The World Federation One Stop Fiqh

Ritual 221

If a pilgrim, in ihram for Hajj deliberately has sexual intercourse with his partner, before wuquf at Muzdalifah, his Hajj is invalidated; if the lady is also in ihram and she knowingly and voluntarily condoned the act, her Hajj is also invalidated. There is a penalty on each of them; they also have to complete the remaining ceremonies and repeat the Hajj in the following year, whether the pilgrimage was obligatory or optional. However, if the woman was compelled into the act, her Hajj is not invalidated, and there will be no penalty on her. Her husband, who coerced her into it, should pay double the penalty.

The penalty for the intercourse is a camel, but if one cannot afford it, it is a sheep. It is mandatory that husband and wife live separately during the remainder of the pilgrimage – except in the presence of a third person – until they complete all the pilgrimage rituals, including those at Mina. They should return to the point where the intercourse took place. Should they choose to use a different route, they are free to meet, only when they have finished all the required acts of worship.

They should also be separated, during the repeat Hajj in the following year on arrival, until they reach the place where the intercourse took place in the preceding year. Indeed, as a matter of precaution, the separation should be maintained until the completion of all the pilgrimage devotions and the return to the place where the act took place.