(1) Ibn al-Mundhir states in al-Ijma', p. 63: “They unanimously agreed that whoever deliberately has intercourse during his Hajj before standing at Arafah must perform Hajj again the following year.” On p. 76, he states: “They unanimously agreed that whoever has intercourse before performing tawaf and sa'y has invalidated his Hajj.” The view that the Hajj is invalidated was reported from Umar, Ali, and Abu Hurayrah, may Allah be pleased with them: “They were asked about a man who had intercourse with his wife while in ihram, and they replied: ‘They should complete their rites, then both must perform Hajj the following year and offer a sacrifice.’” Malik recorded it in al-Muwatta' (1/381) as a balagh report, and al-Bayhaqi transmitted it through him (5/167). Al-Bayhaqi (5/167) also narrated it from Ata' from Umar, but it is disconnected, as stated in al-Jawhar al-Naqi (5/167). It was also narrated by Ibn Abi Shaybah, as cited in al-Mulhaq (p. 136); by al-Bayhaqi (5/167); and by Ibn Hazm in al-Muhalla (7/190). Ibn Hazm said: “It is mursal from Umar, since it is narrated by Mujahid from Umar, and Mujahid did not live to meet Umar.” See also al-Talkhis (2/282-283). It was also reported from Ibn Umar and Ibn Abbas, may Allah be pleased with them, that the rites of one who has intercourse with his wife are invalidated, yet he must continue and complete them, perform Hajj the following year, and offer a sacrifice. Ibn Abi Shaybah narrated it, as cited in al-Mulhaq (p. 137); as did al-Daraqutni (3/50) and al-Bayhaqi (5/167). Al-Bayhaqi said: “This chain of transmission is authentic.” (2) Among such reports is that narrated by Yahya ibn Abi Kathir, who said: Yazid ibn Nu'aym, or Zayd ibn Nu'aym - the narrator was uncertain - informed me that a man from Judham had intercourse with his wife while they were both in ihram. They asked the Prophet, peace and blessings be upon him, and he said to them: “Complete your rites and offer a sacrifice. Then return, and when you reach the place where you did what you did, separate from one another, and neither of you should see the other. You must also perform another Hajj.” Abu Dawud narrated it in al-Marasil (p. 140), and al-Bayhaqi transmitted it through him (5/167), saying: “This is disconnected.” Ibn Hajar stated in al-Talkhis (2/283): “Its narrators are trustworthy despite its being mursal; Ibn Wahb also narrated it in his Muwatta' from Sa'id ibn al-Musayyib in mursal form.”