What is the consequence of a slave engaging in sexual intercourse while in the state of Ihram before the first Tahallul (partial exit)?
General Chapter
Al-Mughni
Book of Hajj
Primary text
If a slave engages in sexual intercourse while in Ihram before the first Tahallul, the Ihram is invalidated (fasid). The slave must proceed with the invalidated Hajj, similar to a free person. If the initial Ihram was performed with the master's permission, the master cannot compel the slave to exit it, just as the master cannot prevent him from completing a valid one. If the Ihram was performed without permission, the master has the right to invalidate it, as he has the right to invalidate the valid form, making the invalid form subject to his authority. The slave remains obligated to make up the Hajj (Qada), regardless of whether the initial Ihram was permitted or not, because the obligation was established while he was a slave, making its fulfillment valid for him, similar to prayer and fasting.