Hadith 9321

Yahya related to me from Malik from Yahya ibn Said that he heardSaid ibn al-Musayyab asking a group of people, "What do you thinkabout someone who has intercourse with his wife while he is in ihram?"and none of them answered him. Said said, "There is a man who has hadintercourse with his wife while in ihram who has sent a message toMadina asking about it." Some of them said, "They should be kept apartuntil a future year," and Said ibn al-Musayyab said, "They shouldcarry on and complete the hajj which they have spoiled, and thenreturn home when they have finished. If another hajj comes upon them,they must do hajj and sacrifice an animal. They should go into ihramat the same place where they went into ihram for the hajj that theyspoiled, and they should keep apart until they have finished theirhajj."Malik said, "They should both sacrifice an animal."Malik said, about a man who had intercourse with his wifeduring hajj after he had come down from Arafa but before he had stonedthe Jamra, "He must sacrifice an animal and do hajj again in anotheryear. If, however, he had intercourse with his wife after he stonedthe Jamra, he only has to do an umra and sacrifice an animal and hedoes not have to do another hajj."Malik said, "What spoils ahajj or an umra and makes sacrificing an animal and repeating the hajjnecessary is the meeting of the two circumcised parts, even if thereis no emission. It is also made necessary by an emission if it is theresult of bodily contact. I do not think that a man who rememberssomething and has an emission owes anything, and if a man were to kisshis wife and no emission were to occur from that, he would only haveto sacrifice an animal. A woman in ihram who has intercourse with herhusband several times during hajj or umra out of obedience to him onlyhas to do another hajj and sacrifice an animal. That is if her husbandhas intercourse with her while she is doing hajj. If he hasintercourse with her while she is doing umra, she must repeat the umrashe has spoiled and sacrifice an animal."