Sexual intercourse during the daytime in Ramadan

Q: It occurred that during one of the days of the blessed month of Ramadan, I was overwhelmed by desire and had sexual intercourse with my wife after Fajr (Dawn) Prayer? What is the ruling on this?


(Part No. 10; Page No. 302)  A: As for the questioner who said that he was so overwhelmed by his desire that he had sexual intercourse with his wife after Fajr Prayer in Ramadan, he is obliged to emancipate a believing slave, and if that is not possible, he must fast for two consecutive months. Again, if he is not able to fast, then he must feed sixty poor persons each a Mud (a dry measure of half bushel, 543 grams) of wheat as well as making up for that day. As for the woman, she also has to make a similar Kaffarah (expiation) if she was a consenting partner in the act of intercourse during the day in Ramadan. If, however, this took place against her will, she will not be obliged to make up for that day.The basic rule regarding the obligation of Kaffarah on an individual is what was narrated by Abu Hurayrah (may Allah be pleased with him) who said: While we were sitting with the Prophet (peace be upon him), a man came to him and said, "O, Prophet of Allah! I have been ruined." The Prophet (peace be upon him) inquired, "What has happened?" The man said, "I had sexual intercourse with my wife while I was fasting." The Prophet (peace be upon him) asked him, "Do you have a slave whom you can free?" The man said, "No." The Prophet asked, "Can you fast for two consecutive months?" The man said, "No." The Prophet asked, "Can you feed sixty poor people?" The man said, "No." So, the Prophet brought a basket of dates, and said, "Where is the man?" He replied, "I'm here." He said, "Take it and give it in charity." (Agreed upon by Al-Bukhari and Muslim) (Part No. 10; Page No. 303) As for the obligation of making up for the day in which the man had intercourse with his wife, this is based on the narration related by Abu Dawud and Ibn Majah which reads: and fast another day instead of it. Stipulating a Kaffarah and compensation on the part of a consenting wife is because she is a partner with the man in the act. However, she will not be liable to Kaffarah if this act occurs against her will. This is based on the general meaning of the Prophet's statement, My Ummah has been pardoned for what they do by mistake or forgetfully, or under duress. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.


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