As for the response to the Zahiriyyah’s view, we say: following the Companions, may Allah be pleased with them, is better and more appropriate.

His statement, “they must make it up,” refers to both the one who had intercourse and the one with whom intercourse was had; the pronoun refers to the pilgrimage.

The apparent meaning of the author’s words is that they must make it up whether the pilgrimage they invalidated was obligatory or voluntary. If it was obligatory, the matter is clear. If it was voluntary, then because they invalidated something which they were required to complete, they must repeat it.

His statement, “the following year,” indicates that it is not permissible to delay it until the third year. If they are unable to do so, it remains a liability upon them until they are able to make it up.

Note: The author, may Allah have mercy on him, did not mention the case of one who has intercourse after the first release from ihram, though others have mentioned it.

They said: If he has intercourse after the first release from ihram, he must go outside the sacred precinct and enter ihram again. That is, he removes his ordinary clothes and puts on an izar and rida in order to perform the circumambulation of ifadah while in ihram, because his ihram has been invalidated—that is, what remained of his ihram has been invalidated—so he must renew it. He must also offer an expiation; its explanation will come later, Allah willing. He has also sinned. Thus, if he has intercourse after the first release from ihram, four consequences follow:

First: sin.

Second: invalidation of the ihram.

Third: the obligation to go outside the sacred precinct in order to enter ihram from there.

Fourth: the expiation.