What expiation (Hady) is due upon the man who engages in sexual intercourse while in the state of Ihram?
Chapter on What the Muhrim Must Avoid and What is Permissible for Him
Al-Mughni
Book of Hajj
Primary text
It is incumbent upon the person who engages in intercourse (Jima') to offer a camel (Badanah). This is narrated from Ibn Abbas, 'Ata', Tawus, Mujahid, Malik, Al-Shafi'i, and Abu Thawr. Al-Thawri and Ishaq state that a camel is due, and if not possible, a sheep (Shāh).
Supporting text
The Companions of Opinion state that if intercourse occurs before standing at Arafah, the Hajj is invalidated, and a sheep is due. If it occurs after Arafah, a camel is due, and the Hajj is valid. They reason that before Arafah, the condition leads to mandatory Qadha' (repetition), but not invalidation of the core act, unlike after Arafah. The established proof counters this by asserting that intercourse in complete Ihram mandates a camel, like after Arafah, and follows the view of the named Companions who made no distinction.