The one coerced into intercourse during Hajj: What is the stronger opinion? Does she owe a fidyah?
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The questioner : The second opinion in ...?
The Shaykh : Yes, the second opinion is that the coerced woman owes a fidyah, and it falls upon the husband.
The questioner : What is the correct opinion, O Shaykh?
The Shaykh : The correct opinion is that the coerced woman owes nothing.
The questioner : If the husband coerced her and had intercourse with her during Hajj, but after the initial contact, meaning the coercion ceased between her and herself?
The Shaykh : How is that?
The questioner : I mean after he had intercourse with her.
The Shaykh : After he had intercourse with her, she said, "Do you think I consented?"
The questioner : During the intercourse.
The Shaykh : This is inevitable; she was forced.
The questioner : What is the criterion?
The Shaykh: The criterion is that if he coerced her, held her, and penetrated her, then she owes the fidyah. But if, after he had begun the intercourse, during the act, she took pleasure and felt at ease with it, that is natural!
The Shaykh : Yes, the second opinion is that the coerced woman owes a fidyah, and it falls upon the husband.
The questioner : What is the correct opinion, O Shaykh?
The Shaykh : The correct opinion is that the coerced woman owes nothing.
The questioner : If the husband coerced her and had intercourse with her during Hajj, but after the initial contact, meaning the coercion ceased between her and herself?
The Shaykh : How is that?
The questioner : I mean after he had intercourse with her.
The Shaykh : After he had intercourse with her, she said, "Do you think I consented?"
The questioner : During the intercourse.
The Shaykh : This is inevitable; she was forced.
The questioner : What is the criterion?
The Shaykh: The criterion is that if he coerced her, held her, and penetrated her, then she owes the fidyah. But if, after he had begun the intercourse, during the act, she took pleasure and felt at ease with it, that is natural!