A woman who was forced by her husband to have intercourse with her during the day in Ramadan, then he divorced her and she did not make up the fast, then she married another man and informed him of this, so he prevented her from fasting because of his right over her; how should she proceed?
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The questioner : A questioner says: I am a woman who married at the age of seventeen to a wicked husband. Due to my youth and my ignorance, he attempted to have intercourse with me during the day in Ramadan while we were fasting. After a short period, he divorced me. Then I married a committed man, and I informed him of this matter. He said: "You must fast two consecutive months, but I will not allow you to fast as long as you are my wife, because I will not enjoy you. What is the solution, O our Shaykh, may Allah have mercy on you and assist you?"
The Shaykh : We ask Allah for guidance for him.
First: We ask this woman: Did she think that it was lawful if the husband demanded it and persisted? That is, did she think that intercourse during the day in Ramadan for one upon whom fasting is obligatory is lawful if the husband persists? If so, then she owes nothing, because she was ignorant. And Allah the Exalted said:[Al-Baqarah 2:286] Then Allah the Exalted said: "You have done it." If she says: "I knew that it was forbidden, and that it does not become lawful by the husband's persistence," we ask a second question: Did he force her to do it by taking her by force and having intercourse with her? If she says: Yes, we say: You owe nothing. If she says: No, but she was willing, we say: Now it is obligatory upon her to pay an expiation, which is freeing a slave. If she does not find one, then fasting two consecutive months. If she cannot do that, then feeding sixty poor people.
Here comes the second stage, which is the stage of the second husband: The second husband, may Allah reward him with good, issued a ruling for her to fast two consecutive months, but he says: "I will not permit you, and you are my wife." So: she cannot do it. She is now unable to do it. So what is obligatory? She moves to the third rank, which is: feeding sixty poor people.
The Shaykh : We ask Allah for guidance for him.
First: We ask this woman: Did she think that it was lawful if the husband demanded it and persisted? That is, did she think that intercourse during the day in Ramadan for one upon whom fasting is obligatory is lawful if the husband persists? If so, then she owes nothing, because she was ignorant. And Allah the Exalted said:
Our Lord, do not impose blame upon us if we have forgotten or erred.
رَبَّنَا لا تُؤَاخِذْنَا إِنْ نَسِينَا أَوْ أَخْطَأْنَاHere comes the second stage, which is the stage of the second husband: The second husband, may Allah reward him with good, issued a ruling for her to fast two consecutive months, but he says: "I will not permit you, and you are my wife." So: she cannot do it. She is now unable to do it. So what is obligatory? She moves to the third rank, which is: feeding sixty poor people.