Ruling on a woman whose husband has intercourse with her while she is making up fasts
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If a woman has days to make up from Ramadan, and she fasts them after Ramadan has ended, and her husband has intercourse with her, does she owe the severe expiation, or is the prohibition specific to Ramadan?
He says: If this woman is fasting to make up for Ramadan and her husband has intercourse with her, and it was not by her choice but he forced her, then she owes nothing and her fast is valid. If it was by her desire, then she has sinned and she must make up that day, but she does not owe an expiation; because the expiation is specific to the daytime of Ramadan for one upon whom fasting is obligatory. As for one upon whom it is not obligatory, even if he is fasting in Ramadan, he does not owe an expiation.An example of that is: A man took his family to Makkah during the days of Ramadan and fasted, and during the day he wanted to have intercourse with his family, so we say: Yes.
You may have intercourse with your family and you owe nothing except making up the day; because it is not obligatory for a traveler to fast.
Pay attention to this point! If a person performing 'Umrah in Makkah asks you for a ruling after having intercourse with his family in Ramadan, do not say: You owe an expiation.
The questioner: O Shaykh! Is the expiation specific to Ramadan?The Shaykh: The expiation is not obligatory unless the intercourse occurs during the daytime of Ramadan for one upon whom fasting is obligatory.
He says: If this woman is fasting to make up for Ramadan and her husband has intercourse with her, and it was not by her choice but he forced her, then she owes nothing and her fast is valid. If it was by her desire, then she has sinned and she must make up that day, but she does not owe an expiation; because the expiation is specific to the daytime of Ramadan for one upon whom fasting is obligatory. As for one upon whom it is not obligatory, even if he is fasting in Ramadan, he does not owe an expiation.An example of that is: A man took his family to Makkah during the days of Ramadan and fasted, and during the day he wanted to have intercourse with his family, so we say: Yes.
You may have intercourse with your family and you owe nothing except making up the day; because it is not obligatory for a traveler to fast.
Pay attention to this point! If a person performing 'Umrah in Makkah asks you for a ruling after having intercourse with his family in Ramadan, do not say: You owe an expiation.
The questioner: O Shaykh! Is the expiation specific to Ramadan?The Shaykh: The expiation is not obligatory unless the intercourse occurs during the daytime of Ramadan for one upon whom fasting is obligatory.