Muwatta Imam Malik (Riwayat Yahya)

Imam Malik, may Allah have mercy on him, said that Allah, the Blessed and Exalted, said: «﴿فَلَا رَفَثَ وَلَا فُسُوقَ وَلَا جِدَالَ فِي الْحَجِّ﴾ [البقرة: 197]» "There is to be no sexual relations, no disobedience, and no arguing during Hajj." The meaning of «رفث» is sexual intercourse, and Allah knows best. Allah, the Blessed and Exalted, said: «﴿أُحِلَّ لَكُمْ لَيْلَةَ الصِّيَامِ الرَّفَثُ إِلَى نِسَائِكُمْ﴾ [البقرة: 187]» "It is made lawful for you to have sexual relations with your wives during the nights of fasting." Here, "rafath" refers to sexual intercourse.

Imam Malik, may Allah have mercy on him, said: And by "fisq" is meant the slaughtering of animals for idols. Allah, the Exalted, said: «﴿أَوْ فِسْقًا أُهِلَّ لِغَيْرِ اللّٰهِ بِهِ﴾ [الأنعام: 145]» "Or fisq is that upon which a name other than Allah's has been invoked." And "arguing" refers to the fact that the Quraysh used to stay at Muzdalifah near Qazah, while everyone else would descend at Arafat, so the two groups would fight and argue with each other, saying: "We are on the straight and correct path." The others would say: "We are on the right way." So Allah, the Exalted, said: «﴿لِكُلِّ أُمَّةٍ جَعَلْنَا مَنْسَكًا هُمْ نَاسِكُوهُ، فَلَا يُنَازِعُنَّكَ فِي الْأَمْرِ وَادْعُ إِلَى رَبِّكَ إِنَّكَ لَعَلَى هُدًى مُسْتَقِيمٍ﴾ [الحج: 67]» meaning, "We have appointed for every group a way which they follow, so do not argue with you in the matter of religion, and call to your Lord, surely you are on the straight path." So this is the meaning of arguing during Hajj. (And Allah knows best), and I have heard this from the people of knowledge.