What is the ruling on one who commits the crime of sodomy during the day of Ramadan?
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Question : He asks: Does one who commits the crime of sodomy, may Allah protect us from it, during the day of Ramadan incur what is incumbent upon one who has intercourse during the day of Ramadan, along with the sin that befalls him?
Answer : Yes, yes. One who commits sodomy during the day of Ramadan incurs what is incumbent upon one who has intercourse during the day of Ramadan, and it is even worse than that. This is because the stronger opinion among the scholars is that the punishment for the active and passive parties in sodomy is execution. In the hadith from the Prophet (peace and blessings be upon him), he said:Bulugh al-Maram 10:12 Although the scholars differ on the authenticity of this hadith, Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him) said that the Companions agreed on killing the active and passive parties, but they differed on how they should be killed. Some said they should be thrown from the highest point in the city and then stoned. Some said they should be stoned as the married adulterer is stoned. Some said they should be burned with fire due to the magnitude of their crime, may Allah protect us from it. Because this sin, may Allah protect us from it, if it spreads in society, it becomes like fire spreading in dry grass, and it is impossible to get rid of it. We ask Allah for safety.
So, if one does that in Ramadan, during the day of Ramadan, it invalidates his fast, and he is required to abstain for the rest of the day, and he is required to make up the fast, and he is required to pay the expiation, and he bears the sin. Five things are incumbent upon him.
Likewise, if one has intercourse with his wife during the day of Ramadan, five matters are incumbent upon him regarding his intercourse: the sin, the invalidation of the fast, the obligation to continue abstaining, making up the fast, and the expiation. The expiation is freeing a slave. If he does not find one, then fasting two consecutive months. If he is unable to do that, then feeding sixty poor people. The wife is like him if she consented. But if he forced her and she was unable to resist him, then she owes nothing, and her fast is valid.
There is no difference in intercourse whether it results in ejaculation or not, and there is no difference in that whether it is complete intercourse or merely the insertion of the glans. All of this incurs what we mentioned, except if a person is traveling with his family and then wants to have intercourse with them while they are fasting. In that case, there is no harm, because it is permissible for the traveler to break his fast. So, if a person travels with his family to Makkah, al-Madinah, Riyadh, al-Ta'if, or elsewhere, and they are fasting, and he wants to have intercourse with them, there is no harm, even during the day of Ramadan, and they are required to make up that day. Do you understand now that it is permissible for the traveler to have intercourse with his wife during the day of Ramadan while he is fasting? Do you understand that? But if a person is resident in his country and desires his wife and says, "Let's go for 'Umrah" in order to have intercourse with her, is this permissible or not? This is not permissible. We say his travel is forbidden and his intercourse is forbidden, and he is required to abstain, and he bears the sin, the making up of the fast, and the expiation. For this reason, the scholars (may Allah have mercy on them) said: The traveler is permitted to break his fast, but one who travels in order to break his fast is forbidden from traveling and breaking his fast.
Answer : Yes, yes. One who commits sodomy during the day of Ramadan incurs what is incumbent upon one who has intercourse during the day of Ramadan, and it is even worse than that. This is because the stronger opinion among the scholars is that the punishment for the active and passive parties in sodomy is execution. In the hadith from the Prophet (peace and blessings be upon him), he said:
Whoever you find doing as the people of Lot did (i.e. homosexuality), kill the one who does it and the one to whom it is done,
قال من وجدتموه يعمل عمل قوم لوط فاقتلوا الفاعل والمفعول به،So, if one does that in Ramadan, during the day of Ramadan, it invalidates his fast, and he is required to abstain for the rest of the day, and he is required to make up the fast, and he is required to pay the expiation, and he bears the sin. Five things are incumbent upon him.
Likewise, if one has intercourse with his wife during the day of Ramadan, five matters are incumbent upon him regarding his intercourse: the sin, the invalidation of the fast, the obligation to continue abstaining, making up the fast, and the expiation. The expiation is freeing a slave. If he does not find one, then fasting two consecutive months. If he is unable to do that, then feeding sixty poor people. The wife is like him if she consented. But if he forced her and she was unable to resist him, then she owes nothing, and her fast is valid.
There is no difference in intercourse whether it results in ejaculation or not, and there is no difference in that whether it is complete intercourse or merely the insertion of the glans. All of this incurs what we mentioned, except if a person is traveling with his family and then wants to have intercourse with them while they are fasting. In that case, there is no harm, because it is permissible for the traveler to break his fast. So, if a person travels with his family to Makkah, al-Madinah, Riyadh, al-Ta'if, or elsewhere, and they are fasting, and he wants to have intercourse with them, there is no harm, even during the day of Ramadan, and they are required to make up that day. Do you understand now that it is permissible for the traveler to have intercourse with his wife during the day of Ramadan while he is fasting? Do you understand that? But if a person is resident in his country and desires his wife and says, "Let's go for 'Umrah" in order to have intercourse with her, is this permissible or not? This is not permissible. We say his travel is forbidden and his intercourse is forbidden, and he is required to abstain, and he bears the sin, the making up of the fast, and the expiation. For this reason, the scholars (may Allah have mercy on them) said: The traveler is permitted to break his fast, but one who travels in order to break his fast is forbidden from traveling and breaking his fast.
Source
قناة «فضيلة الشيخ محمد بن صالح العثيمين»، لقاء[8 من 13] ما حكم من يرتكب جريمة اللواط في نهار رمضان؟!! الشيخ ابن عثيمين - مشروع كبار العلماء — youtube.com (0:13)
The Arabic text is a machine transcription of the audio recording.
