Is a woman required to offer a penalty sacrifice (damm) if she is coerced into sexual intercourse while in the state of Ihram?

Chapter on the Description of Hajj

Al-Mughni

Book of Hajj

Book 11 · Issue 5 · Bab 5

Open in Qurani

Primary text

If a woman is coerced into sexual intercourse while in Ihram, there is no penalty (damm) incumbent upon her. This is the position of 'Ata, Malik, Al-Shafi'i, Ishaq, and Abu Thawr. This is because the expiation is necessitated by the act of intercourse itself, and just as the woman is not obligated to compensate for intercourse during fasting if coerced, the same principle applies here.

Supporting text

The companions of Abu Hanifah state that she must offer another sacrifice because her Hajj has been invalidated, thus the ruling is the same as if she had willingly complied.