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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 5 · Page 375

Translation · EN

the Hajj. This is the opinion of Ibn 'Abbas, 'Ikrimah, 'Ata', al-Sha'bi, Rabi'ah, Malik, al-Shafi'i, Ishaq, and the People of Opinion (Ashab al-Ra'y). Al-Nakha'i, al-Zuhri, and Hammad said: He is liable to perform Hajj the following year, because the intercourse coincided with a state of ihram for Hajj, thereby corrupting it, just like intercourse before the pelting. Our evidence is the saying of the Prophet, peace and blessings of Allah be upon him: "Whoever witnesses this prayer of ours, and stands with us until we depart, [and has] (2) previously stood at 'Arafat, either by night or by day, then his Hajj is complete and he has fulfilled his rites" (3). Furthermore, it is the opinion of Ibn 'Abbas, for he said regarding a man who had intercourse with his wife before he performed the circumambulation of the visit (ifadah) (4) on the Day of Sacrifice: "They shall slaughter a camel between them, and he is not liable for Hajj the following year." We do not know of any Companion who opposed him in this. Also, Hajj is an act of worship that has two stages of releasing from ihram (tahallul), so the existence of a corrupting factor after its first release does not corrupt it, just as it does not after the first taslimah in prayer; by this, it is distinguished from what occurs before the first release from ihram.

The second section is that what is incumbent upon him due to the intercourse is a sheep. This is the apparent meaning of the words of al-Khiraqi, and it was explicitly stated by Ahmad. [This is the opinion of] (5) 'Ikrimah, Rabi'ah, Malik, and Ishaq. The Qadi said: There is another narration that he is liable for a camel. This is the opinion of Ibn 'Abbas, 'Ata', al-Sha'bi, al-Shafi'i, and the People of Opinion, because he had intercourse during Hajj, so a camel became incumbent upon him, as it would be before the pelting of the Jamrat al-'Aqabah. Our argument is that it is an act of intercourse that did not corrupt the Hajj (6), so it does not necessitate a camel, like intercourse without penetration when there is no ejaculation. Moreover, the ruling of ihram was lightened by the first release from ihram, so it is appropriate that what it necessitates be less than that necessitated by the full state of ihram.

The third section is that the ihram is corrupted by intercourse after the pelting of the Jamrah, and it is incumbent upon him to enter ihram from the Hill (the area outside the Sacred Precincts). This is what 'Ikrimah, Rabi'ah, and Ishaq said. Ibn 'Abbas, 'Ata', al-Sha'bi, and al-Shafi'i said: His Hajj is

Notes

(2) In the original: "and had". (3) Its verification has preceded on page 273. (4) Omitted from: A. (5) In B and M: "and the opinion of". (6) Omitted from: B and M.

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