The kaffaarah for sexual intercourse
190. If he killed a lizard, he is liable to a handful of wheat, and if he unintentionally killed a wasp he is liable to some[21] wheat, but if he killed it to repel its harm, there is no liability [to a kaffaarah]. 191. If a group took part in the hunt,
190. If he killed a lizard, he is liable to a handful of wheat, and if he unintentionally killed a wasp he is liable to some[21] wheat, but if he killed it to repel its harm, there is no liability [to a kaffaarah].
191. If a group took part in the hunt, every one of them is liable to a separate kaffaarah.
192. The kaffaarah of eating the game is the same as the hunt itself. So if a muhrim hunted a game and ate it, he is liable to two kaffaarah’s; one for hunting, and another for eating from it.
193. If one was accompanied by a game, it is obligatory for him to release it when he enters [the limits of] the Haram, and if he did not release it until it died, he is liable to its kaffaarah. Also if someone had hunted an animal when he was not in the state of ihraam, and then declared and assumed ihraam, he must release the game even if he has not entered the Haram.
194. Liability to killing or eating the game is mandatory regardless of whether this was deliberate or by negligence, oversight, or ignorance of the ruling of the case.
2. Sexual intercourse
195. Sexual intercourse is absolutely forbidden for a muhrim, whether one was in a state of ihraam for Hajj or for Umrah.
196. Women are forbidden for muhrim men, just as men are forbidden for muhrim women.
The kaffaarah for sexual intercourse
197. One who is in the state of ihraam for the Umrah of Tamattu‘, if he had finished the sa‘y, but had not done the taqseer, and knowingly and deliberately committed sexual intercourse with his spouse, he is liable to kaffaarah of a camel. If he could not afford it, he should offer a cow, and failing that he must offer a sheep, and his Umrah is valid. If, on the other hand, he committed this before performing the sa‘y he is liable to the kaffaarah and his Umrah is invalidated, and it is obligatory for him to repeat the Umrah if possible.
198. If one had declared and assumed the ihraam for the Hajj, and before the woquf in the Mash‘ar al-Haraam, he knowingly and deliberately committed sexual intercourse with his spouse, if the woman had willingly agreed to it too; the Hajj of both is invalidated. However, they are both obliged to complete the Hajj, and repeat the Hajj in the second year, regardless of whether their Hajj was obligatory or optional (mostahab). If the woman had not willingly agreed to it, her Hajj is not invalidated, and the man must pay two kaffaarah, and the woman is not obliged to anything. Furthermore, it is mandatory to part between the man and woman from where this act was committed during this Hajj, and during the second Hajj until they arrive in the same stage again.[22]
199. If a muhrim for Hajj knowingly and deliberately engages in sexual intercourse with his spouse after the woquf in Mash‘ar al-Haraam and before performing Tawaaf an-Nisa’, he is obliged to offer a kaffaarah but his Hajj is not invalidated. If he committed this act after three-and-a-half cycles of Tawaaf-an-Nisa’, his Hajj is valid, but as a recommended precaution, he should give the kaffaarah. If he did this after the completion of tawaaf-an-Nisa’ and before the prayers of this tawaaf, his Hajj is valid and he is not obliged to give kaffaarah.
200. If a muhrim for the Mufradah Umrah knowingly and deliberately engages in sexual intercourse with his spouse before the sa‘y, he is obliged to offer a kaffaarah and his Umrah is invalidated. However, he must complete this Umrah, and then perform a new ihraam for the Mufradah Umrah, and perform all its rites.
201. If a muhrim for the Mufradah Umrah knowingly and deliberately engages in sexual intercourse with his spouse after Tawaaf-an-Nisa’ and before the prayers of the tawaaf, he is not obliged to a kaffaarah and his Umrah is valid. If this was at a time when the Tawaaf-an-Nisa’ was partially done, his Hajj is not invalidated, but as a recommended precaution, he should give a kaffaarah.
202. If a muhrim woman willingly consents to sexual intercourse, the rulings in her case are the same as those of a man in terms of obligation of the kaffaarah, invalidation of the Hajj, etc.
203. If a muhrim man engages in sexual intercourse with his spouse while not being conversant with the ruling of the case, or due to negligence and oversight, regardless of whether this negligence and oversight was in respect of the rulings of the case or in [him being] in the state of ihraam, his Hajj and Umrah are not invalidated, and he is not obliged to give kaffaarah.
3. Seeking pleasure
204. It is forbidden to seek pleasure from one’s spouse by say kissing, looking, touching, etc. if this was with passion and lust. However, if the touching and looking was without passion or lust, then it is not objectionable. Also hugging is not objectionable if it is not with the intention of pleasure. As for kissing it should be absolutely avoided, as a precaution.
205. All of this is applicable to woman, just as it is for man, and therefore it is not permitted for her to seek pleasure by looking at her husband or touch him with lust or passion, or kiss him.
206. If a muhrim knowingly and deliberately, lustfully kissed his wife, and as a result ejaculated, he is obliged to give a kaffaarah of a camel, and the same is applicable even if he did not ejaculate. If he did not do that out of lust, and he ejaculated, he is obliged to give a kaffaarah of a sheep, and if he did not ejaculate he should give a kaffaarah of a sheep as an obligatory precaution.
207. If a muhrim lustfully touched his wife, and as a result, he ejaculated, he is obliged to give a kaffaarah of camel.
208. If the muhrim lustfully fondled his wife or looked at her, such that as a result he ejaculated, he is obliged to give a kaffaarah of a camel.
209. If a muhrim knowingly and deliberately looked at a non-mahram woman, and as a result ejaculated, regardless of whether it was with or without lust, and regardless of whether or not he had intended the ejaculation, he is obliged to give a kaffaarah of a camel, if he was well off, otherwise he should give a kaffaarah of a cow, or if he was poor he should give a kaffaarah of a sheep. However, if he did not ejaculate he is not liable to a kaffaarah, although by this act he had committed disobedience and sinned.
4. Performing a marriage contract or witnessing it
210. It is forbidden for a muhrim to perform a marriage contract, whether this is for himself or for others, and regardless of it being a permanent, temporary, or proxy marriage, and whether the persons involved were muhrim or non-muhrim. It is also forbidden if someone else performed a marriage contract for him as his agent, even if agency was given to the agent prior to him assuming the state of ihraam.
211. As a precaution, one should also abstain from seeking permission of marriage [from the father or guardian of the girl] even if his intentions are to conclude the marriage contract after the ihraam. As for the return in the case of a divorce, there is no objection to it if it is done during the state of ihraam.
212. It is forbidden for a muhrim to attend a marriage contract ceremony, or witness a marriage contract even for someone else. This is applicable even if the other party was not in the state of ihraam. Also it is forbidden for him to act as witness, even if he agreed to do so when he was not in the state of ihraam.
191. If a group took part in the hunt, every one of them is liable to a separate kaffaarah.
192. The kaffaarah of eating the game is the same as the hunt itself. So if a muhrim hunted a game and ate it, he is liable to two kaffaarah’s; one for hunting, and another for eating from it.
193. If one was accompanied by a game, it is obligatory for him to release it when he enters [the limits of] the Haram, and if he did not release it until it died, he is liable to its kaffaarah. Also if someone had hunted an animal when he was not in the state of ihraam, and then declared and assumed ihraam, he must release the game even if he has not entered the Haram.
194. Liability to killing or eating the game is mandatory regardless of whether this was deliberate or by negligence, oversight, or ignorance of the ruling of the case.
2. Sexual intercourse
195. Sexual intercourse is absolutely forbidden for a muhrim, whether one was in a state of ihraam for Hajj or for Umrah.
196. Women are forbidden for muhrim men, just as men are forbidden for muhrim women.
The kaffaarah for sexual intercourse
197. One who is in the state of ihraam for the Umrah of Tamattu‘, if he had finished the sa‘y, but had not done the taqseer, and knowingly and deliberately committed sexual intercourse with his spouse, he is liable to kaffaarah of a camel. If he could not afford it, he should offer a cow, and failing that he must offer a sheep, and his Umrah is valid. If, on the other hand, he committed this before performing the sa‘y he is liable to the kaffaarah and his Umrah is invalidated, and it is obligatory for him to repeat the Umrah if possible.
198. If one had declared and assumed the ihraam for the Hajj, and before the woquf in the Mash‘ar al-Haraam, he knowingly and deliberately committed sexual intercourse with his spouse, if the woman had willingly agreed to it too; the Hajj of both is invalidated. However, they are both obliged to complete the Hajj, and repeat the Hajj in the second year, regardless of whether their Hajj was obligatory or optional (mostahab). If the woman had not willingly agreed to it, her Hajj is not invalidated, and the man must pay two kaffaarah, and the woman is not obliged to anything. Furthermore, it is mandatory to part between the man and woman from where this act was committed during this Hajj, and during the second Hajj until they arrive in the same stage again.[22]
199. If a muhrim for Hajj knowingly and deliberately engages in sexual intercourse with his spouse after the woquf in Mash‘ar al-Haraam and before performing Tawaaf an-Nisa’, he is obliged to offer a kaffaarah but his Hajj is not invalidated. If he committed this act after three-and-a-half cycles of Tawaaf-an-Nisa’, his Hajj is valid, but as a recommended precaution, he should give the kaffaarah. If he did this after the completion of tawaaf-an-Nisa’ and before the prayers of this tawaaf, his Hajj is valid and he is not obliged to give kaffaarah.
200. If a muhrim for the Mufradah Umrah knowingly and deliberately engages in sexual intercourse with his spouse before the sa‘y, he is obliged to offer a kaffaarah and his Umrah is invalidated. However, he must complete this Umrah, and then perform a new ihraam for the Mufradah Umrah, and perform all its rites.
201. If a muhrim for the Mufradah Umrah knowingly and deliberately engages in sexual intercourse with his spouse after Tawaaf-an-Nisa’ and before the prayers of the tawaaf, he is not obliged to a kaffaarah and his Umrah is valid. If this was at a time when the Tawaaf-an-Nisa’ was partially done, his Hajj is not invalidated, but as a recommended precaution, he should give a kaffaarah.
202. If a muhrim woman willingly consents to sexual intercourse, the rulings in her case are the same as those of a man in terms of obligation of the kaffaarah, invalidation of the Hajj, etc.
203. If a muhrim man engages in sexual intercourse with his spouse while not being conversant with the ruling of the case, or due to negligence and oversight, regardless of whether this negligence and oversight was in respect of the rulings of the case or in [him being] in the state of ihraam, his Hajj and Umrah are not invalidated, and he is not obliged to give kaffaarah.
3. Seeking pleasure
204. It is forbidden to seek pleasure from one’s spouse by say kissing, looking, touching, etc. if this was with passion and lust. However, if the touching and looking was without passion or lust, then it is not objectionable. Also hugging is not objectionable if it is not with the intention of pleasure. As for kissing it should be absolutely avoided, as a precaution.
205. All of this is applicable to woman, just as it is for man, and therefore it is not permitted for her to seek pleasure by looking at her husband or touch him with lust or passion, or kiss him.
206. If a muhrim knowingly and deliberately, lustfully kissed his wife, and as a result ejaculated, he is obliged to give a kaffaarah of a camel, and the same is applicable even if he did not ejaculate. If he did not do that out of lust, and he ejaculated, he is obliged to give a kaffaarah of a sheep, and if he did not ejaculate he should give a kaffaarah of a sheep as an obligatory precaution.
207. If a muhrim lustfully touched his wife, and as a result, he ejaculated, he is obliged to give a kaffaarah of camel.
208. If the muhrim lustfully fondled his wife or looked at her, such that as a result he ejaculated, he is obliged to give a kaffaarah of a camel.
209. If a muhrim knowingly and deliberately looked at a non-mahram woman, and as a result ejaculated, regardless of whether it was with or without lust, and regardless of whether or not he had intended the ejaculation, he is obliged to give a kaffaarah of a camel, if he was well off, otherwise he should give a kaffaarah of a cow, or if he was poor he should give a kaffaarah of a sheep. However, if he did not ejaculate he is not liable to a kaffaarah, although by this act he had committed disobedience and sinned.
4. Performing a marriage contract or witnessing it
210. It is forbidden for a muhrim to perform a marriage contract, whether this is for himself or for others, and regardless of it being a permanent, temporary, or proxy marriage, and whether the persons involved were muhrim or non-muhrim. It is also forbidden if someone else performed a marriage contract for him as his agent, even if agency was given to the agent prior to him assuming the state of ihraam.
211. As a precaution, one should also abstain from seeking permission of marriage [from the father or guardian of the girl] even if his intentions are to conclude the marriage contract after the ihraam. As for the return in the case of a divorce, there is no objection to it if it is done during the state of ihraam.
212. It is forbidden for a muhrim to attend a marriage contract ceremony, or witness a marriage contract even for someone else. This is applicable even if the other party was not in the state of ihraam. Also it is forbidden for him to act as witness, even if he agreed to do so when he was not in the state of ihraam.