Q: A woman in
Kuwait
said,
'My husband had sexual intercourse with me during the day in the month of Ramadan while I was menstruating and he was fasting. What is the ruling on this?'
A: This question is about two issues:
The first:
This husband had sexual intercourse with his wife during the day in the month of Ramadan.
The reply to this issue is:
It is obligatory for him (Part No. 10; Page No. 304) to make up for that day and expiate for it and repent to Allah (Glorified be He). He should make up for this day and expiate for it by freeing a slave, if this is not possible, he has to fast for two successive months, and if he is unable to fast, then he has to feed sixty needy people. The obligation of making up for this day is based on
the narration of
Ibn Majah with his Sanad (chain of narrators)
that the Prophet (peace be upon him) said to the Bedouin who had intercourse with his wife during the day in Ramadan:
Fast another day instead of it.
As for the obligation of expiation, it is based on the authentically reported Hadith from the Prophet (peace be upon him) as in the Sunan (Hadith compilations classified by jurisprudential themes) and other books of Hadiths:
The Prophet (peace be upon him) said to the Bedouin who had sexual intercourse with his wife during the day in Ramadan: Set a slave free. The man said: I can not. He (peace be upon him) said: Fast for two consecutive months. The man said: I can not. Then, the Prophet (peace be upon him) said: Provide food for sixty poor people...
As for the wife, nothing is incumbent upon her, for she does not fast during her menstruation period.
As for the second issue:
The husband had sexual intercourse with his wife during her menstruation period.
The reply to this is:
He has to expiate for this by giving a dinar or half a dinar in charity according to the Hadith reported by
Ibn `Abbas :
He should give a dinar or only half a dinar in charity
Narrated by
Ahmad,
Al-Tirmidhy, and
Abu Dawud
who said, 'This is the authentic narration." The dinar refers to a specific coin made of gold or the same value of silver. (Part No. 10; Page No. 305) Likewise, if the wife was willing to have intercourse during her menstruation period, then she also has to expiate for it and both have to repent to Allah (Glorified be He) for their misdeed of having sexual intercourse during her menstruation period.May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.