Ruling on one who had intercourse during the day in Ramadan repeatedly and forgot the number of days
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Question:
The first message in this episode is from one of our brother listeners, who indicated his name with the letters (B. T. T). Our brother has two questions:
The first question says: I got married seven years ago, in the last days of Sha'ban. I had intercourse with my wife on some days of Ramadan due to my ignorance at that time, and from Satan, may Allah curse him. Fasting is difficult for me because I do not know the number of days, and so is freeing a slave. Is it permissible for me to buy bags of rice and give them to one of the charitable organizations as charity? As I said, I do not know the days on which the intercourse took place. Is what I mentioned to you correct and counts as expiation, or do you direct me with another direction?
May Allah reward you with good.
Answer:
In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, and may Allah send prayers and blessings upon the Messenger of Allah, and upon his family and his Companions, and upon those who follow his guidance. As for what follows:
There is no doubt that it is forbidden for a believer to have intercourse in Ramadan during the day of Ramadan. Rather, he must refrain from it; because intercourse is one of the things that break the fast. Just as he does not eat or drink, so he does not have intercourse. If that happens to him, three things become obligatory upon him:
One of them is: repentance to Allah ; because that is a sin, and repentance is obligatory from every sin.
The second matter is: making up the day on which the intercourse took place.
The third matter is: the expiation. The expiation is ordered. The first is: freeing a believing slave. If he cannot do that, he fasts two consecutive months. If he cannot do that, he feeds sixty poor people, each poor person receiving half a sa' (a dry measure of about 3 kg) of the staple food of the land, whether dates, rice, or something else.
This is what is obligatory upon one who has intercourse with his wife during the day of Ramadan. Fasting is obligatory upon him, and likewise upon her. As for if he has intercourse with her while traveling, it is known that the traveler is permitted to break his fast through intercourse and other things. But if he has intercourse with her while they are residents, fasting is obligatory upon both of them. Then these three things become obligatory upon him: repentance, making up the day, and the expiation. She is like him if she was willing. But if he forced her with force and severity, and she could not escape from him, rather he compelled her, then there is nothing upon her, and the expiation is upon him only.
And if both of them are unable to free a slave, and unable to fast, then feeding sixty poor people suffices them: thirty sa' (a dry measure of about 3 kg), each sa' divided between two people, of the staple food of the land, whether dates, wheat, or rice. It is necessary to distribute it among the sixty. If the charitable organization commits to that and distributes it among sixty poor people, there is no harm if he is reassured by them and trusts those in charge of it, and that they distribute what he gives them among sixty poor people. There is no harm if he is unable to free a slave and fast. The woman is like him as mentioned before.
And if you do not keep track of the days, you must investigate. Investigation and estimation. If you estimate that it was five, you fast five. If you estimate that it was six, you fast six. And so on, you act with precaution and the predominant estimate. And that is sufficient [Al-Taghabun: 16].
And if the one who had intercourse was ignorant or forgetful, this is a matter of consideration. As for ignorance, what is appropriate is not to consider it; because the matter is clear among the Muslims, and it is not a hidden matter. Muslims know that the one who is fasting does not have intercourse with his family in Ramadan. It is appropriate not to cling to ignorance, and not to excuse oneself with ignorance. Rather, you must do what we mentioned.
As for forgetfulness, the correct view is that he is excused if a person forgets; because forgetfulness is not by choice, but rather a matter that happens to a person and overcomes him, and it is not by his choice. And he (peace and blessings be upon him) said:Sahih Muslim 1155 agreed upon by al-Bukhari and Muslim, and al-Hakim and a group narrated it with the wording: Bulugh al-Maram 5:21 So the forgetful one is excused on the correct view if he is truthful in being forgetful; because forgetfulness is not in the choice of a person [Al-Baqarah: 286]. Yes.
The presenter: May Allah reward you with good.
The first message in this episode is from one of our brother listeners, who indicated his name with the letters (B. T. T). Our brother has two questions:
The first question says: I got married seven years ago, in the last days of Sha'ban. I had intercourse with my wife on some days of Ramadan due to my ignorance at that time, and from Satan, may Allah curse him. Fasting is difficult for me because I do not know the number of days, and so is freeing a slave. Is it permissible for me to buy bags of rice and give them to one of the charitable organizations as charity? As I said, I do not know the days on which the intercourse took place. Is what I mentioned to you correct and counts as expiation, or do you direct me with another direction?
May Allah reward you with good.
Answer:
In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, and may Allah send prayers and blessings upon the Messenger of Allah, and upon his family and his Companions, and upon those who follow his guidance. As for what follows:
There is no doubt that it is forbidden for a believer to have intercourse in Ramadan during the day of Ramadan. Rather, he must refrain from it; because intercourse is one of the things that break the fast. Just as he does not eat or drink, so he does not have intercourse. If that happens to him, three things become obligatory upon him:
One of them is: repentance to Allah ; because that is a sin, and repentance is obligatory from every sin.
The second matter is: making up the day on which the intercourse took place.
The third matter is: the expiation. The expiation is ordered. The first is: freeing a believing slave. If he cannot do that, he fasts two consecutive months. If he cannot do that, he feeds sixty poor people, each poor person receiving half a sa' (a dry measure of about 3 kg) of the staple food of the land, whether dates, rice, or something else.
This is what is obligatory upon one who has intercourse with his wife during the day of Ramadan. Fasting is obligatory upon him, and likewise upon her. As for if he has intercourse with her while traveling, it is known that the traveler is permitted to break his fast through intercourse and other things. But if he has intercourse with her while they are residents, fasting is obligatory upon both of them. Then these three things become obligatory upon him: repentance, making up the day, and the expiation. She is like him if she was willing. But if he forced her with force and severity, and she could not escape from him, rather he compelled her, then there is nothing upon her, and the expiation is upon him only.
And if both of them are unable to free a slave, and unable to fast, then feeding sixty poor people suffices them: thirty sa' (a dry measure of about 3 kg), each sa' divided between two people, of the staple food of the land, whether dates, wheat, or rice. It is necessary to distribute it among the sixty. If the charitable organization commits to that and distributes it among sixty poor people, there is no harm if he is reassured by them and trusts those in charge of it, and that they distribute what he gives them among sixty poor people. There is no harm if he is unable to free a slave and fast. The woman is like him as mentioned before.
And if you do not keep track of the days, you must investigate. Investigation and estimation. If you estimate that it was five, you fast five. If you estimate that it was six, you fast six. And so on, you act with precaution and the predominant estimate. And that is sufficient
So fear Allah as much as you are able
فَاتَّقُوا اللَّهَ مَا اسْتَطَعْتُمْAnd if the one who had intercourse was ignorant or forgetful, this is a matter of consideration. As for ignorance, what is appropriate is not to consider it; because the matter is clear among the Muslims, and it is not a hidden matter. Muslims know that the one who is fasting does not have intercourse with his family in Ramadan. It is appropriate not to cling to ignorance, and not to excuse oneself with ignorance. Rather, you must do what we mentioned.
As for forgetfulness, the correct view is that he is excused if a person forgets; because forgetfulness is not by choice, but rather a matter that happens to a person and overcomes him, and it is not by his choice. And he (peace and blessings be upon him) said:
If anyone forgets that he is fasting and eats or drinks he should complete his fast, for it is only Allah Who has fed him and given him drink.
من نسي وهو صائم فأكل أو شرب فليتم صومه، فإنما أطعمه الله وسقاهWhoever breaks his fast during Ramadan due to forgetfulness is not to make up for the day later or perform an expiation.
من أفطر في رمضان ناسيًا فلا قضاء عليه ولا كفارةOur Lord, do not impose blame upon us if we have forgotten or erred.
رَبَّنَا لا تُؤَاخِذْنَا إِنْ نَسِينَا أَوْ أَخْطَأْنَاThe presenter: May Allah reward you with good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.