What is the ruling regarding expiation (kaffarah) when sexual intercourse is repeated during Ihram before expiation for the first act?
Chapter on What the Muhrim Must Avoid and What is Permissible for Him
Al-Mughni
Book of Hajj
Primary text
If sexual intercourse is repeated and the first act was atoned for, a second expiation, similar to the first, is obligatory. If no expiation was made for the first act, only one expiation is due. This is the established school of thought because the repeated intercourse, which requires expiation, occurred before atonement for the first act, thus it does not necessitate a second expiation, similar to the ruling regarding repeated fasts. Evidence rests on analogy: the second act of intercourse is an act that necessitates expiation and occurred while in Ihram without subsequent lawful release (tahallul), thus resembling the first act of intercourse. Furthermore, the invalidation of Ihram in other expiations, such as Zihar or oaths, allows for the merging of rulings, making the defining limit the absence of atonement rather than a single session.
Supporting text
Abu Hanifa holds that a sheep is due for the second act of intercourse regardless of whether the first was atoned for, unless the repetition occurred within a single session aimed at terminating the state of Ihram; in that case, the second act invalidates the Ihram less severely, thus requiring a sheep, similar to intercourse after the first partial release (tahallul). Malik maintains that nothing is due for the second act, a position narrated from 'Ata, arguing that since the Hajj is not invalidated, no expiation is required, analogous to intercourse before atonement. Al-Shafi'i aligns closely with the established position but is nearer to the view of Abu Hanifa.