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The question

What is the ruling on the marriage of a woman who entered into a state of Ihram for Umrah, then menstruated, and returned to her country without performing the rituals of Umrah, thinking that refusing to perform Umrah was sufficient, and what must she do now?

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

Whoever assumes for a ritual, whether Hajj or , is obligated to complete it. The woman mentioned erred by not completing her Umrah due to menstruation, and she remains in her state of ihram. Therefore, she must refrain from the prohibitions of ihram.

If she stipulated at the time of ihram by saying: "If I am prevented by any hindrance, then my place of release is where I am prevented," and she feared missing her travel companions, then her release is valid and she owes nothing.

If she did not stipulate, then she must return to Mecca to complete her Umrah. If that is not possible for her, she is considered to be in the ruling of one who is prevented (muhsar). She should then release herself by sacrificing a hady (offering) in her country, to be distributed among the poor, or fast ten days if she is unable to do so.

As for her marriage while in ihram, it is invalid according to the majority of scholars. Therefore, the marriage contract must be renewed after she has completed her Umrah. The child, in any case, is attributed to his father because it is a marriage of شبهة (doubt/semblance).

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
113426
Imported
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