What is the ruling concerning kissing (qiblah) while in Ihram?
Chapter on What the Muhrim Must Avoid and What is Permissible for Him
Al-Mughni
Book of Hajj
Primary text
The ruling for kissing is the same as direct contact below the external genitalia. If ejaculation occurs, a camel is due. If there is no ejaculation, a sheep is due. Evidence suggests that the degree of ruling corresponds to the intensity of pleasure derived; since kissing involves less pleasure than intercourse below the genitalia, it requires a sheep upon ejaculation, and nothing if no discharge occurs, unlike intercourse below the genitalia which invalidates Hajj upon ejaculation and requires a sheep without it.
Supporting text
Some scholars combine the ruling of kissing and direct contact below the genitalia, stating that both are forms of contact, thus their required expiations are equal. Ibn 'Abbas reportedly told a man who kissed his wife while in Ihram that his Hajj was invalidated. Conversely, Sa'id ibn al-Musayyib, 'Ata, Ibn Sirin, Al-Zuhri, Qatadah, Malik, Al-Thawri, Al-Shafi'i, Abu Thawr, and the proponents of rationalist opinion state that a sheep (damm) is due. It is also narrated from 'Umar ibn 'Ubayd Allah that when he kissed his wife while in Ihram, the consensus was that he must shed blood (i.e., offer a sheep), assuming no ejaculation occurred since it was not mentioned.