A man who has intercourse with his wife while in ihram

Yazid bin Yazid bin Jabir said: I asked Mujahid about a person who has intercourse with his wife while in ihram. He said: This happened in the time of Sayyiduna Umar bin al-Khattab (may Allah be pleased with him) as well, and he said: The two of them will complete their Hajj, and Allah Almighty knows best about the Hajj of the two of them; then they will both come out of ihram and return, each of them lawful for the other. When the next year comes, they should both perform Hajj and offer a sacrifice, and at the place where this happened they should separate from each other (and complete their Hajj).

A man came to Sayyiduna Ibn Abbas (may Allah be pleased with them both) and said: I had intercourse with my wife while in ihram. He said: Allah Almighty knows best about the Hajj of the two of you. Carry on your way, and you owe a Hajj next year. Then, when next year you reach the place where you had intercourse with your wife, the two of you should separate, and do not come together until you have both completed your Hajj.

Sayyiduna Ali (may Allah be pleased with him) said concerning such a man: Each of them must sacrifice a camel; then when they come for Hajj the following year, they should separate from the place where this incident took place.

Sa'id bin Khurshid narrates that a man asked Jabir bin Zayd and al-Hasan bin Muhammad about a husband and wife who had entered ihram for Hajj, after which he had marital relations with her. They both said: They should complete their Hajj, and they must make up the Hajj the following year; and if they are well-off, they must sacrifice a camel.

Shu'ayb said: A man came to Sayyiduna Abdullah bin Amr (may Allah be pleased with him) and asked about a man who had marital relations with his wife while in ihram. He pointed him towards Sayyiduna Abdullah bin Umar (may Allah be pleased with them both), telling him to ask him, but the man did not know him. Shu'ayb said: So I went with him to him, and he asked him. He said: His Hajj is void. He said: Should he then sit back? He said: No; rather he should go along with the people and do just as the people do, and then when the following year comes, he should make up the Hajj and offer a sacrifice. Shu'ayb said: We both came to Sayyiduna Abdullah bin Amr (may Allah be pleased with him) and informed him, and then Sayyiduna Abdullah bin Amr (may Allah be pleased with him) sent us to Sayyiduna Ibn Abbas (may Allah be pleased with them both).

Shu'ayb said: So I went with him to Sayyiduna Ibn Abbas (may Allah be pleased with them both), and he asked him, and he told him the same as what Sayyiduna Ibn Umar (may Allah be pleased with them both) had said. Then he went back to him (Sayyiduna Abdullah bin Amr (may Allah be pleased with him)) and informed him.

Then the man said to him (Sayyiduna Abdullah bin Amr (may Allah be pleased with him)): What is your own view? He said: The same as what the two of them said.

Sa'id bin al-Musayyib said concerning such a person: They should proceed and complete their Hajj, and return from wherever they wish; then when the following year comes, they should enter ihram for Hajj from the place where they had entered ihram for the Hajj that they spoiled, offer two sacrifices, and separate from each other.

Mujahid and Ata said: The two of them should complete their Hajj, and each of them owes a dam (blood sacrifice), though a single one would suffice for both of them; and they must perform Hajj the following year, but they will not separate from each other the following year.

Al-Hasan did not consider separation necessary for a man who has marital relations with his wife while in ihram.

Al-Hakam and Hammad said concerning such a person: They should complete their Hajj; they owe two sacrifices and must make up the Hajj the following year. Then when they reach, the following year, the place where this happened, they should separate from each other, and not come together until they have come out of ihram.