If the fasting person is ignorant of the obligation of the expiation but knows that intercourse is forbidden, is the expiation obligatory upon him?
Machine translationRead the Arabic original
Question : Ignorance
Answer : Yes, ignorance does occur. But if he is ignorant of the obligation of the expiation while knowing that intercourse is forbidden, is the expiation obligatory upon him? Yes, it is obligatory upon him because he violated the prohibition knowingly. The man who came to ask the Prophet (peace and blessings be upon him) for a ruling did not know about the expiation; rather, he asked about it. Likewise, in all matters involving a fixed punishment or an expiation, if a person knows the act but is ignorant of the punishment or expiation, he is not excused. So if a married man commits zina (unlawful sexual intercourse) and says, "I did not know that the hadd (fixed punishment) was upon me, but I knew that zina was forbidden and I committed it," the hadd is still upon him. Yes.
Answer : Yes, ignorance does occur. But if he is ignorant of the obligation of the expiation while knowing that intercourse is forbidden, is the expiation obligatory upon him? Yes, it is obligatory upon him because he violated the prohibition knowingly. The man who came to ask the Prophet (peace and blessings be upon him) for a ruling did not know about the expiation; rather, he asked about it. Likewise, in all matters involving a fixed punishment or an expiation, if a person knows the act but is ignorant of the punishment or expiation, he is not excused. So if a married man commits zina (unlawful sexual intercourse) and says, "I did not know that the hadd (fixed punishment) was upon me, but I knew that zina was forbidden and I committed it," the hadd is still upon him. Yes.
Source
قناة «فضيلة الشيخ محمد بن صالح العثيمين»، 2169 - إذا كان الصائم جاهلا بوجوب الكفارة عالما بتحريم الجماع فهل تلزمه الكفارة؟ ابن عثيمين — youtube.com
The Arabic text is a machine transcription of the audio recording.
