Explanation of the Book of Inheritance, Fixed Punishments, and Blood Money-07b
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The reciter: Al-Layth said: From 'Amr ibn al-Harith, from 'Abd al-Rahman ibn al-Qasim, from Muhammad ibn Ja'far ibn al-Zubayr, from 'Abbad ibn 'Abd Allah ibn al-Zubayr, from 'A'ishah: Sahih al-Bukhari 6822.
Abu 'Abd Allah said: The first hadith is clearer; his statement is:.
The Shaykh : His statement: "clearer" means that in the first hadith, the aspects of the expiation were mentioned, so he said to him: then he said: , whereas in this narration, here he said: only, and did not mention fasting and did not mention freeing a slave, so the first one is clearer.
The point of these first and second narrations is that the Messenger (peace and blessings be upon him) did not rebuke him and did not punish him, but rather informed him of what is obligatory upon him regarding the right of Allah, which is the expiation. Is that clear?
And the expiation for one who has intercourse during the day of Ramadan is this, if he is: knowledgeable, mindful, and choosing. So if he has intercourse with these three conditions, he must free a slave. If he does not find one, he must fast two consecutive months. If he cannot do that, he must feed sixty poor people.
And is it permissible for him to have intercourse with her before the expiation?
Yes, it is permissible; he may have intercourse with her at night, unlike the one who has pronounced zihar, for the one who has pronounced zihar does not have intercourse until after the expiation, as in Surat al-Mujadilah.
Narrated 'Aisha: A man came to the Prophet (ﷺ) in the mosque and said, "I am burnt (ruined)!" The Prophet (ﷺ) asked him, "With what (what have you done)?" He said, "I have had sexual relation with my wife in the month of Ramadan (while fasting)." The Prophet (ﷺ) said to him, "Give in charity." He said, "I have nothing." The man sat down, and in the meantime there came a person driving a donkey carrying food to the Prophet (ﷺ) ..... (The sub-narrator, 'Abdur Rahman added: I do not know what kind of food it was). On that the Prophet (ﷺ) said, "Where is the burnt person?" The man said, "Here I am." The Prophet (ﷺ) said to him, "Take this (food) and give it in charity (to someone)." The man said, "To a poorer person than l? My family has nothing to eat." Then the Prophet (ﷺ) said to him, "Then eat it yourselves."
أتى رجل النبي صلى الله عليه وسلم في المسجد، قال : احترقت، قال : مم ذاك ؟ قال : وقعت بامرأتي في رمضان، قال له : تصدق ، قال : ما عندي شيء، فجلس، وأتاه إنسان يسوق حمارا ومعه طعام - قال عبد الرحمن : ما أدري ما هو - إلى النبي صلى الله عليه وسلم، فقال : أين المحترق ؟ فقال : ها أنا ذا، قال : خذ هذا فتصدق به ، قال : على أحوج مني، ما لأهلي طعام ؟ قال : فكلوهAbu 'Abd Allah said: The first hadith is clearer; his statement is:
Feed your family.
أطعم أهلكThe Shaykh : His statement: "clearer" means that in the first hadith, the aspects of the expiation were mentioned, so he said to him:
Do you find a slave to free?
هل تجد رقبة ؟Can you fast two consecutive months?
هل تسطيع صيام شهرين متتابعين ؟Feed sixty poor people.
أطعم ستين مسكيناGive charity.
تصدقThe point of these first and second narrations is that the Messenger (peace and blessings be upon him) did not rebuke him and did not punish him, but rather informed him of what is obligatory upon him regarding the right of Allah, which is the expiation. Is that clear?
And the expiation for one who has intercourse during the day of Ramadan is this, if he is: knowledgeable, mindful, and choosing. So if he has intercourse with these three conditions, he must free a slave. If he does not find one, he must fast two consecutive months. If he cannot do that, he must feed sixty poor people.
And is it permissible for him to have intercourse with her before the expiation?
Yes, it is permissible; he may have intercourse with her at night, unlike the one who has pronounced zihar, for the one who has pronounced zihar does not have intercourse until after the expiation, as in Surat al-Mujadilah.