Friday, August 16, 2013

Dought n clear, - Does expiation have to be offered for having intercourse when making up a missed Ramadaan fast?

My husband had intercourse with me oneday when I was making up a
missed fast. Do I have to do anything?.
Praise be to Allaah.
Making up missed Ramadaan fasts is obligatory, and it is not
permissible to break such a fast except in caseof necessity. Once a
person starts to observe a fast to make up a fast he missed, he is
obliged to complete it, and it is not permissible for him to break it
except for a legitimate shar'i excuse.
It was narrated that Umm Haani' (may Allaah be pleased with her) said:
"O Messenger of Allaah, I broke my fast when I was fasting." He said
to her: "Were you making up a missed fast?" She said: "No." He said:
"Then it does not matter if it was a voluntary fast." Narratedby Abu
Dawood, no. 2456; classed as saheeh by al-Albaani. This indicates that
it would matter if she broke her fast when observing an obligatory
fast. What is meant by "it would matter" is that it would be a sin.
With regard to what happened in your case, the expiation of
intercourse is only required if what is broken is a fast in Ramadaan
itself. Based on this, you do not have to do anything except make that
day up again, as well as repent to Allaah and resolve not todo such a
thing again.
Ibn Rushd said: The majority are agreed thatno expiation is required
for deliberately breaking a fast observedto make up a missed Ramadaan
fast, because it does not come under the same category with regard to
sanctity of time, i.e., Ramadaan.
Bidaayah al-Mujtahid, 2/80.
Shaykh Ibn 'Uthaymeen (may Allaah have mercy on him) was asked about a
woman who broke a fast she was observing to make up for a missed
Ramadaan fast, to make her guests feel comfortable. He replied: If she
was making up a missed obligatory fast, such as making up a day of
Ramadaan, then it is not permissible for anyone to break such a fast
except in cases of necessity. With regard tobreaking the fast because
of the arrival of guests, this is haraam and is not permitted, because
the basic principle in sharee'ah is that "Everyone who starts an
obligatory duty is required to complete it, unless he has a legitimate
shar'i excuse."But if he is making up a voluntary fast then he does
not have to complete it, because it is not obligatory.
Based on this, if a personis observing a naafil (supererogatory) fast
and something happens that means he has to break his fast, he may
doso. This is what was narrated from the Prophet(peace and blessings
of Allaah be upon him), that he came to the Mother of the Believers
'Aa'ishah (may Allaah be pleased with her) and said: "Do you have
anything (to eat)?" She said: "We have been given somehays(a kind of
meal)." He said: "Show it to me, for I started fasting this morning."
And he(peaceand blessings of Allaah be upon him) ate some of it. This
has to do with a naafil fast, not one which is obligatory.
Majmoo' al-Fataawa, 20.

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