What is the ruling regarding separation for spouses who commit intercourse while in the state of Ihram after completing the act?
Chapter on What the Muhrim Must Avoid and What is Permissible for Him
Al-Mughni
Book of Hajj
Primary text
Upon the completion of sexual intercourse while in the state of Ihram, the couple must separate from the place of the act until they complete their Hajj rituals. This ruling is narrated from Umar and Ibn Abbas. Sa'id and Al-Athram narrated from Umar that when asked about a man who engaged with his wife while they were both in Ihram, he instructed them to complete their Hajj, and upon returning the following year, they should perform Hajj again and offer a sacrifice (Hady), separating when they reach the place where the transgression occurred until they exit the state of Ihram (tahallul). This view is held by Sa'id ibn al-Musayyib, 'Ata, Al-Nakha'i, Al-Thawri, Al-Shafi'i, and the Ashab al-Ra'y (followers of opinion/Hanafi school). The rationale is that the Ihram prior to the location of the corruption was valid and separation is unnecessary there, analogous to someone who did not invalidate their Ihram. The separation is specifically mandated at the location of the intercourse because the sight of the place might remind them of the act, leading to recurrence.
Supporting text
A second opinion mandates separation immediately from the point where they entered Ihram until they achieve full release (tahallul). This is narrated from Ali, related by Malik in the Muwatta, and also attributed to Ibn Abbas. This is the view of Malik, based on the necessity of separation to prevent a relapse into the prohibited act, which is a perpetual concern throughout their state of Ihram.