It is not a pillar. Is he liable for a blood sacrifice (dam)? It is possible that he is not liable for anything, due to what we have mentioned, and it is possible that he is liable, because he engaged in intercourse before the occurrence of that by which the release from ihram (tahallul) is completed, so he resembles one who has intercourse after the pelting and before the circumambulation.

A section: The Qarin (one performing Hajj and Umrah together) is like the Mufrid (one performing Hajj alone) in that if he has intercourse after the pelting, his Hajj is not corrupted, nor is his Umrah; because the ruling pertains to the Hajj. Do you not see that he does not exit his Umrah before the circumambulation, and he performs that when he is a Qarin, and because the order (sequence) is for the Hajj and not for it (the Umrah), and the Hajj is not corrupted before the circumambulation, likewise the Umrah. Ahmad said regarding one who has intercourse after the circumambulation on the Day of Sacrifice before he has bowed (prayed two rak'ahs): There is nothing upon him. [Abu Talib] said: I asked Ahmad about a man who kisses (his wife) after pelting the Jamrat al-'Aqaba, before he visits the House (performs tawaf al-ziyarah)? He said: There is nothing upon him; he has already fulfilled the rites. Accordingly, there is nothing upon him for anything less than intercourse in the private parts.

675 - Issue: He said: (It is permissible for the people of the water supply and the shepherds to pelt at night.)

This term "al-ru'ah" (shepherds) is narrated with the damm (u-vowel) on the ra and the inclusion of the ha, like "al-du'ah" (the callers) and "al-qudah" (the judges). "Al-ri'a" is with a kasr (i-vowel) on the ra and the madd (long vowel) without a ha; both are correct linguistic forms. God Almighty said: {Until the shepherds drive back (their flocks)} [Al-Qasas: 23]. In some hadith: "He granted a concession to the shepherds to pelt one day and leave one day." The pelting was only permitted for them at night because they are occupied during the day with pasturing the livestock and guarding them, and the people of the water supply are those who provide water from the well of Zamzam for the pilgrims, so they are occupied with their water supply during the day; therefore, pelting was permitted for them during their spare time to alleviate the burden upon them. Thus, it is permissible for them to pelt each day during the coming night, so they pelt the Jamrat al-'Aqaba on the night of the first day of the days of Tashriq, the pelting of the first day on the night of the second, and the pelting of the second on the night of the third, and the third, if they delay it until sunset, it lapses from them, just as it lapses from others. 'Ata' said: No one should pelt at night except the shepherds of camels; as for the merchants, then no. Malik, al-Shafi'i, Abu Thawr, and the people of opinion used to say: Whoever forgets the pelting until the night, he pelts, and there is nothing upon him, whether they are shepherds or others.

676 - Issue: He said: (It is permissible for the shepherds to delay the pelting and make it up at the time of the second.)

The gist of this is that it is permissible for the shepherds to abandon staying the night in Mina on the nights of Mina, and they delay the pelting of the first day, and they pelt on the Day of the First Departure (Naf); for both days of pelting together, due to the hardship upon them in staying the night and residing for the pelting. Malik narrated from 'Abd Allah ibn Abi Bakr, from his father, from Abu al-Baddah ibn 'Asim, from his father, who said: The Messenger of God (may God bless him and grant him peace) granted a concession to the shepherds of camels regarding spending the night, that they may pelt on the Day of Sacrifice, then they combine the pelting of two days after the Day of Sacrifice, and they pelt them on one of the two. Malik said: I think he said on the first day of them, then they pelt on the Day of Departure. Ibn Majah and al-Tirmidhi narrated it and said: A good (hasan) authentic (sahih) hadith, narrated by Ibn 'Uyaynah, who said: