Expiation for Intercourse During the Daytime of Ramadan Due to Ignorance
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Question:
Honorable Shaykh Abu Mutlaq, is the expiation a capacity in matters of doubt, as one might assume the permissibility of faith during the daytime of Ramadan, so that he does not resort to fasting except for a period of food with drink?
Answer:
There is scholarly disagreement on this. If a man has intercourse during the daytime of Ramadan while ignorant of the ruling, the scholars differed on it. Some say that the expiation is not dropped from him, because the expiation is obligatory, and the obligatory is not dropped by ignorance; it is not dropped by ignorance, it is not dropped by the obligatory, only the sin is dropped, and the obligatory upon him is not dropped. And because the Prophet (peace and blessings be upon him) did not ask for details from the man who came to him and said, “I am ruined.” He said, “What ruined you?” He said:Sahih al-Bukhari 6087. He did not ask him, “Are you ignorant? Are you forgetful?” He did not inquire from him. He made the expiation obligatory upon him and did not inquire. This is a matter of precaution for fasting as well, and not being lenient.
Honorable Shaykh Abu Mutlaq, is the expiation a capacity in matters of doubt, as one might assume the permissibility of faith during the daytime of Ramadan, so that he does not resort to fasting except for a period of food with drink?
Answer:
There is scholarly disagreement on this. If a man has intercourse during the daytime of Ramadan while ignorant of the ruling, the scholars differed on it. Some say that the expiation is not dropped from him, because the expiation is obligatory, and the obligatory is not dropped by ignorance; it is not dropped by ignorance, it is not dropped by the obligatory, only the sin is dropped, and the obligatory upon him is not dropped. And because the Prophet (peace and blessings be upon him) did not ask for details from the man who came to him and said, “I am ruined.” He said, “What ruined you?” He said:
I have had sexual relation with my wife in Ramadan
وقعت على أهلي في رمضان
Source
قناة «العلامة الدكتور صالح الفوزان»، 81 من 89|شرح العدة في شرح العمدة|كتاب الحدود|فصل فيما يشترط في السوط يقام به الحد|صالح الفوزان|الفقه — youtube.com (1:08:32)
The Arabic text is a machine transcription of the audio recording.
