The ruling on one who arrives from travel while breaking his fast and whose wife becomes pure during Ramadan
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The questioner:
That they should abstain and make up the fasts, as in the hadith of Abu Basrah when he broke his fast on the ship.
The Shaykh:
He is walking on the road while traveling. That is, he sees the town, that is. Even if he sees it, as long as he is traveling, he is a traveler. They.
The questioner:
Or Imam Malik, did it reach you that one who arrives from travel while breaking his fast has the right to have intercourse with his wife if she becomes pure from menstruation?
The Shaykh:
No, in travel, this is in travel, his intention is in travel. They arrive for travel. What is the evidence?
The questioner:
Malik said regarding the man who arrives from his travel while breaking his fast.
The Shaykh:
Yes.Muwatta Malik 18:29 She became pure during the day of fasting.
This is an error, and Malik’s statement is weak, it is of no value. Once he has arrived, he is required to abstain, and he is required to abstain because of the sanctity of the time, so he has no right to approach her, he has no right to approach her, because when she became pure, she was required to abstain, and he was required to abstain when he arrived, this is the correct view. If he arrived while she was menstruating. Ha? And if it is correct, it is his independent legal reasoning, there is no evidence for it if it is correct. It is a place of scholarly disagreement, if Allah wills.
Correct, it is obligatory for one who enters the town while breaking his fast to fast, he entered his town, and likewise, if the menstruating woman or the woman with post-natal bleeding becomes pure, it is obligatory for her to abstain.
That they should abstain and make up the fasts, as in the hadith of Abu Basrah when he broke his fast on the ship.
The Shaykh:
He is walking on the road while traveling. That is, he sees the town, that is. Even if he sees it, as long as he is traveling, he is a traveler. They.
The questioner:
Or Imam Malik, did it reach you that one who arrives from travel while breaking his fast has the right to have intercourse with his wife if she becomes pure from menstruation?
The Shaykh:
No, in travel, this is in travel, his intention is in travel. They arrive for travel. What is the evidence?
The questioner:
Malik said regarding the man who arrives from his travel while breaking his fast.
The Shaykh:
Yes.
and is not fasting may have sexual intercourse with his wife if he wishes, if she is not fasting and she has just become pure after her menses.
وَامْرَأَتُهُ مُفْطِرَةٌ حِينَ طَهُرَتْ مِنْ حَيْضِهَا فِي رَمَضَانَ أَنَّ لِزَوْجِهَا أَنْ يُصِيبَهَا إِنْ شَاءَThis is an error, and Malik’s statement is weak, it is of no value. Once he has arrived, he is required to abstain, and he is required to abstain because of the sanctity of the time, so he has no right to approach her, he has no right to approach her, because when she became pure, she was required to abstain, and he was required to abstain when he arrived, this is the correct view. If he arrived while she was menstruating. Ha? And if it is correct, it is his independent legal reasoning, there is no evidence for it if it is correct. It is a place of scholarly disagreement, if Allah wills.
Correct, it is obligatory for one who enters the town while breaking his fast to fast, he entered his town, and likewise, if the menstruating woman or the woman with post-natal bleeding becomes pure, it is obligatory for her to abstain.
Source
أجزاء من موطأ مالك، باب ما جاء في الصيام في السفر — islamhouse.com (7:36)
The Arabic text is a machine transcription of the audio recording.