I am a young married man who had intercourse during the day in Ramadan without ejaculation; what is the ruling on that, and is there an expiation for intercourse during the day in Ramadan, and what is the ruling on the wife if she was ignorant?
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The questioner : A questioner says: Peace be upon you and Allah's mercy and blessings. I am a young married man who had intercourse during the day in Ramadan without ejaculation; what is the ruling on that, and is there an expiation for intercourse during the day in Ramadan, and what is the ruling on the wife if she was ignorant?
The Shaykh : If a person has intercourse during the day in Ramadan while he is fasting in his home country, he owes the expiation, which is a severe expiation: freeing a slave. If he cannot find one, he must fast two consecutive months. If he cannot do that, he must feed sixty poor people. The woman is the same if she consented to it; if she was forced, she owes nothing.
Likewise, if a man has intercourse when fasting is not obligatory for him, such as if he has intercourse during the day in Ramadan while he is traveling. Let us suppose a man was performing the lesser pilgrimage with his wife, and they were both fasting. During the day, he needed his wife and had intercourse with her while they were fasting. In that case, they owe no sin, no expiation, and no abstention for the rest of the day; rather, they must make up that day, because fasting was not obligatory for them.
Similarly, if a man breaks his fast out of dire necessity, such as saving a protected person from destruction, it is permissible for him to break his fast. If he has intercourse on that day on which he broke his fast out of dire necessity, he owes nothing, because he did not violate an obligatory fast. Thus, it becomes clear that if a man has intercourse with his wife while he is a resident for whom fasting is obligatory, several rulings attach to his intercourse:
The first is sin, the second is the invalidity of the fast, the third is the obligation to abstain, the fourth is the obligation to make up the fast, and the fifth is the obligation of the expiation. Five rulings. Who can list them for us?
The student: The first ruling: the invalidity of the fast.
The Shaykh : Before that.
The student: Sin, then the invalidity of the fast.
The Shaykh : Then the invalidity of the fast.
The student: Then the obligation to abstain.
The Shaykh : Then the obligation to abstain.
The student: Then making up the fast.
The Shaykh : Then the obligation to make up the fast, then the expiation. All these five things are obligatory upon him. As for the sin, he must repent to Allah from it. The abstention is clear, and making up the fast is clear.
The evidence for the expiation is the hadith of Abu Hurayrah (may Allah be pleased with him): This man came in fear, saying that he was ruined, but he took the opportunity and said: I am the most deserving of this date palm. So the man went to carry dates to his family, and Allah the Mighty and Majestic absolved him of what he did, because he was poor.
If a poor man cannot find a slave, cannot fast, and cannot feed, the expiation is dropped from him, because Allah does not burden a soul beyond its capacity, and there is no obligation in the case of inability.
I have a paper here; if you read it, it says that it is a will...
The questioner : There is a remainder.
The Shaykh : What is the remainder?
The questioner : If the man did not ejaculate?
The Shaykh : And we said that the expiation is obligatory upon whoever has intercourse during the day in Ramadan from among those for whom fasting is obligatory. There is no difference in this between ejaculating or not ejaculating. If intercourse occurs, the expiation is obligatory whether he ejaculates or not. If ejaculation occurs without intercourse, there is no expiation in it, only sin, the obligation to abstain, and making up the fast, but no expiation.
The Shaykh : If a person has intercourse during the day in Ramadan while he is fasting in his home country, he owes the expiation, which is a severe expiation: freeing a slave. If he cannot find one, he must fast two consecutive months. If he cannot do that, he must feed sixty poor people. The woman is the same if she consented to it; if she was forced, she owes nothing.
Likewise, if a man has intercourse when fasting is not obligatory for him, such as if he has intercourse during the day in Ramadan while he is traveling. Let us suppose a man was performing the lesser pilgrimage with his wife, and they were both fasting. During the day, he needed his wife and had intercourse with her while they were fasting. In that case, they owe no sin, no expiation, and no abstention for the rest of the day; rather, they must make up that day, because fasting was not obligatory for them.
Similarly, if a man breaks his fast out of dire necessity, such as saving a protected person from destruction, it is permissible for him to break his fast. If he has intercourse on that day on which he broke his fast out of dire necessity, he owes nothing, because he did not violate an obligatory fast. Thus, it becomes clear that if a man has intercourse with his wife while he is a resident for whom fasting is obligatory, several rulings attach to his intercourse:
The first is sin, the second is the invalidity of the fast, the third is the obligation to abstain, the fourth is the obligation to make up the fast, and the fifth is the obligation of the expiation. Five rulings. Who can list them for us?
The student: The first ruling: the invalidity of the fast.
The Shaykh : Before that.
The student: Sin, then the invalidity of the fast.
The Shaykh : Then the invalidity of the fast.
The student: Then the obligation to abstain.
The Shaykh : Then the obligation to abstain.
The student: Then making up the fast.
The Shaykh : Then the obligation to make up the fast, then the expiation. All these five things are obligatory upon him. As for the sin, he must repent to Allah from it. The abstention is clear, and making up the fast is clear.
The evidence for the expiation is the hadith of Abu Hurayrah (may Allah be pleased with him):
A man came to the Prophet (peace and blessings be upon him) and said: I am ruined, O Messenger of Allah! He said: What has ruined you? He said: I had intercourse with my wife in Ramadan while I was fasting. So the Prophet (peace and blessings be upon him) asked him about the means of expiation: Can he find a slave? He said: No. Can he fast two consecutive months? He said: No. He said: Can he feed sixty poor people? He said: No. Then the man sat down, and dates were brought to the Messenger of Allah (peace and blessings be upon him). The Prophet (peace and blessings be upon him) said: Take this and give it in charity. He said: O Messenger of Allah, to someone poorer than me? By Allah, O Messenger of Allah, there is no household between its two banks poorer than mine. The Prophet (peace and blessings be upon him) laughed.
أن رجلا جاء إلى النبي صلى الله عليه وسلم فقال : هلكت يا رسول الله ! قال : ما الذي أهلكك ؟ قال : وقعت على امرأتي في رمضان وأنا صائم . فسأله النبي صلى الله عليه وسلم على خصار الكفارة : هل يجد رقبة ؟ قال : لا، هل يستطيع أن يصوم شهرين متتابعين ؟ قال : لا، قال : هل يستطيع أن يطعم ستين مسكينا ؟ قال : لا، ثم جلس الرجل فجيء إلى رسول الله صلى الله عليه وسلم بتمر ، فقال النبي صلى الله عليه وسلم : خذ هذا فتصدّق به ، قال : يا رسول الله أعلى أفقر منّي ؟ والله يا رسول الله ما بين لابتيها أهل بيت أفقر مني . فضحك النبي صلى الله عليه وسلمThere is no household between its two banks poorer than mine. So the Prophet (peace and blessings be upon him) said to him: Feed your family.
ما بين لابتيها أهل بيت أفقر مني، فقال النبي صلى الله عليه وسلم له : أطعمه أهلكIf a poor man cannot find a slave, cannot fast, and cannot feed, the expiation is dropped from him, because Allah does not burden a soul beyond its capacity, and there is no obligation in the case of inability.
I have a paper here; if you read it, it says that it is a will...
The questioner : There is a remainder.
The Shaykh : What is the remainder?
The questioner : If the man did not ejaculate?
The Shaykh : And we said that the expiation is obligatory upon whoever has intercourse during the day in Ramadan from among those for whom fasting is obligatory. There is no difference in this between ejaculating or not ejaculating. If intercourse occurs, the expiation is obligatory whether he ejaculates or not. If ejaculation occurs without intercourse, there is no expiation in it, only sin, the obligation to abstain, and making up the fast, but no expiation.