Yazid bin Nu'aym or Zayd bin Nu'aym (the narrator Abu Tawbah was unsure) said that a man from the tribe of Judham had intercourse with his wife while they were both in the state of ihram. Then he asked the Messenger of Allah (peace and blessings be upon him), and he (peace and blessings be upon him) said to them both: "Complete your rites and offer a sacrificial animal. Then go back, and when you reach the place where you committed what you committed, separate from each other so that neither of you sees the other. And another Hajj is due from you both; then (next year) when you come to that same place, enter ihram, complete your rites and offer a sacrificial animal."
This is munqati' (its chain is broken).
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الحج / 9778
Hadith Gradingمحدثین:ضعيف
Hadith Takhrij«ضعيف۔ اخرجه ابوداود في المراسيل، رقم 129»
Imam Malik (may Allah have mercy on him) said that it reached him that Sayyiduna Umar bin al-Khattab, Sayyiduna Ali bin Abi Talib and Sayyiduna Abu Hurayrah (may Allah be pleased with them) were asked about a man who had intercourse with his wife while in the state of ihram for Hajj. They said: The two of them should continue as they are until they complete their Hajj, but the following year another Hajj is due from them, and a sacrifice as well. And Sayyiduna Ali bin Abi Talib (may Allah be pleased with him) said: When they make the talbiyah for Hajj the following year, they shall remain apart from each other until they complete their Hajj.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الحج / 9779
Ata narrates from Sayyiduna Umar bin al-Khattab (may Allah be pleased with him) that if a husband and wife have intercourse while both are in the state of ihram, they shall both complete their Hajj, but they must perform Hajj again the following year from where they had entered ihram, and they shall remain apart until they have completed their Hajj.
Ata said: Whether the woman complied or was forced, one sacrifice is due from the husband and wife together.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الحج / 9780
Yazid bin Yazid bin Jabir (may Allah have mercy on him) said: I asked Mujahid (may Allah have mercy on him) about a man in ihram who has intercourse with his wife. He said: This happened in the time of Sayyiduna Umar (may Allah be pleased with him), and he said: The two of them (husband and wife) shall complete their Hajj, and Allah knows best about their Hajj. Then when they return, each of them is lawful for the other. But when the following year comes, the two of them (husband and wife) shall perform Hajj again, offer a sacrifice, and separate at the same place where they committed the sin.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الحج / 9781
Abu al-Tufayl Amir bin Wathilah (may Allah be pleased with him) narrates from Ibn Abbas (may Allah be pleased with him) concerning a man who has intercourse with his wife while in the state of ihram, that the two of them should complete the rites of Hajj and return to their town, but the following year they should set out for Hajj again; when they both enter ihram, they should not meet each other until they have completed the Hajj and offered a sacrifice.
(b) Abu al-Tufayl (may Allah be pleased with him) narrates from Ibn Abbas (may Allah be pleased with him) about this incident that they should then make the talbiyah from where they made it the first time.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الحج / 9782
Amr bin Shu'ayb narrates from his father, and he from his grandfather, that a man asked Sayyiduna Abdullah bin Amr (may Allah be pleased with him) about a man in ihram who has intercourse with his wife. He pointed to Sayyiduna Abdullah bin Umar (may Allah be pleased with him) and said: Ask him! Shu'ayb said: The man did not know him, so I went with him, and he asked Sayyiduna Ibn Umar (may Allah be pleased with him). He said: Your Hajj is void. The man said: Then what should I do? He said: Go out with the people and do as the people are doing. When the following year comes, perform Hajj and offer a sacrifice. He returned to Sayyiduna Abdullah bin Amr (may Allah be pleased with him), and I was with him, and he informed him. Then Sayyiduna Abdullah bin Amr (may Allah be pleased with him) sent him to Sayyiduna Ibn Abbas (may Allah be pleased with him), saying: Ask him. Shu'ayb said: I went with him to Sayyiduna Ibn Abbas (may Allah be pleased with him). He asked him, and he too answered as Sayyiduna Ibn Umar (may Allah be pleased with him) had. Then they came back again to Sayyiduna Abdullah bin Amr (may Allah be pleased with him), and I was with them, and he told him fully what Sayyiduna Ibn Abbas (may Allah be pleased with him) had answered. Then he said: What do you say about it? Sayyiduna Abdullah bin Amr (may Allah be pleased with him) said: What these two (that is, Ibn Umar and Ibn Abbas, may Allah be pleased with them) said is what I say.
This chain is sahih (authentic), and it contains evidence that Shu'ayb bin Muhammad bin Abdullah did hear from his grandfather Abdullah bin Amr.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الحج / 9783
Abu Bishr (may Allah have mercy on him) said: I heard a man from the tribe of Banu Abd al-Dar say that a man came to Abdullah bin Amr (may Allah be pleased with him) and asked about a man in ihram who has intercourse with his wife, but he gave no answer. He went to Ibn Abbas (may Allah be pleased with him), and Abdullah bin Amr (may Allah be pleased with him) said: If anyone can tell him something about it, it is the cousin of the Messenger of Allah (peace and blessings be upon him). The narrator said: Ibn Abbas (may Allah be pleased with him) said: They should perform the remaining rites of Hajj, but perform Hajj again the following year; and when they come to the place where they committed the sin, they should separate there, and a sacrifice is due from each of the two of them; or he said: a sacrifice is due from both of them. Abu Bishr (may Allah have mercy on him) said: I mentioned this to Sa'id bin Jubayr (may Allah have mercy on him), and he said: That is how Ibn Abbas (may Allah be pleased with him) used to say it.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الحج / 9784
Abu al-Zubayr narrates that the freed slave of Sayyiduna Abdullah bin Abbas (may Allah be pleased with him) informed him that a man and a woman of Quraysh met Sayyiduna Abdullah bin Abbas (may Allah be pleased with him) on the road to Madinah. The man said: I have had intercourse with my wife. So Sayyiduna Abdullah bin Abbas (may Allah be pleased with him) said: This Hajj of yours is void; perform Hajj the following year, then make the talbiyah from where you began it. When you reach the place where you committed the sin, then separate from your wife, so that you do not see her and your wife does not see you, until you have done the stoning (of the Jamrah). Then offer a sacrifice, and your wife as well.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الحج / 9785
Imam Mujahid narrates from Sayyiduna Abdullah bin Abbas (may Allah be pleased with him) that when he (the one in ihram) has intercourse, a sacrifice is due from each of the two of them.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الحج / 9786
Sa'id bin Jubayr (may Allah have mercy on him) said: A man came to Ibn Abbas (may Allah be pleased with him) and said: I had relations with my wife, that is, intercourse, before performing the Tawaf al-Ziyarah. Ibn Abbas (may Allah be pleased with him) said: If your wife helped you in this matter, then a fine, beautiful she-camel is due as a sacrifice from each of you. If your wife did not cooperate with you in this matter, then only you owe the sacrifice of a beautiful, fine she-camel.
(b) It is narrated from Jabir bin Zayd Abu al-Sha'tha' (may Allah have mercy on him) that they should complete this Hajj, and another Hajj is due from them the following year. If they are wealthy, they should also sacrifice a camel.
(c) Ibrahim al-Nakha'i (may Allah have mercy on him) said: The two of them shall separate and shall not come together until they have completed the Hajj.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الحج / 9788
Yahya bin Sa'id (may Allah have mercy on him) heard Sa'id bin al-Musayyib (may Allah have mercy on him) say: What is your view about a man who has intercourse with his wife while in the state of ihram? The people gave no answer. Sa'id (may Allah have mercy on him) said: A man in ihram had intercourse with his wife, so he sent (someone) to Madinah to ask about it. Some people replied that they should be separated until the following year. Sa'id bin al-Musayyib (may Allah have mercy on him) said: They shall continue as they are, and they shall complete the Hajj which the two of them spoiled. Then when the Hajj becomes due upon them, Hajj and a sacrifice are due from them, and they should begin the talbiyah for Hajj from where they first began the talbiyah for the Hajj which they invalidated, and the two of them shall remain apart until they complete the Hajj.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الحج / 9789