What is the consequence if a minor engages in sexual intercourse (*watu'*) while in the state of Ihram?

General Chapter

Al-Mughni

Book of Hajj

Book 11 · Issue 4 · Bab 1

Open in Qurani

Primary text

If a minor engages in sexual intercourse while in Ihram, it invalidates the Hajj, and the minor must proceed with the invalidated Hajj.

Supporting text

There are two opinions regarding whether the minor must make up (*qada'*) that Hajj later. One opinion states that making up the Hajj is not obligatory because a physical act of worship (*'ibadah badaniyyah*) cannot be imposed upon one who is not yet obligated to perform religious duties (*ahliyyat al-taklif*). The second opinion states that making up the Hajj is obligatory because the invalidation resulted from an act requiring *fidyah*, similar to sexual intercourse performed by a mature adult.