Observing the rituals of Ihram and staying away from the things that violate its conditions
Q: One of my relatives went with his mother and wife to
for `Umrah (lesser pilgrimage). They all assumed Ihram (ritual state for Hajj or `Umrah) from the Miqat (site for entering the ritual state for Hajj or `Umrah). When his mother reached the Haram, she asked that they give her the children to look after while he took his wife to perform the `Umrah; the mother herself did not perform `Umrah. Is there anything upon her concerning this matter, which occurred during the month of Rajab in 1416 A.H.? If her husband was intimate with her during this time, what is due on her to do? May Allah reward you well.
If the reality is as you mentioned in the question, that woman must
observe the rituals of Ihram and stay away from the things that violate its conditions because she has been in a state of `Umrah. Therefore, she has to go to
Makkah and perform the `Umrah for which she entered into Ihram. This is because whoever enters Ihram to perform the rituals (of `Umrah or Hajj) must observe them. (Part No. 10; Page No. 381) It is impermissible to refuse to perform the rituals, based on Allah's Words:
And perform properly (i.e. all the ceremonies according to the ways of Prophet Muhammad صلى الله عليه وسلم), the Hajj and ‘Umrah (i.e. the pilgrimage to Makkah) for Allâh.
If the woman engaged in intercourse with her husband during this period, then her `Umrah has invalidated and she must continue it and conclude it with Tawaf (circumambulation of the Ka`bah) and Sa`y (going between Al-Safa and Al-Marwah) and shortening her hair. Then she has to return to the Miqat (site for entering the ritual state for Hajj and `Umrah) from which she entered Ihram for the first `Umrah which was nullified by engaging in intercourse, assume Ihram from there for another `Umrah and make up for the first one. Then she has to perform the `Umrah in full as well as offer a Fidyah (ransom) by offering one sheep meeting the same conditions for Ud-hiyah (sacrificial animal offered by non-pilgrims)to be slaughtered in
Makkah and distributed to the poor there. If she cannot find any poor individuals, she is to fast ten days for nullifying her `Umrah by engaging in sexual intercourse and make Tawbah (repentance to Allah) for what she did.May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.