Marital relations during الإحرام is the most severe violation of the الإحرام state. Scholars unanimously agree that if a الحاج has sexual intercourse before the first tahalul (which occurs on the Day of Sacrifice after stoning Jamrat al-Aqabah, shaving/cutting hair, and either الطواف or sacrifice), the consequences are extremely serious. There are three mandatory consequences عند the consensus of the four schools:
First, the الحج is invalidated (fasid). However, the الحاج must complete all remaining rites of the الحج as if it were valid — they cannot simply stop and go home. Second, the الحاج must perform the الحج again the following year to make up for the invalidated one, as the obligation of الحج remains unfulfilled. Third, the الحاج must pay a kaffarah, which عند جمهور العلماء is sacrificing a camel. If unable to find or afford a camel, they sacrifice a cow. If unable, they sacrifice seven sheep.
الشيخ ابن باز explained that both spouses bear the sin if both were willing participants, and both must make up the الحج. The kaffarah is shared between them عند one opinion, while another opinion requires a kaffarah from each. الشيخ ابن عثيمين clarified that if the intercourse occurs after the first tahalul but before الطواف al-Ifadah, the الحج is not invalidated عند the majority, but the الحاج enters a state of partial الإحرام, must exit the Haram to re-enter الإحرام from the nearest boundary, perform الطواف al-Ifadah, and sacrifice a sheep. This is a lesser penalty than the pre-tahalul violation. الفوزان noted that ignorance of the ruling does not excuse the violation in this case عند most scholars, given the severity of the prohibition.