What is the penalty if a person engages in sexual relations (wuq'u) before shortening the hair during Umrah?

Chapter on Mentioning Hajj and Entering Makkah

Al-Mughni

Book of Hajj

Book 11 · Issue 4 · Bab 4

Open in Qurani

Primary text

If sexual relations occur before shortening the hair, a sacrificial animal (dam) is due, but the Umrah remains valid. This is the position held by Malik and the Hanafi school (Ashab al-Ra'y). The basis for this ruling is the narration from Ibn Abbas concerning a woman whose husband had relations with her before she shortened her hair; he stated that whoever omits or forgets a rite must offer a blood sacrifice (dam), and if wealthy, slaughter a she-camel. This ruling is supported by the reasoning that since shortening is not a pillar (rukn), its omission or engaging in prohibited acts before it does not invalidate the ritual, analogous to the omission of stoning (rami) in Hajj.

Supporting text

Shafi'i held that the Umrah is invalidated because the person engaged in relations before exiting the state of Ihram for Umrah. 'Ata stated that the person should seek repentance (istighfar).