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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The ruling on one who was unaware of the permissibility of delaying the ghusl for janabah until after Fajr

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Question:
A man had intercourse with his wife on the night of Ramadan, and they slept without performing ghusl, claiming that they would perform that ghusl at the time of suhur. However, they slept and did not wake up until around eight in the morning. They said, "We have broken our fast, and we must make up the fast, and our fasting is invalid." So they got up and had intercourse on that day, claiming that they had broken their fast, as they did not know the ruling regarding one who is in a state of janabah during the day of Ramadan, nor did they know about the expiation for that, and they only knew about making up that day. Now, he has learned about the expiation and that day, and this situation has been going on for nearly nine years. What is the ruling for them? May Allah reward you with good.

Answer:
These are the results of ignorance. These things are the result of ignorance, not asking, not attending gatherings of knowledge, and not benefiting from the circles of knowledge and the knowledge that is broadcast.
Many people care only about their bellies, their desires, and their ordinary needs; they do not care about their religion. They do not ask or look into what is obligatory for the fasting person? What is forbidden for the fasting person? What is obligatory for the one who prays? What is obligatory for the one who pays zakah? What is obligatory for the pilgrim? What is obligatory regarding his family and neighbors? It is turning away and heedlessness until one falls into prohibitions.
The fasting person may wake up in a state of janabah and then perform ghusl; that does not harm him. So if he has intercourse at night and then wakes up and performs ghusl after Fajr, there is no blame on him. In the two Sahihs, it is narrated from Aisha (may Allah be pleased with her) that she said: The Prophet (peace and blessings be upon him) would wake up in a state of janabah from intercourse, then perform ghusl and fast, peace and blessings be upon him. And Umm Salama said the same: He would wake up in a state of janabah from intercourse, then perform ghusl and fast, and he would not make up the fast, peace and blessings be upon him.
So there is nothing wrong with a person having intercourse at the end of the night, then eating suhur, and then performing ghusl after the adhan of Fajr; there is no blame in that.
When these two woke up at eight o'clock, it was obligatory for them to perform ghusl and make up the Fajr prayer, and their fasting is valid because they woke up fasting with the intention of fasting. So they must perform ghusl and pray the Fajr prayer, and that is sufficient.
As for their intercourse after this, it is abominable. The fasting person must abstain, even if he did not wake up until Dhuhr, he must abstain. He is fasting; he woke up fasting with the intention. So they must pay the expiation, which is freeing a believing slave. If they are unable to do so, they must fast two consecutive months, each one fasting two consecutive months. If they are unable to do so, they must feed sixty poor people, each one owing thirty sa' (a dry measure of about 3 kg), so they owe sixty sa' in total, sixty poor people, each poor person receiving one sa', half from the man and half from the woman, of dates, or barley, or wheat, or rice, as food, not money, along with sincere repentance, turning back to Allah, much seeking of forgiveness, and caution in the future, along with making up the day.
Source binbaz.org.sa

The Arabic text is copied verbatim from the original source, without any edits.

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