What is the ruling regarding Hajj invalidation due to repeated looking (tikrār al-naẓar) while in Ihram?

Chapter on What the Muhrim Must Avoid and What is Permissible for Him

Al-Mughni

Book of Hajj

Book 11 · Issue 5 · Bab 3

Open in Qurani

Primary text

The Hajj is not invalidated by repeated looking, regardless of whether ejaculation occurs. This is the view attributed to Ibn 'Abbas, Abu Hanifa, and Al-Shafi'i. The justification is that it is ejaculation resulting from non-physical contact, resembling ejaculation through thought or during a wet dream. Therefore, the analogy used by those who differ is invalid, as physical contact is more intense in stimulating desire.

Supporting text

It is narrated from Al-Hasan, 'Ata, and Malik that if one repeatedly looks until ejaculation, the next Hajj becomes obligatory, because ejaculation resulted from a prohibited act, resembling ejaculation from direct physical contact. If one looks without repetition and ejaculates, a sheep is due. If the looking is repeated and results in ejaculation, there are two narrations: one states a camel is due, narrated from Ibn 'Abbas; the second states a sheep is due, which is the opinion of Sa'id ibn Jubayr, Ishaq, and another narration from Ibn 'Abbas. Abu Thawr and some narrations from Abu Hanifa and Al-Shafi'i state nothing is due, classifying it closer to ejaculation from mere thought as it involves no physical contact.