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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Intercourse with one's wife during the day in Ramadan, and the ruling that if they do not pray, there is no making up of the fast for them

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Fatwa number ( 17311 )
Q: It happened that I had intercourse with my wife in the month of Ramadan twice in two different years during the day , and I remember that in the first instance I was returning from a journey, whereas in the second I do not remember, and whatever my excuse may be, I am repentant for what I did, and I ask Allah for repentance and that He forgive me all my sins, for He is the Oft-Forgiving, the Merciful. I asked one of the shaykhs during Hajj last year, 1414 AH, in Makkah in Mina, by telephone, and he informed me that if I and my wife pray all the obligatory prayers and do not leave any of them, then we must fast two consecutive months for each day, but if we pray some of the obligatory prayers and leave some for any reason, then we are considered in the ruling of disbelievers, may Allah protect us from that, and we must return to Islam, repent for what happened and for not doing so, and not repeat it. This ruling caused us a strong shock, given that
we bear witness that there is no god but Allah, and that Muhammad is the Messenger of Allah, and we believe in Allah, the Last Day, the angels, the revealed books, and the divine decree, its good and its evil. Please give us a ruling, O honorable Shaykh, on what is obligatory for me and my wife to do? May Allah reward you with good. We are aware that we cannot fast two consecutive months, as I previously donated a kidney to my brother in 1406 AH, and I am required to drink water to preserve the other kidney, while my wife suffers from several illnesses. However, if we attempt to fast two consecutive months and are forced to break it up over periods, would that suffice? May Allah reward you with good, and may He benefit the Muslim community through you, for He is the All-Hearing, the Near, the One who answers supplication.

A: If you and your wife are unable to free a slave or fast for the intercourse during the day in Ramadan, then each of you owes two expiations, by feeding sixty poor people for each expiation, with each poor person receiving half a sa' of the food eaten in the country. The amount of half a sa' is approximately one and a half kilograms, so each of you owes, for the two instances of intercourse, sixty sa' distributed among sixty poor people, with each of them receiving one sa', the amount of which is approximately three kilograms. As for your astonishment at the disbelief of the one who leaves prayer, it is out of place; because the evidence for the disbelief of the one who intentionally leaves prayer is established, namely the saying of the Prophet (peace and blessings be upon him):
Between a man and disbelief and shirk (associating partners with Allah) is the abandonment of prayer.بين الرجل وبين الكفر والشرك ترك الصلاة
, narrated by the Imam Muslim in his (Sahih), and his saying (peace and blessings be upon him):
The covenant that distinguishes between us and them is prayer; so whoever leaves it, he has committed Kufr.العهد الذي بيننا وبينهم الصلاة فمن تركها فقد كفر
Sunan Ibn Majah 1079Sahih (Darussalam)
, narrated by the Imam Ahmad and the people of the Sunan with a sound chain, along with other hadiths on that matter. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source www.alifta.gov.sa

The Arabic text is copied verbatim from the original source, without any edits.

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