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Sexual intercourse with his wife who will travel to him for ‘Umrah

Question

I am in the Kingdom of Saudi Arabia and my wife will come from my country. Is it permissible for me to have sexual intercourse with her before going to ‘Umrah and visiting Al-Madeenah Al-Munawwarah, noting that I have not seen her for six months?

Answer

All perfect praise be to Allaah, The Lord of the worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.

If your wife will assume Ihraam for ‘Umrah before meeting you, as when she will pass by the Meeqaat with the intention of performing ‘Umrah and therefore she will assume Ihraam, there is no doubt that it is impermissible to have sexual intercourse with her in this case. She will be in a state of Ihraam, and sexual intercourse is one of the greatest restrictions of Ihraam for it invalidates ‘Umrah.

The Hanbali scholar Ibn Qudaamah  may  Allaah  have  mercy  upon  him said: "Sexual intercourse before ending Ihraam invalidates ‘Umrah, and one is required to slaughter a sheep as compensation and make up for the ‘Umrah. Ash-Shaafi‘i said: 'He is required to make up for the ‘Umrah and offer a sacrificial animal because it (‘Umrah) is an act of worship including Tawaaf and Sa‘y and therefore it is similar to Hajj.'"

Likewise, if your wife will pass by the Meeqaat with the intention of performing ‘Umrah, it is impermissible for her to delay Ihraam until you have had sexual intercourse with her, and this is the view of the majority of scholars,. Rather, she is required to assume Ihraam from the Meeqaat and then complete the rituals of ‘Umrah. In the Hadeeth in which the Prophet, sallallaahu ‘alayhi wa sallam, specified the Meeqaats, he said: "These (Meeqaats) are for the people at those very places and for those who come through those places with the intention of performing Hajj and ‘Umrah…" [Al-Bukhari and Muslim]

If she passed the Meeqaat without assuming Ihraam, she is required to go back to it and assume Ihraam. If she assumed Ihraam after she had passed the Meeqaat, she is required to offer a sacrificial animal as compensation. Nevertheless, some scholars, mainly Shaafi‘i scholars, are of the view that it is permissible to pass the Meeqaat without assuming Ihraam if the pilgrim intended to return to the Meeqaat again, or to a farther Meeqaat, in order to assume Ihraam.

Consequently, if your wife delays Ihraam until she assumes Ihraam from the Meeqaat of the people of Al-Madeenah, this is permissible in shaa’ Allaah. It is clear that it is permissible in such a case to have sexual intercourse with your wife before assuming Ihraam.

Allaah Knows best.

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