Text copied Link copied

Al-Fatawa – home

﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

Scholar
Search mode

Is the expiation for intercourse during the day of Ramadan sequential or optional?

Machine translationRead the Arabic original
Question : The questioner asks: Is the expiation for intercourse during the day of Ramadan sequential or optional?

Answer : Yes, first you must know that intercourse during the day of Ramadan is sometimes permissible and sometimes forbidden. It is permissible if the person is traveling.
Let us suppose that a man and his family traveled to Makkah for 'Umrah. The man and his wife exited the state of ihram from the 'Umrah. When he arrived home, he missed his family and had intercourse with her while they were fasting. What is the ruling on this intercourse? This is lawful, and there is no sin in it and no expiation; rather, he only has to make up that day. Sometimes intercourse is forbidden, and that is when a person is not permitted to shorten the prayer, meaning he is not traveling and is in his own land. In that case, it is forbidden for him to have intercourse during the day of Ramadan. If he does so, he owes the heavy expiation, which is freeing a slave. What is the fasting? But what are we talking about? It appears you are the one who asked. What are we talking about?
If the intercourse is permissible. If it is forbidden, and when is it forbidden? Okay, fine, hurry up. That means the man had intercourse with his wife in his own land, and it is not permissible for him to break his fast. He owes the expiation, which is freeing a slave. If he does not find one, then fasting two consecutive months. If he is unable to do that, then feeding sixty poor people. If this man says that he did not know he owed an expiation, and he knows that intercourse is forbidden for the fasting person, but he did not know that he owed an expiation, is the expiation obligatory on him or not? The expiation is obligatory on him, because if some people thought they owed this heavy expiation, they would not do it. So we say, yes, the expiation is obligatory on him, even if he did not know he owed an expiation. What is the evidence? Listen. A man came to the Prophet (peace and blessings be upon him). It is a strange story. He said:
O Allah's Messenger ! The livestockيا رسول الله هلكت
Sahih al-Bukhari 1029
. O Messenger of Allah, I am ruined. He said: What has ruined you?
He said: I have had intercourse with my wife during the month of Ramadan.قال وقعت على امرأتي في رمضان
Sahih Muslim 1111a
And I was fasting. So the Messenger (peace and blessings be upon him) mentioned to him the loss of the expiation. Freeing a slave.
He said: I do not find one.قال لا أجب.
So he said: "Then fast two consecutive months." He said: "I am unable."قال الصيام شهرين متتابعين، قال لا أستطيع
Jami` at-Tirmidhi 1200Hasan (Darussalam)
. He said: Feeding
sixty needy people." He said: "I can not."سِتِّينَ مِسْكِينًا قَالَ لاَ أَجِدُ
Jami` at-Tirmidhi 1200Hasan (Darussalam)
.
If the man is destitute. Then the man sat down, and Allah Blessed and Exalted is He willed that dates were brought to the Prophet (peace and blessings be upon him). The Prophet (peace and blessings be upon him) said to this man:
Take this basket and give it in charityخذ هذا فتصدق به
Sahih al-Bukhari 6711
, meaning the sixty poor people.
Should I give it to a person poorer than I?قال أعلى أفقر مني يا رسول الله
Sahih al-Bukhari 1936
?
By Allah, there is no family in between these two mountains (of Medina) who are poorerوَاللَّهِ مَا بَيْنَ لاَبَتَيْهَا أَهْلُ بَيْتٍ أَفْقَرُ
Sahih al-Bukhari 6087
from me, meaning he wanted to take the dates for himself.
The Prophet (ﷺ) smiled till his premolar teeth became visible and then said, 'Feed your family with it."فضحك النبي صلى الله عليه وسلم حتى بدت أنيابه ثم قال له أطعمه أهلك
Sahih al-Bukhari 1936
May Allah send prayers and peace upon him. This is how we call people to Islam with gentleness and softness and opening the chest. The man, I believe, would have a great feeling of love for the Messenger (peace and blessings be upon him) and love for Islam.
So he took the dates to his wife and said: Praise be to Allah, Allah has brought us dates. Yes, and the expiation was dropped because he was destitute, and a destitute person owes nothing. Do you understand now? This man knew that intercourse was forbidden, but he did not know that he owed an expiation. Okay. If he says he did not know that intercourse without ejaculation is forbidden. And he had intercourse with his wife and did not ejaculate. He thought that intercourse without ejaculation for the fasting person is lawful. What do we say to him? He owes nothing, neither making up his day nor an expiation, because he was ignorant. And we will speak, if Allah wills, about the fact that one of the conditions for invalidating the fast with things that break the fast is that the person must be aware. This man says: I do not know. I thought that intercourse without ejaculation is like foreplay, and foreplay is permissible from the master of the scrupulous, Muhammad (peace and blessings be upon him and his family), and it is permissible for the fasting person without ejaculation. It is permissible for the fasting person without ejaculation. So he thought that intercourse is like foreplay; if there is no ejaculation, it is lawful. We say: He owes nothing.
And from here, I also warn my young brothers who are getting married. Many married young men do not know that intercourse without ejaculation obligates the full ritual bath, even though intercourse without ejaculation obligates the full ritual bath, and ejaculation without intercourse obligates the full ritual bath, and intercourse with ejaculation obligates the full ritual bath. Some young men do not know that intercourse without ejaculation obligates the full ritual bath. For this reason, you find a man who has been with his family for five or six months, having intercourse with them without ejaculation and not taking a bath. Therefore, young men should spread among themselves that intercourse obligates the full ritual bath, whether there is ejaculation or not, based on the hadith of Abu Hurayrah (may Allah be pleased with him) that
God’s messenger as saying, "If one lies on his wife and compresses her, washing is necessary, even if he does not insert his penis.”النبي صلى الله عليه وسلم قال إذا جلس بين شعبها الأربع ثم جهدها فقد وجب الغسل وإن لم ينزل
Mishkat al-Masabih 430
.
In any case, I first call myself, and I ask Allah to help me with what I have called to, namely sincerity to Allah. And to keep me away from shirk (associating partners with Allah). And I call you as well, and I ask Allah for you to keep you away from shirk, its apparent and hidden, its small and large. He is Able to do all things. And I say, O my brothers and O students of knowledge, cooperate in righteousness and piety. The common people, whether near or far, if you guide them in the best way, with a good manner and good admonition, they are close. But the trial, the whole trial, is that some people, in their calling, due to their intense zeal, get agitated and plot before they inform. This is undoubtedly an incorrect methodology. So you must be gentle and soft, and do not leave any wrong without denouncing it. I ask Allah to help me and you in my remembrance, my gratitude, and the excellence of my worship.
Source دروس وفتاوى المسجد الحرام لعام 1418هـ - 7 — binothaimeen.net (1:04:44)

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

Flag this fatwa