Musannaf Ibn Abi Shaybah

Hazrat Yazid bin Yazid bin Jabir narrates that I asked Hazrat Mujahid about a person who has sexual intercourse with his wife while in the state of Ihram. He replied that this had also happened during the time of Hazrat Umar bin Khattab. He had said that both of them should make up (Qada) for the Hajj; Allah knows best about their Hajj. Then both of them should break their Ihram and return. Each of them becomes permissible for the other. When the next year comes, both should perform Hajj and offer a sacrifice (Hadi), and at that place where this incident occurred, both should separate from each other (and complete their Hajj).

A man came to Hazrat Ibn Abbas (may Allah be pleased with them) and said, "I had lawful relations with my wife while in the state of Ihram." He replied, "Allah knows best about your Hajj. Both of you should go back, and you must perform Hajj next year. Then, when you reach the place next year where you had lawful relations with your wife, you both should separate, and do not be together until you complete the Hajj."

Hazrat Ali (may Allah be pleased with him) says about a person that a camel must be sacrificed for them, then when they come for Hajj the following year, they should move away from the place where this incident and act occurred.

It is narrated from Hazrat Saeed bin Khurshid that a person asked Hazrat Jabir bin Zaid and Hazrat Hasan bin Muhammad about a matter: a husband and wife entered into the state of Ihram for Hajj and then had intercourse. Both of them replied: They should complete the Hajj, and it is obligatory for them to must make up the Hajj next year, and if they are able, they must sacrifice a she-camel.

Hazrat Shu'aib narrates that a man came to Hazrat Abdullah bin Amr (may Allah be pleased with him) and asked, "A person has had had intercourse with his wife while in the state of Ihram; what should he do?" He (Hazrat Abdullah bin Amr) pointed towards Hazrat Abdullah bin Umar (may Allah be pleased with them both) and said, "Ask him." That man did not know him. Hazrat Shu'aib says, "I went with him to Hazrat Abdullah bin Umar (may Allah be pleased with them both) and then he asked him." He replied, "His Hajj is invalid." The man asked, "Should he then stop?" He replied, "No, rather he should go along with the people and do as they do. Then, when the next year comes, he should make up the Hajj and offer a sacrifice (dam)." Hazrat Shu'aib says, "Hazrat Shu'aib says, "Both of us then went to Hazrat Abdullah bin Amr (may Allah be pleased with him) and informed him. Then Hazrat Ibn Umar (may Allah be pleased with them both) sent us to Hazrat Ibn Abbas (may Allah be pleased with them both). Hazrat Shu'aib says, "Hazrat Shu'aib says, "Then I went with him to Hazrat Ibn Abbas (may Allah be pleased with them both) and he asked him."" Hazrat Ibn Abbas (may Allah be pleased with them both) also gave the same answer as Hazrat Ibn Umar (may Allah be pleased with them both) had given. Hazrat Shu'aib says, "Then that man returned to Hazrat Ibn Umar (may Allah be pleased with them both) and informed him." Then that man asked Hazrat Ibn Umar (may Allah be pleased with them both), "What is your opinion?" He replied, "The same as the opinion of both of them."

Hazrat Saeed bin Al-Musayyib says regarding such a person that he should proceed and complete his Hajj, and then return from wherever he wishes. Then, when the next year comes, he should enter into Ihram for Hajj from the place where he invalidated it, and he should offer two sacrifices, and both should be separate.

Hazrat Mujahid and Hazrat Ata say that both of them should complete the Hajj, and each one is required to offer a sacrifice (dam), even though one (sacrifice) is sufficient on behalf of both of them, and it is obligatory for them to perform Hajj the following year, but they should not be separate from each other the following year.

Hasan does not consider separation necessary for the person who has marital relations with his wife while in the state of Ihram.

Hazrat Hakam and Hazrat Hammad state regarding such a person that he should complete his Hajj; two sacrifices are obligatory upon him and he must perform the missed Hajj the following year. Then, when they reach the place the next year where this incident occurred, they should separate from each other, and until they exit the state of Ihram, they should not meet each other.