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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The ruling on intercourse during the day of Ramadan without ejaculation

Machine translationRead the Arabic original
The questioner:
In the name of Allah, the Most Gracious, the Most Merciful. The Shaykh’s issue is that it is said that if a person has intercourse at the end of Ramadan and does not ejaculate, his fast is valid, and he owes no prayer or expiation. I hope Your Eminence will elaborate on this issue, and I hope there is something cited regarding it.

The Shaykh:
At the hall.

The questioner:
He says: Honorable Shaykh, some students of knowledge hold that if a person has intercourse at the end of Ramadan and does not ejaculate, he owes only the expiation for the ejaculation, his fast is valid, and he owes no expiation. I fear he may be sinful. I hope Your Eminence will read the statement on this issue and your views on it.

The Shaykh:
I do not know of anyone among the scholars of knowledge who says what is mentioned in the question. Rather, they say that if a man has intercourse with his wife while fasting, and he inserts his penis into her vagina, his fast is invalid, and he owes the severe expiation. He owes the severe expiation, which is freeing a slave. If he does not find one, he must fast two consecutive months. If he cannot do that, he must feed sixty poor people. The man who came to the Prophet (peace and blessings be upon him) and told him that he had intercourse with his wife during the day of Ramadan said:
I am ruined and you have ruined me. He said: What ruined you? He said: I had intercourse with my wife while I was fasting.هلكت واهلكت قال وما اهلكك؟ قال وقعت على اهلي وانا صائم
The Messenger (peace and blessings be upon him) did not ask him for details, saying, "Did you ejaculate or not?" Rather, he said to him:
Free a slave.اعتق رقبه
He said: I do not find one? He said to him: Fast two consecutive months. He said: I cannot. He said: Feed sixty poor people. He said: I have nothing. So he sat with the Prophet (peace and blessings be upon him).قال ما أجد؟ قال له صم شهرين متتابعين، قال لا أستطيع، قال أطعم ستين مسكينا، قال ما عندي شيء، فجلس عند النبي صلى الله عليه وسلم
until dates were brought to the Messenger (peace and blessings be upon him), and he said, "Take these and give them in charity," to the end of the story. The point is that the Messenger did not ask him for details, and I do not know of anyone who said that if he did not ejaculate, he owes nothing and his fast is valid. But today, wonders have multiplied. Today, wonders and independent legal reasoning have multiplied, and there is no power or strength except with Allah. This is a matter of fitnah (trial, discord or temptation). We have even heard some say that if one engages in the secret habit and ejaculates, his fast is valid.
And this does not invalidate his fast. This is among the new independent legal reasoning that has appeared in this time. This is due to neglecting the words of the scholars of knowledge and a person’s arrogance with himself, without referring to the words of the scholars of knowledge and looking into their statements. For the scholars of knowledge have precedence, experience, and knowledge of the rulings of the Shari'ah (Islamic sacred law), and the words of Allah and the words of His Messenger. One should not belittle their words, their rules, and their principles. Then a person comes and innovates from his own mind and invents from his own mind, and misguides people, refuge with Allah, with these fatwas (scholarly legal rulings) that have no basis and no origin, and are not built on scientific rules, let alone on evidence (dalil) from the Shari'ah. So one must be alert to such matters. Yes.

Another questioner:
And.

The Shaykh:
Yes.

Another questioner:
If we gathered.

The Shaykh:
The Messenger (peace and blessings be upon him) did not ask the man for details about his case, but ordered him to pay the expiation. He did not ask him, saying, "Are you forgetful? Are you ignorant? Did you ejaculate?" If this were required, the Messenger (peace and blessings be upon him) would not have neglected it, because he is the legislator and because revelation was sent down to him, peace and blessings be upon him. Yes.

Another questioner:
Yes.

The Shaykh:
No, so making up the fast is not obligatory upon him as an expiation, but his fast is invalid, and he does not owe an expiation.

Another questioner:
And it was a lion.

The Shaykh:
The Messenger (peace and blessings be upon him) did not seek forgiveness.

Another questioner:
The place.

The Shaykh:
Meaning, he does not owe an expiation, only that he sins. Yes. As for forgetfulness, if he forgets,
Our Lord, do not impose blame upon us if we haveرَبَّنَا لَا تُؤَاخِذْنَا إِن نَّسِينَا
[Al-Baqarah 2:286]
your Lord. But I do not think one would come and have intercourse while forgetful. Because intercourse requires things, and it requires a process, and it requires. Meaning, forgetfulness is far from it. Yes.
Source شرح بلوغ المرام من أدلة الأحكام [ صالح الفوزان ]، باب الغسل وحكم الجنب — islamhouse.com (36:18)

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

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