What is the consequence of sexual intercourse (Jima') with one's wife while both are in the state of Ihram during Hajj?
Chapter on What the Muhrim Must Avoid and What is Permissible for Him
Al-Mughni
Book of Hajj
Primary text
There is unanimous agreement among scholars, as narrated by Ibn al-Mundhir, that Hajj is only invalidated by sexual intercourse in the state of Ihram, and nothing else invalidates it. The basis for this is the narration from Ibn Umar, who instructed a man who engaged in intercourse while in Ihram to complete the rites, resolve the matter upon returning, and then perform Hajj again the following year with a sacrifice (Hady). If a sacrifice is unavailable, fasting for three days during the Hajj and seven days upon return is required. This ruling is also attributed to Ibn Abbas and Abdullah ibn Amr, and no dissenter from their time is known regarding this principle.
Supporting text
The ruling of Ibn Abbas is considered the highest narration concerning one who has intercourse during Hajj, and it is also narrated from Umar (may Allah be pleased with him). This view was held by Ibn al-Musayyib, 'Ata', Al-Nakha'i, Al-Thawri, Al-Shafi'i, Ishaq, Abu Thawr, and the Companions of Opinion (Ahl al-Ra'y). They state there is no distinction between intercourse occurring before or after standing at Arafah.