Wednesday, July 2, 2014

EXPIATION FOR ONE WHO HAD INTERCOURSE WITH HIS WIFE DURING THE DAY IN RAMADAN

Imam Bukhaari (rahimahullaah) said: [Chapter: Can a person who has had sexual intercourse (with his wife) in Ramadan feed his family from things given as expiation of his sin if they are needy?]

Narrated Abu Hurairah (radiallaahu anhu):


A man came to the Prophet (sallallaahu alayhi wa sallam) and said: “I had sexual intercourse with my wife in Ramadan [while observing fasting].” The Prophet (sallallaahu alayhi wa sallam) asked him: “Can you afford manumit a slave?” He replied in the negative. The Prophet (sallallaahu alayhi wa sallam) asked him: “Can you observe fast for two successive months?” He replied in the negative. He asked him: “Can you afford to feed sixty poor persons?” He replied in the negative. (Abu Hurairah added): Then a basket full of dates was brought to the Prophet (sallallaahu alayhi wa sallam) and he said (to that man), “Feed (poor people) with this on your behalf (by way of expiation).” He said, “(Should I feed it) to poorer people than we? There is no poorer house than ours between its (Al-Madeenah’s) mountains.” The Prophet (sallallaahu alayhi wa sallam) said: “Then feed your family with it.” [Saheeh Al-Bukhari: Book of As-Sawm: vol: 3, Hadeeth Number: 1937: Translator: Muhsin Khan]


Imam Abdul Azeez Bin Baaz (rahimahullaah) said:


(a) The man blamed himself.


(b) Expiation is incumbent upon the one who has sexual intercourse in Ramadan (i.e. during the day/s of fasting), as it is apparent that he has to free a slave. And if he is unable to do so, then he has to fast two consecutive months; and if he is unable to do so, then he has to feed sixty poor people; and if he is unable to do so, then the (obligation) is cancelled.


(c) And (what) if he repeats sexual intercourse on (different) days and did not (perform) expiation? Answer: He must perform expiation for each day.


*And if he repeats sexual intercourse on a single day, then he has to perform one expiation.


(d) Expiation is incumbent upon a woman if she (willingly) complied; and if she was forced and compelled, then (expiation is not) incumbent upon her.


[For further details, see: Al-Hulalul Ibreeziyyah Min At-Taleeqaat Al-Baaziyyah Alaa Saheeh Al-Bukhari: Vol: 2: page: 139: Footnote: 1]


Expiation for One Who had Intercourse with His Wife During the Day in Ramadan


With regard to one who is obliged to fast:


1 – If he has intercourse with his wife during the day in Ramadan, one or more times on one day, then he must offer one expiation. If he had intercourse on several days then he must offer multiple expiations, the same number as the days on which he had intercourse.


2 – He must offer expiation for having intercourse even if he was unaware of the fact that he would have to offer expiation for having intercourse.


3 – The wife must also offer expiation for having intercourse if she willingly went along with her husband in that. But if she was forced then she does not have to do anything.


4 – It is not permissible to give money instead of feeding a poor person, and that is not sufficient.


5 – It is permissible to feed one poor person half a saa’ on behalf of himself and half a saa’ on behalf of his wife. That will be considered to be one of the sixty poor persons who must be fed on behalf of them both.


6 – it is not permissible to give it all to one poor person, or to a charitable organization etc., because they may not distribute it to sixty poor persons. The believer must strive to discharge his duty with regard to expiations and other obligations.


And Allah is the Source of strength. May Allah send blessings and peace upon our Prophet Muhammad and his family and companions.


The Standing Committee for Academic Research and Issuing Fatwas.


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