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The question

Does fondling, kissing, embracing with desire, and experiencing an emission without penetration invalidate the 'Umrah and annul the state of Ihram if done by a husband and wife after entering into Ihram and before performing the 'Umrah?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

If the foreplay occurred intentionally and not out of forgetfulness, then both of you are sinful. If it resulted in ejaculation, your is valid, and you must sacrifice a sheep, though some scholars deem a camel necessary. If it was out of forgetfulness, there is nothing upon you. If your husband forced you, there is no sin upon you, and the expiation is solely upon him.

According to An-Nawawi, foreplay with desire, such as thighing, kissing, and touching by hand with desire, is forbidden for a pilgrim before the two stages of exiting . Whoever intentionally engages in foreplay with desire must offer an expiation (a sheep or its equivalent), but this foreplay does not invalidate the ritual. If one does so out of forgetfulness, there is no expiation upon him.

Ibn Qudamah holds the view that whoever ejaculates must offer a camel. Regarding the invalidation of Hajj due to this, there are two narrations: one states it invalidates it, and the other states it does not invalidate it, which is the sounder view, Allah willing.

It is permissible to appoint someone to sacrifice the sheep or camel on your behalf.

Summarized from the full answer at Ftawy · imported

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Where this answer came from
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Ftawy
Original fatwa ID
90477
Imported
Translation status
Source text, unreviewed
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