What is the ruling on a man who has intercourse with his wife while fasting?
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Question : First, a man must be a man with his family, in the sense of manliness, so that his wife does not overpower him into doing what she wants.
Answer : Accordingly, it was obligatory for this man, who said that his wife insisted on him until he had intercourse with her while fasting during the day in Ramadan, to refrain from doing so. However, since the act has already occurred, if this fast was while traveling, then there is nothing required of him other than making up that day, because a traveler is permitted to eat, drink, and have intercourse with his wife. If the fast was while resident and this intercourse occurred, then it is obligatory for him to fast two consecutive months. There is no blame on him for having intercourse with his wife at night during these two months, unlike the one who has pronounced zihar (likening his wife to a forbidden relative); it is not permissible for the one who has pronounced zihar to have intercourse with his wife during the fasting of the two months, due to the saying of Allah the Exalted:[Al-Mujadila 58:3-4] I do not know if the questioner means that he had intercourse with his wife during the day while fasting the two months, or not?
If that is the case, and he had intercourse with her at the end of the night, thinking that the dawn had not yet appeared, then he owes nothing, even if it turns out that the dawn had appeared, based on the principle we established earlier, which is that a person is excused for doing what is forbidden out of forgetfulness or ignorance. So if that is the case, and he had intercourse with her thinking that the dawn had not yet appeared, then he owes nothing, even if it turns out that the dawn had appeared. It is established in Sahih al-Bukhari from the hadith ofMuwatta Malik 20:18 (may Allah be pleased with them both), where she said: We broke our fast on a cloudy day in the time of the Prophet (peace and blessings be upon him), and then the sun appeared, and it was not mentioned that they were ordered to make it up. If making it up had been obligatory, they would have been ordered to do so, and if they had been ordered to do so, they would have done so.
Answer : Accordingly, it was obligatory for this man, who said that his wife insisted on him until he had intercourse with her while fasting during the day in Ramadan, to refrain from doing so. However, since the act has already occurred, if this fast was while traveling, then there is nothing required of him other than making up that day, because a traveler is permitted to eat, drink, and have intercourse with his wife. If the fast was while resident and this intercourse occurred, then it is obligatory for him to fast two consecutive months. There is no blame on him for having intercourse with his wife at night during these two months, unlike the one who has pronounced zihar (likening his wife to a forbidden relative); it is not permissible for the one who has pronounced zihar to have intercourse with his wife during the fasting of the two months, due to the saying of Allah the Exalted:
(3) And those who pronounce thihar from their wives and then [wish to] go back on what they said - then [there must be] the freeing of a slave before they touch one another. That is what you are admonished thereby; and Allah is Acquainted with what you do. (4) And he who does not find [a slave] - then a fast for two months consecutively before they touch one another
وَالَّذِينَ يُظَاهِرُونَ مِن نِّسَائِهِمْ ثُمَّ يَعُودُونَ لِمَا قَالُوا فَتَحْرِيرُ رَقَبَةٍ مِّن قَبْلِ أَن يَتَمَاسَّا ذَٰلِكُمْ تُوعَظُونَ بِهِ وَاللَّهُ بِمَا تَعْمَلُونَ خَبِيرٌ فَمَن لَّمْ يَجِدْ فَصِيَامُ شَهْرَيْنِ مُتَتَابِعَيْنِ مِن قَبْلِ أَن يَتَمَاسَّاIf that is the case, and he had intercourse with her at the end of the night, thinking that the dawn had not yet appeared, then he owes nothing, even if it turns out that the dawn had appeared, based on the principle we established earlier, which is that a person is excused for doing what is forbidden out of forgetfulness or ignorance. So if that is the case, and he had intercourse with her thinking that the dawn had not yet appeared, then he owes nothing, even if it turns out that the dawn had appeared. It is established in Sahih al-Bukhari from the hadith of
Asma bint Abi Bakr
أسماء بنت أبي بكر
Source
قناة «فضيلة الشيخ محمد بن صالح العثيمين»، 45 - 81 ما حكم من جامع زوجته وهو صائم؟ أهمية طلب العلم - ابن عثيمين — youtube.com
The Arabic text is a machine transcription of the audio recording.
