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Saturday, July 13, 2013

Dought & clear - He travelled to a house of his in Madinah and had intercourse during the day in Ramadan without ejaculating

I was on leave and I travelled to Makkah to do 'Umrah, then I went to
al-Madinah al-Munawwarah, where I had intercourse with my wife during
the day in Ramadan, but there was no ejaculation. Do I have to do
anything? If Ihave to do something, as far as I know it is, in order,
to free a slave, which I cannot do because I do not have enough money;
or to fast for two consecutive months, which I cannot do because of
the circumstances of my work in the field, and with the summer heat it
is too difficult for me to fast. Can I feed sixty poor persons, and
does my wife have to do the same thing because she was willing? Please
notethat we have a house in al-Madinah al-Munawwarah and I am a
resident of Riyadh;I go there when I am on leave.
Praise be to Allah.
Whoever has intercoursein the day in Ramadan when he is fasting and
isnot travelling has to offer a severe expiation, which is to free a
slave. If he cannot do that, 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. The same is
required of the wife if she was willing. Itmakes no difference whether
ejaculation occurred or not; if intercourse, i.e., penetration,
occurred, then expiation must be offered.
If they were travelling, then there is no sin and they do not have to
offerexpiation or refrain from eating and so on for the rest of the
day. Rather they have to make up that day, because fasting was not
obligatory for them.
If you are a resident of Riyadh and you have a house in Madinah that
you go to when you are on leave, then when yougo to Madinah you
comeunder the same ruling asthose who reside there, and you have to
fast andoffer the prayers in full, and it is haraam for you to break
the fast by having intercourse and so on, and you have to offer
expiation for having intercourse.
But if you went to Makkah, for example, then you do not come under the
same ruling asthose who reside there, unless you intended to stay
there for more than four days. If you intended to stay there for less
than that, then you come under the ruling on travelers.
Shaykh Muhammad ibn 'Uthaymeen (may Allah have mercy on him) was
asked: A man travelled from one city to another,and he owns a house in
the city to which he travelled; should he offer the prayers in full or
can he shorten them?
Shaykh: But is he a resident in that city? For example, does he stay
for two or three months in one, then two or three months on the other,
or what?
Questioner: He travels there during the summer vacation.
Shaykh: He goes there during the summer?
Questioner: Yes.
Shaykh: Then he should not shorten his prayers, because in fact he has
two homes.
End quote fromLiqa' al-Baab al-Maftooh, 25/162
Based on that, if your breaking the fast happened before you entered
Madinah, there is no sin on you for whatyou did, and all you haveto do
is make up that day, because you broke the fast because of travelling.
But if your breaking the fast happened after you had entered Madinah,
then you have to offer expiation.
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.
And Allah knows best.

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