The ruling on sexual intercourse during the fasting expiation for zihar
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The questioner:
Honorable Shaykh, if a man who has pronounced zihar has sexual intercourse during the expiation, which is fasting, and he fasts for thirty days and then has intercourse, does he have to restart the fasting from the beginning of the two months, or does he complete it?
The Shaykh:
Amen.
The questioner:
If a man who has pronounced zihar has sexual intercourse during the expiation, which is fasting for thirty days, and then has intercourse, does he have to restart the fasting from the beginning of the two months, or does he complete it?
The Shaykh:
He does not restart the fasting from the beginning of the two months. His fasting is invalid because he touched her before completing what Allah commanded him to do. He starts the expiation for the new instance. This breaks the expiation. Allah the Exalted said, “before they touch each other.” This is the condition. If he violates it and has intercourse before completing it, he must start the fasting anew. Yes.
The questioner:
Honorable Shaykh! I got married two weeks before Ramadan, and in Ramadan, knowing that…
The Shaykh:
(peace and blessings be upon him), do not approach her. This is for the future. Do not approach her until you do what Allah commanded you to do. This indicates that it is obligatory to do both months in full. Allah the Exalted said, “and fasting for two months before they touch each other.” He did not say, “until you do the rest of what Allah commanded you to do,” but rather, “until you do what Allah commanded you to do.” This covers the two months. Yes.
Honorable Shaykh, if a man who has pronounced zihar has sexual intercourse during the expiation, which is fasting, and he fasts for thirty days and then has intercourse, does he have to restart the fasting from the beginning of the two months, or does he complete it?
The Shaykh:
Amen.
The questioner:
If a man who has pronounced zihar has sexual intercourse during the expiation, which is fasting for thirty days, and then has intercourse, does he have to restart the fasting from the beginning of the two months, or does he complete it?
The Shaykh:
He does not restart the fasting from the beginning of the two months. His fasting is invalid because he touched her before completing what Allah commanded him to do. He starts the expiation for the new instance. This breaks the expiation. Allah the Exalted said, “before they touch each other.” This is the condition. If he violates it and has intercourse before completing it, he must start the fasting anew. Yes.
The questioner:
Honorable Shaykh! I got married two weeks before Ramadan, and in Ramadan, knowing that…
The Shaykh:
(peace and blessings be upon him), do not approach her. This is for the future. Do not approach her until you do what Allah commanded you to do. This indicates that it is obligatory to do both months in full. Allah the Exalted said, “and fasting for two months before they touch each other.” He did not say, “until you do the rest of what Allah commanded you to do,” but rather, “until you do what Allah commanded you to do.” This covers the two months. Yes.
Source
شرح بلوغ المرام من أدلة الأحكام [ صالح الفوزان ]، باب الرجعة، وباب الإيلاء والظهار والكفارة — islamhouse.com (1:01:51)
The Arabic text is a machine transcription of the audio recording.