A man traveled a distance that permits shortening the prayer during Ramadan, so he broke his fast and arrived at his home during the daytime of Ramadan. He wanted to have intercourse with his wife, either with her consent or by force. What is the ruling for him and for his wife, whether she consented or was forced?
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The questioner : The questioner says: A man who is traveling a distance that permits shortening the prayer, and his travel was during Ramadan, so he broke his fast. He arrived at his home during the daytime of Ramadan and wanted to have intercourse with his wife, either with her consent or by force. What is the ruling for him and what is the ruling for his wife if she consented or if she was forced?
The Shaykh : As for him, and as you heard, he is a traveler who broke his fast and entered his town while still in a state of breaking the fast. The scholars, may Allah have mercy on them, differed on this issue. Some said that if a traveler enters his town while breaking his fast, he must abstain from eating and drinking out of respect for the time, even though this abstention is not counted for him, because he is obligated to make up this day. Other scholars said that if a traveler enters his town while breaking his fast, he is not obligated to abstain, and he may eat for the rest of the day. These two opinions are two narrations from Imam Ahmad ibn Hanbal, may Allah have mercy on him. The one closer to the truth is that he is not obligated to abstain, because he gains nothing from this abstention, and because the time is not respected in his case, since it was permitted for him to eat and drink at the beginning of the day. Fasting, as we know, is abstaining from things that break the fast from the beginning of the day, from the appearance of dawn until the setting of the sun. For this reason, it is narrated from Ibn Mas'ud (may Allah be pleased with him) that he said: "Whoever eats at the beginning of the day, let him eat at the end of it", meaning that whoever is permitted to eat at the beginning of the day is permitted to eat at the end of the day, because the day is not respected in his case. Based on this opinion, this man who entered his town while breaking his fast is permitted to eat and drink for the rest of the day. As for intercourse, it is not permissible for him to have intercourse with his wife while she is fasting an obligatory fast, because it invalidates her fast. If he forced her and had intercourse with her, she owes no expiation and does not break her fast either, because she was forced. As for him, he also owes no expiation, based on the fact that he is not obligated to abstain if he enters his town while breaking his fast.
The Shaykh : As for him, and as you heard, he is a traveler who broke his fast and entered his town while still in a state of breaking the fast. The scholars, may Allah have mercy on them, differed on this issue. Some said that if a traveler enters his town while breaking his fast, he must abstain from eating and drinking out of respect for the time, even though this abstention is not counted for him, because he is obligated to make up this day. Other scholars said that if a traveler enters his town while breaking his fast, he is not obligated to abstain, and he may eat for the rest of the day. These two opinions are two narrations from Imam Ahmad ibn Hanbal, may Allah have mercy on him. The one closer to the truth is that he is not obligated to abstain, because he gains nothing from this abstention, and because the time is not respected in his case, since it was permitted for him to eat and drink at the beginning of the day. Fasting, as we know, is abstaining from things that break the fast from the beginning of the day, from the appearance of dawn until the setting of the sun. For this reason, it is narrated from Ibn Mas'ud (may Allah be pleased with him) that he said: "Whoever eats at the beginning of the day, let him eat at the end of it", meaning that whoever is permitted to eat at the beginning of the day is permitted to eat at the end of the day, because the day is not respected in his case. Based on this opinion, this man who entered his town while breaking his fast is permitted to eat and drink for the rest of the day. As for intercourse, it is not permissible for him to have intercourse with his wife while she is fasting an obligatory fast, because it invalidates her fast. If he forced her and had intercourse with her, she owes no expiation and does not break her fast either, because she was forced. As for him, he also owes no expiation, based on the fact that he is not obligated to abstain if he enters his town while breaking his fast.