Invalidation of hajj through sexual intercourse after the stationing at Arafa and prior to the throw

Book:

The Book of Hajj - كتاب الحج.

Chapter:

Discussion of Expiation for the Mutamatti

Topic/Issue:3626 - Invalidation of hajj through sexual intercourse after the stationing at Arafa and prior to the throw
Opinions:
Opinion FromOpinionExplanation
Imam Malik,Imam ShafiThe person who cohabits before throwing pebbles at the Jamrat al-Aqaba has invalidated his hajj, and he is liable for the offering as well as qadaImam Malik also said that the pilgrim who cohabits after throwing pebbles at the Jamrat al-Agaba, but before the tawaf al-ifada, his hajj is complete.
Imam Abu HanifaHe is under an obligation to make an offering of a badana (she camel), but his hajj is complete.
Disagreement
Reasons:
The reason for disagreement is that there is for hajj a factor of completion that resembles the salutation in prayer (after which the pilgrim is free from the restrictions of the ihram). And this is of,two types: full freedom (tahallul akbar) which occurs after the tawaf al- ifada; and partial freedom (tahallul asghar) which occurs after the casting of pebbles at the Jamrat al-Agaba. Is either form of freedom stipulated for the permissibility to engage in cohabitation or just one? There is no dispute among them that the minor tahallul, which is due after the throwing of pebbles at the Jamrat al-Aqaba on the Day of Sacrifice, disengages the pilgrim from all that was prohibited to him due to hajj, except sex activity, use of fragrance, and hunting game. The jurists differed, however, about what does become permissible. The well -known opinion from Malik is that the pilgrim is free from all restraints except matters related to women,such as contracting marriage, intercourse, and the use of fragrance. It is said in a narration from him that the restraints are women, perfume, and hunting
Tags :Worship,Ihram,Hajj, Mutammati, Expiration, Offering, Volunter Hajj, Qada, Cohabitation
References:1[pg:439]
Last Updated:2011-06-19

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