If one waives the blood money for his father, is that sufficient as expiation for intercourse during the day in Ramadan?
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Fatwa number ( 15685 )
Q: I married a woman other than the one I am living with now. The marriage took place close to Ramadan, and at the time of that marriage I was still young and an adolescent. In that noble month, I committed the act with the former wife for two days in that noble month. Afterwards, I regretted it, repented to Allah, and completed my fasting. This was approximately ten years before the current year. This matter still turns in my mind, especially after I learned about the expiation. After that year, my father (may Allah have mercy on him) passed away in Ramadan, three or four years after that. The death was due to a car accident. I waived the claim against the person responsible because he
was driving his car, and my father (may Allah have mercy on him) was walking on the side of the road. Does my waiver count as an expiation for me because I waived it for the sake of Allah, or what will expiate me for this mistake I committed? May Allah reward you with the best reward, and may Allah support Islam and the Muslims through you.
A: If the matter is as you described, then it is obligatory for each of you to perform the expiation for intercourse during the day in Ramadan. This is freeing a believing slave. Whoever cannot find one must fast two consecutive months. Whoever cannot do that must feed sixty poor people, giving each poor person a mudd of wheat or half a sa' of other food. This is for the first day, and likewise for the second day. Additionally, it is obligatory for each of you to make up the two days and feed two poor people for delaying the make-up until another Ramadan caught up with you and you had not made them up. It is also obligatory for each of you to repent and seek forgiveness. As for your waiver of the blood money for your deceased father in the car accident, it is not sufficient and is not considered an expiation for intercourse during the day in Ramadan. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
The second question from Fatwa number ( 16471 )
Q2: A friend of my father informed me a few days ago that my father had intercourse
with his wife on one of the days of the blessed month of Ramadan during the daytime. My father informed him that he fed sixty poor people , knowing that my father feared Allah and was known for his uprightness in his worldly affairs. Knowing that we are unable to free a slave, but we are able to fast two consecutive months on his behalf, is it permissible for me personally to fast on his behalf? Knowing that my brothers are able to fast, but I wish to fast on his behalf.
A2: Whoever has intercourse with his wife during the day in Ramadan, an expiation is obligatory for each of them. It is: freeing a slave. If he cannot find one, then fasting two consecutive months. If he cannot do that, then feeding sixty poor people, giving each poor person one and a half kilograms of the local staple food. If the situation is as you described, that your father performed the expiation by feeding sixty poor people, then he has fulfilled what is obligatory upon him regarding the expiation. And you must make up that day on behalf of your father, due to the generality of the saying of the Prophet (peace and blessings be upon him):Sahih Muslim 1147 . And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: I married a woman other than the one I am living with now. The marriage took place close to Ramadan, and at the time of that marriage I was still young and an adolescent. In that noble month, I committed the act with the former wife for two days in that noble month. Afterwards, I regretted it, repented to Allah, and completed my fasting. This was approximately ten years before the current year. This matter still turns in my mind, especially after I learned about the expiation. After that year, my father (may Allah have mercy on him) passed away in Ramadan, three or four years after that. The death was due to a car accident. I waived the claim against the person responsible because he
was driving his car, and my father (may Allah have mercy on him) was walking on the side of the road. Does my waiver count as an expiation for me because I waived it for the sake of Allah, or what will expiate me for this mistake I committed? May Allah reward you with the best reward, and may Allah support Islam and the Muslims through you.
A: If the matter is as you described, then it is obligatory for each of you to perform the expiation for intercourse during the day in Ramadan. This is freeing a believing slave. Whoever cannot find one must fast two consecutive months. Whoever cannot do that must feed sixty poor people, giving each poor person a mudd of wheat or half a sa' of other food. This is for the first day, and likewise for the second day. Additionally, it is obligatory for each of you to make up the two days and feed two poor people for delaying the make-up until another Ramadan caught up with you and you had not made them up. It is also obligatory for each of you to repent and seek forgiveness. As for your waiver of the blood money for your deceased father in the car accident, it is not sufficient and is not considered an expiation for intercourse during the day in Ramadan. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
The second question from Fatwa number ( 16471 )
Q2: A friend of my father informed me a few days ago that my father had intercourse
with his wife on one of the days of the blessed month of Ramadan during the daytime. My father informed him that he fed sixty poor people , knowing that my father feared Allah and was known for his uprightness in his worldly affairs. Knowing that we are unable to free a slave, but we are able to fast two consecutive months on his behalf, is it permissible for me personally to fast on his behalf? Knowing that my brothers are able to fast, but I wish to fast on his behalf.
A2: Whoever has intercourse with his wife during the day in Ramadan, an expiation is obligatory for each of them. It is: freeing a slave. If he cannot find one, then fasting two consecutive months. If he cannot do that, then feeding sixty poor people, giving each poor person one and a half kilograms of the local staple food. If the situation is as you described, that your father performed the expiation by feeding sixty poor people, then he has fulfilled what is obligatory upon him regarding the expiation. And you must make up that day on behalf of your father, due to the generality of the saying of the Prophet (peace and blessings be upon him):
'A'isha (Allah be pleased with her) reported Allah's Messenger (ﷺ) as saying: If anyone dies in a state (that he had to complete) some fasts, his heir must fast on his behalf.
من مات وعليه صيام صام عنه وليه
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.