making up the act (qada'). Al-Shafi'i said: He is liable for making up the act and a sacrificial camel (badana), because it is an act of worship involving circumambulation (tawaf) and sa'i, so it resembles Hajj. Abu Hanifah said: If he has intercourse before performing four circuits, it is according to our view, but if he has intercourse after that, he is liable for a sheep, and his 'Umrah is not corrupted. Our argument against al-Shafi'i is that it is an act of worship that does not involve standing (at Arafat), so a camel does not become due for it, just as if he had combined it with Hajj. Furthermore, 'Umrah is inferior to Hajj, so its ruling must be inferior to its ruling; thus Hajj is excluded from this. Our argument against Abu Hanifah is that intercourse is among the forbidden acts of ihram, so that which occurs before the circumambulation and after it is equal, like all other forbidden acts, and because it is an act of intercourse that occurred during a complete state of ihram, so it corrupted it, just as it would before the circumambulation.

Section: If a person performing Qiran (combining Hajj and 'Umrah) or Tamattu' (performing 'Umrah followed by Hajj) corrupts his rituals, the blood-sacrifice (dam) does not lapse from them. This is the view of Malik and al-Shafi'i. Abu Hanifah said: It lapses. A similar view is narrated from Ahmad, because he did not achieve comfort through the lapsing of one of the two journeys. Our argument is that what is obligatory in the valid ritual is also obligatory in the corrupted one, such as the actions, and because it is a blood-sacrifice that became obligatory upon him, so it does not lapse due to corruption, like the blood-sacrifice obligatory for omitting the station (miqat).

Section: If one performing Qiran corrupts his ritual, then makes it up as an individual performing Ifrad (Hajj only), no blood-sacrifice is incumbent upon him for the making up. Al-Shafi'i said: It is incumbent upon him, because what is obligatory in the performance is also obligatory in the making up, and this was obligatory in the performance. Our argument is that Ifrad is superior to Qiran even with the blood-sacrifice; so if he has performed [both (11) he has performed] (12) that which is superior, nothing is incumbent upon him, like one for whom prayer became obligatory via tayammum, but who makes it up using wudu'.

674 - Issue: He said: (And if he has intercourse after pelting the Jamrat al-'Aqabah, he is liable for a blood-sacrifice, and he proceeds to al-Tan'im to enter ihram in order to perform circumambulation while in a state of ihram).

In this issue, there are three sections: The first is that intercourse after pelting (1) the Jamrah does not corrupt