What is the consequence of sexual intercourse before completing the rites of Umrah (Tahallul)?
Chapter on the Description of Hajj
Al-Mughni
Book of Hajj
Primary text
Sexual intercourse performed before achieving completion (Tahallul) of Umrah invalidates the Umrah, and the perpetrator is obligated to offer a sheep (shāh) in expiation in addition to making up the missed Umrah (Qadā'). This ruling is held by the statement being analyzed, which implies the position of Shafi'i's opponents. The rationale is that while intercourse is a prohibited act during Ihram, Umrah lacks the standing (wuquf) element present in Hajj, thus negating the requirement of a camel sacrifice (badanah) as required in Hajj.
Supporting text
Al-Shafi'i holds that the consequence is making up the Umrah and offering a camel (badanah) because Umrah includes Tawaf and Sa'i, thus resembling Hajj. Abu Hanifa maintains that if intercourse occurs before completing four circuits of Tawaf, the ruling is the same as the primary opinion (invalidity and a sheep); however, if intercourse occurs after completing four circuits, only a sheep is due, and the Umrah is not invalidated.