Does the time of sexual intercourse during Ihram (before or after standing at Arafah) affect the invalidation of Hajj?
Chapter on What the Muhrim Must Avoid and What is Permissible for Him
Al-Mughni
Book of Hajj
Primary text
According to Abu Hanifa, if intercourse occurs before standing at Arafah, the Hajj is invalidated, based on the saying, 'Hajj is Arafah.' If it occurs after Arafah, the Hajj is not invalidated. The established position maintains that the companions' statements regarding invalidation are absolute concerning a person who commits intercourse while in Ihram. Since the intercourse occurred while in a complete state of Ihram, it invalidates the Hajj, just as it does before Arafah. The statement 'Hajj is Arafah' means it is the major part, or a confirmed pillar, and avoiding the loss of Hajj does not guarantee the avoidance of invalidation, as seen in Umrah.
Supporting text
The ruling of Abu Hanifa is based on the prophetic tradition stating 'Hajj is Arafah,' suggesting that securing the main rite prevents invalidation. The established proof relies on the absolute statements of the Companions, which make no distinction between the time before or after standing at Arafah, treating the intercourse in complete Ihram as invalidating regardless of timing.