The ruling on a woman whose husband has intercourse with her during the day in Ramadan while she is coerced
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Question:
Two letters—Shaykh: Abdul Aziz—the first is from a listening sister who named herself "The Confused One" (F. M. B. G), and the second is from Riyadh (A. M. T). The sisters are asking about marital intercourse in Ramadan, especially if the wife is coerced. The letters are very long, Shaykh Abdul Aziz. Perhaps what you have said provides clarification?
Answer:
It is obligatory for the believing man and woman to respect the commands and prohibitions of Allah, in Ramadan and in other times. It is not permissible for a believer to violate the sanctity of Ramadan or any sanctity that Allah has made forbidden. Rather, it is obligatory for the Muslim, and for every Muslim woman, to adhere to the law of Allah and to beware of the prohibitions of Allah.
Allah has forbidden Muslims from engaging in intercourse in Ramadan, during the day in Ramadan while fasting. So the husband must not have intercourse with his wife, neither with her consent nor by coercion, during the day in Ramadan. And she must not obey him in that; rather, she must refrain with the utmost refraining, and not allow him to do it, whether she is angry or pleased. And he must refrain from it, and he must not proceed with it, because it is forbidden for both of them. And in the night there is sufficiency, and praise be to Allah. He forbade it in the day and permitted it in the night, so in the night there is sufficiency, and praise be to Allah.
And if they do that, and they intend it, it is obligatory for them to repent, and it is obligatory for them to pay the expiation along with making up the day. If he has intercourse with her in Ramadan, it is obligatory for him to make up the day, and he has committed a great and major sin, one of the major sins. And if she is willing, she shares in the sin and the transgression with him. And both of them must repent, and make up the day in which they committed the indecency... the transgression. And they must abstain; they do not eat or drink, they abstain, because the time is respected. It is obligatory to abstain along with making up the day, along with sincere repentance for what they fell into, and the resolve that they will not do that in the future.
And they must pay the expiation, which is: freeing a believing slave for each of them. If they are unable to do so, then fasting two consecutive months for each of them. If they are unable to do that, then feeding sixty poor people for each of them, thirty sa' (a dry measure of about 3 kg), for sixty poor people, each poor person gets half a sa', one and a half kilograms of dates or rice, for each of them, meaning: sixty sa' for two people.
The presenter: Is this if they are unable to fast?
The Shaykh: If they are unable to fast and free a slave. And they must repent sincerely for what they did. And if he coerced her with coercion that leaves no doubt, by force and beating or by chains, then the sin is on him and nothing is on her... and he is the one who must pay the expiation, because he is the wrongdoer. But if she was lenient with him, then both of them must pay the expiation, and make up the fast, and repent to Allah (Glorified and Exalted is He), with sincere repentance that they will not do this in the future, along with making up the day and abstaining, abstaining on the day in which they committed the wrong, and making it up after that. And Allah is the Helper.
The presenter: Allah is the Helper. The reality is—Your Eminence—each of them mentions that she was coerced, but you mention that coercion must be by way of beating or by way of chains or the like.
The Shaykh: Meaning the real thing, real coercion.
The presenter: If the coercion does not reach this level?
The Shaykh: The mere fact that she disliked it and then consented does not make her coerced, yes. It is obligatory for her to refuse him with complete refusal. Yes.
The presenter: May Allah reward you. So in this case, is the expiation necessary?
The Shaykh: Yes... yes, unless he coerced her with compulsory coercion and she had no way to resist, and Allah knows from her that she had no way to resist.
The presenter: May Allah reward you with good.
Two letters—Shaykh: Abdul Aziz—the first is from a listening sister who named herself "The Confused One" (F. M. B. G), and the second is from Riyadh (A. M. T). The sisters are asking about marital intercourse in Ramadan, especially if the wife is coerced. The letters are very long, Shaykh Abdul Aziz. Perhaps what you have said provides clarification?
Answer:
It is obligatory for the believing man and woman to respect the commands and prohibitions of Allah, in Ramadan and in other times. It is not permissible for a believer to violate the sanctity of Ramadan or any sanctity that Allah has made forbidden. Rather, it is obligatory for the Muslim, and for every Muslim woman, to adhere to the law of Allah and to beware of the prohibitions of Allah.
Allah has forbidden Muslims from engaging in intercourse in Ramadan, during the day in Ramadan while fasting. So the husband must not have intercourse with his wife, neither with her consent nor by coercion, during the day in Ramadan. And she must not obey him in that; rather, she must refrain with the utmost refraining, and not allow him to do it, whether she is angry or pleased. And he must refrain from it, and he must not proceed with it, because it is forbidden for both of them. And in the night there is sufficiency, and praise be to Allah. He forbade it in the day and permitted it in the night, so in the night there is sufficiency, and praise be to Allah.
And if they do that, and they intend it, it is obligatory for them to repent, and it is obligatory for them to pay the expiation along with making up the day. If he has intercourse with her in Ramadan, it is obligatory for him to make up the day, and he has committed a great and major sin, one of the major sins. And if she is willing, she shares in the sin and the transgression with him. And both of them must repent, and make up the day in which they committed the indecency... the transgression. And they must abstain; they do not eat or drink, they abstain, because the time is respected. It is obligatory to abstain along with making up the day, along with sincere repentance for what they fell into, and the resolve that they will not do that in the future.
And they must pay the expiation, which is: freeing a believing slave for each of them. If they are unable to do so, then fasting two consecutive months for each of them. If they are unable to do that, then feeding sixty poor people for each of them, thirty sa' (a dry measure of about 3 kg), for sixty poor people, each poor person gets half a sa', one and a half kilograms of dates or rice, for each of them, meaning: sixty sa' for two people.
The presenter: Is this if they are unable to fast?
The Shaykh: If they are unable to fast and free a slave. And they must repent sincerely for what they did. And if he coerced her with coercion that leaves no doubt, by force and beating or by chains, then the sin is on him and nothing is on her... and he is the one who must pay the expiation, because he is the wrongdoer. But if she was lenient with him, then both of them must pay the expiation, and make up the fast, and repent to Allah (Glorified and Exalted is He), with sincere repentance that they will not do this in the future, along with making up the day and abstaining, abstaining on the day in which they committed the wrong, and making it up after that. And Allah is the Helper.
The presenter: Allah is the Helper. The reality is—Your Eminence—each of them mentions that she was coerced, but you mention that coercion must be by way of beating or by way of chains or the like.
The Shaykh: Meaning the real thing, real coercion.
The presenter: If the coercion does not reach this level?
The Shaykh: The mere fact that she disliked it and then consented does not make her coerced, yes. It is obligatory for her to refuse him with complete refusal. Yes.
The presenter: May Allah reward you. So in this case, is the expiation necessary?
The Shaykh: Yes... yes, unless he coerced her with compulsory coercion and she had no way to resist, and Allah knows from her that she had no way to resist.
The presenter: May Allah reward you with good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.