What is the ruling on replacing the required camel for invalidating Hajj by intercourse?

Chapter on Ransom (Fidyah) and Penalty for Hunting

Al-Mughni

Book of Hajj

Book 11 · Issue 8 · Bab 6

Open in Qurani

Primary text

For invalidating Hajj by intercourse, the requirement is a camel based on widespread Companion consensus without known opposition, which constitutes consensus (Ijma'). The replacement is analogous to the replacement for Tamattu' Hady: three days of fasting during the Hajj and seven days upon return, as stated by Abdullah ibn Umar, Abdullah ibn Abbas, and Abdullah ibn Amr. The Companions' Schools permit valuing the camel in cash, purchasing food with it to feed every poor person one Mudd (a measure), and fasting one day for every Mudd, thus linking it to the required camel in Jaza' al-Sayd.

Supporting text

Analogy with the Fidyat al-Adha (expiation for harm) is applied to what is required for performing a permissible forbidden act for enjoyment, such as trimming nails, wearing clothing, or using perfume. Every form of spousal enjoyment that necessitates a sheep, like intercourse after stoning in Umrah or Hajj, is analogous to Fidyat al-Adha in this regard, as Ibn Abbas ruled that a woman whose husband had intercourse with her before shortening her hair owes an expiation of fasting, charity, or sacrifice.