However...

However, there is an obligatory penalty upon him which should, as a matter of precaution.be the sacrifice of a camel or a cow. If the intercourse takes place before sa'ee is completed, the penalty will still be a stated above. But as a matter of precaution, he must finish his Umra, 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 his stay at Muzdalifah, his Hajj is invalidated.

If the lady is also in ihram and she knowingly and voluntarily condoned the act, her Haij is also invalidated. Moreover, there is a penalty on each of them (which is described below), they must have to complete the remaining ceremonies and repeat the Hajj in the following year, whether the Hajj 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 sacrificing a camel, but if one cannot afford it, it is a sheep. It is also mandatory that the husband and wife live separately during the remainder of the pilgrimage - being together only in the presence of a third person - until they complete all the pilgrimage rituals, including those at Mina. Then they may/ 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 resulted acts of worship. They should also be separated, during the repeated 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 acts of pilgrimage, and the return to the place, where the act took place.

If a person, in ihram, intentionally had sexual intercourse after his stay at Muzdalifah, but before completing the fourth round of Tawaf-un-Nisa, the above-quoted penalty is obligatory on him; however, his pilgrimage is valid. But if the act is after the fourth round then there is no penalty. If a person knowingly has sexual intercourse during Umrat-ul-Mufradah, he is liable to the penalty previously discussed.

His Umra, however, is valid if the sexual act took place after sa'ee; otherwise it is invalidated as well.