therefore it is unlawful for anyone in a state of ihram to engage in intercourse with women. Whoever has entered ihram for Hajj or ʿUmrah may not sleep with his wife or seek any form of sexual gratification from her, even if she herself is not in ihram. In Mālik’s view, the acts that invalidate ihram are: the deliberate emission of ejaculated fluid—so long as it is not the result of a nocturnal emission—and the full penetration of the glans. Likewise, according to Mālik, if someone kisses, fondles, or persistently gazes until he ejaculates, his ihram is corrupted. If ejaculation occurs after only a single glance, he owes nothing more than a compensatory sacrifice. Should he kiss or fondle without ejaculating, he must offer a blood-sacrifice, for which a sheep is sufficient.
Some have maintained that nothing invalidates the Hajj except an act that would incur both the bridal dower and the fixed legal penalty; the former opinion, however, is the position of Mālik. According to the scholars of Madīnah and elsewhere, the Hajj is nullified by intercourse or ejaculation when either occurs before standing at ʿArafah. Mālik further holds that anyone who has intercourse after ʿArafah but before stoning the Jamrat al-ʿAqabah—whether forgetfully or deliberately—also vitiates his Hajj, unless he had already performed the ṭawāf al-ifāḍah. If he had completed the ṭawāf al-ifāḍah before the stoning and then had intercourse, he need only offer a sacrificial animal and his Hajj remains valid. In Mālik’s view, the Hajj of one who has intercourse before both the stoning and the ifāḍah ṭawāf is invalidated only when the act takes place on the Day of Sacrifice itself, whether at its beginning or its end.
If the intercourse occurs after the Day of Sacrifice, the Hajj itself remains sound. Nevertheless, he must perform ʿUmrah and Hajj if he has not yet carried out the ṭawāf al-ifāḍah or the stoning; if the ṭawāf is done but the stoning is still outstanding, he is liable only for a compensatory offering. This, in summary, is Mālik’s doctrine, and it is the view adopted by most of his companions. Some of them, however—among them Ibn Wahb and Ashhab—said that intercourse on the Day of Sacrifice before stoning invalidates the Hajj whether or not the ṭawāf al-ifāḍah had already been performed; the earlier opinion is the sounder.
Ismāʿīl ibn Isḥāq remarked that Mālik’s ruling—namely, that one who has intercourse before the ifāḍah ṭawāf but after stoning the jamrah must perform an ʿUmrah and offer a sacrifice—is praiseworthy, in harmony with reports from Ibn ʿAbbās and ʿIkrimah. ʿAbd al-Malik explained that this ensures his circumambulation of the House is carried out while he is in a valid state of ihram.
As for the analogical reasoning on this matter, it rests on what has been reported from ʿUmar b