his pilgrimage is considered invalid; he must offer a sacrificial animal (hady) and repeat the pilgrimage—and this is the view of al-Shāfiʿī.

Abū Ḥanīfah and al-Thawrī said: a hady in the form of a camel (badanah) is due, yet the pilgrimage remains sound. A similar report is also transmitted from Mālik.

Mālik further stated: whoever has intercourse after pelting the Jamrah of al-ʿAqabah but before performing the ṭawāf al-ifāḍah, his pilgrimage is complete. The majority follow Mālik in holding that intercourse before the ṭawāf al-ifāḍah does not invalidate the pilgrimage, though they require a hady. Another group maintained that intercourse before the ṭawāf al-ifāḍah does corrupt the pilgrimage; this is the position of Ibn ʿUmar.

The basis of the disagreement is that the pilgrimage involves two releases from consecration (taḥallul). One—the major release, achieved through the ṭawāf al-ifāḍah—resembles the final salām in prayer; the other is a minor release. Is marital relations permitted only after both releases, or after either one of them? They all agree that the minor release, effected by pelting the Jamrah on the Day of Sacrifice, makes everything lawful again except women, perfume, and (according to some) hunting. The well-known opinion from Mālik is that it renders everything permissible save women and perfume; another report from him adds hunting to the list, for the outward sense of the verse, “And when you have completed the rites, then hunt” (5:2), refers to the major release.

They concur that a person performing ʿumrah is released from it once he has circumambulated the House and made saʿy between Ṣafā and Marwah, even if he has neither shaved nor shortened his hair, for the relevant reports establish this—save for a rare dissent. Ibn ʿAbbās is reported to have held that circumambulation alone suffices. Abū Ḥanīfah, however, said that release is not attained until after shaving, and that if intercourse occurs beforehand the ʿumrah is invalidated.

They also differed over the kind of sexual act that vitiates the pilgrimage and over its preliminaries. The majority held that mere penetration—the meeting of the two circumcised parts—breaks the pilgrimage. Those who stipulate ejaculation along with penetration for the obligation of the major ritual bath may well stipulate it here as well. Regarding ejaculation outside the vagina, Abū Ḥanīfah said the pilgrimage is not invalidated unless the ejaculation is intravaginal; al-Shāfiʿī held that whatever incurs the ḥadd penalty likewise invalidates the pilgrimage; while Mālik maintained that ejaculation itself nullifies the pilgrimage, as do its preliminaries such as fondling and kissing. Al-Shāfiʿī recommended that anyone who engages in sexual activity short of intercourse should nevertheless offer a hady.

They disagreed about one who has intercourse repeatedly. Mālik said that only a single hady is required. Abū Ḥanīfah said: if the acts occur in a single sitting, one hady suffices, but if they occur in separate sittings a hady is due for each act. Muḥammad ibn al-Ḥasan held that one hady suffices even with repeated intercourse, provided the first hady has not yet been offered. Three opinions are reported from al-Shāfiʿī; the most famous aligns with Mālik’s view.

They also differed concerning one who has intercourse forgetfully. Mālik treated inadvertence and deliberation alike, whereas al-Shāfiʿī’s later opinion is that no expiation is due.

They further differed on whether the woman must offer a hady. Mālik said: if she consented, a hady is due from her; if she was coerced, two hadys are due from the man. Al-Shāfiʿī said that only one hady is due from him, in keeping with his ruling on the man who has intercourse during