Fatawa of the Makkah Haram-1421-02b
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The reader: In the name of Allah, the Most Gracious, the Most Merciful.
The Imam, the Hafiz, Abd al-Ghani al-Maqdisi (may Allah have mercy on him) said in his book *Umdat al-Ahkam*:
The Book of Fasting
Abu Hurayrah (may Allah be pleased with him) said:
فقال : مالك؟ قال : وقعت على امرأتي في رمضان وأنا صائم.
In another narration:Musannaf Abd al-Razzaq 9:159 . Sahih al-Bukhari 1936.
Al-Hara: land covered with black stones.
The Shaykh : This hadith concerns the ruling on the intercourse of a fasting person, specifically in Ramadan. Intercourse by a fasting person during the day in Ramadan, when fasting is obligatory, entails two things:
The first is making up the fast. The second is the expiation.
And our statement "when it is obligatory" is a precaution on our part in case the fast is not obligatory for this man, such as if he was fasting while traveling and his wife was with him and he had intercourse with her. In that case, his fast is invalidated, but there is no expiation on him, because the fast of a fasting person is not invalidated [in a way that requires expiation], and the expiation is not required of him except under certain conditions.
The Imam, the Hafiz, Abd al-Ghani al-Maqdisi (may Allah have mercy on him) said in his book *Umdat al-Ahkam*:
The Book of Fasting
Abu Hurayrah (may Allah be pleased with him) said:
While we were sitting with the Prophet (peace and blessings be upon him), a man came to him and said: "O Messenger of Allah, I am ruined." He said: "What is the matter with you?" He said: "I had intercourse with my wife in Ramadan while I was fasting."
بينما نحن جلوس عند النبي صلى الله عليه وسلم إذ جاءه رجل فقال : يا رسول الله هلكت.فقال : مالك؟ قال : وقعت على امرأتي في رمضان وأنا صائم
In another narration:
I had intercourse with my family in Ramadan.
أصبت أهلي في رمضانAllah's Messenger (ﷺ) asked him, "Can you afford to manumit a slave?" He replied in the negative. Allah's Messenger (ﷺ) asked him, "Can you fast for two successive months?" He replied in the negative. The Prophet (ﷺ) asked him, "Can you afford to feed sixty poor persons?" He replied in the negative. The Prophet (ﷺ) kept silent and while we were in that state, a big basket full of dates was brought to the Prophet (ﷺ) . He asked, "Where is the questioner?" He replied, "I (am here)." The Prophet (ﷺ) said (to him), "Take this (basket of dates) and give it in charity." The man said, "Should I give it to a person poorer than I? By Allah; there is no family between its (i.e. Medina's) two mountains who are poorer than I." The Prophet (ﷺ) smiled till his premolar teeth became visible and then said, 'Feed your family with it."
فقال رسول الله صلى الله عليه وسلم : هل تجد رقبة تعتقها؟ قال لا. قال : فهل تستطيع أن تصوم شهرين متتابعين؟ قال : لا. قال : فهل تجد إطعام ستين مسكيناً ؟ قال : لا . قال : فسكت النبي صلى الله عليه وسلم. فبينما نحن على ذلك إذا أتي النبي صلى الله عليه وسلم بعرق فيه تمر. والعرق المكتل. قال : أين السائل ؟ قال : أنا. قال : خذ هذا فتصدق به. فقال : على أفقر مني يا رسول الله. فوالله ما بين لابتيها - يريد الحرتين - أهل بيت أفقر من أهل بيتي. فضحك النبي صلى الله عليه وسلم حتى بدت أنيابه ثم قال : أطعمه أهلكAl-Hara: land covered with black stones.
The Shaykh : This hadith concerns the ruling on the intercourse of a fasting person, specifically in Ramadan. Intercourse by a fasting person during the day in Ramadan, when fasting is obligatory, entails two things:
The first is making up the fast. The second is the expiation.
And our statement "when it is obligatory" is a precaution on our part in case the fast is not obligatory for this man, such as if he was fasting while traveling and his wife was with him and he had intercourse with her. In that case, his fast is invalidated, but there is no expiation on him, because the fast of a fasting person is not invalidated [in a way that requires expiation], and the expiation is not required of him except under certain conditions.