in Ramadan.

The majority of the jurists hold that when the two of them—the man and the woman—repeat the pilgrimage the following year, they must travel separately. Others maintain that they are not required to separate. The view that no separation is necessary is transmitted from some Companions and Successors and is also the position of Abū Ḥanīfah. Mālik and al-Shāfiʿī, however, differed over the point from which the separation should begin: al-Shāfiʿī said they part company from the place where they corrupted the pilgrimage, whereas Mālik said they separate from the place where they first entered iḥrām, unless they had assumed iḥrām before reaching the miqāt.

Those who insist on their separation do so as a preventive measure and as a punishment, while those who do not obligate it uphold the original rule that no judgment is established in this field without a textual proof.

The scholars also disagreed over the sacrificial offering required for intercourse. Mālik and Abū Ḥanīfah say that it is a single sheep. Al-Shāfiʿī insists that only a camel (badanah) suffices; if one cannot obtain a camel, its value is assessed in silver, the silver is converted into food, and if he still cannot manage, he fasts one day for every mudd. He further states that feeding the poor and offering the sacrificial animal are valid only in Mecca or Minā, whereas the fasting may be performed wherever he wishes.

Mālik says that every deficiency that occurs in the state of consecration—whether through intercourse, shaving the head, or being prevented from completing the rites—obliges the offender, if he cannot find an animal to sacrifice, to fast three days during the pilgrimage and seven upon his return home; feeding the poor is not an option here. Thus Mālik likens the required blood in this case to the blood due from one performing tamattuʿ, whereas al-Shāfiʿī likens it to the blood required for fidyah. According to Mālik, feeding is prescribed only for the expiation of hunting or for removing hair.

Al-Shāfiʿī is of the view that fasting and feeding have been accepted as substitutes for the sacrificial blood in two situations, whereas they have been rejected in only one; by analogy, therefore, extending feeding to the unaddressed case is preferable. This concludes the discussion of invalidation through intercourse.

[On Missing the Hajj]

As for invalidation by missing the appointed time—namely, failing to stand at ʿArafah on the Day of ʿArafah—the scholars unanimously agree that anyone in this situation does not leave his state of iḥrām until he has circumambulated the House and walked between Ṣafā and Marwah. In other words, he must end his iḥrām with an ʿumrah and is obliged to perform the Hajj the following year.

They then differed as to whether a hady is due. Mālik, al-Shāfiʿī, Aḥmad, al-Thawrī, and Abū Thawr say that it is, basing themselves on the consensus that anyone whom illness detains until he misses the Hajj must offer a hady. Abū Ḥanīfah holds that he terminates his consecration with an ʿumrah, performs the Hajj the next year, and owes no hady; the Kufans argue that the hady was originally instituted as a substitute for repeating the rites, and where a make-up is required no hady is due unless consensus specifically stipulates it.

Mālik, al-Shāfiʿī, and Abū Ḥanīfah also differed regarding one who misses the Hajj while performing qirān: must he make up an isolated Hajj or a combined Hajj and ʿumrah? Mālik and al-Shāfiʿī say that he must make it up as qirān, for one must replace like with like. Abū Ḥanīfah says that only an isolated Hajj is required, since he has already performed ṭawāf for his ʿumrah and therefore need only make up what he missed.

The majority of scholars hold that someone who has missed the Hajj should not remain in iḥrām until the following year; this is also the preferred view of Mālik, though he allows remaining in iḥrām so that the hady is waived and there is no need to exit iḥrām by performing an ʿumrah.

The root of their disagreement here traces back to their differing views about a person who assumes iḥrām for Hajj outside the months of Hajj; whoever does not