that is, he catches the merit of the prayer and has not missed it; likewise for Hajj. Once this is established, their Hajj is both corrupted, for the act of intercourse occurred from both of them, and it is the same whether it was done forgetfully or intentionally, by one coerced or one who consented, while sleeping or while awake, regardless of whether the man was knowledgeable or ignorant. Al-Shafi'i said, in one of his two opinions: The Hajj of the one who forgets is not corrupted, because he is excused. Our argument is that it is a circumstance that necessitates making up the act (qada'), so all states are equal in this regard, just like missing the Hajj (fawat). There is no difference between what occurs after the Day of Sacrifice (Yawm al-Nahr) or before it, because he had intercourse before the first stage of exiting ihram, so his Hajj is corrupted, just as if he had intercourse on the Day of Sacrifice.

The second section is that he is liable for a sacrificial camel (badana). This is the view of Malik and al-Shafi'i. Abu Hanifah said: If he has intercourse before the standing at Arafat, his Hajj is corrupted and he is liable for a sheep (shاة), but if he has intercourse after it, his Hajj is not corrupted, and he is liable for a camel, because the intercourse before the standing is a matter to which the obligation of making up the act relates, so it does not necessitate a camel, just like missing the Hajj. Our argument is that it has been narrated from 'Umar and Ibn 'Abbas similar to our view, and because it is an act of intercourse that occurred during a complete state of ihram, so it necessitates a camel, just like after the standing. Furthermore, an act that corrupts the Hajj is a greater offense, so its expiation ought to be more severe. As for missing the Hajj (fawat), they require a camel for it, so how can an analogy be drawn upon it?

The third section is that there is no blood-sacrifice (dam) upon her in the case of coercion. This is the opinion of 'Ata', Malik, al-Shafi'i, Ishaq, and Abu Thawr. The scholars of opinion said: There is another blood-sacrifice upon her, because her Hajj has been corrupted, so a camel is required, just as if she had consented. Our argument is that it is an expiation that becomes due for intercourse, so it does not become due upon the woman in the case of coercion, [just as if he had intercourse] while fasting.

Section: Whoever has intercourse before exiting ihram from an 'Umrah, his 'Umrah is corrupted, and he is liable for a sheep along with making up the act (qada').