What is the required penalty (kaffarah) for sexual intercourse while in the state of Ihram that invalidates Hajj?
Chapter on the Description of Hajj
Al-Mughni
Book of Hajj
Primary text
A full-grown sacrifice (badanah) is required as a penalty for sexual intercourse while in ihram that invalidates the Hajj. This is the view of Malik and Al-Shafi'i. This penalty is obligatory because the intercourse encountered a complete state of ihram, and acts that invalidate Hajj generally carry a stricter expiation.
Supporting text
Abu Hanifah holds that if the intercourse occurred before standing at Arafah, the Hajj is invalidated and a sheep is due. If it occurred after standing at Arafah, the Hajj is not invalidated, but a badanah is due, reasoning that intercourse before standing at Arafah is an issue necessitating subsequent completion (qada) but does not mandate a badanah, citing the precedent of missing the Hajj (Fawat). However, the evidence shows that companions like Umar and Ibn Abbas mandated a badanah in this situation.