Going for Hajj During ‘Iddah (the post-marriage waiting period):

Allah The Almighty holds in great esteem the right of the husband. Therefore, He has prescribed upon the wife the period of ‘Iddah after the death of her husband during which she may not go for Hajj, for she is obliged to stay at home at that time. If she goes for Hajj but her husband dies while she is still nearby, she should return to spend the period of ‘Iddah at home. However, if she is far, then she may proceed because she has to travel anyway and traveling for Hajj takes precedence here.

With regards to the ‘Iddah of an irrevocable divorce, the scholars have stated that it is permissible for her to go for Hajj during the ‘Iddah of an irrevocable divorce. However, she who has a revocable divorce is still considered a wife; so, she may not go without his permission to voluntary Hajj.

Perfuming the Husband:

It is recommended for a person in a state of Ihraam to perfume his body before he enters the state of Ihraam, for ‘Aa’ishah said, "I applied perfume to the Messenger of Allah with my own hand before he entered the state of Ihraam and as he concluded it before performing Tawaaf around the House." She also said, "It is as if I can still see the glistening of the perfume in the place where the hair was parted on the head of the Messenger of Allah while he was in the state of Ihraam." [Al-Bukhari and Muslim] Therefore, we deduce that the wife may perfume her husband before his Ihraam on his body, but not his clothes.

On the other hand, women may not wear perfume, especially when they pass by men.

Ishtiraat (Stipulation):

O spouses, of course you know that one never knows what may happen to them while traveling, and this is why it is recommended to make Ishtiraat. Dhubaa‘ah Bint Az-Zubayr said, "'O Messenger of Allah, I intend to perform Hajj but I am often ill.' The Prophet said to her: "Intend to perform Hajj and stipulate something by saying, 'O Allah, I will finish my Ihraam at any place where You stop me (i.e., where I may be unable to proceed, further).'" [Al-Bukhari and Muslim]

It is permissible for a woman to take medications that delay her menses. Shaykh Ibn Baaz was asked, "Is it permissible for a woman to take pills to delay her menses in order to perform the obligation of Hajj? Is there another solution?"

His answer was, "It is permissible for her to take pills to delay her menses during Ramadan in order to fast with the people and in the days of Hajj in order to perform Tawaaf with the people so as to not be deprived of the acts of Hajj. If there is anything other than pills that prevents menses, there is no blame either, as long as it contains nothing lawfully prohibited or harmful."

This Stipulation Entails Two Things:

First: if she is impaired by an illness or whatever, she may disengage from Ihraam.

Second: if she disengages from Ihraam due to this, she is not obliged to offer a sacrifice or anything else.

Concluding a Marriage Contract, Intercourse and Foreplay During Ihraam for Hajj and ‘Umrah:

Concluding marriage contracts is among the things that are restricted by Ihraam. It is impermissible for a person in a state of Ihraam to conclude a marriage contract for himself or for another person. Also, a contract may not be concluded on behalf of a person in a state of Ihraam. ‘Uthmaan Ibn ‘Affaan narrated that the Prophet said: "A person in a state of Ihraam must not contract marriage, nor help others contract marriage, nor get engaged for marriage." [Muslim]

If he does, then the marriage is invalid because the prohibition entails the invalidity of the prohibited act. However, it is permissible to take the wife back (following a revocable divorce) as this is considered retention. This is proved by the verse in which Allah The Almighty Says (what means): {…either retain them according to acceptable terms or release them according to acceptable terms…..} [Quran 2:231] Moreover, taking the wife back is permissible without a guardian, witnesses or her consent. Thus, this was not prohibited as this is akin to retaining her by abandoning divorce. Moreover, reuniting is recommended to protect the family from disintegration and the marriage from destruction.

Sexual intercourse is also among the matters restricted by Ihraam. Allah The Exalted Says (what means): {Hajj is [during] well-known months, so whoever has made Hajj obligatory upon himself therein [by entering the state of Ihraam], there is [to be for him] no sexual relations and no disobedience and no disputing during Hajj….} [Quran 2:197]

If Intercourse does Take Place Before the First Disengagement from Ihraam, this Entails Five Matters:

1)   The invalidity of the rituals.

2)   They should nevertheless still complete the rituals.

3)   They should make up for it the next year.

4)   They should pay a ransom (expiation) which is a camel for each of them and a sheep in case of ‘Umrah. If the wife was forced, she does not have to pay.

5)   They are considered sinful for this act.

There is no difference between doing this intentionally or out of forgetfulness according to the opinion of the majority of scholars.

If intercourse happens after the first disengagement of Ihraam, then the rituals are not invalidated and he is only required to slaughter a sheep. If the woman was forced, she is not required to pay the ransom.

Note: Complete disengagement from Ihraam requires four things: Casting pebbles, shaving or shortening the hair, and performing Tawaaf (and Sa‘y). The first disengagement requires only two of three things: Casting the pebbles, shaving or shortening the hair or performing Tawaaf.

The second disengagement takes places with the remaining things.

Sexual contact outside the vagina is also prohibited: if ejaculation takes place, his Hajj is not invalidated but he is obliged to slaughter a camel. In addition, he is obliged to slaughter a camel if ejaculation occurs because of a kiss, repeated gazing or lustful touching. If there is no ejaculation, he is obliged to slaughter a sheep.

The Married Couple in Hajj - IV