Q: I set out to perform `Umrah (lesser pilgrimage) almost six years ago.
During Tawaf (circumambulation of the Ka`bah), I had my menses. I continued my Tawaf and Sa`y (going between Safa and Marwah during Hajj and `Umrah) and I completed the `Umrah.
It should be noted that I know that Tawaf in my case was impermissible. However, I thought that my `Umrah was invalid and that my Ihram (ritual state for Hajj or `Umrah) came to an end once my `Umrah became invalid. It should be considered that I got married after time. So, what is the ruling on my marriage contract? May Allah reward you with the best!
If the case is as you mentioned, then your marriage contract is invalid since it was concluded while you were in the state of Ihram. Hence, your husband must stop having intercourse with you and you have to return to
Makkah and perform Tawaf and Sa`y and shorten your hair to make up for the `Umrah that was invalidated by sexual intercourse. Then you should go to the Miqat (site for entering the ritual state for Hajj or `Umrah) from where you assumed the state of Ihram for your first `Umrah and assume Ihram for a new `Umrah as a compensation for the invalid `Umrah. Moreover, your marriage contract must be renewed and you must 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), a sheep meeting the same conditions for Ud-hiyah (sacrificial animal offered by non-pilgrims) to be slaughtered in
Makkah and distributed among the poor people in the Haram (all areas within the Sacred Sanctuary of Makkah). (Part No. 10; Page No. 378) May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.