Question
I am in the Kingdom of Saudi Arabia and my wife will come from my country (to visit me). Is it permissible for me to have sexual intercourse with her before going to ‘Umrah and visiting Al-Madeenah Al-Munawwarah, noting that I have not seen her for six months?
Fatwa
All perfect praise be to Allah, the Lord of the worlds. I testify that there is none worthy of worship except Allah, and that Muhammad is His Slave and Messenger.
If your wife will assume Ihraam (ritual consecration) pilgrimage for ‘Umrah before meeting you, as when she will pass by the Meeqaat (designated points for assuming Ihraam) with the intention of performing ‘Umrah and therefore she will assume Ihraam, then there is no doubt that it is impermissible to have sexual intercourse with her under such circumstances. She will be in a state of Ihraam, and sexual intercourse is one of the greatest restrictions of Ihraam for it invalidates the ‘Umrah.
The Hanbali scholar Ibn Qudaamah said, "Sexual intercourse before ending Ihraam invalidates ‘Umrah and one is required to slaughter a sheep as compensation (for that) as well as make up for the ‘Umrah. Ash-Shaafi‘i said, 'He is required to make up for the ‘Umrah and offer a sacrificial animal because it (‘Umrah) is an act of worship including Tawaaf (circumambulation) and Sa‘y (walking between Mounts As-Safa and Al-Marwah) and therefore it is similar to Hajj.'"
Likewise, if your wife will pass by the Meeqaat with the intention of performing ‘Umrah, it is impermissible for her to delay Ihraam until you have had sexual intercourse with her, and this is the view of the majority of scholars,. Rather, she is required to assume Ihraam from the Meeqaat and then complete the rituals of ‘Umrah. In the Hadeeth in which the Prophet specified the Meeqaats, he said: "These (Meeqaats) are for the people at those locations and for those who come through those places with the intention of performing Hajj and ‘Umrah…" [Al-Bukhari and Muslim]
If she passes the Meeqaat without assuming Ihraam, she is required to go back to it and assume Ihraam. If she assumes Ihraam after she passes the Meeqaat, she is required to offer a sacrificial animal as compensation. Nevertheless, some scholars, mainly Shaafi‘i scholars, are of the view that it is permissible to pass the Meeqaat without assuming Ihraam if the pilgrim intends to return to the Meeqaat again, or go to a farther Meeqaat, in order to assume Ihraam from there.
Consequently, if your wife delays Ihraam until she assumes Ihraam from the Meeqaat of the people of Madeenah, this is permissible, if Allah wills. It is clear that it is permissible in such a case to have sexual intercourse with your wife before assuming Ihraam.
And Allah knows best.