the condition is met, he becomes permissible (halal) by its occurrence (13). This is because it is a valid condition, so the matter is according to what he stipulated.
607 - Issue: He said: "If he says: 'I renounce my ihram and I am permissible (halal),' then puts on clothes, kills game, and performs what a person not in ihram performs, he is liable for a blood sacrifice (dam) for every act he performs. And if he engages in sexual intercourse, he is liable for a camel (badana) for the intercourse, in addition to the blood sacrifices that are due from him."
In summary, exiting ihram from Hajj is not achieved except through one of three things: completing its actions, exiting upon being hindered (hasr), or due to an excuse if he had stipulated it. Anything other than this, he has no right to exit ihram through it. If he intends to exit ihram, he does not become permissible (halal), and his ihram is not invalidated by his renouncing it; because it is an act of worship from which one does not exit by mere invalidation, so he does not exit it by renouncing it—unlike other acts of worship. The ihram remains binding upon him, its rulings apply to him, and he is liable for the penalty for every violation he commits against it. If he engages in sexual intercourse, he invalidates his Hajj, and he is liable for a camel for that, in addition to the blood sacrifices due from him, whether the intercourse occurred before the violations or after them. For a violation against an invalid ihram necessitates a penalty, just like a violation against a valid one. He owes nothing for his renunciation of the ihram, because it is a mere intention that has no effect.
608 - Issue: He said: "And he shall proceed in the [invalid Hajj] (1), and perform Hajj the following year."
In summary, Hajj is only invalidated by sexual intercourse. If it is invalidated, he must complete it and may not exit from it. This was narrated from Umar, Ali, Abu Hurayrah, and Ibn Abbas, may Allah be pleased with them. Abu Hanifah and al-Shafi'i held this view. Al-Hasan and Malik said: "He makes the Hajj an Umrah and does not remain in an invalid Hajj." Dawud said: "He exits from Hajj and Umrah by invalidating it," based on the saying of the Prophet (peace and blessings of Allah be upon him): "Whoever performs an act that is not in accordance with our command, it is rejected" (2).
(13) In B and M: "its occurrence" (wujudihi). (1) In the original: "invalid Hajj" (hajj fasid). (2) Narrated by al-Bukhari, in: The Chapter on Najash (bidding up), from the Book of Sales; in: The Chapter on If they agree to a settlement..., from the Book of Settlements; and in: The Chapter on If the pregnant woman exerts ijtihad..., from the Book of Holding Fast (al-I'tisam). Sahih al-Bukhari 3/91, 241, 9/132. And Muslim, in: The Chapter on Reversing Judgments..., from the Book of Judicial Rulings. Sahih Muslim 3/1343, 1344. And Abu Dawud, in: The Chapter on Adherence to the Sunnah, from the Book of the Sunnah. Sunan Abi Dawud 2/506. And Ibn Majah, in: The Chapter on Reverence for the Hadith of the Messenger of Allah (peace and blessings of Allah be upon him)..., Introduction 1/7. And Imam Ahmad, in: al-Musnad 6/146, 180, 256.