Intercourse during the day in Ramadan
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Question: A woman who has been married for ten years. Before her marriage, she did not pray, knowing that she was getting married, and she was eighteen years old at the time. Also, there occurred between her
and her husband intercourse during the daytime of Ramadan in her first year of marriage, several times, out of her ignorance of the ruling. Now she has repented to Allah and has become diligent in performing the obligatory prayers and the recommended practices, as well as the obligatory and voluntary fasting. She is asking about her leaving off prayer before marriage, and about her intercourse with her husband during the daytime of Ramadan out of ignorance. What is obligatory upon her? Is she required to pay an expiation for each instance? Or is one expiation sufficient for all of them because they occurred in the same month? And is her husband required to pay an expiation like hers, or not? And if she is required to pay it despite her ignorance of the ruling,What is the meaning of His saying, the Exalted, in Surat al-An'am: [Al-An'am: 54] ?
Answer: As for what happened to her regarding leaving off prayer before her marriage, this is a serious matter and a heinous matter, because deliberately leaving off prayer is considered apostasy from the religion of Islam according to the correct opinion of the scholars, even if she did not deny its obligation. Therefore, she must repent to Allah (Mighty and Majestic) with a sincere repentance and maintain her prayers for the duration of her life, and by that Allah will forgive her for what has passed.
As for what happened between her and her husband regarding intercourse during the daytime of Ramadan, if she means by that sexual intercourse during the daytime of Ramadan, then this is forbidden, because Allah (Glorified and Exalted is He) has prohibited it,Allah the Exalted said: [Al-Baqarah: 187] , so fasting prevents the husband from having intercourse with his wife. If that occurs, then the expiation is upon him and upon her, which is what the Messenger of Allah (peace and blessings be upon him) mentioned in the authentic hadith: it is the freeing of a slave. If he does not find
one, then fasting for two consecutive months. If he is unable to fast, then he feeds sixty poor people, like the expiation for zihar.
If intercourse is repeated in one month, Ramadan, before the expiation is paid, then one expiation is sufficient for all of them. So she has an expiation upon her, and her husband has another expiation upon him as we mentioned, and one expiation is sufficient for both of them for all the instances in which intercourse occurred, as long as no expiation was paid between the two instances of intercourse.
Question: What if the wife was coerced in this situation?
Answer: If she was coerced and had no choice at all, such that he forced her to do this, then there is no expiation upon her, and the expiation is upon him for himself.
Question: And ignorance does not excuse anyone in this situation?
Answer: And as for what you mentioned that she was ignorant, this ignorance does not excuse her, because she is among the Muslims and hears that fasting is obligatory and that it has rulings. So this is ignorance that does not excuse, because she is able to ask and know the ruling of Allah (Glorified and Exalted is He). The ignorance that excuses is that of one who is far from the Muslims, with no one from the Muslims present, such as one who grew up in a remote desert or in lands far from the Muslims, and does not hear anything from the Book of Allah or from the Sunnah of His Messenger.
And as for what you mentioned of His saying, the Exalted: [Al-An'am: 54] , so the intended meaning of ignorance here is not ignorance of the ruling or not knowing the legal ruling, but rather the intended meaning is the ignorance of the sin, and that whoever disobeys Allah (Mighty and Majestic) is ignorant.
Meaning that he is a disobedient person to Allah, and this ignorance is contrary to forbearance and contrary to the intellect that prevents a person from disobeying Allah (Glorified and Exalted is He). The intended meaning of ignorance here is not lack of knowledge.
Some of the Salaf said: Whoever disobeys Allah the Exalted is ignorant, and Allah the Exalted knows best.
and her husband intercourse during the daytime of Ramadan in her first year of marriage, several times, out of her ignorance of the ruling. Now she has repented to Allah and has become diligent in performing the obligatory prayers and the recommended practices, as well as the obligatory and voluntary fasting. She is asking about her leaving off prayer before marriage, and about her intercourse with her husband during the daytime of Ramadan out of ignorance. What is obligatory upon her? Is she required to pay an expiation for each instance? Or is one expiation sufficient for all of them because they occurred in the same month? And is her husband required to pay an expiation like hers, or not? And if she is required to pay it despite her ignorance of the ruling,What is the meaning of His saying, the Exalted, in Surat al-An'am:
And when those come to you who believe in Our verses, say, "Peace be upon you. Your Lord has decreed upon Himself mercy: that any of you who does wrong out of ignorance and then repents after that and corrects himself - indeed, He is Forgiving and Merciful."
وَإِذَا جَاءَكَ الَّذِينَ يُؤْمِنُونَ بِآيَاتِنَا فَقُلْ سَلَامٌ عَلَيْكُمْ كَتَبَ رَبُّكُمْ عَلَى نَفْسِهِ الرَّحْمَةَ أَنَّهُ مَنْ عَمِلَ مِنْكُمْ سُوءًا بِجَهَالَةٍ ثُمَّ تَابَ مِنْ بَعْدِهِ وَأَصْلَحَ فَأَنَّهُ غَفُورٌ رَحِيمٌAnswer: As for what happened to her regarding leaving off prayer before her marriage, this is a serious matter and a heinous matter, because deliberately leaving off prayer is considered apostasy from the religion of Islam according to the correct opinion of the scholars, even if she did not deny its obligation. Therefore, she must repent to Allah (Mighty and Majestic) with a sincere repentance and maintain her prayers for the duration of her life, and by that Allah will forgive her for what has passed.
As for what happened between her and her husband regarding intercourse during the daytime of Ramadan, if she means by that sexual intercourse during the daytime of Ramadan, then this is forbidden, because Allah (Glorified and Exalted is He) has prohibited it,Allah the Exalted said:
So now, have relations with them and seek that which Allah has decreed for you. And eat and drink until the white thread of dawn becomes distinct to you from the black thread [of night]. Then complete the fast until the sunset.
فَالْآنَ بَاشِرُوهُنَّ وَابْتَغُوا مَا كَتَبَ اللَّهُ لَكُمْ وَكُلُوا وَاشْرَبُوا حَتَّى يَتَبَيَّنَ لَكُمُ الْخَيْطُ الْأَبْيَضُ مِنَ الْخَيْطِ الْأَسْوَدِ مِنَ الْفَجْرِ ثُمَّ أَتِمُّوا الصِّيَامَ إِلَى اللَّيْلِone, then fasting for two consecutive months. If he is unable to fast, then he feeds sixty poor people, like the expiation for zihar.
If intercourse is repeated in one month, Ramadan, before the expiation is paid, then one expiation is sufficient for all of them. So she has an expiation upon her, and her husband has another expiation upon him as we mentioned, and one expiation is sufficient for both of them for all the instances in which intercourse occurred, as long as no expiation was paid between the two instances of intercourse.
Question: What if the wife was coerced in this situation?
Answer: If she was coerced and had no choice at all, such that he forced her to do this, then there is no expiation upon her, and the expiation is upon him for himself.
Question: And ignorance does not excuse anyone in this situation?
Answer: And as for what you mentioned that she was ignorant, this ignorance does not excuse her, because she is among the Muslims and hears that fasting is obligatory and that it has rulings. So this is ignorance that does not excuse, because she is able to ask and know the ruling of Allah (Glorified and Exalted is He). The ignorance that excuses is that of one who is far from the Muslims, with no one from the Muslims present, such as one who grew up in a remote desert or in lands far from the Muslims, and does not hear anything from the Book of Allah or from the Sunnah of His Messenger.
And as for what you mentioned of His saying, the Exalted:
Your Lord has decreed upon Himself mercy: that any of you who does wrong out of ignorance and then repents after that and corrects himself - indeed, He is Forgiving and Merciful."
كَتَبَ رَبُّكُمْ عَلَى نَفْسِهِ الرَّحْمَةَ أَنَّهُ مَنْ عَمِلَ مِنْكُمْ سُوءًا بِجَهَالَةٍ ثُمَّ تَابَ مِنْ بَعْدِهِ وَأَصْلَحَ فَأَنَّهُ غَفُورٌ رَحِيمٌMeaning that he is a disobedient person to Allah, and this ignorance is contrary to forbearance and contrary to the intellect that prevents a person from disobeying Allah (Glorified and Exalted is He). The intended meaning of ignorance here is not lack of knowledge.
Some of the Salaf said: Whoever disobeys Allah the Exalted is ignorant, and Allah the Exalted knows best.