What is the ruling on someone who engaged in foreplay to sodomy until ejaculation during Hajj, then performed Hajj thereafter and repented? And what are the consequences of his action, such as a compensatory offering (dam) or other things?
If the indecent act does not reach the extent of sexual intercourse, then the Hajj is not invalidated by it, according to the majority of scholars. In this case, he owes expiation of a camel or a sheep, though there is disagreement on this point.
If the direct contact occurred before the first tahallul (partial release from ) and semen was ejaculated, then sin and a (expiation) of a camel are incurred, but the ritual (Hajj) is not invalidated, nor is the state of ihram. If ejaculation occurred after the first tahallul and before the second, then the Hajj is valid and a dam (sacrifice) is due. A camel is more complete, but if he cannot afford it, a sheep suffices, along with repentance and seeking forgiveness.
The Malikis have elaborated on the matter, stating that Hajj is invalidated by (major ritual impurity) due to sexual intercourse and its preliminaries if it occurs before standing at Arafat, or on the Day of Sacrifice before throwing the Aqabah jamrah and before the (circumambulation). It is not invalidated if it occurs after throwing the Aqabah jamrah, or after the tawaf, or after the Day of Sacrifice, and in this case, a hady (sacrificial animal) is due. If the Hajj is invalidated, he must proceed with it and then make it up.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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