Ruling on one who has intercourse at the end of the night while doubting the dawn
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This is a letter sent by the sender (A.A.A) from Riyadh. He says: For a long time, not less than ten years, after we had our pre-dawn meal, I had intercourse with my wife, and I do not know whether the dawn had appeared or not, as its appearance was not clear. Now I am in a state of confusion about what to do. Does the expiation apply to the man or the woman?
Answer: If the intercourse took place at the end of the night and one was not certain that the dawn had appeared, then there is nothing upon the husband or the wife, neither making up the fast nor an expiation. If they did not verify the appearance of the dawn, the original state is the continuation of the night and the non-obligation of expiation; this is the original state, and the non-obligation of making up the fast. If the intercourse occurred at the end of the night and then doubt arose afterward as to whether the dawn had appeared or not, then there is no making up the fast nor an expiation upon them; rather, their fast is valid and there is nothing upon them. This is because the original state is the continuation of the night, and the original state is the innocence of the conscience from expiations and making up fasts. If they know—if the man or the woman knows with certainty that they coincided with the morning and that the intercourse occurred after the morning and after the dawn with certainty—if they know this with certainty, then the expiation is upon them, and making up that day is upon them. If they know with certainty that the intercourse coincided with the day, then making up that day is upon them, and the expiation is also upon them. The expiation is: freeing a slave. If they do not find one, then fasting two consecutive months. If they are unable to do so, then feeding sixty poor people. Each one is responsible for this. It is upon her to free a slave, and he is the same. If they are unable, then fasting two consecutive months is upon each of them. If they are unable, they feed sixty poor people on account of that. Sixty poor people for her and sixty poor people for him. That means: sixty sa' (a dry measure of about 3 kg) for each poor person, half of it from her and half from him, if she was willing and was not forced or coerced. Yes.
Answer: If the intercourse took place at the end of the night and one was not certain that the dawn had appeared, then there is nothing upon the husband or the wife, neither making up the fast nor an expiation. If they did not verify the appearance of the dawn, the original state is the continuation of the night and the non-obligation of expiation; this is the original state, and the non-obligation of making up the fast. If the intercourse occurred at the end of the night and then doubt arose afterward as to whether the dawn had appeared or not, then there is no making up the fast nor an expiation upon them; rather, their fast is valid and there is nothing upon them. This is because the original state is the continuation of the night, and the original state is the innocence of the conscience from expiations and making up fasts. If they know—if the man or the woman knows with certainty that they coincided with the morning and that the intercourse occurred after the morning and after the dawn with certainty—if they know this with certainty, then the expiation is upon them, and making up that day is upon them. If they know with certainty that the intercourse coincided with the day, then making up that day is upon them, and the expiation is also upon them. The expiation is: freeing a slave. If they do not find one, then fasting two consecutive months. If they are unable to do so, then feeding sixty poor people. Each one is responsible for this. It is upon her to free a slave, and he is the same. If they are unable, then fasting two consecutive months is upon each of them. If they are unable, they feed sixty poor people on account of that. Sixty poor people for her and sixty poor people for him. That means: sixty sa' (a dry measure of about 3 kg) for each poor person, half of it from her and half from him, if she was willing and was not forced or coerced. Yes.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.