To marry or even to propose to a woman

Q: In 1401 A. H. I went to Makkah Al-Mukarramah during Ramadan to perform `Umrah (lesser pilgrimage) and this was the first time for me to go to Makkah. I thus entered the state of Ihram (ritual state for Hajj and `Umrah) when I reached the Miqat (site for entering the ritual state for Hajj and `Umrah), then we reached Al-Bayt-ul-Haram (the Sacred House, another name for the Ka`bah). I started to do Tawaf (circumambulation of the Ka`bah) while I was not in Wudu' (ablution). I did so because I was ignorant of the ruling not because of forgetfulness. After we had finished Tawaf one of my companions said: "Let's pray the two Rak`ahs (units of Prayer) of Tawaf." Thereupon I did not know how I could offer Prayer (Salah) while I am not in Wudu'. This situation makes me not forget that I did the Tawaf without being in Wudu'. I then terminated my `Umrah by shortening my hair. However, shortening the hair did not comprise the whole head; I only shortened very few hairs that it was difficult to notice that any shortening was done at all.On the other hand, in 1402 A. H. I concluded the contract of my marriage and in 1403 A. H. I went to Makkah Al-Mukarramah to perform my second `Umrah. I hope that my second `Umrah is proper though I shortened my hair in the same way I did for the first `Umrah i.e. shortening the hair did not comprise the whole head. This second `Umrah was done in the month of Rajab or Sha`ban; I am not sure. Any way, in 1403 A. H. I consummated my marriage during the month of Dhul-Hijjah. (Part No. 18; Page No. 251) Afterwards, in 1405 A. H. I went for Hajj with a group of brothers and a shaykh accompanied us. The shaykh, may Allah reward him with the best, would utilize time for teaching us beneficial things. He thus told us that Taharah (ritual purification) is a condition of validity of Tawaf. He mentioned that someone who performs Hajj or `Umrah and does not meet the conditions or Rukns (integrals) thereof leaves Makkah while they are still in Ihram and they then indulge in Mahdhurat-ul-Ihram (forbidden acts during Ihram). The shaykh started to count Mahdhurat-ul-Ihram and he mentioned the conclusion of contracts of marriage as being one of them. I asked him about my Tawaf that I did for my first `Umrah in 1401 A. H. And he answered that such a Tawaf was not sufficient (for a valid `Umrah). I also asked him about the contract of my marriage that was done after I had left Makkah but while I was still in Ihram. He did not answer. He mentioned that he was unable to do so. However, he advised me to ask another shaykh who was neighboring us in Mina at that time. I thus asked that other shaykh about performing Tawaf while not being in Taharah.Then I asked the concerned shaykh about the ruling on the contract of my marriage that I did while I was in Ihram. The shaykh, may Allah reward him with the best, answered that it is a controversial matter; then he said that I do not have to adopt any measures. Whereupon I stopped inquiring about the matter.On one of the nights of 1408 A. H. Or 1409 A. H.; I am not sure, I was listening to the program of Nur `Ala Al-Darb while I was going to work. Someone asked about breaking their Wudu' while making Tawaf. The shaykh, may Allah reward him with the best, answered that their Tawaf was invalid and that they were still in their Ihram. The shaykh continued that if they indulged in any of Mahdhurat-ul-Ihram, (Part No. 18; Page No. 252) they would have to offer a sacrifice. The shaykh mentioned that contracts which are done by a person in Ihram are invalid whether such a person concludes the concerned contract for themselves or on behalf of somebody else. It is worth mentioning that the guest of that episode was mostly his Eminence Dr. Shaykh Salih Al-Fawzan. Moreover, I read several books which all mention that Taharah from major and minor ritual impurity is a condition of validity of Tawaf and that marriage contracts which are concluded by persons in Ihram are invalid.Besides, during the month of Dhul-Hijjah in 1410 A. H. I visited the Office of Da`wah and Guidance in Tabuk. I thus got some books including a book by your Eminence entitled Important Fatwas relating to Hajj and `Umrah. One of the questions which are included in the book mentioned above is whether Taharah is necessary for Tawaf and Sa`y (going between Safa and Marwah during Hajj). Your Eminence answered that Taharah is necessary for Tawaf only. Dear shaykh! I have been confused and distressed since I read the book mentioned above. I hope that Allah enables your Eminence to guide me to the more proper and precautionary ruling on this whole matter. My questions are: 1- Is it a valid Tawaf; the one I did without being in Taharah for my first `Umrah in 1401 A. H. During Ramadan and is such `Umrah valid? 2- In case that the Tawaf mentioned above is not sufficient, does this mean that I left Makkah while I was in Ihram? (Part No. 18; Page No. 253) 3- In case that I left Makkah after doing my first `Umrah during Ramadan in 1401 A. H. While I was in Ihram, this means that I concluded the contract of my marriage while I was in Ihram. Is such a marriage contract valid? It is noteworthy that I performed my second `Umrah after I had concluded the contract of my marriage i.e. the concerned marriage contract took place between the first `Umrah and the second one. I adjure you by Allah to guide me to the more proper and precautionary ruling on this problem of mine. May Allah reward you with the best for benefiting Islam and Muslims.

A: Firstly: Your first `Umrah was not completed and you remained in a state of Ihram after it. This is because you made Tawaf while you were not in Taharah and the latter is one of conditions of validity of Tawaf. Secondly: Since the contract of your marriage took place while you were in Ihram, it is considered invalid for marriage contracts of people in Ihram for Hajj or `Umrah are invalid. Proof for the foregoing is a Hadith in which the Prophet (peace be upon him) said: A Muhrim (a pilgrim in the state of Ihram) should not marry, or give in marriage, or betroth. (Related by Muslim in his Sahih (authentic) Book of Hadith). Thirdly: You do not have to offer any Fidyah (ransom) for concluding the contract of your marriage, putting on (Part No. 18; Page No. 254) Makhit (clothes sewn to fit body limbs), covering the head, cutting the hair, trimming the nails, or applying perfume while you were in Ihram. Fourthly: The second `Umrah that you performed in Rajab or Sha`ban in 1403 A. H. Is sufficient for making Tahallul (removal of the ritual state for Hajj and `Umrah) from your first `Umrah. Fifthly: Since the consummation of your marriage was based on an invalid contract of marriage, you have to stop the marital relationship with your wife until you renew the contract of your marriage. However, your children that you had from this marriage until this Fatwa reaches you are your Shar`y (Islamic legal) children because you had a suspected marriage as you were ignorant of the ruling on the matter. If your wife is pregnant at the time you receive the Fatwa, her baby will be legitimate and ascribed to you as well. Sixthly: Because you did not do the Shar`y shortening for your second `Umrah, you have to make a Fidyah (ransom) in the form of a sacrifice to be slaughtered at Makkah and distributed amongst the Faqirs (poor people) of Al-Haram (the Sacred Mosque in Makkah). Doing so is to make you blameless and precautious with regard to matters of your `Ibadah (worship). It will also make you avoid the differences of some scholars. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.