al-Khattāb, and from a number of the Successors as well, that anyone who has intercourse with his wife while performing Hajj—before circling the House—must repeat the pilgrimage the following year. The reason is that circumambulation of the House is an obligation that may under no circumstance be omitted. Allah, Exalted is He, says: “Proclaim the pilgrimage to mankind…” until His words, “and let them circumambulate the Ancient House” (Q 22:27–29). This circumambulation, which is the ṭawāf al-ifāḍah, is therefore compulsory. Accordingly, when a pilgrim has intercourse before completing it, his Hajj is rendered void.

Pure analogy would not require that a valid circumambulation performed for ʿUmrah stand in place of the circumambulation required for Hajj; permitting that substitution is a form of juristic preference. Mālik said, “Of everything I have heard on the matter, this is the soundest view.” All of the foregoing is Ismāʿīl’s discussion in the extended abridgement he composed.

Ibn Nāfiʿ also transmitted from Mālik that the obligatory circumambulation is the ṭawāf al-ifāḍah, and that whoever departs without performing it must return from his homeland—even from al-Andalus—until he completes it. Whoever invalidates his Hajj by any of the aforementioned acts has broken his ihram and nullified his pilgrimage, yet he must still continue with its rites until he finishes them, then exit from the state of ihram exactly as one whose Hajj is sound. After that he must perform another Hajj the following year and offer a sacrificial animal, whether the original pilgrimage was obligatory or voluntary.

He is not allowed to remain in the same ihram until the next year in order to carry out the Hajj then; should he do so and perform the pilgrimage in that ihram, the Hajj would still be invalid and would have to be made up. Nor may he renew his ihram in the midst of that corrupted Hajj, hoping thereby to rectify what he spoiled. Rather, he stays subject to the rulings of the invalid Hajj until he completes it, then repeats it the next year and offers a sacrifice. No further liability is incurred for any new ihram he may have adopted in ignorance, believing it would compensate for what he had spoiled.