What is the ruling on a man who forces his wife to break her fast during the day in Ramadan and has intercourse with her, while he is traveling and she is resident?
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The questioner : May Allah reward you, O Shaykh. A man married three days before Ramadan and was away from his homeland. When he got married and Ramadan came, he fasted for one day and broke his fast for the rest of the month, and he had intercourse with his wife during the day in Ramadan. His wife was forced to do so and she refused, but he forced her, meaning: he forced her to do so?
The Shaykh : Is she traveling?
The questioner : No, she is resident in the town.
The Shaykh : In her town?
The questioner : In her town, and he was traveling.
The Shaykh : And he was traveling?
The questioner : Yes, and he went to her town and got married.
The Shaykh : I understand, I understand. As for him, he owes nothing, meaning: he does not owe an expiation, because it is permissible for a traveler to break his fast. Therefore, one must be careful about this issue, for some people, for example, go to Makkah for 'Umrah while their families remain for the whole month or half of it or whatever Allah wills, and then they have intercourse with them during the day while fasting. We say: this person owes only making up the day, and it is permissible for him to have intercourse with her, because he is a traveler. This is a point one must be careful about, because we hear that some of the brothers have issued a ruling that a man who has intercourse with his wife while on 'Umrah owes an expiation. This is a mistake; he owes nothing except making up the day.
Regarding your question, we say: it is forbidden for him to force his wife to have intercourse, because he invalidated her fast, so he is sinful in this regard. As for his wife, if she was forced and unable to defend herself, she also owes nothing, neither making up the fast nor an expiation. Do you understand now? So the man owes making up the fast and does not owe an expiation. As for the woman, she owes neither making up the fast nor an expiation if she was forced to the extent that she could not defend herself. And in my opinion, she can defend herself. How? By not coming to him. As long as she knows that whenever she comes to him, he will have intercourse with her, she does not come to him; she is in her house.
The questioner : It is the same house, O Shaykh.
The Shaykh : It is the same house, but she can go to other rooms, unless there is no one else in the house.
The questioner : There is no one else with them.
The Shaykh : And she cannot get rid of him? In any case: coercion means that something happens to a person that he cannot repel. So if it is established that she was coerced, she owes neither making up the fast nor an expiation.
The questioner : Does he owe an expiation or only making up the fast?
The Shaykh : He owes only making up the fast, and he is sinful regarding the coercion of the woman. So let him repent to Allah for that and seek her forgiveness.
And with this, this meeting ends, and until another meeting, if Allah wills.
And all praise is due to Allah, Lord of the worlds. And Glory be to You, O Allah, our Lord, and with Your praise. I bear witness that there is no deity but You. I seek Your forgiveness and I repent to You. And to the prayer. May Allah reward you.
The Shaykh : Is she traveling?
The questioner : No, she is resident in the town.
The Shaykh : In her town?
The questioner : In her town, and he was traveling.
The Shaykh : And he was traveling?
The questioner : Yes, and he went to her town and got married.
The Shaykh : I understand, I understand. As for him, he owes nothing, meaning: he does not owe an expiation, because it is permissible for a traveler to break his fast. Therefore, one must be careful about this issue, for some people, for example, go to Makkah for 'Umrah while their families remain for the whole month or half of it or whatever Allah wills, and then they have intercourse with them during the day while fasting. We say: this person owes only making up the day, and it is permissible for him to have intercourse with her, because he is a traveler. This is a point one must be careful about, because we hear that some of the brothers have issued a ruling that a man who has intercourse with his wife while on 'Umrah owes an expiation. This is a mistake; he owes nothing except making up the day.
Regarding your question, we say: it is forbidden for him to force his wife to have intercourse, because he invalidated her fast, so he is sinful in this regard. As for his wife, if she was forced and unable to defend herself, she also owes nothing, neither making up the fast nor an expiation. Do you understand now? So the man owes making up the fast and does not owe an expiation. As for the woman, she owes neither making up the fast nor an expiation if she was forced to the extent that she could not defend herself. And in my opinion, she can defend herself. How? By not coming to him. As long as she knows that whenever she comes to him, he will have intercourse with her, she does not come to him; she is in her house.
The questioner : It is the same house, O Shaykh.
The Shaykh : It is the same house, but she can go to other rooms, unless there is no one else in the house.
The questioner : There is no one else with them.
The Shaykh : And she cannot get rid of him? In any case: coercion means that something happens to a person that he cannot repel. So if it is established that she was coerced, she owes neither making up the fast nor an expiation.
The questioner : Does he owe an expiation or only making up the fast?
The Shaykh : He owes only making up the fast, and he is sinful regarding the coercion of the woman. So let him repent to Allah for that and seek her forgiveness.
And with this, this meeting ends, and until another meeting, if Allah wills.
And all praise is due to Allah, Lord of the worlds. And Glory be to You, O Allah, our Lord, and with Your praise. I bear witness that there is no deity but You. I seek Your forgiveness and I repent to You. And to the prayer. May Allah reward you.