unless the intercourse is repeated in a single session by way of rejection of the ihram, because it is an act of intercourse that occurred during an ihram of diminished sanctity, thus necessitating a sheep, like intercourse after the first release from ihram (tahallul). Malik said: Nothing is obligatory for the second act. This was also narrated from Ata', because it does not corrupt the Hajj, so nothing is obligatory for it, as if it were before the expiation. Al-Shafi'i said the same as our position, and it is close to the position of Abu Hanifah. Our argument for the obligation of a badana (camel) if he has already offered expiation is that he had sexual intercourse while in a state of ihram and had not yet finished it, and it was not possible for his expiation to be subsumed within another, so it resembles the first act of intercourse. Also, because an invalid ihram is like a valid one regarding all other expiations, so it is the same for intercourse. And because if he has not yet offered expiation for the first, his expiations are subsumed, just as the rulings of dowry and the prescribed punishment (hadd) are subsumed. Determining it by the lack of expiation is better than determining it by the "single session"; due to what we have mentioned regarding the dowry, the hadd, and the expiation for oaths, dhihar, and others.

597 - Issue: He said: "And if he engages in physical intimacy (mubashara) without intercourse and does not ejaculate, he owes a blood sacrifice (dam), and if he ejaculates, he owes a badana, and his Hajj has been corrupted."

As for when he does not ejaculate, his Hajj is not corrupted by it. We do not know of anyone who stated that his Hajj is corrupted, because it is an act of intimacy without intercourse, devoid of ejaculation, so the Hajj is not corrupted by it, like touching, or it is an act of intimacy that does not necessitate ghusl (ritual bathing), so it resembles touching, and he owes a sheep. Al-Hasan said regarding one who strokes the private parts of his slave-girl with his hand: He owes a badana. Sa'id ibn Jubayr said: If he derives from her what is less than sexual intercourse, he shall slaughter a cow. Our argument is that it is physical contact without ejaculation, so it resembles touching other than the private parts. As for if he ejaculates, he owes a badana. This was said by al-Hasan, Sa'id ibn Jubayr, al-Thawri, and Abu Thawr. Al-Shafi'i, the scholars of the school of opinion (Ashab al-Ra'y), and Ibn al-Mundhir said: He owes a sheep; because it is intimacy without intercourse, so it resembles the case where he does not ejaculate. Our argument is that it is intercourse that necessitates ghusl, so it necessitates a badana, like intercourse in the frontal passage. There are two narrations regarding the corruption of his Hajj by this: one of them,