Is sexual intercourse forbidden in umrah and hajj?
Dear Brother / Sister,
What is forbidden for a person who has entered ihram for hajj is also forbidden for a person who has entered ihram for umrah. Anyone who violates one of those prohibitions while in ihram for umrah is subject to the same punishment as the one who violates the same prohibition while in ihram for Hajj.
The person who intends to perform hajj or umrah makes certain acts that were previously permissible haram for him beginning from one of the places called ‘miqat’. Those prohibitions include wearing stitched clothes, wearing perfume and having sexual intercourse with one’s spouse. However, women do not remove their stitched clothes.
Thus, during hajj or umrah, sexual intercourse between married spouses, or any act that may lead to it, such as hugging, kissing, touching with lust, and looking at the genitals of a woman, is forbidden as long as one is in ihram.
The following is stated in a verse:
“If any one undertakes that duty therein, let there be no obscenity, nor wickedness, nor wrangling in the Hajj.” (al-Baqara, 2/197)
The word “rafath (obscenity)” in the verse alludes to sexual contact with women or, in general, to men’s sexual need for women. The following is stated in a hadith:
“Whoever performs hajj, avoids sexual contact during hajj and does not commit any sins will be free from his sins as if he were born anew.” (Bukhari, Hajj, 4, Muhsar, 9, 10; Muslim, Hajj, 438; Nasai, Hajj, 4; Ibn Majah, Manasik, 3; A. b. Hanbal, II, 229, 410, 484)
According to Hanafis, it is permissible for a person in ihram to get engaged and marry. However, in that case, the nuptial chamber must be delayed until after hajj. The evidence is that the Prophet (pbuh) married Maymuna (r. anha) while he was in ihram. (see Bukhari, Sayd, 12, Nikah, 30, Maghazi, 43; Muslim, Nikah, 46, 47, 48; Tirmidhi, Hajj, 24)
The majority of fiqh scholars, on the other hand, considers the marriage contract of person in ihram invalid. The evidence they rely on is the following hadith:
“A person who is in ihram cannot marry, nor can he be married or betrothed.” (Muslim, Nikah 41-45; Abu Dawud, Manasik, 38; Tirmidhi, Hajj, 23; Nasai, Manasik, 91)
They say that the Prophet (pbuh)’s marriage to Maymuna (r. anha) occurred when he was not in ihram. (Tirmidhi, Hajj, 23,24; Darimi, Manasik, 21; A. b. Hanbal, VI, 393)
If a person who is performing hajj has sexual intercourse before waqfa in Arafat, his Hajj will be invalidated and he will have to perform it next year. He must also sacrifice a sheep or goat as a punishment. In case of acts that may lead to sexual intercourse, such as kissing or touching with lust, whether or not ejaculation occurs, a sheep or goat must be sacrificed as a punishment. According to the majority, except for Malikis, hajj is not invalidated in that case.
The punishment for having sexual intercourse with one’s spouse after waqfa in Arafat and before exiting ihram is sacrifice of a large bovine animal. After coming out of ihram, it is not forbidden to have sexual intercourse after exiting ihram.
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