Is it a condition for a valid Hajj in Tamattu' that it be preceded by a valid 'Umrah, taking into consideration the invalidation of the 'Umrah by sexual intercourse and not making it up before Hajj, and does that affect the validity of Hajj or its Ihram?
Whoever has sexual intercourse during Umrah has invalidated their Umrah, and they must repent, offer a fidyah (expiatory sacrifice), and perform the invalidated Umrah again. If they invalidate the Umrah and then combine it with Hajj, the jurists differ on the ruling of their ihram for Hajj:
- The Hanbalis: Their ihram for Hajj is not valid. - The Shafiis: Their Hajj becomes invalid, according to the more sound opinion. - The Malikis: Their Hajj is valid, and they are considered a mutamatti (one performing Umrah and Hajj in the same journey) if the Umrah was during the months of Hajj and they had exited its state of ihram. They must perform the invalidated Umrah after their Hajj. - The Hanafis: Their Hajj becomes invalid, and they are obliged to perform it again. They are neither a mutamatti nor a qarin (one combining Umrah and Hajj with one ihram).
Scholar Al-Sadi holds the view that it is valid to combine Hajj with an invalidated Umrah, because each ritual is independent.
In summary: Whoever invalidates their Umrah must perform it again before entering ihram for Hajj. If they do not do so and combine it with Hajj, the majority of scholars hold that their Hajj is not valid, while the Malikis believe their Hajj is valid.
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/191137
- Source platform
- Ftawy
- Original fatwa ID
- 191137
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
- Read the full answer on Ftawy