Thinking that Ghusl is not due unless there is ejaculation out of ignorance
Fatwa No: 32329

Question

I am a newlywed young man. I thought that Ghusl is not due, even if one inserted his whole penis inside his wife’s vagina, unless there is ejaculation from either of them. Then I came to know the grave mistake that we made. What is the Sharee‘ah ruling on this? Is there a Kaffaarah (expiation) due? What is the Sharee‘ah ruling on the prayers as well as other acts of worship which we performed without Ghusl, taking into consideration that we did this out of ignorance?

Answer

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His Slave and Messenger.

Ghusl for Janaabah is obligatory for both the husband and wife when there is penetration, even without ejaculation. The Prophet, sallallaahu ‘alayhi wa sallam, said: "When a man sits in between the four parts of a woman and has sexual intercourse with her (by penetration), Ghusl becomes obligatory." [Al-Bukhari]

‘Aa’ishah narrated that the Prophet, sallallaahu ‘alayhi wa sallam, said: "When a man sits in between the four parts of a woman and the two circumcised parts touch each other, Ghusl becomes obligatory." [Muslim]

Consequently, you are required to make up all the past prayers which you performed without Ghusl. It is known that purification is a prerequisite for prayer. The Prophet, sallallaahu ‘alayhi wa sallam, said: "Prayer is not accepted without purification." [Al-Bukhari and Muslim]

Likewise, if you performed Hajj in this state, it is invalid because one of its pillars, which is Tawaaf (circumambulating the Ka‘bah) is invalid. Since Tawaaf is like prayer, it is not valid unless one performs it while he is in a state that requires neither Wudhoo’ (ablution) nor Ghusl. The Prophet, sallallaahu ‘alayhi wa sallam, said: "Tawaaf is prayer except that Allaah Has Made talking in it lawful. So, whoever speaks let him say something good." [At-Tirmithi, Ad-Daaraqutni and Ibn Khuzaymah]

Nevertheless, you are not required to give any form of Kaffaarah. Rather, you are required to make up the past obligatory prayers as well as Hajj. Meanwhile, you are required to know the rulings of the individual obligations, such as prayer, Zakah, fasting and Hajj. You should also learn whatever you are able to of the Sharee‘ah sciences in order to worship Allaah with sure knowledge and according to His Sharee‘ah. You are required to intensify asking for forgiveness due to your negligence in knowing well the acts of worship that are obligatory upon you.

Allaah Knows best.

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