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After returning to Mina he had sexual intercourse with his wife

Q: My wife and I performed Hajj this year, during which our money was stolen. Because of this we were unable to purchase and slaughter the sacrificial animal. We fasted for three days during Hajj, stayed for a period of time in `Arafah, spent the night in Al-Muzdalifah, and threw the pebbles at Jamarat-ul-`Aqabah (the closest pebble-throwing area to Makkah) in Mina. Then on the Day of Nahr (Sacrifice, 10th of Dhul-Hijjah, when pilgrims slaughter their sacrificial animals), I shaved my hair and went alone to Makkah, where I performed Tawaf-ul-Ifadah (final obligatory circumambulation of the Ka`bah in Hajj) and Sa`y (going between Safa and Marwah during Hajj and `Umrah). On the following day, 11th of Dhul-Hijjah, I accompanied my wife, who is in the first month of pregnancy, to Makkah in order for her to perform Tawaf-ul-Ifadah (final obligatory circumambulation of the Ka`bah in Hajj). I told her to perform it after forming the intention for both Tawaf-ul-Ifadah and Tawaf-ul-Wada` (circumambulation of the Ka`bah on leaving Makkah). It took her two and a half hours to perform this Tawaf, after which she was unable to perform Sa`y between Al-Safa and Al-Marawah, even with the help of a wheelchair. Then we returned to Mina, and I had sexual intercourse with her. On the following day, my wife performed Sa`y between Al-Safa and Al-Marawah. She was unable to perform Tawaf-ul-Wada` because of the growing crowds. Am I to blame for having had sexual intercourse with my wife before she performed Sa`y? Does Tawaf-ul-Ifadah, which my wife performed, suffice for and take the place of Tawaf-ul-Wada`, bearing in mind that she formed the intention for both Tawafs? When I returned to my work in Riyadh, I could not fast the seven days, due to being occupied with my business which takes all my time. Is it permissible for me to delay fasting the seven days? Is it permissible to fast them separately? (Part No. 10; Page No. 410


A: You have to fast the seven remaining days as soon as you are able to do so. It is permissible for you to fast them consecutively or separately. As for having had sexual intercourse with your wife before she performed Sa`y, this is a forbidden act for which both you and she should repent and seek Allah's Forgiveness. She also has to offer a Fidyah (ransom) by slaughtering a sheep, or one seventh share of a camel, or one seventh share of a cow slaughtered in Makkah, and distributing it among the poor people in the Haram (all areas within the Sacred Sanctuary of Makkah). If she is unable to do so, she has to fast for ten days either consecutively or separately. As for her performing Tawaf-ul-Ifadah intending that it will suffice for Tawaf-ul-Wada`, this is not permissible as Tawaf-ul-Ifadah does not take the place of Tawaf-ul-Wada`, because it was not performed after finishing all the rituals of Hajj.; For this she should offer Dam (atonement required of a pilgrim for a willful violation of a prohibition or obligation while in the ritual state for Hajj and `Umrah) by slaughtering a sheep meeting the same conditions for Ud-hiyah (sacrificial animal offered by non-pilgrims), or one seventh share of a camel, or one seventh share of a cow slaughtered in Makkah and distributing it among the poor people in the Haram. If she is unable to do so, she should fast for ten days.May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.


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