Is embracing and kissing one's wife during the day of Ramadan with desire invalidating of the fast, or is it the opposite of ablution?
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The questioner : Is embracing and kissing one's wife during the day of Ramadan with desire invalidating of the fast, or is it the opposite of ablution? One of the preachers of the mosques here in Khobar has issued a ruling that embracing and kissing with desire during the day of Ramadan does not invalidate the fast at all. Please inform us. May Allah reward you with good.
The Shaykh : It appears from this question that one of the preachers was asked for a ruling and he issued it.
The questioner : Yes.
The Shaykh : If the questioner is the one who asked him and he ruled for him that embracing and kissing one's wife for desire does not break the fast, then he should not ask again, because when a man asks a scholar whom he trusts in his knowledge and religion and believes that what he says is the truth,
The questioner : Yes.
The Shaykh : it is not permissible for him to turn to someone else to seek a different opinion that contradicts it, because this is a form of playing with the religion of Allah (Glorified and Exalted is He) and His Shari'ah.
Yes, if he heard this preacher issuing a ruling to someone else, and he had not asked him, or if he said it in the sermon without asking him, there is no harm in asking about what he heard, because he did not ask for a ruling and did not commit to what this mufti said. So I advise this man and others among the people that if he asks a scholar whom he trusts in his knowledge and religion and believes that what he says in this issue is the truth, then he does not ask anyone else after that.
The questioner : Yes.
The Shaykh : And he acts according to what he was ruled, because it is the truth in his view, except if he heard, without asking for a ruling, a statement from someone that contradicts what he was ruled, and the one who made the contradictory statement provided evidence for it, then at that time there is no harm in asking him to discuss it, saying: "You mentioned such and such and provided evidence for it, and I was ruled with such and such, so what is your answer?" Because these issues are among the very important issues where we see some people asking several scholars, either to look for the easiest one closest to their desire, or to strike the opinions of the scholars against each other.
The questioner : Yes.
The Shaykh : And all of this is a form of playing.
The questioner : Yes.
The Shaykh : As for the original issue, which is kissing a woman while fasting and embracing her, if a person does not ejaculate because of it, his fast is valid, because it is established from the Prophet (peace and blessings be upon him) that 'Umar ibn Abi al-Salamah asked the Prophet (peace and blessings be upon him) about a man kissing his wife while fasting, and the Prophet (peace and blessings be upon him) said: meaning Umm Salamah.
The questioner : Yes.
The Shaykh : So she informed him that the Prophet (peace and blessings be upon him) used to do that, so he said: "O Messenger of Allah, Allah has forgiven you for what has passed of your sin and what will come." He said:.
The questioner : Yes.
The Shaykh : This indicates the permissibility of a man kissing his wife while fasting, and that there is no harm in it, because the Messenger (peace and blessings be upon him) did it, and he indicated the permissibility by ordering 'Umar ibn Abi al-Salamah to ask Umm Salamah (may Allah be pleased with her).
The questioner : Yes.
The Shaykh : But if he ejaculates because of it, then his fast is defective according to the majority of the scholars, for this reason they said that if a person thinks that he will ejaculate by kissing, kissing is forbidden, because the means have the rulings of the objectives.
The questioner : Yes.
The Shaykh : So if a person thinks that if he kisses his wife he will ejaculate because he is strong in desire and quick to ejaculate, it is forbidden for him to kiss. Yes.
The Shaykh : It appears from this question that one of the preachers was asked for a ruling and he issued it.
The questioner : Yes.
The Shaykh : If the questioner is the one who asked him and he ruled for him that embracing and kissing one's wife for desire does not break the fast, then he should not ask again, because when a man asks a scholar whom he trusts in his knowledge and religion and believes that what he says is the truth,
The questioner : Yes.
The Shaykh : it is not permissible for him to turn to someone else to seek a different opinion that contradicts it, because this is a form of playing with the religion of Allah (Glorified and Exalted is He) and His Shari'ah.
Yes, if he heard this preacher issuing a ruling to someone else, and he had not asked him, or if he said it in the sermon without asking him, there is no harm in asking about what he heard, because he did not ask for a ruling and did not commit to what this mufti said. So I advise this man and others among the people that if he asks a scholar whom he trusts in his knowledge and religion and believes that what he says in this issue is the truth, then he does not ask anyone else after that.
The questioner : Yes.
The Shaykh : And he acts according to what he was ruled, because it is the truth in his view, except if he heard, without asking for a ruling, a statement from someone that contradicts what he was ruled, and the one who made the contradictory statement provided evidence for it, then at that time there is no harm in asking him to discuss it, saying: "You mentioned such and such and provided evidence for it, and I was ruled with such and such, so what is your answer?" Because these issues are among the very important issues where we see some people asking several scholars, either to look for the easiest one closest to their desire, or to strike the opinions of the scholars against each other.
The questioner : Yes.
The Shaykh : And all of this is a form of playing.
The questioner : Yes.
The Shaykh : As for the original issue, which is kissing a woman while fasting and embracing her, if a person does not ejaculate because of it, his fast is valid, because it is established from the Prophet (peace and blessings be upon him) that 'Umar ibn Abi al-Salamah asked the Prophet (peace and blessings be upon him) about a man kissing his wife while fasting, and the Prophet (peace and blessings be upon him) said:
Ask this
سل هذهThe questioner : Yes.
The Shaykh : So she informed him that the Prophet (peace and blessings be upon him) used to do that, so he said: "O Messenger of Allah, Allah has forgiven you for what has passed of your sin and what will come." He said:
I hope that I am the most righteous of you to Allah and the most fearful of Him
إني لأرجو أن أكون أتقاكم لله وأخشاكم لهThe questioner : Yes.
The Shaykh : This indicates the permissibility of a man kissing his wife while fasting, and that there is no harm in it, because the Messenger (peace and blessings be upon him) did it, and he indicated the permissibility by ordering 'Umar ibn Abi al-Salamah to ask Umm Salamah (may Allah be pleased with her).
The questioner : Yes.
The Shaykh : But if he ejaculates because of it, then his fast is defective according to the majority of the scholars, for this reason they said that if a person thinks that he will ejaculate by kissing, kissing is forbidden, because the means have the rulings of the objectives.
The questioner : Yes.
The Shaykh : So if a person thinks that if he kisses his wife he will ejaculate because he is strong in desire and quick to ejaculate, it is forbidden for him to kiss. Yes.