The wife consented to intercourse during the day of Ramadan out of ignorance of the ruling
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Fatwa number ( 18165 )
Q1: I have learned a little about the expiation for breaking the fast, and I ask your Eminence for further knowledge about the expiation for breaking the fast due to intercourse during the day of Ramadan. I have learned from one of the scholars and through the newspaper Al-Muslimun that it is the freeing of a slave, and if one is unable, fasting for sixty days, and if one is unable, feeding sixty poor people. I ask your noble Eminence about the expiation for breaking the fast due to intercourse during the day of Ramadan , and I was unable to know the details of the expiation. I ask your Eminence for the answer, and may Allah reward you with good. Is feeding sixty poor people for the husband and sixty poor people for the wife, as applied to the husband? In that case, the total would be: one hundred and twenty poor people? Because the husband knew about breaking the fast, but desire overcame him. The wife did not know about breaking the fast, and she consented to her husband during the day of Ramadan with the consent of both parties.
A1: If a man has intercourse with his wife during the day of Ramadan, the expiation is obligatory upon both of them, unless the wife is coerced, in which case there is no expiation upon her. The expiation is: freeing a believing slave. If he does not find one, he must fast two consecutive months. If he is unable to do so, he must feed sixty poor people, giving each poor person half a sa' (a dry measure of about 3 kg) of the staple food of the land, such as rice, wheat, dates, or other, weighing approximately one and a half kilograms. It is also obligatory to repent to Allah the Exalted in this matter and to seek forgiveness for what occurred. The wife is not excused if she consented out of ignorance of the legal ruling, as long as she is in the lands of Islam; because such a ruling is not excused by ignorance due to its prevalence, fame, and the magnitude of its matter in the religion.
Q2: Is it obligatory to make up the fast in addition to the expiation?
A2: It is obligatory upon the husband and the wife, in addition to performing the expiation, to make up the fast that they broke due to intercourse during the day of Ramadan. If they broke the fast of one day, they make up one day in its place. If it was two days, they make up two days, and so on.
Q3: Is it possible to feed the fasting people, whether in Ramadan or outside of Ramadan, and is the expiation sufficient or not?
A3: The expiation for intercourse during the day of Ramadan is ordered as previously mentioned. One does not move to fasting, for example, until he is unable to free a slave, and one does not move to feeding until he is unable to fast. If he moves to feeding due to his inability to free a slave and fast – it is permissible for him, as you mentioned in your question, to feed
sixty fasting poor people and needy people with what fills them from the staple food of the land, once on his behalf and a second time on behalf of his wife. Or he may give to the sixty poor people sixty sa' (a dry measure of about 3 kg) on his behalf and on behalf of his wife, one sa' for each, weighing approximately three kilograms.
Q4: Is it permissible to pay a cash amount to one poor person instead of feeding sixty poor people , and if it is permissible, how much is the equivalent of feeding one poor person in Saudi Riyals?
A4: It is obligatory to pay the expiation as the texts have stated, and there is no paying cash in them. It is obligatory to comply according to the legal command. Al-Bukhari and Muslim narrated from Abu Hurayrah (may Allah be pleased with him), .
Q5: If the person who had intercourse with his wife during the day of Ramadan is poor and sick, unable to work due to illness, but he owns a simple house for him and his family to live in, praise be to Allah, and sometimes he does not have the food for himself and his family, and after all this, the person says: Praise be to Allah and thanks be to Allah. Therefore, he was unable to free a slave, and he was also unable to fast for sixty days, and he was also unable to feed sixty poor people. In that case, what does he do? Is there anything else he can do to clear his conscience before Allah the Exalted and Majestic? Please inform us, may Allah reward you
with good, and may Allah reward you with good, and may Allah do you good with abundant goodness.
A5: If the situation is as mentioned, that he is unable to perform the expiation, then it is dropped from him; because the Prophet (peace and blessings be upon him) did not order the one who was unable to perform the expiation for intercourse in Ramadan to make it up when he becomes able. Sincere repentance is sufficient in this case. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and his Companions.
Q1: I have learned a little about the expiation for breaking the fast, and I ask your Eminence for further knowledge about the expiation for breaking the fast due to intercourse during the day of Ramadan. I have learned from one of the scholars and through the newspaper Al-Muslimun that it is the freeing of a slave, and if one is unable, fasting for sixty days, and if one is unable, feeding sixty poor people. I ask your noble Eminence about the expiation for breaking the fast due to intercourse during the day of Ramadan , and I was unable to know the details of the expiation. I ask your Eminence for the answer, and may Allah reward you with good. Is feeding sixty poor people for the husband and sixty poor people for the wife, as applied to the husband? In that case, the total would be: one hundred and twenty poor people? Because the husband knew about breaking the fast, but desire overcame him. The wife did not know about breaking the fast, and she consented to her husband during the day of Ramadan with the consent of both parties.
A1: If a man has intercourse with his wife during the day of Ramadan, the expiation is obligatory upon both of them, unless the wife is coerced, in which case there is no expiation upon her. The expiation is: freeing a believing slave. If he does not find one, he must fast two consecutive months. If he is unable to do so, he must feed sixty poor people, giving each poor person half a sa' (a dry measure of about 3 kg) of the staple food of the land, such as rice, wheat, dates, or other, weighing approximately one and a half kilograms. It is also obligatory to repent to Allah the Exalted in this matter and to seek forgiveness for what occurred. The wife is not excused if she consented out of ignorance of the legal ruling, as long as she is in the lands of Islam; because such a ruling is not excused by ignorance due to its prevalence, fame, and the magnitude of its matter in the religion.
Q2: Is it obligatory to make up the fast in addition to the expiation?
A2: It is obligatory upon the husband and the wife, in addition to performing the expiation, to make up the fast that they broke due to intercourse during the day of Ramadan. If they broke the fast of one day, they make up one day in its place. If it was two days, they make up two days, and so on.
Q3: Is it possible to feed the fasting people, whether in Ramadan or outside of Ramadan, and is the expiation sufficient or not?
A3: The expiation for intercourse during the day of Ramadan is ordered as previously mentioned. One does not move to fasting, for example, until he is unable to free a slave, and one does not move to feeding until he is unable to fast. If he moves to feeding due to his inability to free a slave and fast – it is permissible for him, as you mentioned in your question, to feed
sixty fasting poor people and needy people with what fills them from the staple food of the land, once on his behalf and a second time on behalf of his wife. Or he may give to the sixty poor people sixty sa' (a dry measure of about 3 kg) on his behalf and on behalf of his wife, one sa' for each, weighing approximately three kilograms.
Q4: Is it permissible to pay a cash amount to one poor person instead of feeding sixty poor people , and if it is permissible, how much is the equivalent of feeding one poor person in Saudi Riyals?
A4: It is obligatory to pay the expiation as the texts have stated, and there is no paying cash in them. It is obligatory to comply according to the legal command. Al-Bukhari and Muslim narrated from Abu Hurayrah (may Allah be pleased with him),
A man had intercourse with his wife in Ramadan, so he sought a ruling from the Messenger of Allah (peace and blessings be upon him), who said: "Do you have a slave to free?" He said: "No." He said: "Can you fast for two months?" He said: "No." He said: "Then feed sixty poor people."
أن رجلاً وقع بامرأته في رمضان فاستفتى رسول الله صلى الله عليه وسلم فقال: هل تجد رقبة؟ قال: لا، قال: وهل تستطيع صيام شهرين؟ قال: لا، قال: فأطعم ستين مسكينًاQ5: If the person who had intercourse with his wife during the day of Ramadan is poor and sick, unable to work due to illness, but he owns a simple house for him and his family to live in, praise be to Allah, and sometimes he does not have the food for himself and his family, and after all this, the person says: Praise be to Allah and thanks be to Allah. Therefore, he was unable to free a slave, and he was also unable to fast for sixty days, and he was also unable to feed sixty poor people. In that case, what does he do? Is there anything else he can do to clear his conscience before Allah the Exalted and Majestic? Please inform us, may Allah reward you
with good, and may Allah reward you with good, and may Allah do you good with abundant goodness.
A5: If the situation is as mentioned, that he is unable to perform the expiation, then it is dropped from him; because the Prophet (peace and blessings be upon him) did not order the one who was unable to perform the expiation for intercourse in Ramadan to make it up when he becomes able. Sincere repentance is sufficient in this case. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.