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Sunday, June 4, 2017

Between man and wife, Doubt & clear, - * Masturbating or engaging in intimacy with one’s wife to the point of ejaculation during the day in Ramadaan












If a man masturbates or kisses his wife until semen is emitted, but he does not have intercourse, is his fast invalidated by that? What does he have to do, and is there any expiation for that?.
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Praise be to Allaah.
Firstly:
Masturbation is haraam, as has already been explained in the answer to question no. 329; in Ramadaan it is even more haraam.
Secondly:
Masturbation, and also being intimate with one's wife and kissing her until semen is emitted invalidates the fast, and the one who does that has to repent to Allaah for doing this haraam action, and he has to fast a day to make up for the day which he spoiled, but he does not have to offer expiation (kafaarah), because expiation is only required for having intercourse during the day in Ramadaan.
Ibn Qudaamah said inal-Mughni(4/363): If he masturbates with his hand, he has committed a haraam action, but his fast is not invalidated by that unless he ejaculates; if he ejaculates then his fast is invalidated. End quote.
He also said (4/361): If he kisses (his wife) and ejaculates, then he has broken his fast and there is no difference of scholarly opinion that we know of. End quote.
Al-Nawawi said inal-Majmoo’(6/349): If he kisses or engages in intimacy without having intercourse or touching the woman’s skin with his hand etc, then if he emits semen his fast is invalidated, otherwise it is not. Saahib al-Haawi and others narrated that there is scholarly consensus that the fast of one who kisses or touches his wife, without having intercourse, then ejaculates, is invalidated. End quote.
It says inBidaayah al-Mujtahid(1/382): All of them – i.e., the imams – say that whoever kisses and ejaculates has broken his fast. End quote.
Ibn ‘Abd al-Barr said inal-Istidhkaar(3/296):
I do not know of any scholar who granted a concession with regard to kissing for the one who is fasting, unless he is confident that nothing will result from that; for the one who knows that it will result in something that will invalidate his fast, he must avoid that. End quote.
Shaykh Ibn ‘Uthaymeen said inFataawa al-Siyaam(p. 237): It is not permissible for a man to engage in foreplay with his wife if he knows that he will ejaculate as a result of that, because some people are quick to ejaculate just by engaging in foreplay, or kissing a woman and so on. So we say to such a man: it is not permissible for you to engage in foreplay with your wife so long as you fear that you may ejaculate. End quote.
He also said inal-Sharh al-Mumti’(6/234-235):
If he seeks to expel semen by any means, whether by hand or by rubbing it on the ground and so on until he ejaculates, then his fast is invalidated by that. This is the view of the four imams (may Allaah have mercy on them), Maalik, al-Shaafa’i, Abu Haneefah and Ahmad.
The literalists (al-zaahiriyyah) rejected that and said: the fast is not invalidated by masturbation even if one ejaculates, because there is no evidence from the Qur’aan or Sunnah that the fast is invalidated thereby, and an act of worship cannot be ruled to be invalidated unless there is evidence from Allaah and His Messenger (peace and blessings of Allaah be upon him). But in my view – and Allaah knows best – we may understand that it does break the fast on the basis of the following two points:
1 – From the texts. In the saheeh hadeeth it states that Allaah, may He be glorified and exalted, says concerning the one who fasts: “He gives up his food, his drink and his desire for My sake,” and masturbation is a kind of desire, and emission of semen is a kind of desire. The evidence that semen may be described as desire is the words of the Messenger (peace and blessings of Allaah be upon him): “In the intimacy of one of you there is charity.” They said: “O Messenger of Allaah, if one of us fulfils his desire, is there reward in that?” He said: “Do you not see that if he fulfils it in a haraam manner, he will bear a burden of sin? Similarly, if he fulfils it in a halaal manner, he will have reward.” And what is referred to here is semen.
2 – Based on analogy. We say that the Sunnah states that a person breaks his fast by making himself vomit if he vomits, and he breaks his fast by cupping if he is treated with cupping and blood comes out of him. Both of these weaken the body.
As for the emission of food, it is clear that this weakens the body, because the stomach remains empty and the person will quickly become hungry and thirsty.
With regard to the emission of blood, it also seems that it weakens the body, and the same results from emission of semen, which undoubtedly exhausts the body. Hence there is the command to do ghusl, which restores energy to the body, and this is by analogy with cupping and vomiting.
Based on this we say: if semen is emitted with desire, then it invalidates the fast, on the basis of the texts and analogy. End quote.
Based on these two points – the fact that it is fulfilment of desire and that it weakens the body, Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him) ruled that masturbation invalidates the fast. SeeMajmoo’ al-Fataawa, 25/251.
Shaykh Ibn Baaz (may Allaah have mercy on him) said:
Masturbation during the day in Ramadaan invalidates the fast if it is done deliberately and semen is emitted as a result. The person has to make up that fast as an obligation, and he has to repent to Allaah, may He be glorified and exalted, because masturbation, which is what people call the ‘secret habit’, is not permissible whether one is fasting or otherwise. End quote.
Majmoo’ Fataawa Ibn Baaz, 15/267
The scholars of the Standing Committee for Issuing Fatwas (10/256) said:
Masturbation during Ramadaan and at other times is haraam and it is not permissible to do it, because Allaah says (interpretation of the meaning):
“And those who guard their chastity (i.e. private parts, from illegal sexual acts)
6. Except from their wives or (the slaves) that their right hands possess, __for then, they are free from blame;
7. But whoever seeks beyond that, then those are the transgressors”
[al-Mu’minoon 23:5]
The one who does that during the day in Ramadaan when he is fasting has to repent to Allaah and make up the fast of the day when he did that, but he does not have to offer expiation (kafaarah), because expiation is required only in the case of intercourse.
And Allaah knows best.









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Between man and wife, Doubt & clear, - * Emission of madhiy does not invalidate the fast






















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A woman was sexually aroused by her husband during a day of Ramadaan, which made her wet. She does not know if she came or if it was something else that came out. She does not know how many days this happened.
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Praise be to Allaah.
Firstly:
It is permissible for the spouses to be intimate with one another, so long as they are certain that there will be no emission of maniy, because of the report narrated by al-Bukhaari (1927) and Muslim (1106) from ‘Aa’ishah (may Allaah be pleased with her) who said: The Messenger of Allaah (S) used to kiss and touch (his wife) when he was fasting, but he was the most able of you to control his desire.
If a man is intimate with his wife without having intercourse, then one of the following two scenarios must apply:
1 – That this intimacy leads to emission of maniy. In this case the fast is invalidated and the one who emitted maniy must make up that day.
Al-Nawawi (may Allaah have mercy on him) said inal-Majmoo’(6/349): If he kisses her or is intimate with her, without having intercourse, or he touches a woman’s skin with his hand or otherwise, if he emits maniy then his fast is invalidated, otherwise it is not. The author ofal-Haawiand others narrated that there was scholarly consensus that the fast of one who kisses his wife or is intimate without having intercourse and ejaculates is invalidated. End quote.
Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) said: If a man is intimate with his wife by touching or kissing the face or touching the private part (without having intercourse) and he ejaculates, then his fast is broken, but if he does not ejaculate then the fast is not broken. End quote.
Al-Sharh al-Mumti’(6/388).
2 – If that intimacy results in emission of madhiy, in this case the fast is not invalidated.
Shaykh ‘Abd al-‘Azeez ibn Baaz (may Allaah have mercy on him) said: If a man kisses his wife and is intimate with her without having intercourse whilst fasting, all of that is permissible and there is nothing wrong with it, because the Prophet (peace and blessings of Allaah be upon him) used to kiss his wife when he was fasting, and he would be intimate with her whilst he was fasting. But if a man fears that he will fall into that which Allaah has forbidden because he is easily aroused, then it is makrooh for him to do that. If he ejaculates then he must refrain from eating and drinking for the rest of the day, and he must make up that fast. But he does not have to offer any expiation according to the majority of scholars. As for madhiy, it does not affect the fast according to the more correct of the two scholarly opinions, because the basic principle is that the fast remains valid and is not invalidated, and because it is too difficult to avoid it. And Allaah is the Source of strength. End quote.
Fataawa al-Shaykh Ibn Baaz(15/315)
Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) was asked about a man who was intimate with his wife when he was fasting, and he emitted madhiy; what is the ruling on his fast?
He replied: If a man is intimate with his wife, and he emits madhiy, his fast is still valid, and he does not have to do anything according to the scholarly view which we regard as correct. That is because there is no evidence to suggest that this breaks the fast, and it is not valid to compare it to maniy, because it is less than it. This view which we favour is the view of al-Shaafa’i and Abu Haneefah, and it was favoured by Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him) who said inal-Furoo’: It is more correct. And he said inal-Insaaf: It is the correct view. End quote.
Majmoo’Fataawa Ibn ‘Uthaymeen(19/236).
For more information please see the answer to question no. 37715.
Thirdly:
If a man is confused in this case and is not sure whether what has come out of him is maniy or madhiy, in most cases it is probably madhiy, because madhiy is that which is emitted when one is intimate, and the fast cannot be judged to have been spoiled on the basis of mere conjecture.
The difference between madhiy and maniy has been explained previously on this site,
And Allaah knows best.