Is a man touching his wife and kissing her a breaker of the fast? And does it have the ruling of intercourse?
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The questioner : If one emits semen without intercourse, even if it is through ejaculation, does this invalidate the fast? Does it affect the fast in any way? So, does this affect Hajj if one is in a state of ihram?
The Shaykh : I mean, does it have the ruling of intercourse or not? By Allah, I do not have a study on intercourse itself regarding Hajj, when it invalidates Hajj and when it does not. Consequently, I do not have a study on the question that was directed specifically, although consideration initially suggests, without research, that the ruling is the same. But I do not have a study as I have a study regarding fasting.
The questioner : Could you, our Shaykh, clarify for us the things that invalidate the fast?
The Shaykh : Regarding fasting?
The questioner : A questioner never asks a Shaykh except to say, "This fast is invalid, this requires making it up, this requires such and such."
The Shaykh : Yes, that is correct, because the four schools of jurisprudence are like this. However, it is established from a group of the Salaf that they issued a fatwa that only intercourse breaks the fast.
The questioner : Like whom?
The Shaykh : Like A'ishah, for example, and the Companions like Ibn Abi Waqqas. There is even a strange and authentic report that she said to one of her relatives, I think his name was Qasim ibn 'Abd al-Rahman ibn Abi Bakr al-Siddiq, who had recently married. She said to him, "Did you play with your bride?" He replied, "The world is Ramadan." He replied that he was afraid. She said, "Only intercourse breaks the fast." Yes, A'ishah, and similar to this, that only intercourse breaks the fast, from Sa'd ibn Abi Waqqas. It also came from Jabir ibn Zayd, who was a distinguished Tabi'i and one of the prolific narrators from Ibn 'Abbas, and so on. There is no text that contradicts these statements. I mean—[Al-Baqarah 2:187], what is the prohibited thing in the verse?
The questioner : Intercourse.
The Shaykh : And the scholars, without disagreement among them, agree that intercourse in Ramadan breaks the fast. Because someone might say, "It is not permissible for a man to have intercourse with his wife during the day in Ramadan." Correct, but where is the evidence that it breaks the fast, as we say to the one who says this, "He committed a prohibited act," as this man from their land, Yusuf al-Qaradawi, says?
The questioner : Al-Qaradawi.
The Shaykh : Al-Qaradawi, I apologize. He says, "We consider him like the one who looked at a woman, like that young man, but he did not emit. He committed a prohibited act. Does he break the fast by that?" He says, "No." Well, why did he break the fast here and not break the fast there? This committed a haram and this committed a haram. Ah, this one emitted. I know that he emitted, but where is the evidence that the one who emits by looking or touching or by anything other than intercourse breaks the fast? We need evidence. There is no evidence. Therefore, they differentiate because they observe exactly what we observe. They observe that the one who emits by touching or looking is not said, neither linguistically nor religiously, to have had intercourse. Therefore, they do not obligate the expiation on the one who emits by touching or looking, but they only obligate making up the fast without expiation. The expiation was obligated on him by intercourse. If this is not intercourse, because if it were intercourse or had the ruling of intercourse, they would have imposed making up the fast with what? With the expiation. So by what evidence did you obligate breaking the fast and making it up? If you say this is intercourse, you did not treat it as intercourse. And if you say this is not intercourse, then what is the evidence that other than intercourse breaks the fast? There is no evidence. In addition to this, we found some authentic reports from the Salaf that only intercourse breaks the fast.
The questioner : Should it not be said that the safest course is not to do it?
The Shaykh : Of course, there is no objection to saying it is safer. This is the same thing Lady A'ishah said:, and therefore the hadith came distinguishing betweenThe Shaykh : and the young man. When the hadith came, it says: .
The questioner : My teacher, here in A'ishah's statement:, is the intended meaning intercourse or emission from desire?
The Shaykh : Intercourse.
The questioner : Intercourse, because many scholars say there is consensus that one who kisses his wife and emits breaks the fast. They transmit a consensus.
The Shaykh : How is there a consensus when A'ishah is at the head of the dissenters?
The questioner : Well, if he kissed in Ramadan, if he kissedThe Shaykh : an old man, he does not care that this thing affects him. It is not important, I mean.
The Shaykh : We tell him, "May Allah reward you."
The questioner : I mean, the operative cause here is the strength of desire.
The Shaykh: Yes.
The questioner : If there is a young man with weak desire and an old man with strong desire, do we prohibitThe Shaykh : or do we not prohibit the young man?
The Shaykh: Perfect.
The questioner : May Allah reward you with all good and bless you.
The questioner : For this reason, many people are hesitant to marry their sons or for young men to marry at the beginning of Ramadan. But if this ruling were with them, based on A'ishah's hadith to the bride, if he had followed it.
The Shaykh : I mean, does it have the ruling of intercourse or not? By Allah, I do not have a study on intercourse itself regarding Hajj, when it invalidates Hajj and when it does not. Consequently, I do not have a study on the question that was directed specifically, although consideration initially suggests, without research, that the ruling is the same. But I do not have a study as I have a study regarding fasting.
The questioner : Could you, our Shaykh, clarify for us the things that invalidate the fast?
The Shaykh : Regarding fasting?
The questioner : A questioner never asks a Shaykh except to say, "This fast is invalid, this requires making it up, this requires such and such."
The Shaykh : Yes, that is correct, because the four schools of jurisprudence are like this. However, it is established from a group of the Salaf that they issued a fatwa that only intercourse breaks the fast.
The questioner : Like whom?
The Shaykh : Like A'ishah, for example, and the Companions like Ibn Abi Waqqas. There is even a strange and authentic report that she said to one of her relatives, I think his name was Qasim ibn 'Abd al-Rahman ibn Abi Bakr al-Siddiq, who had recently married. She said to him, "Did you play with your bride?" He replied, "The world is Ramadan." He replied that he was afraid. She said, "Only intercourse breaks the fast." Yes, A'ishah, and similar to this, that only intercourse breaks the fast, from Sa'd ibn Abi Waqqas. It also came from Jabir ibn Zayd, who was a distinguished Tabi'i and one of the prolific narrators from Ibn 'Abbas, and so on. There is no text that contradicts these statements. I mean—
It has been made permissible for you the night preceding fasting
أحل لكم ليلة الصيام ...The questioner : Intercourse.
The Shaykh : And the scholars, without disagreement among them, agree that intercourse in Ramadan breaks the fast. Because someone might say, "It is not permissible for a man to have intercourse with his wife during the day in Ramadan." Correct, but where is the evidence that it breaks the fast, as we say to the one who says this, "He committed a prohibited act," as this man from their land, Yusuf al-Qaradawi, says?
The questioner : Al-Qaradawi.
The Shaykh : Al-Qaradawi, I apologize. He says, "We consider him like the one who looked at a woman, like that young man, but he did not emit. He committed a prohibited act. Does he break the fast by that?" He says, "No." Well, why did he break the fast here and not break the fast there? This committed a haram and this committed a haram. Ah, this one emitted. I know that he emitted, but where is the evidence that the one who emits by looking or touching or by anything other than intercourse breaks the fast? We need evidence. There is no evidence. Therefore, they differentiate because they observe exactly what we observe. They observe that the one who emits by touching or looking is not said, neither linguistically nor religiously, to have had intercourse. Therefore, they do not obligate the expiation on the one who emits by touching or looking, but they only obligate making up the fast without expiation. The expiation was obligated on him by intercourse. If this is not intercourse, because if it were intercourse or had the ruling of intercourse, they would have imposed making up the fast with what? With the expiation. So by what evidence did you obligate breaking the fast and making it up? If you say this is intercourse, you did not treat it as intercourse. And if you say this is not intercourse, then what is the evidence that other than intercourse breaks the fast? There is no evidence. In addition to this, we found some authentic reports from the Salaf that only intercourse breaks the fast.
The questioner : Should it not be said that the safest course is not to do it?
The Shaykh : Of course, there is no objection to saying it is safer. This is the same thing Lady A'ishah said:
Intercourse is what breaks the fast. She said: "And who among you can control his desire as the Messenger of Allah (peace and blessings be upon him) controlled his desire?"
إن الجماع هو الذي يفطر ، قالت : وأيكم كان يملك أربه كما كان رسول الله صلى الله عليه وسلم يملكA man came and asked the Messenger of Allah (peace and blessings be upon him), "Do you kiss in Ramadan?" He said to him, "No." Another man came and he said to him, "There is no harm." He said, "So we looked and found the first one was a young man, and the other was an old man."
جاء رجل فسأل الرسول عليه السلام هل يقبّل في رمضان قال له لا ، جاء آخر قال به لا بأس قال فنظرنا فوجدنا الأول شاب ، والآخر شيخThe questioner : My teacher, here in A'ishah's statement:
Who among you can control his desire?
أيكم يملك إربهThe Shaykh : Intercourse.
The questioner : Intercourse, because many scholars say there is consensus that one who kisses his wife and emits breaks the fast. They transmit a consensus.
The Shaykh : How is there a consensus when A'ishah is at the head of the dissenters?
The questioner : Well, if he kissed in Ramadan, if he kissedThe Shaykh : an old man, he does not care that this thing affects him. It is not important, I mean.
The Shaykh : We tell him, "May Allah reward you."
The questioner : I mean, the operative cause here is the strength of desire.
The Shaykh: Yes.
The questioner : If there is a young man with weak desire and an old man with strong desire, do we prohibitThe Shaykh : or do we not prohibit the young man?
The Shaykh: Perfect.
The questioner : May Allah reward you with all good and bless you.
The questioner : For this reason, many people are hesitant to marry their sons or for young men to marry at the beginning of Ramadan. But if this ruling were with them, based on A'ishah's hadith to the bride, if he had followed it.
Source
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The Arabic text is copied verbatim from the original source, without any edits.