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Damm during Umrah


Question:

Assalamualaikum After finishing our umrah, we passed through taif and then while returning we made niyaath of umrah from juhfa meeqat , before performing tawaf haidh started for wife the next day we travelled to madina ( wife in state of ihram ) with intention of returning to perform the tawaf and saee , in Medina I played and kissed my wife with shawath while she was unwilling and in ihram due to the long duration mani also come out. Should I give dam If financially weak can I delay dam Jazakallah khair


Answer:

In the name of Allah, the most compassionate, the most merciful


Wa alaikum salam wa rahmatullahi wa barakatuhu


1)If a husband kisses his wife and touches her with desire, he must pay compensatory sacrifice (damm)


Allah, may He be exalted, says (interpretation of the meaning):

{Hajj is [during] well-known months, so whoever has made hajj obligatory upon himself therein [by entering the state of ihram], there is [to be for him] no sexual relations and no disobedience and no disputing during hajj. And whatever good you do - Allah knows it. And take provisions, but indeed, the best provision is fear of Allah. And fear Me, O you of understanding} [al-Baqarah 2:197].


Ibn Katheer (may Allah have mercy on him) said:

The words {no sexual relations} mean: the one who enters ihram for Hajj or ‘umrah must avoid sexual relations, which means intercourse, as Allah, may He be exalted, says elsewhere (interpretation of the meaning): {It has been made permissible for you the night preceding fasting to go to your wives [for sexual relations]} [al-Baqarah 2:187]. Similarly, it is prohibited to do anything that leads to intercourse such as touching, kissing and the like, or speaking of such matters in the presence of women." (Tafseer Ibn Katheer 1/543).

Abu Bakr al-Jassaas (may Allah have mercy on him) said:


The ummah is unanimously agreed that if a man kisses his wife with desire whilst in ihram, he must offer a compensatory sacrifice. That was narrated from ‘Ali, Ibn ‘Abbaas, Ibn ‘Umar, al-Hasan, ‘Ata’, ‘Ikrimah, Ibraaheem, Sa‘eed ibn al-Musayyab and Sa‘eed ibn Jubayr, and it is the view of the fuqaha’ of all regions.


2) Can damm be delayed?


If damm becomes compulsory on a person, it must be fulfilled within the sacred precinct (the Haram). If damm were compulsory on a person, but one had already returned home, one may appoint a Wakeel (representative) do so on his/her behalf, even after the time of Hajj. However it is undesirable to delay the paying of the damm.


And Allah knows best

Umer Farooq Saleem


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