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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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My father has been deceased for thirty-six years, and my mother informed me today that my father had intercourse with her during the day in Ramadan, out of their ignorance of the ruling, as they did not read and the scholars were not numerous at that time, sixty years ago.

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The questioner : May Allah reward you with good. This questioner says: My father has been deceased for thirty-six years, and my mother informed me today that he had intercourse with her in the month of Ramadan during his marriage, without her knowledge of the ruling, as they did not read and the scholars at that time, sixty years ago, were few. The mother became confused when she heard the ruling via the radio. I ask for clarification of what is obligatory for the mother, who is ninety years old, and what is obligatory regarding the heirs of the deceased father. And if he owes an expiation, is it permissible for his heirs and sons to fast on his behalf? I ask for clarification of that. May Allah preserve you.

The Shaykh : If the father was ignorant of the ruling on intercourse during the day in Ramadan and he thought it was permissible, then there is no expiation on him and no making up of the fast on him. This is because if a person commits any of the prohibitions of ihram while ignorant or forgetful, or if a person commits any of the things that invalidate the fast while ignorant or forgetful, then there is no sin on him and no making up of the fast on him. Even if he had intercourse with his wife while he thought that intercourse was permissible because he lived in a place far from cities and from knowledge, then there is nothing on him in that. Yes.

The questioner : ... ؟

The Shaykh : If there is nothing on their father due to his ignorance, then there is nothing on them.

The questioner : If he was ignorant.

The Shaykh : If he was ignorant, there is nothing on him. Yes.
Source alathar.net

The Arabic text is copied verbatim from the original source, without any edits.

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