Does sexual intercourse (Wat') after the Stoning of the Jamrat al-Aqaba invalidate the Hajj?

Chapter on the Description of Hajj

Al-Mughni

Book of Hajj

Book 11 · Issue 2 · Bab 5

Open in Qurani

Primary text

Sexual intercourse performed after the final stoning ritual does not invalidate the Hajj. This view is held by Ibn Abbas, 'Ikrimah, 'Ata', al-Sha'bi, Rabi'ah, Malik, Al-Shafi'i, Ishaq, and the Ahdhab al-Ra'y (the Companions of Abu Hanifa). The evidence is the Prophet's statement: "Whoever witnesses our prayer, and stands with us until we depart, and had already stood at Arafah before that, day or night, his Hajj is complete and his ritual impurities are removed." Furthermore, Ibn Abbas stated regarding a man who had relations with his wife before departing on the Day of Sacrifice (Yawm al-Nahr), that they should sacrifice a she-camel between them, but he does not owe a make-up Hajj for the following year. The Hajj is a ritual with two stages of release (Tahlul); the occurrence of the invalidating factor after the first release does not invalidate the Hajj, similar to the situation after the first Salaam (ending salutation) in prayer.

Supporting text

Al-Nakha'i, Al-Zuhri, and Hammad hold that the person must perform Hajj again the following year because the sexual intercourse coincided with the Ihram of Hajj, thus invalidating it, similar to intercourse before the stoning.