Section IV: Foreplay
Firstly: Ruling of fondling women during Ihram
It is haram to fondle women [1004] Fondling women means touching them but stopping short of sexual intercourse. Al-Shinqiti says: “Realize that they are in agreement that foreplay – such as kissing, intercrural sex, touching with the purpose of enjoyment – is haram for one in ihram. However, they differ regarding what is due of one who does such acts.” (Adwa’ al-Bayan, 5/30) during the rites. This is by agreement of the four schools of jurisprudence.
Secondly: Does fondling women short of intercourse invalidate the rites?
Fondling women, short of sexual intercourse, does not invalidate the rites. This is by agreement of the four schools of jurisprudence.
Thirdly: Expiation for fondling without orgasm
Whoever fondles but does not reach orgasm has to offer blood or its substitutes in terms of feeding the needy or fasting. This is the position of the Shafi`is, Hanbalis, and a group of the Salaf. This is the chosen position of Ibn `Uthaymin.
Fourthly: Ruling of reaching orgasm through fondling
Whoever fondles and reaches orgasm does not invalidate their rites. They are required to offer the expiation for suffering: blood or its substitutes in terms of feeding the needy or fasting. This is the position of the Hanafi and Shafi`i schools. This is the chosen position of Ibn `Uthaymin.
feqhia
