Acts forbidden during ihram
– Whoever has sexual intercourse after the first partial release from ihram must perform an independent ʿumrah; this is established by Ahmad’s explicit texts (1).
[Majmūʿ al-Fatāwā 20/375; al-Furūʿ 5/458; Ikhtiyārāt al-Baʿlī p. 174]
– The principle indicated by the Quran and the Sunnah is that when a person commits a forbidden act out of forgetfulness he is not considered to have violated a prohibition; consequently none of his acts of worship are invalidated, and there is no distinction between intercourse and any other act, whether during ihram or while fasting.
– The most evident view concerning the forgetful or mistaken person who commits a prohibited act is that he incurs no liability except the compensation for game (2).
[Majmūʿ al-Fatāwā 20/570; 25/226; al-Furūʿ 5/447]
(1) According to the established Hanbali view (al-madhhab), the pilgrim must enter the state of ihram from outside the sacred precinct (al-hill) so that his rites cover both the hill and the haram; this guarantees that his tawaf is performed while in a valid ihram. Al-Insaf 3/500.
(2) The Hanbali school holds that the expiation required for sexual intercourse during ihram is the same whether the act is committed deliberately, inadvertently, or forgetfully. For the other prohibitions of ihram: if the act entails destruction or removal—namely intimate contact, hunting, clipping the nails, or shaving—deliberate, ignorant, and forgetful offenders are treated alike and must offer the prescribed expiation. If the act does not involve such destruction—wearing stitched garments, applying perfume, or covering the head—the ignorant or forgetful pilgrim is excused and no expiation is due. See: Al-Insaf 3/527.