Does sexual intercourse (Wati) while in the state of Ihram invalidate the Hajj before the first tanallul (partial release from ihram)?
Chapter on the Description of Hajj
Al-Mughni
Book of Hajj
Primary text
Sexual intercourse before the Jamrat al-Aqaba invalidates the Hajj, regardless of whether it occurs before or after the standing at Arafah. This view is held by Malik and Al-Shafi'i. The evidence for this is the narration reported by al-Athram where a man confessed to intercourse with his wife while both were in ihram, and Ibn Abbas and Abdullah ibn Amr both responded that he had invalidated his Hajj, without asking for further clarification regarding the timing. This act invalidates the Hajj because the intercourse encountered a complete state of ihram, similar to intercourse before standing at Arafah.
Supporting text
The companions of Abu Hanifah argue that intercourse after standing at Arafah does not invalidate the Hajj due to the prophetic statement, "Whoever catches Arafah has completed his Hajj." They assert that since the risk of missing the Hajj is secured, the risk of invalidation is also secured, like after the first tanallul. Abu Hanifah specifically states that Hajj is Arafah, and whoever stands there has completed it, comparing it to the ruling that catching one rak'ah of prayer means one has attained the prayer, meaning its virtue and not missing it.