What is the ruling on intercourse during the day in Ramadan when one is ignorant of the ruling?
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The questioner : He says: What is the ruling on having intercourse several times, I do not know the number, and I was ignorant of it?
The Shaykh : I have summarized it for him.
The questioner : He says: What is the ruling on the wife, even though she convinced me that there is nothing wrong with it, and we were both ignorant?
The Shaykh : Did you hear it and not believe it?
The questioner : She convinced me that there is nothing wrong with it, and we were both ignorant of it.
The Shaykh : Well, I mentioned a moment ago that if a person is ignorant and thinks that intercourse during fasting is permissible, what is the ruling? He owes nothing, no making up the fast and no expiation. Well, if he knows that intercourse is forbidden but does not think that there is an expiation for it, is the expiation obligatory on him?
Yes, it is obligatory on him. The evidence for this is what Abu Hurayrah (may Allah be pleased with him) narrated that a man came to the Prophet (peace and blessings be upon him) and said:Sahih al-Bukhari 1029. He said: What is it that Sahih Muslim 1111a while I am fasting? So the Prophet (peace and blessings be upon him) ordered him to perform the expiation and made it obligatory on him, even though this man was ignorant. Ignorant of it. And the evidence that he was ignorant is that he came to ask the Prophet (peace and blessings be upon him) about the ruling on this intercourse. So the one who is ignorant that intercourse is forbidden owes nothing, and the one who knows that it is forbidden but is ignorant that there is an expiation for it, the expiation is obligatory on him. This is if he had intercourse during the day in Ramadan and fasting is obligatory on him. But if he had intercourse during the day in Ramadan and fasting is not obligatory on him, then he only has to make up the fast, such as if a man is traveling with his family and he and his family fasted while traveling, then he wanted to have intercourse with his wife, he has no harm in having intercourse, and in this case he is only required to make up that day which he invalidated. Yes, he says: The questioner says that penetration occurred without ejaculation. We tell him that even if that is the case, as long as he had intercourse, the expiation is obligatory on him, whether he ejaculated or not? Yes.
The Shaykh : I have summarized it for him.
The questioner : He says: What is the ruling on the wife, even though she convinced me that there is nothing wrong with it, and we were both ignorant?
The Shaykh : Did you hear it and not believe it?
The questioner : She convinced me that there is nothing wrong with it, and we were both ignorant of it.
The Shaykh : Well, I mentioned a moment ago that if a person is ignorant and thinks that intercourse during fasting is permissible, what is the ruling? He owes nothing, no making up the fast and no expiation. Well, if he knows that intercourse is forbidden but does not think that there is an expiation for it, is the expiation obligatory on him?
Yes, it is obligatory on him. The evidence for this is what Abu Hurayrah (may Allah be pleased with him) narrated that a man came to the Prophet (peace and blessings be upon him) and said:
O Allah's Messenger ! The livestock
يا رسول الله هلكتWhat has brought about your ruin? He said: I have had intercourse with my wife during the month of Ramadan.
أهلكك؟ قال وقعت على امرأتي في رمضان
Source
دروس وفتاوى المسجد الحرام لعام 1412 هـ - 4 — binothaimeen.net (1:07:51)
The Arabic text is a machine transcription of the audio recording.
