Fatwaa ID: 1449

Question:
Assalamo Aleikum,

A couple, both husband and wife were doing Hajj-e-Qiran. After both of them cut their hair, but before Tawaf-e-Ziyarah, they had some sexual discussion and sexual contact (foreplay), though there was no intercourse or orgasm. They did not realize that this was not allowed.

What should they give as compensation? Should it be Sadaqah, or should it be Damm? If Damm, then should in be 2 goats for each of them, as they were doing Qiran, or 1 for each of them, as their Umrah ihram was completed at hair cutting. Or should it be camels?

Answer:
In the Name of Allaah, the Most Gracious, the Most Merciful.
As-salaamu ‘alaykum wa-rahmatullaahi wa-barakaatuh.

In the enquired query, we note that there was no penetrative intercourse. The couple only engaged in sexual discussions and foreplay. Accordingly, one dam, i.e., one sheep or goat will be compulsory upon each of them. This must be slaughtered in the Haram Sanctuary.

If penetrative intercourse was to happen between the couple, then the penalty would have been two dams each. Some jurists opine that one camel each would have to be sacrificed instead.

And Allaah Ta’aala knows best.
Mufti Muajul I. Chowdhury
Darul Iftaa New York
https://askthemufti.us/

12/20/1444 AH – 07/08/2023 CE | 467

وصل اللهم وسلم وبارك على سيدنا محمد وعلى ءاله وصحبه أجمعين

معلم الحجاج (ص 222)

You may reach out to Mufti Nayeem Qasimi at https://hajjsolutions.com/ to facilitate all types of dams in the Haram Sanctuary throughout the year.

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