The Expiation for Intercourse During the Day in Ramadan for a Coerced Woman
Machine translationRead the Arabic original
The questioner:
The questioner says: A man is of a harsh temperament; he constantly beats his wife and takes her belongings. Once he angered her, and she went to her parents' house. When she returned to him in Ramadan, he had intercourse with her for four days at the end of Ramadan. The woman feared that if she refused him, he would leave her, for this is his effort with her. Now she has divorced him and asks: Is she required to inform him? Is she considered coerced? And if she is unable to fast because she is now married and has a debt?
The Shaykh:
I understand the question today.
The questioner:
A man of harsh temperament, constantly beating.
The Shaykh:
From the man's perspective, but what happened? What happened with the woman, as for him being harsh and so on, I do not know about that, yes.
The questioner:
And he had intercourse with her for four days at the end of Ramadan.
The Shaykh:
This is the point. Yes.
The questioner:
That she feared refusing him lest he leave her, and now she has divorced him, and asks: Is she required to pay the expiation?
The Shaykh:
If she was coerced, if he threatened her with beating, and she feared that he would carry out the harm and do what he said, then she is coerced and she owes nothing. The expiation is upon him; her expiation is upon him, the one who coerced her. But if she was not coerced, then the expiation is upon her for every day: fasting two consecutive months for every day, if she was not coerced. But if she was coerced as you say, then her expiation is upon him; it remains in his debt. Yes.
The questioner says: A man is of a harsh temperament; he constantly beats his wife and takes her belongings. Once he angered her, and she went to her parents' house. When she returned to him in Ramadan, he had intercourse with her for four days at the end of Ramadan. The woman feared that if she refused him, he would leave her, for this is his effort with her. Now she has divorced him and asks: Is she required to inform him? Is she considered coerced? And if she is unable to fast because she is now married and has a debt?
The Shaykh:
I understand the question today.
The questioner:
A man of harsh temperament, constantly beating.
The Shaykh:
From the man's perspective, but what happened? What happened with the woman, as for him being harsh and so on, I do not know about that, yes.
The questioner:
And he had intercourse with her for four days at the end of Ramadan.
The Shaykh:
This is the point. Yes.
The questioner:
That she feared refusing him lest he leave her, and now she has divorced him, and asks: Is she required to pay the expiation?
The Shaykh:
If she was coerced, if he threatened her with beating, and she feared that he would carry out the harm and do what he said, then she is coerced and she owes nothing. The expiation is upon him; her expiation is upon him, the one who coerced her. But if she was not coerced, then the expiation is upon her for every day: fasting two consecutive months for every day, if she was not coerced. But if she was coerced as you say, then her expiation is upon him; it remains in his debt. Yes.
Source
شرح بلوغ المرام من أدلة الأحكام [ صالح الفوزان ]، باب شروط الصلاة — islamhouse.com (1:06:25)
The Arabic text is a machine transcription of the audio recording.