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Monday, July 15, 2013

Dought & clear - He broke the fast at home before travelling, then he had intercourse with his wife; what doeshe have to do?

I was going to travel on a particular day, so I broke the fast in my
house then I had intercourse with my wife. What do I have to do?
Please note that I thought that the expiation was to make up that day
only, I did not know that it is fasting for two consecutive months or
feeding ten poor persons.
Praise be to Allah.
Firstly:
The evidence from the Qur'an and Sunnah, and scholarly consensus,
indicates that the traveller may break the fast of Ramadan, then make
up the number of days that he did not fast.Allah, may He be
exalted,says (interpretation of the meaning):"and whoever is ill or on
a journey, the same number (of days which one did not observe Saum
(fasts) must be made up) from other days" [al-Baqarah 2:185].
If a person is in his home, then he decides to travel, he is not
called a traveller until he has passed beyond the built-up area of his
city. So it is not permissible for him to avail himself of the
concessions of travel,such as not fasting and shortening the prayers,
just because he has the intention of travelling. That is because
Allah, may He be exalted, has only made breaking the fast permissible
for the traveller, and he is not a traveller until he has passed
beyond (the boundary) of his city.
Ibn Qudaamah said inal-Mughni(4/347), after mentioning that the onewho
travels during the day may break the fast:… it is not permissible for
him to break the fast until he has left the houses behind, i.e., he
has passed beyond themand emerged from the built-up area. Al-Hasan
said: He may break the fast in his house, if he wishes, on the day
that he is going to depart. Something similar was narrated from 'Ata.
Ibn 'Abd al-Barr said: The view of al-Hasan is an odd (shaadhdh) view;
no one who is not travelling has no right, on the basis of either
rational thinking or reports, to break the fast; and the opposite was
also narrated from al-Hasan.
Then Ibn Qudaamah said: (That is also) because Allah, may He
beexalted, says (interpretation of the meaning):"So whoever of you
sights (the crescent on the first night of) the month (of Ramadan i.e.
is present at his home), he must observe Sawm (fasts) that month"
[al-Baqarah 2:185]. This one who is present at his home (andis not
travelling) is not described as a traveller until he has left the
city. So long as he is in the city, he comes under the heading of
those who reside there (and are nottravelling), hence he may not
shorten the prayers. End quote.
Shaykh Ibn 'Uthaymeen (may Allah have mercy on him) was asked about a
man who decided to travel, and hebroke his fast at home because he was
unaware (of the ruling), then he set out. Does he have to offer
expiation?
He replied: It is haraam for him to break the fast when he is in his
house, but if he broke the fast before leaving his house, then he only
has to make up the fast. End quote fromFataawa as-Siyaam, p. 133
Secondly:
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 that is not possible then he has to fast for two
consecutive months; if he is not able to do that, then he has to feed
sixty poor persons. He also has to repent and make up that day.
His wife also has to do the same if she was willing. It makes no
difference whether ejaculation occurred or not; if intercourse, i.e.,
penetration occurred, then expiation must be offered.
Thirdly:
The kind of ignorance for which one may be excused is ignorance of the
ruling. If a person failed to do an obligatory duty and did not know
that it is obligatory, or he did something forbidden and did not know
that it is forbidden, this is the one who is ignorant andmay be
excused for his ignorance.
You may only be excusedin your case if you did not know that this
action of yours was haraam in the first place,or you thought that the
one who has decided to travel can do that when he is still in his
house.
But in the case of one who knew that this action is forbidden, and he
did it but was unaware of the punishment that results from it, this is
not regarded as an excuse, because in this case the person went ahead
and committed the sin and transgressed the sacred limits knowingly.
Hence in the case of the Sahaabi who had intercourse with his
wifeduring the day in Ramadan, the Prophet (blessings and peace of
Allah be upon him) instructed him to offer expiation, and he did not
let him off because of his ignorance of (the punishment), as was
narrated by al-Bukhaari (1834) and Muslim (1111), because he had done
it deliberately, knowing that it was forbidden. This was stated by
al-Haafiz Ibn Hajar inal-Fath(4/207), based on the fact that hesaid "I
am doomed" or "Iam burnt".
Shaykh Ibn 'Uthaymeen (may Allah have mercy on him) said:
If someone were to say: Wasn't the man who came to the Messenger of
Allah (blessings and peace of Allah be upon him) ignorant?
The answer is: He was ignorant of what he wasrequired to do (after
breaking the fast); he was not ignorant of the fact that it was
haraam. Hence he said "I am doomed." If we say that ignorance is an
excuse, we are not referring to ignorance of the consequences of this
haraam action; rather what we are referring tois ignorance of whether
this action is haraam or not. … Ignorance of the consequences of the
haraam action is not an excuse; ignorance of whether the action is
haraam or not is an excuse.
End quote fromash-Sharh al-Mumti', 6/417
To sum up:
You have to make up that day, and you have to offer expiation, so long
as your breaking ofthe fast occurred when you had not yet begun your
journey.
Our advice to you is to try to fast the two consecutive months on cold
or moderate days when the day is shorter and there will be less
difficulty involved, or during the days of annual leave from work and
other times when you have the opportunity to do what is required of
you. If youare genuinely unable to fast, then it is permissible for
you in that case to feed sixty poor persons, giving them one meal, or
giving several meals until you complete the number required.
Your wife also has to fast, and if she is not able to, she should feed
sixty poor persons and not ten poor persons as mentioned in the
question.
And Allah knows best.

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