Intercourse during the day in Ramadan
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Fatwa number ( 83 )
Q: In the blessed month of Ramadan, my desire overcame me regarding my wife after the Fajr prayer, and I had intercourse with her. What is the ruling?
A: Since the questioner mentioned that his desire overcame him and he had intercourse with his wife after dawn in Ramadan, it is obligatory for him to free a slave. If he cannot do so, he must fast for two consecutive months. If he cannot do that either, he must feed sixty poor people, giving each poor person a mudd (a quarter of a sa'). He must also make up the day in place of that day. As for the woman, if she was willing, her ruling is the same as the man's. If she was coerced, she owes nothing but making up the day. The basis for the obligation of expiation on the man is what was narrated by Abu Hurayrah (may Allah be pleased with him), who said:Mishkat al-Masabih 2004 This hadith is agreed upon by al-Bukhari and Muslim.
As for the obligation to make up a day in place of the day in which he had intercourse with his wife, this is based on the narration in Abu Dawud and Ibn Majah : . As for the obligation of expiation and making up the day on the woman if she was willing, it is because she is in the same position as the man. As for the non-obligation of expiation on her in the case of coercion, it is due to the generality of the saying of the Prophet (peace and blessings be upon him): Sunan ad-Daraqutni 23:30 . And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: In the blessed month of Ramadan, my desire overcame me regarding my wife after the Fajr prayer, and I had intercourse with her. What is the ruling?
A: Since the questioner mentioned that his desire overcame him and he had intercourse with his wife after dawn in Ramadan, it is obligatory for him to free a slave. If he cannot do so, he must fast for two consecutive months. If he cannot do that either, he must feed sixty poor people, giving each poor person a mudd (a quarter of a sa'). He must also make up the day in place of that day. As for the woman, if she was willing, her ruling is the same as the man's. If she was coerced, she owes nothing but making up the day. The basis for the obligation of expiation on the man is what was narrated by Abu Hurayrah (may Allah be pleased with him), who said:
He said that while they were sitting with the Prophet a man came to him and said, “Messenger of God, I am undone.” He asked him what had happened to him and he replied that he had had intercourse with his wife while he was fasting. God’s messenger then asked him whether he could get a slave to free, but he replied that he could not. He asked if he could fast two consecutive months, but he replied that he could not. He asked if he could provide food for sixty poor people, and when he replied that he could not, he told him to sit down. The Prophet then waited for a time, and meanwhile an ‘araq containing dates was brought to him, an ‘araq being a huge basket.* He asked where the man who had questioned him was, and when he replied, "[Here] I am," he said, "Take this and give it as sadaqa ."
بينما نحن جلوس عند النبي صلى الله عليه وسلم إذ جاءه رجل فقال: يا رسول الله هلكت، قال: ما لك؟ قال: وقعت على امرأتي وأنا صائم، فقال صلى الله عليه وسلم: هل تجد رقبة تعتقها؟ قال: لا، قال: فهل تستطيع أن تصوم شهرين متتابعين؟ قال: لا، قال: فهل تجد إطعام ستين مسكينًا؟ قال: لا، قال: فمكث النبي صلى الله عليه وسلم قال: فبينما نحن على ذلك أتي النبي صلى الله عليه وسلم بعرق فيه تمر -والعرق: المكتل- فقال: أين السائل؟ فقال: أنا، فقال: خذه فتصدق بهAs for the obligation to make up a day in place of the day in which he had intercourse with his wife, this is based on the narration in Abu Dawud and Ibn Majah :
And fast a day in its place
وصم يومًا مكانهMy nation has been excused for error, forgetfulness, and what they were forced to do
عفي لأمتي عن الخطأ والنسيان وما استكرهوا عليه
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.