Sexual union is forbidden for a pilgrim, in ihram for an Umrat-ut-Tamatu' or Umrat-ul- Mufradah or during Hajj; this is the case even after performing them, but before saying the prayers for Tawaf-un-Nisa.
If during an Umrat-ut-Tamatu' a pilgrim intentionally has sexual intercourse with his wife, and if he does so after performing sa'y, the Umrah is not invalidated. However, there is an obligatory penalty upon him which should, as a matter of precaution, be camel or a cow.
If the intercourse takes place before sa'y is completed, the penalty will be as stated above. As a matter of precaution, he must finish his Umrah, the pilgrimage that follows it, and repeat both of them in the ensuing year.
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.
If a person, in ihram, had intentionally had a sexual intercourse after wuquf at Muzdalifah, but before completing the fourth round of Tawaf-un-Nisa, the above-quoted penalty is obligatory on him; however, his pilgrimage stands.
If a person knowingly has a sexual intercourse during Umrat-ul-Mufradah, he is liable to the penalty, previously discussed. His Umrah, though, is valid, if the sexual act took place after sa'y; otherwise the it is invalidated as well. It is then mandatory on him to remain in Makkah for another month, and proceed to one of the Meqats to wear ihram again to repeat Umrah. It is not sufficient to wear ihram from Adnal hil. As a matter of precaution, he must also complete the Umrah that was rendered invalid.
If a pilgrim, relieved from his ihram, had a sexual intercourse with his wife, who is still in ihram, she becomes liable to a kaffarah of a camel, which must be borne by the husband.
If a pilgrim, in a state of ihram , has a sexual intercourse with his wife out of ignorance or due to an oversight, his Umrah and Hajj are valid; there shall be no penalty on him. This rule also applies to all the other prohibitions which attract penalties. That is to say that an act of a pilgrim, in ihram, will not attract a penalty, if it was performed out of ignorance or due to an oversight, except in the following cases:
if he forgets a tawaf in Hajj or Umrah till he returns to his country, and has intercourse with his wife;
if he forgets some parts of the sa'y in Umrat-ut-Tamatu' and has intercourse with his wife considering himself relieved of ihram;
if he needlessly keeps stroking his head or beard, and a hair or two drop off;
if out of ignorance, he applies oil to his body.
The rules relating to these aspects will be discussed at their appropriate places.