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The question

What are the scholarly opinions regarding the ruling on contracting a marriage after the first tahallul from the ihram of Hajj?

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

The majority of scholars hold that marriage contracted after the first tahallul (partial exit from ihram) is invalid. Some Shafi‘is, however, maintain its validity, and according to the Hanafis, the marriage of a person in ihram for Hajj or ‘Umrah is valid.

Abu Hanifa: The first tahallul permits all prohibitions except sexual intercourse.

Malik: The first tahallul permits all prohibitions except women and hunting.

Al-Shafi‘i: The first tahallul permits all prohibitions except sexual intercourse, on which there is one established opinion. Regarding the preliminaries of sexual intercourse, contracting marriage, hunting, and perfume, there are two opinions.

Ahmad: The first tahallul permits all prohibitions except sexual intercourse, contracting marriage, and the preliminaries of sexual intercourse.

Al-Nawawi in Al-Majmu‘: Regarding contracting marriage and foreplay (what is less than sexual intercourse), there are two well-known opinions: one is that it is not permissible except after both tahalluls, and the other is that it is permissible after the first.

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167684
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