The Case of One Who Involves in Carnal Relations with His Wife Before Completing the Acts of His al-Hajj

“I once asked him (the Imam) (a.s.), about a man who in the state of Ihram performs sexual relation with his wife who also is in the state of Ihram. He (the Imam) asked, ’Do they know or they are ignorant?’ I replied, ’It is not known altogether.’ He (the Imam) said, ‘If they are ignorant, they must ask forgiveness and continue their al-Hajj and there is nothing on them. If they know they must separate at that place where it has happened. They owe one badanah each and al-Hajj in future. When they reach that place where it happened, they must separate from each other until they complete all acts of al-Hajj and return to the place where it had happened.’ I then asked, ‘Which of the two al- Hajj is for them?’ He (the Imam) said, ‘It is the first al-Hajj in which they did what they did and the other al-Hajj is a penalty upon them.’”

“About a man who is in the state of Ihram and performs sexual relation with his wife, abu ‘Abd Allah (a.s.), has said, ‘If intercourse has taken place, he owes a badanah and al-Hajj in future; if it has not taken place, he owes one badanah but not al-Hajj in future.’ I then asked, about a man who performs sexual relation with his wife while he is in the state of Ihram. He (the Imam) said, ‘If he does not know the rule he does not owe anything. If he is not ignorant, then he must drive a badanah and he owes al-Hajj in future. When he arrives at the place where it had happened they must separate from each other’s carriage and must not sit together in one tent unless there is a third person present with them until the offering reaches its place.’”

“I once asked abu al-Hassan (a.s.), about a man who is in the state of Ihram and is involved in sexual relation with his wife. He (the Imam) said, ‘He has done a great awfull thing.’ I said, ‘Grant us a Fatwa.’ He (the Imam) said, ‘I despise it, does he not despise it?’ I then said, ‘Grant us a Fatwa about both of them.’ He (the Imam) said, ‘If she despised it, there are two badanah on him, if she did not despise, there is one badanah on him and she owes one badanah. They must stay away from each other from that place until they reach Makkah and they owe al-Hajj in future.’ I then said, ‘When they arrive in Makkah will she be his wife as before?’ He (the Imam) said, ‘Yes, she is his wife as before and when they arrive at the place where it had happened they still remain separated until they come out of the state of Ihram; it then ends. This is what my father (a.s.), has said.’” In another Hadith it is said that if he cannot offer badanah he must feed sixty destitute people, one mud (a certain measurement) to each person, and if he cannot do this also he must fast eighteen days and the same rule applies to her case also.

“I once asked abu al-Hassan (a.s.), about a man who is not in the state of Ihram and involves himself in sexual relation with his slave-girl who is in the state of Ihram. He (the Imam) asked, ‘Is he affluent or poor?’ I replied, ‘I am a stranger about his condition.’ He (the Imam) asked, ‘Did he command her to assume the state of Ihram or she did it on her own?’ I replied, ‘I am stranger about it.’ He (the Imam) then said, ‘If he is affluent and knowing that he must not have done so and he was the one who commanded her to assume the state of Ihram, he owes one badanah or if he likes one cow or one sheep. If he did not command her to assume the state of Ihram, he then does not owe anything, regardless of being affluent or poor, but if he had commanded her to assume the state of Ihram and he is poor, he then owes one sheep.’”

“I once asked abu ‘Abd Allah (a.s.), about a man who is in the state of Ihram as well as his wife and he involves himself in sexual relation with her. He (the Imam) said, ‘If it is with her and his lustfulness, they both owe an offering. They must separate from each other until all acts of al-Hajj are complete and they return to the place where it had happened; if it was not with lust on her part, instead she had despised, then she does not owe anything.’”