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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The ruling on one who has intercourse while forgetting or being ignorant during the day of Ramadan

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Question:
If someone has intercourse while forgetting or being ignorant, what is his ruling, may Allah preserve you?

Answer:
By Allah, this is a matter of scholarly disagreement; because the hadith did not go into detail. The Messenger (peace and blessings be upon him) did not ask the man, "Were you ignorant? Were you forgetting?" He did not ask him for details. Some scholars say that the expiation is obligatory upon him absolutely, whether he was ignorant or forgetting, and some scholars say that if he was forgetting or ignorant, his fast is not invalidated, and he owes nothing, due to His saying, the Exalted:
There is no blame upon you for that to which you [indirectly] alludeوَلَا جُنَاحَ عَلَيْكُمْ فِيمَا عَرَّضْتُم بِهِ
[Al-Baqarah 2:235]
Our Lord, do not impose blame upon us if we have forgotten or erred.رَبَّنَا لَا تُؤَاخِذْنَا إِن نَّسِينَا أَوْ أَخْطَأْنَا
[Al-Baqarah 2:286]
And this is the closest view, and Allah knows best, that if he was ignorant or forgetting, his fast is not invalidated. And he (peace and blessings be upon him) said, "If one of you forgets and eats or drinks
If he did it while forgetting, let him complete his fast, for Allah has fed himناسيا فليتم صومه فإنما أطعمه الله
Sahih Ibn Hibban 14:105
If he was forgetting or ignorant, the closest view is that his fast is not invalidated and he owes nothing. As for if he did it intentionally, that is the one where there is discussion. Yes.
Source الفوزان -أشرطة- شرح زاد المستقنع مع الأسئلة - 036-تابع كتاب الصيام - 2 - 15-8-22 هـ — archive.org (1:16:51)

The Arabic text is a machine transcription of the audio recording.

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