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Hadith 34637
Yahya related to me from Malik that Yahya ibn Said said that
Sulayman ibn Yasar told him that Abu Ayyub al-Ansari once set off to
do hajj and then, when he reached an-Naziya, on the road to Makka, his
riding beasts strayed. He reached Umar ibn al-Khattab on the day of
sacrifice and told him what had happened and Umar said, "Do what
someone doing umra would do, and then you can leave ihram, and then
when the hajj next comes upon you, do it and sacrifice whatever animal
is easy for you ."
Muwatta Malik Book 20, Hadith 165
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Yahya related to me from Malik from Yahya ibn Said that he heard
Said ibn al-Musayyab asking a group of people, "What do you think
about someone who has intercourse with his wife while he is in ihram?"
and none of them answered him. Said said, "There is a man who has had
intercourse with his wife while in ihram who has sent a message to
Madina asking about it." Some of them said, "They should be kept apart
until a future year," and Said ibn al-Musayyab said, "They should
carry on and complete the hajj which they have spoiled, and then
return home when they have finished. If another hajj comes upon them,
they must do hajj and sacrifice an animal. They should go into ihram
at the same place where they went into ihram for the hajj that they
spoiled, and they should keep apart until they have finished their
hajj."
Malik said, "They should both sacrifice an animal."
Malik said, about a man who had intercourse with his wife
during hajj after he had come down from Arafa but before he had stoned
the Jamra, "He must sacrifice an animal and do hajj again in another
year. If, however, he had intercourse with his wife after he stoned
the Jamra, he only has to do an umra and sacrifice an animal and he
does not have to do another hajj."
Malik said, "What spoils a
hajj or an umra and makes sacrificing an animal and repeating the hajj
necessary is the meeting of the two circumcised parts, even if there
is no emission. It is also made necessary by an emission if it is the
result of bodily contact. I do not think that a man who remembers
something and has an emission owes anything, and if a man were to kiss
his wife and no emission were to occur from that, he would only have
to sacrifice an animal. A woman in ihram who has intercourse with her
husband several times during hajj or umra out of obedience to him only
has to do another hajj and sacrifice an animal. That is if her husband
has intercourse with her while she is doing hajj. If he has
intercourse with her while she is doing umra, she must repeat the umra
she has spoiled and sacrifice an animal." Muwatta Malik Book 20, Hadith 164
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Malik related to me from Nafi from Sulayman ibn Yasar that Habbar
ibn al-Aswad arrived on the day of sacrifice while Umar ibn al-Khattab
was sacrificing his animal and said, "Amir al-muminin, we made a
mistake in our reckoning and we thought that today was the day of
Arafa." Umar said, "Go to Makka, you and whoever else is with you, and
do tawaf and sacrifice your animal if you have one with you. Then
shave or cut your hair and return home. Then, in another year, do hajj
and sacrifice an animal, and if you cannot find one, fast three days
on hajj and seven when you return home."
Malik said, "Someone
who intends to do hajj and umra together and then misses the hajj must
do hajj again in another year, doing hajj with umra, and offer two
sacrificial animals, one for doing the hajj with umra, and one for the
hajj that he has missed." Muwatta Malik Book 20, Hadith 166