What is the ruling regarding a pilgrim performing sexual intercourse (wathi) after stoning (ramy) but before circumambulation (tawaf) when performing Hajj Qiran?
Chapter on the Description of Hajj
Al-Mughni
Book of Hajj
Primary text
The pilgrim performing Hajj Qiran is treated the same as the pilgrim performing Hajj Ifrad. If a pilgrim in the state of Qiran engages in sexual intercourse after the stoning ritual but before the circumambulation, neither their Hajj nor their Umrah is invalidated. The primary ruling relates to the Hajj itself. This is evident because the Umrah component cannot be concluded before the Tawaf is performed, which is also the case for the Qiran pilgrim. Furthermore, the sequence requirement applies to the Hajj, and since the Hajj is not invalidated before the Tawaf, the Umrah is also not invalidated.
Supporting text
Imam Ahmad stated that if sexual intercourse occurs after the Tawaf on the Day of Sacrifice (Yawm al-Nahr) but before the obligatory two rak'ahs of prayer, nothing is due from him. When questioned about kissing after stoning the Jamrat al-Aqabah but before visiting the Kaaba, Imam Ahmad stated nothing is due, as the rites have been completed. Based on this, nothing is incumbent for acts less severe than intercourse in the private parts.