Is sexual intercourse while in the state of complete Ihram (before the first tanallul) subject to the same ruling regarding validity irrespective of intent or compulsion?
Chapter on the Description of Hajj
Al-Mughni
Book of Hajj
Primary text
Sexual intercourse invalidates the Hajj for all parties involved, encompassing those who forget, intentionally commit the act, are coerced, willingly comply, are awake, or are ignorant of the ruling. This applies equally before or after the Day of Sacrifice, as long as it occurs before the first tanallul, invalidating the Hajj similar to intercourse on the Day of Sacrifice. The ruling is that all circumstances are equal because it is an act requiring later compensation (qada), similar to missing the Hajj.
Supporting text
Al-Shafi'i, in one of his two opinions, holds that the Hajj of one who forgets is not invalidated because they have an excuse. Ahmad stated that he knows of no one who holds the Hajj remains valid except Abu Hanifah.