I am a young woman, recently married. I looked on the Islam Q&A
website and I found out that penetration without ejaculation doesnot
invalidate the fast, but it is essential to be careful when engaging
in foreplay in Ramadan. Ialso found out that thereis a difference of
scholarly opinion concerning ejaculation without intercourse in
Ramadan. My husband and I engaged in foreplay during the day in
Ramadan and there was penetration but my husband was careful notto
ejaculate. Afterwards my husband said that he thought a very small
amount had come out ofhim a short time after intercourse, and he
doesnot know whether it was maniy or madhiy. I asked him to check to
see if anything more came out and he did that.
What is the ruling on that? Do we have to make up that day and offer
expiation? Please note that my husband does not know anything about
this kind of expiation and that he controlled himself and nothing came
out when I alarmed him. The amount of discharge was very little and he
says that he could not tell whether it was madhiy or maniy because it
was so little.
Praise be to Allah.
Firstly:
The questioner saying that she saw on the Islam Q&A website that
penetration without ejaculation does not invalidate the fast is not
correct. There is no such opinion on our website; rather what we say
is the opposite of that, because penetration is intercourse, and it
invalidates the fast and requires expiation according to scholarly
consensus.
In the answer to question no. 148163 it says: the one who has
intercourse during the day in Ramadan when he is fasting and not
travelling has to offer a heavy expiation, which is to free a slave.
If he cannot do that, then he must fast for two consecutive months. If
he cannot do that, then he must feed sixty poor persons. He must also
repent and make up thatday.
The same applies to the woman if she did that willingly. It makes no
difference whether ejaculation occurred or not. If intercourse – i.e.,
penetration – occurred then the expiation must be offered. End quote.
Its says in al-Mawsoo'ah al-Fiqhiyyah, 35/55
There is no difference of opinion among the fuqaha' concerning the
view that expiation is required of the one whohas intercourse in the
vagina during the day inRamadan, deliberately with no excuse,
whetherhe ejaculates or not. End quote.
Perhaps the questioner read something that saidthat intimacy or
foreplaywithout ejaculation doesnot invalidate the fast, and she
thought that what was meant by that was intercourse. But thisis a
misunderstanding, as we have mentioned, because what is meant by
intimacy or foreplay is enjoyment of the wife without penetration in
the vagina.
See the answer to question no. 95383
Secondly:
Ejaculation, even without intercourse, invalidates the fast according
to the correct opinion. This is the view of the majority of scholars,
and it was narrated that there was consensus. An-Nawawi (may Allah
have mercy on him) said:
If he kisses or touches any part (of his wife's body) apart from the
vagina with his penis, orhe touches the woman's skin with his hand or
otherwise, if he then ejaculates then his fast isrendered invalid,
otherwise it is not. The author of al-Haawi and others narrated that
there is consensus that the fast is invalidated in the case of one who
kisses or touches anything other than the vagina and ejaculates.
End quote from al-Majmoo' Sharh al-Muhadhdhab, 6/322
Ibn Rushd (may Allah have mercy on him) said:
All of them say: the one who kisses then ejaculates has broken his fast.
End quote from Bidaayatal-Mujtahid, 2/52
Ibn Qudaamah (may Allah have mercy on him) said:
If he kisses then ejaculates… He has broken his fast and there is no
difference of scholarly opinion that we know of.
End quote from al-Mughni, 3/127
Thirdly:
It is essential to be careful and cautious when engaging in foreplay
during the day in Ramadan. The one who fears that he will not be able
to control himself should refrain from that, so as to protect his
religious commitment and his honour.
Ibn 'Abd al-Barr (may Allah have mercy on him) said:
I do not know of any (scholar) who granted a concession allowing the
fasting person to kiss (his wife) except he stipulated that he
shouldbe certain that he is safe from what that leads to; the one who
knows that it will lead to that which will invalidate his fast must
avoid it.
End quote from al-Istidhkaar, 3/296. See also the answer to question no. 107335
Fourthly:
If a person had intercourse during the day in Ramadan when he was
ignorant of the prohibition on doing so, the scholars differed
concerning that. The view of the Hanbalis, which is the view favoured
by the Standing Committee for Issuing Fatwas, is that heis obliged to
make up that day and offer expiation.
But the more correct view is that the one whowas unaware that this
action is haraam is excused and does not have to do anything.
It says in Haashiyat ar-Rawd, 3/411:
Ibn 'Abd al-Barr said: Thecorrect view with regardto eating and having
intercourse if does hat without being aware (ofthe prohibition) is
that they do not invalidate the fast. This was stated by more than one
of the scholars: intercourse is like eating with regard to doubt,
compulsion and ignorance. End quote.
But we should highlight here the difference between the one who was
unaware of the ruling – who is the one who is excused, although there
is a difference of difference concerning him, as stated above – and
the one who knew the ruling but was unaware of the consequences. The
one who knew that intercourse during the day in Ramadan is haraam, but
he did not know that expiation is required for it, cannot be excused
for his ignorance and he has to offer expiation.
Shaykh Ibn 'Uthaymeen was asked:
There is a man who had intercourse with his wifeduring the day in
Ramadan, but he did notejaculate. He was unaware of this ruling and
the consequences, but he knew that intercourse with ejaculation is
haraam. What is the ruling?
He replied:
The most correct view is that the one who does one of the actions that
break the fast, or one of the actions that are forbidden when in
ihram, or one of the actions that render the prayer invalid, when he
is unaware of that, is notto be blamed. If this manwho had intercourse
with his wife during the day in Ramadan was unaware of the ruling and
thought that the intercourse that is forbidden is that in which
ejaculation occurs, then there are noconsequences for that.
But if he was aware that intercourse (during the day in Ramadan) is
haraam, but he did not know that expiation is required for it, then he
has to offer expiation, because there is a difference between
ignorance of the ruling and ignorance of the consequences. Ignorance
of the consequences does not count as an excuse, whereas ignorance of
the ruling does count as an excuse.
End quote from al-Liqa' ash-Shahri, 1/7
And Allah knows best.
No comments:
Post a Comment