| 2 feqhia


Section III: That which Necessitates the Maximum Expiation (Sexual Intercourse)

Firstly: The Ruling of Engaging in Sexual Intercourse While in Ihram
Sexual intercourse in the vagina is haram during ihram and invalidates his rites. Consensus on sexual intercourse being haram during ihram was related by Ibn `Abd al-Barr, Ibn Rushd, and al-Nawawi.
Consensus on sexual intercourse invalidating rites was related by Ibn al-Mundhir, Ibn Hazm, al-Shirbini, Ibn Muflih, and al-Shinqiti.
Secondly: When Sexual Intercourse Invalidates Hajj
1. Sexual intercourse before standing at `Arafah
Whoever engages in sexual intercourse before standing at `Arafah invalidates their Hajj. Consensus on this was related by Ibn al-Mundhir, Ibn Hazm, Ibn `Abd al-Barr, Ibn Rushd, al-Zayla`i, and al-Shirbini.


2. Sexual intercourse after standing at `Arafah and before the first release
Whoever engages in sexual intercourse after standing at `Arafah and before the first release invalidates their Hajj. This is the position of the majority: the Malikis (according to the well-known position), Shafi`is, and Hanbalis.


3. Sexual intercourse after the first release
Whoever engages in sexual intercourse after the first release does not invalidate the rite of Hajj. This is by agreement of the four schools of jurisprudence. It is the position of a group of the Salaf.
Thirdly: When Sexual Intercourse Invalidates `Umrah
1. Sexual intercourse before circumambulation
If one performing `umrah has sexual intercourse before circumambulation, their `umrah is invalid. This is the chosen position of Ibn al-Mundhir and al-Shinqiti.
2. Sexual intercourse before walking between Safa and Marwah
If one performing `umrah has sexual intercourse before walking between Safa and Marwah, their `umrah is invalid. This is the position of the majority: the Malikis, Shafi`is, Hanbalis, and Abu Thawr.
3. Sexual intercourse after walking between Safa and Marwah but before cutting the hair
If one performing `umrah has sexual intercourse after walking between Safa and Marwah but before cutting their hair, their `umrah is not invalid. This is the position of the majority: the Hanafis, Malikis, and Hanbalis.
Fourthly: What Having Sexual Intercourse during the Rites Entails
Having sexual intercourse during Hajj entails five things:
1. Sin.
2. Invalidation of their rites.
The previous two points have already been discussed.
3. Continuing with the performance of the rites despite being invalid
This is by agreement of the four schools of jurisprudence. This is the position of the majority of scholars and a group of the Salaf.
4. Making up Hajj is wajib
Consensus on this was related by Ibn al-Mundhir, al-Nawawi, and al-Shirbini.
5. Expiation
Expiation is wajib for whoever invalidates their Hajj through sexual intercourse. [1000] Consensus on this was related by Ibn al-Mundhir. A camel is due from whoever does this. This is the position of the majority: the Malikis, Shafi`is, Hanbalis, and a group of the Salaf.
Expiation in `umrah
Expiation is wajib upon whoever invalidates their `umrah through sexual intercourse. A sheep or goat is required of them. This is the position of the Hanafi and Hanbali schools. This is the chosen position of Ibn Baz and Ibn `Uthaymin.
Fifthly: The Invalidation of a Woman’s Rites due to Sexual Intercourse
A woman’s rites are unconditionally invalidated by sexual intercourse. [1001] Ibn Qudamah says: “As for Hajj being invalidated, there is no difference between the woman being forced or consenting. We know no difference regarding this.” (Al-Mughni, 3/309) If she consented, then she must slaughter a camel, like a man would. [1002] This is if she is performing Hajj. If she is performing `umrah, then she offers a sheep or goat. If she was forced, no hady is due from her. This is the position of Maliki [1003] However, the one who forced her has to offer a hady on her behalf. and Hanbali schools as well as a group of the Salaf.


22 22