2. Sexual Activity

#219: A pilgrim who is in the state of consecration for ´Umratu-t-Tamattu´ is prohibited from engaging in sexual intercourse. Similarly, sexual union is forbidden for the pilgrim during the ´Umratu-l-Mufradah and the Hajj until after having performed the prayer of the ṯawāf-un-nisā.

#220: If a pilgrim consciously and intentionally engages in vaginal or anal sexual intercourse with his wife during the ´Umratu-t-Tamattu´ after having performed the walk between Safa and Marwa (sa´ī), the ´Umrah is not void but an expiation has to be paid which should be – as a precaution – a cow or a camel.

If the intercourse takes place before the sa´ī is completed, the penalty has to be paid as indicated above. However, as a precaution, the pilgrim should complete the ´Umrah and the subsequent pilgrimage and must also repeat them both the next year.

#221: If a pilgrim, whilst in the state of consecration for the Hajj, intentionally and consciously engages in vaginal or anal sexual intercourse with his wife before terminating the stay in Muzdalifah, his Hajj is invalidated. The same applies for his wife if she is also in the state of consecration and if she knowingly and deliberately allowed that to happen. A penalty is imposed on both of them. Both of them have to complete the remaining ceremonies and must also perform the pilgrimage again the following year, regardless of whether it is an obligatory pilgrimage or an optional one. If she was compelled to have sex, her pilgrimage is not invalidated and she does not need to pay any penalty. A double penalty is imposed on the husband, who coerced her.

The reparation for the intercourse is a camel, but if the person cannot afford that, it is a sheep. For the rest of the pilgrimage, the couple is not allowed to be together unless a third person is present until they have completed all the rituals of the pilgrimage – including the rituals in Mina – and then return to the place where the intercourse took place. Thereafter they may be once again be alone with each other, provided that they have completed all the required acts of worship.

When they repeat the pilgrimage the following year, upon reaching the place where they had sexual intercourse the previous year, they should continue on separately until they have performed the slaughter of the sacrificial animal in Mina. As a precaution, the separation ought to be maintained until they have completed all the rituals and have returned to the place where they had sex.

#222: If a pilgrim who is in the state of ihrām has sexual intercourse after staying in Muzdalifah but before completing the ṯawāf-un-nisā, they are obligated to make the expiation as mentioned above but their pilgrimage is valid. The same applies if the act took place before the fourth round of the ṯawāf-un-nisā was finished. If it happens afterwards, the penalty does not apply.

#223: If a person knowingly and intentionally has sexual intercourse during the ´Umratu-l-Mufradah, they are liable to the above-mentioned penalty. Nonetheless, their ´Umrah is valid if the intercourse took place after the sa´ī; otherwise it is void. In that case, the pilgrim concerned is obligated to stay in Mecca until the next month and then has to re-enter through one of the five mawāqīt in order to regain the state of consecration and to repeat the ´Umrah. It is not sufficient to assume the state of consecration at the outskirts of the Holy Area (Adna-l-hil). As a precautionary measure, they also have to complete the ´Umrah that was invalidated.

#224: If a pilgrim who has already left the state of consecration has sexual intercourse with his wife who is still in the state of ihrām and she agreed to it, she is liable for the penalty, which is a camel. If her husband coerced her, he has to pay the kaffārah. As a precaution, he should also pay the penalty of his wife.

#225: If a pilgrim who is in the state of ihrām has sexual intercourse with his wife out of ignorance or due to an oversight, his ´Umrah and Hajj are deemed valid and no reparation is necessary. This rule applies for all of the prohibitions, which incur a penalty. That is to say that the acts, which are prohibited during the state of ihrām, do not require expiation if they were done out of ignorance or due to an oversight. This rule does not apply in the following cases:

1. A pilgrim who forgot to perform ṯawāf during the Hajj or the ´Umrah and has already returned home and there has sexual intercourse with his wife.

2. A pilgrim forgets to perform some parts of the sa´ī during the ´Umratu-t-Tamattu´ and quits the state of consecration, thinking that he is done.

3. A pilgrim who unnecessarily runs his hand over his head and beard, causing one or several hairs to fall out.

4. A pilgrim who applies perfume or scented oil on his body out of ignorance.

These aspects will be treated later in detail.