What is the ruling concerning Hajj invalidation due to ejaculation resulting from direct contact below the external genitalia (mubasharah) while in Ihram?
Chapter on What the Muhrim Must Avoid and What is Permissible for Him
Al-Mughni
Book of Hajj
Primary text
If ejaculation occurs following direct contact below the external genitalia, a camel (badanah) is obligatory. This is the view held by Al-Hasan, Sa'id ibn Jubayr, Al-Thawri, and Abu Thawr. Evidence supports this because the act involves sexual discharge (intilal) resulting from an act that requires ghusl, thus necessitating the highest form of expiation, analogous to intercourse involving the external genitalia.
Supporting text
Al-Shafi'i, the proponents of the rationalist school (Ahl al-Ra'y), and Ibn al-Mundhir state that a sheep is due, arguing that it resembles direct contact without ejaculation, as the physical act is below the genitalia. Regarding the invalidation of Hajj due to this act, there are two narrations: one, preferred by Al-Kharqi and Abu Bakr, holds that the Hajj is invalidated, citing that it is an act of worship that is invalidated by sexual intercourse, and ejaculation from direct contact invalidates it, similar to fasting. The second narration, which is considered correct, states the Hajj is not invalidated because the enjoyment ('istimta') does not incur a fixed legal penalty (hadd) by its nature, distinguishing it from intercourse involving the external genitalia, which incurs hadd regardless of ejaculation.