Thaabit (may Allah be pleased with them), and of
Sa‘eed ibn al-Musayyab, Sulaymaan ibn Yasaar, az-Zuhri and al-Awzaa‘i,
because the Prophet (blessings and peace of Allah be upon him) said: “The
muhrim (pilgrim in ihram) should not get married, have a marriage arranged
for him or propose marriage.” And it was narrated that ‘Ali (may Allah be
pleased with him) said: “Whoever gets married when he is in ihram, we will
take his wife away from him.” It was narrated from ‘Umar (may Allah be
pleased with him) that he separated two pilgrims in ihram who got married.
It was narrated from Shawdhab the freed slave of Zayd ibn Thaabit (may Allah
be pleased with him) that he got married when he was in ihram and Zayd ibn
Thaabit separated them. End quote.
Shaykh Ibn
‘Uthaymeen (may Allah have mercy on him) was asked about those who do not
complete tawaaf around the Ka‘bah or sa‘i.
He replied:
Firstly: they
are sinning, unless they are ignorant, in which case there is no sin on
them.
Secondly: they
are still in a state of ihram, even if they have taken off the ihram
garments and put on their ordinary clothes. They are still in a state of
ihram, so the men must take off their ordinary clothes and put on the ihram
garments.
Thirdly: they
must now return to Makkah to complete their ‘umrah. If they had done tawaaf
but did not do sa‘i, we say: they still have to do sa‘i. If they had done
some of the circuits then they left, we say: they have to repeat tawaaf from
the beginning. If they had done some laps of sa‘i, we say: go back and start
sa‘i from the beginning.
… If a person in
this situation has got married, then the marriage contract is not valid,
because he is still in a state of ihram, and the marriage contract is not
valid in the case of one who is in a state of ihram. So if it is the case
that he did do the marriage contract, we say: Refrain and do not go to your
wife until you have gone and completed ‘umrah, then do a new marriage
contract.
End quote from
Majmoo‘ al-Fataawa (23/45 9)
See also the
answer to question no. 140351
And Allah knows
best.
