Bab Jinayat al-Muhrim — Intimacy, Invalidity and Compensation (Part II)

1. Scope of the second part

Some ihram violations call for an offering or charity, whereas certain forms of sexual intercourse can also invalidate Hajj or Umrah. The act alone does not settle the ruling: its timing and the state of the rites matter.

The three key thresholds are before versus after standing at Arafat, before versus after shaving, and before versus after four Umrah tawaf circuits.

2. Kissing or touching with desire

وَإِنْ قَبَّلَ أَوْ لَمَسَ بِشَهْوَةٍ فَعَلَيْهِ دَمٌ
Translation: If a muhrim kisses or touches with desire, an animal offering is due.

Qabbala means kissing; lamasa bi-shahwah means touching with sexual desire. The passage prescribes dam for either, without saying that this act itself invalidates Hajj.

These acts must be distinguished from the subsequent rule for sexual intercourse. A shared topic of intimacy does not make their rulings identical.

3. An offering is not the same as invalidity

Dam is a compensatory offering. Invalidity of Hajj is a separate legal consequence that can bring duties to complete the current rites and perform a make-up Hajj.

Kissing or touching with desire attracts an offering in the preceding clause. Intercourse before Arafat, however, triggers invalidity, an offering, completion of the rites and a make-up Hajj.

4. Intercourse before standing at Arafat

وَمَنْ جَامَعَ فِي أَحَدِ السَّبِيلَيْنِ قَبْلَ الْوُقُوفِ بِعَرَفَةَ فَسَدَ حَجُّهُ وَعَلَيْهِ شَاةٌ
Translation: Whoever has intercourse in either specified manner before standing at Arafat invalidates the Hajj and owes one sheep.

The decisive timing is before the standing at Arafat. The words fasada hajjuhu declare the Hajj invalid, while ʿalayhi shatun prescribe one sheep.

Ahad al-sabilayn is a technical legal expression for vaginal or anal penetration, not merely kissing, touching, or any form of closeness.

5. Continue the rites despite invalidity

وَيَمْضِي فِي الْحَجِّ كَمَا يَمْضِي مَنْ لَمْ يُفْسِدْ حَجَّهُ
Translation: He continues the Hajj rites as a person whose Hajj has not been invalidated would continue them.

Invalidity does not mean the pilgrim may immediately abandon ihram or stop the rites. Al-Quduri expressly requires continuing the pilgrimage acts.

Completing the remaining actions is not the same as turning the invalid Hajj into a valid one. The obligation of a make-up Hajj follows in the next clause.

6. Make-up Hajj after invalidity

وَعَلَيْهِ الْقَضَاءُ
Translation: And a make-up Hajj is required of him.

Al-qadaʾ here means undertaking a make-up Hajj because the earlier one became invalid. A financial offering alone does not replace this duty.

Keep the three obligations distinct: continue the current rites, give the prescribed sheep offering, and undertake a make-up Hajj. This brief clause does not stipulate a specific calendar year for the make-up pilgrimage.

7. Spouses during the make-up Hajj

وَلَيْسَ عَلَيْهِ أَنْ يُفَارِقَ امْرَأَتَهُ إِذَا حَجَّ بِهَا فِي الْقَضَاءِ
Translation: He is not required to separate from his wife if he performs the make-up Hajj with her.

Yufariqa imraʾatahu concerns whether the spouses must separate from one another while undertaking the make-up Hajj. Al-Quduri says separation is not obligatory.

This is not permission for intercourse while in ihram: no mandatory separation and continued observance of ihram restrictions are distinct matters.

8. Full scenario before Arafat

Suppose intercourse occurred before the standing at Arafat. The text gives four simultaneous results:
1. The Hajj becomes invalid.
2. One sheep is due.
3. The pilgrim continues the current rites.
4. A make-up Hajj remains due.

Offering the sheep does not cancel the requirement to make up the invalid Hajj.

9. Vocabulary: completion, invalidity and make-up

Fasada is a past verb meaning “became invalid.” Yamdi is a present verb meaning “continues or proceeds.” Al-qadaʾ here denotes repeating the pilgrimage to discharge the make-up obligation.

All three occur in one legal scenario, but refer to different aspects: validity, completion of present rites, and the later duty of performance.

10. Intercourse after standing at Arafat

وَمَنْ جَامَعَ بَعْدَ الْوُقُوفِ بِعَرَفَةَ لَمْ يَفْسُدْ حَجُّهُ وَعَلَيْهِ بَدَنَةٌ
Translation: Whoever has intercourse after standing at Arafat does not invalidate the Hajj, but owes a badanah.

Once the pilgrim has stood at Arafat, the consequence changes: the Hajj is not invalidated, but a badanah is due. The next clause makes an additional distinction for intercourse after shaving.

A badanah refers to a major sacrificial animal, commonly a camel, and must not be confused with the sheep specified in other cases.

11. Intercourse after shaving

فَإِنْ جَامَعَ بَعْدَ الْحَلْقِ فَعَلَيْهِ شَاةٌ
Translation: If he has intercourse after shaving, one sheep is due.

Baʿda al-halq introduces a new timing condition. The preceding clause requires a badanah after Arafat; after the prescribed shaving, this clause instead specifies one sheep.

The reference is to shaving as part of the Hajj rites, not an unrelated haircut. Applying the principle to a real chronology may require checking the remaining rites and legal conditions.

12. Why timing changes the ruling in Hajj

Before Arafat standing: invalid Hajj, sheep, completion of rites, make-up Hajj.
After Arafat but before the prescribed shaving: Hajj remains valid; badanah.
After the prescribed shaving: the text specifies a sheep.

Standing at Arafat and shaving are different legal thresholds: one affects invalidity and the other changes the compensation amount.

13. Sheep versus badanah

Al-Quduri uses shah in some cases and badanah in others. Shah denotes a small livestock offering such as a sheep or goat; badanah denotes a major sacrificial animal.

The terms are not interchangeable. The after-Arafat-before-shaving clause calls for a badanah, whereas the after-shaving clause expressly calls for a shah.

14. Worked Hajj chronology

Consider three versions of a Hajj chronology:
Case 1: Intercourse before Arafat: invalid Hajj, sheep, complete rites and make up Hajj.
Case 2: After Arafat but before shaving: Hajj not invalidated, badanah.
Case 3: After the prescribed shaving: Hajj not invalidated, sheep.

Changing the stage of the rites changes the legal result.

15. Intercourse before four Umrah circuits

وَمَنْ جَامَعَ فِي الْعُمْرَةِ قَبْلَ أَنْ يَطُوفَ أَرْبَعَةَ أَشْوَاطٍ أَفْسَدَهَا
Translation: Whoever has intercourse during Umrah before completing four tawaf circuits invalidates the Umrah.

The decisive threshold for Umrah is four completed circuits of tawaf. If intercourse occurs after only three circuits, the text deems the Umrah invalid.

This is a rule concerning intercourse during Umrah, not simply a ruling on forgetting to perform tawaf. The following clause explains what remains obligatory.

16. Complete and make up the invalid Umrah

وَمَضَى فِيهَا وَقَضَاهَا وَعَلَيْهِ شَاةٌ
Translation: He continues that Umrah, makes it up, and owes one sheep.

The invalid Umrah must not simply be abandoned. Al-Quduri lists three duties: finish the present Umrah rites, perform a make-up Umrah, and offer one sheep.

The pattern resembles making up an invalid Hajj, but the specific obligation here is a make-up Umrah, not a Hajj.

17. Why three and four circuits differ

After only three circuits: The four-circuit threshold has not been reached; intercourse invalidates the Umrah, with completion, make-up and one sheep due.

After four completed circuits: The next clause says intercourse does not invalidate Umrah, although one sheep is due.

The threshold of four relates to this question of invalidity; the normal tawaf still consists of seven circuits.

18. Intercourse after four Umrah circuits

وَإِنْ وَطِئَ بَعْدَمَا طَافَ أَرْبَعَةَ أَشْوَاطٍ فَعَلَيْهِ شَاةٌ
Translation: If he has intercourse after completing four tawaf circuits, one sheep is due.

The wording after he completed four circuits requires that all four actually have been completed. Three completed circuits do not meet that threshold.

A sheep offering remains due. Whether the Umrah itself has become invalid or must be repeated is answered separately by the following clause.

19. No invalidity or make-up after the threshold

وَلَا تَفْسُدُ عُمْرَتُهُ وَلَا يَلْزَمُهُ قَضَاؤُهَا
Translation: His Umrah is not invalidated and he is not required to make it up.

La tafsudu negates invalidity; la yalzamuhu qadaʾuha negates the duty of a make-up Umrah. Nevertheless, the offering is still due, as the preceding clause establishes one sheep.

The result is therefore: Umrah remains valid, no make-up Umrah, but one sheep offering.

20. The two controlling Umrah cases

The two controlling Umrah cases are:
Intercourse before four circuits: Umrah invalid, continue rites, make up Umrah, one sheep.
Intercourse after four circuits: Umrah not invalidated, no make-up, but one sheep.

The sheep offering is common to both; the decisive difference is invalidity and the obligation to repeat Umrah.

21. Forgetful and deliberate intercourse

وَمَنْ جَامَعَ نَاسِيًا كَمَنْ جَامَعَ عَامِدًا
Translation: One who has intercourse forgetfully is treated like one who does so deliberately.

Nasiyan means forgetfully; ʿamidan means deliberately. Al-Quduri treats the two alike for the legal consequences of intercourse during these pilgrimage rites.

This clause concerns intercourse while in Hajj or Umrah. It must not be generalized to fasting, prayer, or every situation involving forgetfulness.

22. Arabic grammar: nasiyan and ʿamidan

In man jamaʿa nasiyan, man introduces a general conditional construction, jamaʿa is a past-tense verb, and nasiyan is an accusative circumstantial qualifier (hal).

In ka-man jamaʿa ʿamidan, the prefix ka- expresses comparison, and ʿamidan is another hal. The parallel phrasing contrasts the states of forgetfulness and deliberate action.

23. Three different thresholds in one comparison

Hajj before Arafat: invalidity + make-up + sheep + continuing rites.
Hajj after Arafat but before shaving: no invalidity; badanah.
Hajj after shaving: sheep in the stated case.
Umrah before four circuits: invalidity + make-up + sheep + completion.
Umrah after four circuits: no invalidity or make-up; sheep.

This chart summarizes only the specific cases covered by these clauses.

24. Arabic: temporal expressions change the ruling

Qabla al-wuquf and baʿda al-wuquf use qabla and baʿda as adverbial nouns of time; al-wuquf is the genitive second term of the idafah.

Baʿda al-halq has the same grammatical pattern. These short temporal phrases change the legal classification, so the different milestones must be read precisely.

25. Arabic: affirming versus negating invalidity

In fasada hajjuhu, fasada is a past verb and hajjuhu its subject: the Hajj became invalid.
In lam yafsud hajjuhu, lam negates and makes the imperfect verb yafsud jussive: the Hajj was not invalidated.

For Umrah, la tafsudu ʿumratuhu also negates invalidity. The negative does not automatically negate the compensatory offering.

26. Arabic: the obligation of making up

In wa-ʿalayhi al-qadaʾu, ʿalayhi acts as the fronted predicate and al-qadaʾu as the postponed subject, expressing an obligation.

In wa-la yalzamuhu qadaʾuha, la negates, yalzamu is the present verb, and qadaʾuha is its subject: making up the Umrah is not required.

Reading these formulations side by side shows when a make-up duty is imposed or denied.

27. Practice: before and after Arafat

Example 1: Intercourse before Arafat: Hajj invalid, sheep due, continue the rites and make up the Hajj.
Example 2: Arafat completed, shaving not yet performed: Hajj not invalidated, badanah due.
Example 3: Arafat and prescribed shaving completed: one sheep due under the stated clause.

The sequence of events is essential to the ruling.

28. Practice: three, four and five Umrah circuits

After 3 circuits: Less than four: Umrah invalidated; continue it, make it up and offer one sheep.
After 4 completed circuits: Umrah not invalidated; no make-up, but one sheep is due.
After 5 completed circuits: The four-circuit threshold has passed; the same rule of no invalidity with one sheep applies.

An ordinary Umrah tawaf has seven circuits; four is the legal threshold for this particular issue.

29. Practice: forgetfulness during ihram

Suppose a pilgrim has intercourse while forgetting the ihram restriction. Under this passage, forgetfulness does not itself remove the stated ritual consequences.

The correct result still depends on whether it was Hajj or Umrah, whether the Arafat standing had occurred, and whether four Umrah tawaf circuits had been completed.

30. Recap and boundary for the next lesson

This part addressed dam for kissing or touching with desire, invalidity and make-up Hajj before Arafat, a badanah after Arafat, a sheep after shaving, and the four-circuit Umrah threshold. The text equates forgetful and deliberate intercourse for these ritual consequences.

The next clause begins wa-man tafa tawaf al-qudum muhdithan, leading into deficiencies of purification during tawaf and compensation for missed pilgrimage rites.