Is ignorance or forgetfulness possible for a fasting person in the case of intercourse?
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The questioner : O Shaykh, may Allah reward you for the lesson. Is ignorance or forgetfulness possible in the case of intercourse?
The Shaykh : Ask the husbands.
The questioner : Hehe.
The Shaykh : Ask the husbands.
The questioner : Because we just said that there are four conditions, one of which is that the person must be ignorant.
The Shaykh : Huh? How?
The questioner : We said regarding the things that break the fast that the person must be aware.
The Shaykh : Yes.
The questioner : That he must be aware.
The Shaykh : It is known that he must be in a state of remembrance.
The questioner : That he must be in a state of remembrance, but do we generalize this for all things that break the fast?
The Shaykh : For all things that break the fast, and all prohibitions in every act of worship, these three conditions are necessary. Even in prayer, if a person speaks while forgetting or being ignorant, not knowing that speech invalidates the prayer, or even in the prohibitions of ihram.
The questioner : One party.
The Shaykh : Yes?
The questioner : I say one party in this act of worship, but intercourse involves two parties.
The Shaykh : Yes, and is it not possible for both parties to forget?
The questioner : I do not know, O Shaykh.
The Shaykh : It is possible. The important thing is that we say: if forgetfulness occurs. As for whether it is possible or not, it is certainly possible intellectually. It is true that forgetfulness is more common in eating and drinking than in intercourse, but since we have the principle:[Al-Baqarah 2:286], it covers everything.
The questioner : This man who came to the Messenger of Allah (peace and blessings be upon him) and said, "I have committed a great matter and I am ruined." Did the Prophet (peace and blessings be upon him) ask him if he was ignorant or forgetting?
The Shaykh : Yes, but the Messenger (peace and blessings be upon him) knew, because he said, "I am ruined," and this indicates that he did it intentionally. That is why he did not say, "O Messenger of Allah, I forgot and then I came to my wife." When he said, "I am ruined," it became known that he was...
The questioner : Intentional.
The Shaykh : He was intentional. But if a person did this, having intercourse, but did not know that an expiation was required of him, is he excused?
The questioner : No.
The Shaykh : He is not excused.
The questioner : If he knew.
The Shaykh : If he knew that this is forbidden, then he has violated the sanctity, and the expiation becomes obligatory upon him, even if he says, "If I had known that this was the expiation, I would not have done it." We say: you have no excuse. For example, if a man commits zina while knowing that zina is forbidden, but does not know that he will be stoned if he is a married man, and says, "If I had known that I would be stoned, I would not have done it," we say: this is not an excuse for you.
The Shaykh : Ask the husbands.
The questioner : Hehe.
The Shaykh : Ask the husbands.
The questioner : Because we just said that there are four conditions, one of which is that the person must be ignorant.
The Shaykh : Huh? How?
The questioner : We said regarding the things that break the fast that the person must be aware.
The Shaykh : Yes.
The questioner : That he must be aware.
The Shaykh : It is known that he must be in a state of remembrance.
The questioner : That he must be in a state of remembrance, but do we generalize this for all things that break the fast?
The Shaykh : For all things that break the fast, and all prohibitions in every act of worship, these three conditions are necessary. Even in prayer, if a person speaks while forgetting or being ignorant, not knowing that speech invalidates the prayer, or even in the prohibitions of ihram.
The questioner : One party.
The Shaykh : Yes?
The questioner : I say one party in this act of worship, but intercourse involves two parties.
The Shaykh : Yes, and is it not possible for both parties to forget?
The questioner : I do not know, O Shaykh.
The Shaykh : It is possible. The important thing is that we say: if forgetfulness occurs. As for whether it is possible or not, it is certainly possible intellectually. It is true that forgetfulness is more common in eating and drinking than in intercourse, but since we have the principle:
Our Lord, do not impose blame upon us if we have forgotten or erred.
ربّنا لا تؤاخذنا إن نسينا أو أخطأناThe questioner : This man who came to the Messenger of Allah (peace and blessings be upon him) and said, "I have committed a great matter and I am ruined." Did the Prophet (peace and blessings be upon him) ask him if he was ignorant or forgetting?
The Shaykh : Yes, but the Messenger (peace and blessings be upon him) knew, because he said, "I am ruined," and this indicates that he did it intentionally. That is why he did not say, "O Messenger of Allah, I forgot and then I came to my wife." When he said, "I am ruined," it became known that he was...
The questioner : Intentional.
The Shaykh : He was intentional. But if a person did this, having intercourse, but did not know that an expiation was required of him, is he excused?
The questioner : No.
The Shaykh : He is not excused.
The questioner : If he knew.
The Shaykh : If he knew that this is forbidden, then he has violated the sanctity, and the expiation becomes obligatory upon him, even if he says, "If I had known that this was the expiation, I would not have done it." We say: you have no excuse. For example, if a man commits zina while knowing that zina is forbidden, but does not know that he will be stoned if he is a married man, and says, "If I had known that I would be stoned, I would not have done it," we say: this is not an excuse for you.