The Rituals of Hajj [Electronic resources] نسخه متنی

2. Sexual Activity

Rule 219:

Sexual union is forbidden
for a pilgrim, in ihram for an Umrat-ut-Tamatu' or Umrat-ul- Mufradah or during
Hajj; this is the case even after performing them, but before saying the prayers
for Tawaf-un-Nisa.

Rule 220:

If during an
Umrat-ut-Tamatu' a pilgrim intentionally has sexual intercourse with his wife,
and if he does so after performing sa'y, the Umrah is not invalidated. However,
there is an obligatory penalty upon him which should, as a matter of precaution,
be camel or a cow.

If the intercourse takes place before sa'y is completed,
the penalty will be as stated above. As a matter of precaution, he must finish
his Umrah, the pilgrimage that follows it, and repeat both of them in the
ensuing year.

Rule 221:

If a pilgrim, in ihram for
Hajj deliberately has sexual intercourse with his partner, before wuquf at
Muzdalifah, his Hajj is invalidated; if the lady is also in ihram and she
knowingly and voluntarily condoned the act, her Hajj is also invalidated. There
is a penalty on each of them; they also have to complete the remaining
ceremonies and repeat the Hajj in the following year, whether the pilgrimage was
obligatory or optional. However, if the woman was compelled into the act, her
Hajj is not invalidated, and there will be no penalty on her. Her husband, who
coerced her into it, should pay double the penalty.

The penalty for the
intercourse is a camel, but if one cannot afford it, it is a sheep. It is
mandatory that husband and wife live separately during the remainder of the
pilgrimage - except in the presence of a third person - until they complete all
the pilgrimage rituals, including those at Mina. They should return to the point
where the intercourse took place. Should they choose to use a different route,
they are free to meet, only when they have finished all the required acts of
worship.

They should also be separated, during the repeat Hajj in the
following year on arrival, until they reach the place where the intercourse took
place in the preceding year. Indeed, as a matter of precaution, the separation
should be maintained until the completion of all the pilgrimage devotions and
the return to the place where the act took place.

Rule 222:

If a person, in ihram, had
intentionally had a sexual intercourse after wuquf at Muzdalifah, but before
completing the fourth round of Tawaf-un-Nisa, the above-quoted penalty is
obligatory on him; however, his pilgrimage stands.

Rule 223:

If a person knowingly has a
sexual intercourse during Umrat-ul-Mufradah, he is liable to the penalty,
previously discussed. His Umrah, though, is valid, if the sexual act took place
after sa'y; otherwise the it is invalidated as well. It is then mandatory on him
to remain in Makkah for another month, and proceed to one of the Meqats to wear
ihram again to repeat Umrah. It is not sufficient to wear ihram from Adnal hil.
As a matter of precaution, he must also complete the Umrah that was rendered
invalid.

Rule 224:

If a pilgrim, relieved from
his ihram, had a sexual intercourse with his wife, who is still in ihram, she
becomes liable to a kaffarah of a camel, which must be borne by the husband.

Rule 225:

If a pilgrim, in a state of
ihram , has a sexual intercourse with his wife out of ignorance or due to an
oversight, his Umrah and Hajj are valid; there shall be no penalty on him. This
rule also applies to all the other prohibitions which attract penalties. That is
to say that an act of a pilgrim, in ihram, will not attract a penalty, if it was
performed out of ignorance or due to an oversight, except in the following
cases:

if he forgets a tawaf in Hajj or Umrah till he returns to his
country, and has intercourse with his wife;


if he forgets some parts of the sa'y in Umrat-ut-Tamatu' and has
intercourse with his wife considering himself relieved of ihram;


if he needlessly keeps stroking his head or beard, and a hair or
two drop off;


if out of ignorance, he applies oil to his body.

The rules relating to these aspects will be discussed at their appropriate
places.