Must a person who engages in sexual intercourse after stoning the Jamra but before the final Tahlul re-enter Ihram, and from where?
Chapter on the Description of Hajj
Al-Mughni
Book of Hajj
Primary text
Sexual intercourse after the stoning of the Jamra invalidates the Ihram, and the person must re-enter Ihram from the boundary of the Haram (Al-Hill). This is the view of 'Ikrimah, Rabi'ah, and Ishaq. This is because the intercourse coincided with an existing state of Ihram, thereby invalidating it, similar to the state of complete Ihram. If the Ihram is invalidated, he must re-enter Ihram to perform the Tawaf (circumambulation) under a valid Ihram, as Tawaf is a pillar (Rukn). He must enter Ihram from Al-Hill because Ihram should ideally combine the sanctity of the Haram and the outside (Al-Hill); if he were permitted to enter Ihram from within the Haram, all his subsequent acts would occur within the Haram, making his situation similar to that of an 'Umrah performer.
Supporting text
Ibn Abbas, 'Ata', al-Sha'bi, and Al-Shafi'i hold that the Hajj remains valid and no re-entry into Ihram is required, based on the reasoning that if an Ihram which is not entirely invalidated is affected, it does not invalidate a part of it, analogous to intercourse after the second Tahlul. If he re-enters Ihram from Al-Hill, he performs Tawaf for Ziyarah (the required Tawaf), and Sa'i (running between Safa and Marwah) if he had not performed it previously in his Hajj. If he had performed Sa'i, he only performs Tawaf for Ziyarah and then exits Ihram (Tahlul).