The ruling on one who has intercourse with his wife during the day in Ramadan
Machine translationRead the Arabic original
Question:
The questioner says, O Shaykh: I want to know the ruling of the Shari'ah in your view regarding a man who had intercourse with his wife in Ramadan without her consent, and she was averse to it.
The questioner says: I was almost asleep when I heard the sound of the mosque for the prayer. What happened shortly after I heard the sound of the mosque was that my husband also did not know whether he was aware of the adhan or not? I believe he was asleep. So what should I do? And do I owe an expiation while I was averse to what happened? I used to fear falling into this, and I considered it unlikely if I read the ruling on it in the books. Does my husband owe an expiation?
I have children, and I perform their duties and their affairs and my husband's affairs. So fasting—O Shaykh—might be a burden on me for two months, with the housework and the children's problems. And is the fasting of the two months consecutive or not? May you be rewarded.
Answer:
You both must repent to Allah first, feel remorse, abandon this sin, and not return to it; because this is a great evil. Intercourse in Ramadan is a great evil, and it is among the major sins. So it is obligatory to be cautious of that, and to repent to Allah for what happened. You and your husband both must repent to Allah, and you both owe an expiation, which is: freeing a slave. But slaves are not available now. So if he cannot free a slave, then fasting two consecutive months—sixty days—is necessary. If you are unable to fast, then feeding sixty poor people. The one who cannot fast feeds sixty poor people. You and your husband, sixty poor people; each poor person gets one and a half kilograms, ninety kilograms in total. Each one gets one and a half kilograms of the staple food of the country: from dates or rice or wheat. This is what is obligatory on the one who had intercourse with his wife, on the husband and on the wife.
And the fact that you are averse to it does not drop the expiation from you. It is obligatory to prevent it. It is obligatory to prevent it by force, and not to allow him. If he overpowered you by force and beating, you are excused. But mere aversion alone is not sufficient. You both owe the expiation, and you both must repent to Allah, and make up the day. And we ask Allah for guidance for everyone.
The presenter: May Allah reward you. Is the choice of the two months—O Shaykh—or fasting, is she given the choice in that?
The Shaykh: The order is that the one who is unable to fast moves to feeding. And the one who is able to fast fasts two consecutive months—sixty days. If he is unable, unable because she is breastfeeding, or because of her many chores, or because of illness, he moves to feeding. And likewise the man, if it is difficult for him due to work he does, or illness, or something similar; he moves to feeding. Yes.
The presenter: May Allah reward you and bless you, may the Shaykh be respected.
The questioner says, O Shaykh: I want to know the ruling of the Shari'ah in your view regarding a man who had intercourse with his wife in Ramadan without her consent, and she was averse to it.
The questioner says: I was almost asleep when I heard the sound of the mosque for the prayer. What happened shortly after I heard the sound of the mosque was that my husband also did not know whether he was aware of the adhan or not? I believe he was asleep. So what should I do? And do I owe an expiation while I was averse to what happened? I used to fear falling into this, and I considered it unlikely if I read the ruling on it in the books. Does my husband owe an expiation?
I have children, and I perform their duties and their affairs and my husband's affairs. So fasting—O Shaykh—might be a burden on me for two months, with the housework and the children's problems. And is the fasting of the two months consecutive or not? May you be rewarded.
Answer:
You both must repent to Allah first, feel remorse, abandon this sin, and not return to it; because this is a great evil. Intercourse in Ramadan is a great evil, and it is among the major sins. So it is obligatory to be cautious of that, and to repent to Allah for what happened. You and your husband both must repent to Allah, and you both owe an expiation, which is: freeing a slave. But slaves are not available now. So if he cannot free a slave, then fasting two consecutive months—sixty days—is necessary. If you are unable to fast, then feeding sixty poor people. The one who cannot fast feeds sixty poor people. You and your husband, sixty poor people; each poor person gets one and a half kilograms, ninety kilograms in total. Each one gets one and a half kilograms of the staple food of the country: from dates or rice or wheat. This is what is obligatory on the one who had intercourse with his wife, on the husband and on the wife.
And the fact that you are averse to it does not drop the expiation from you. It is obligatory to prevent it. It is obligatory to prevent it by force, and not to allow him. If he overpowered you by force and beating, you are excused. But mere aversion alone is not sufficient. You both owe the expiation, and you both must repent to Allah, and make up the day. And we ask Allah for guidance for everyone.
The presenter: May Allah reward you. Is the choice of the two months—O Shaykh—or fasting, is she given the choice in that?
The Shaykh: The order is that the one who is unable to fast moves to feeding. And the one who is able to fast fasts two consecutive months—sixty days. If he is unable, unable because she is breastfeeding, or because of her many chores, or because of illness, he moves to feeding. And likewise the man, if it is difficult for him due to work he does, or illness, or something similar; he moves to feeding. Yes.
The presenter: May Allah reward you and bless you, may the Shaykh be respected.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.