What penalty is due for sexual intercourse after the first release (Tahlul) but before the final release?
Chapter on the Description of Hajj
Al-Mughni
Book of Hajj
Primary text
The incumbent penalty upon the person who engages in sexual intercourse after the first release (Tahlul) but before the final release is a sheep (shat). This is the apparent position in the statement of Al-Khiraqi and explicitly stated by Ahmad, 'Ikrimah, Rabi'ah, Malik, and Ishaq.
Supporting text
There is another narration asserting that a camel (Badanah) is due, a position held by Ibn Abbas, 'Ata', al-Sha'bi, Al-Shafi'i, and the Ashab al-Ra'y, based on the principle that intercourse during Hajj mandates a Badanah, just as it would before the stoning of Jamrat al-'Aqaba.