Does sexual intercourse in the anus (dubar) invalidate Hajj?

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

Al-Mughni

Book of Hajj

Book 11 · Issue 1 · Bab 3

Open in Qurani

Primary text

Sexual intercourse, whether with a human or an animal, and whether in the vagina (qabl) or the anus (dubar), is considered the same regarding legal rulings unless otherwise specified. The dominant view holds that intercourse in the anus invalidates Hajj. This is because sexual intercourse that necessitates ritual purification (ghusl) invalidates Hajj, analogous to intercourse in the vagina with a human being. Intercourse without ejaculation is distinguished from intercourse that necessitates major consequences like the fixed punishment (hadd) or dowry.

Supporting text

Abu Thawr related from Abu Hanifa that sodomy and intercourse in the anus do not invalidate Hajj because they do not establish the ruling of being 'muhsan' (married/chaste status for penal purposes), resembling intercourse that does not involve the vagina.