The Rites of Hajj, Practical Treatise and Rules

17. Sexual Intercourse ======================

Article 150

Sexual intercourse with a spouse is Haraam in the state of Ihram and this matter has three types:

1- Whenever Muhrim performs sexual intercourse with his/her spouse deliberately in the Ihram of Hajj before staying at Mash’ar al-Haraam then his/her Hajj is corrupted, but it should be completed and retaken the following year. The atonement of this is one camel, and that man and woman should separate from each other (as an obligatory precaution) until the end of Hajj rituals or a third person accompanies them, and the next year they should also separate when they reach that place.

The ruling is the same for woman if she does it with free will, knowledge and deliberately, but if her husband forces her to do, then there is no atonement on her and her husband should pay twice the atonement. If they perform this act after Wuquf in Mash’ar al-Haram and before Tawaf of Nisa’ then their Hajj is correct, but they have performed a sin and should pay the atonement of one camel.

2- Whenever sexual intercourse is performed in Umrah al-Tamattu’, one camel is the atonement as an obligatory precaution, but Umrah is correct, even if it has performed before Sa’y of Safa and Marwah or before Taqsir and exiting from Ihram, but the Mustahab precaution is that if this has performed before Sa’y, then one should finish Umrah if it is possible and retake it later and if this is not possible, then one has to perform Hajj al-Tamattu’ the next year.

3- Whenever this act is performed in Umrah al-Mufradah before finishing Sa’y of Safa and Marwah, then the Umrah is invalidated and the atonement is one camel, and the obligatory precaution is to finish Umrah and wait for one month, then Muhrim goes to one of Miqats, wears Ihram again, and retakes Umrah al-Mufradah. There is no difference between obligatory and Mustahab Umrah, but if it was after Tawaf and Sa’y (and before Taqsir) Umrah is not invalidated.

Article 151

Whenever a Muhrim performs sexual intercourse with his/her spouse because of forgetfulness, carelessness or ignorance about the matter, then it does not harm his/her Hajj or Umrah and there is no atonement for that.

Article 152

If a man has a sexual relation with his wife without intercourse, then he should pay the atonement of one camel, but it is not necessary to retake Hajj in the next year, the ruling is the same for woman and in the case of Ikrah (duress), this is like past articles.

Article 153

Atonement is one camel in all the above cases as obligatory precaution, and there is no difference between temporary or permanent spouse, also anal and vaginal intercourses are the same in this ruling.

Article 154

The above rulings are the same in obligatory and Mustahab Hajj and Hajj by proxy, but in the case of performing this act proxy has the right of leasehold, but he/she should act to the duties above (all these are in the case of performing deliberately).