Between man and wife, Doubt & clear, - * Being intimate with one's wife when fasting without having intercourse

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What is the ruling concerning the one who slept with him wife during the day in Ramadaan without wearing any clothes and the genitals touched one another but there was no penetration?.
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Praise be to Allaah.
If there is no penetration and no emission of maniy (semen), then your fast is valid and you do not have to do anything else.
As for madhiy (prostatic fluid), emission thereof does not invalidate the fast according to the more correct of the two scholarly opinions, which is the view of Abu Haneefah and al-Shaafa’i (may Allaah have mercy on them). See also question no. 37715.
The fasting person may play with his wife, kiss her, embrace her and touch her, if he is certain that he will not ejaculate or have intercourse.
And Allaah knows best.

Issues of fasting, Doubt & clear, - * Does artificial insemination invalidate the fast?

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I have been married for eight years and have not had any children. I want to have artificial insemination, but because of my circumstances I will be doing the procedure to implant embryos during the day in Ramadan. Does this invalidate the fast? Do I have to offer expiation for that day or not?
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Praise be to Allah
What is meant by artificial insemination is fertilising the woman’s egg with the sperm of the man, without having intercourse.
Artificial insemination may be done internally or externally.
In the case of internal insemination, the semen is taken from the man to be injected into the appropriate place inside the wife’s uterus, so that the sperm will meet the egg naturally and fertilisation between them will occur.
The sperm is injected inside the wife’s uterus via a thin tube that transfers the sperm to the cervix (neck of the womb).
External fertilisation (test-tube babies) is done by taking the semen from the man and the egg from the woman’s ovary, then they are placed in a test tube, under specific physiological conditions so that fertilisation between them may occur, then the fertilised egg is transferred to the wife’s uterus so that it may attach to the wall of the uterus and grow like any other foetus.
We have previously explained the ruling on artificial insemination in a number of fatwas. Please see the answer to question no. 3474.
In order to understand the effect that this procedure has on the fast, we must explain a number of rulings:
1.
Taking semen from the man by means of masturbation: if this is done during the day in Ramadan, then this is one of the things that break the fast, according to the majority of scholars.
Therefore the man must avoid this during the day in Ramadan.
See the answer to question no. 222234.
2.
Taking the woman’s eggs in the case of external fertilisation is not regarded as breaking the fast, because this is usually done by means of a laparoscope (i.e., through an incision in the abdomen) or through the vagina, as a fine needle connected to the equipment is inserted through incisions made at the umbilicus and the lower abdomen, and the fluid containing the eggs is extracted, or it is done using ultrasound.
Neither of these methods is regarded as breaking the fast.
3.
Insertion of the man’s semen into the woman’s vagina by means of a tube is also not regarded as breaking the fast, because this fertilisation procedure does not come under the heading of food and drink, neither in a real sense nor by any resemblance, and it is not akin to eating or drinking in any sense at all.
Modern medicine has proven that the woman’s vagina is not connected to the digestive system at all, so anything that enters the woman’s vagina cannot be regarded as breaking the fast.
Al-Bahooti said: Rather her fast is broken if a man’s penis penetrating her vagina, because that is intercourse, and intercourse breaks the fast because it is likely to lead to ejaculation.
End quote fromSharh Muntaha al-Iraadaat(2/364)
This is what the Islamic Fiqh Council based its view on when it stated that anything that enters the vagina is not regarded as breaking the fast. In their statement it says: The following things are not regarded as breaking the fast:
· Anything that enters the vagina, such as a pessary, douche, scope or fingers for a medical exam.
· Insertion of a scope, IUD (“coil”) and the like into the uterus.
· Anything that enters the urethra of the male or female, such as a catheter, scope, opaque dye for certain types of diagnostic imaging, medication or a solution to wash the bladder.
End quote fromQaraaraat Majma‘ al-Fiqh al-Islami(p. 312)
Insertion of semen via this method is not regarded as intercourse; hence an-Nawawi (may Allah have mercy on him) said: If she inserts semen via her vagina or rear passage, she is not required to do ghusl.
End quote fromRawdat at-Taalibeen(1/85)
An-Nafraawi said: The woman does not have to do ghusl if semen enters her vagina without her maniy also being emitted.
End quote fromal-Fawaakih al-Dawaanah(1/117)
See also the answer to question no. 141858
Based on that, artificial insemination procedures, whether they are done inside or outside the body, and implanting embryos in the uterus, do not spoil the woman’s fast.
But it is better for the woman to avoid doing that during Ramadan if possible, so as to guard her fast and avoid any areas of doubt.
And Allah knows best.

Between man and wife, Doubt & clear, - * Being intimate with one's wife when fasting without having intercourse

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I am a young man and got married during the month of Ramadan. When my wife has her period, she asks me to masturbate her with my hand when I am fasting. Is this permissible, so long as I avoid touching the menstrual blood which is naajis (impure)?
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Praise be to Allah
Firstly:
If the wife is menstruating, she does not have the right to be masturbated by her husband’s hand, because that involves touching the impurity, unless that is done from behind a barrier.
Please see the answer to question no. 152885
If the husband is safe from touching the impurity, then there is nothing wrong with it.
Secondly:
There is nothing wrong with the husband kissing his wife, touching her and being intimate with her, without having intercourse, when he is fasting, because the Prophet (blessings and peace of Allah be upon him) used to kiss his wife when he was fasting, and he used to touch his wife when he was fasting. But if he fears that he may end up doing that which Allah has prohibited to him, because he is easily aroused, then it is makrooh for him to do that. If he ejaculates, then he must refrain from eating and so on for the rest of the day, and he must make up that day’s fast. As for madhiy, that does not invalidate the fast.
It is permissible for a man to enjoy intimacy with his wife when he is fasting, so long as he does not have intercourse or ejaculate.
Please see the answers to questions no. 49614and 14315
If you are confident that you can avoid touching the impurity, and there is no fear that you will have intercourse with your wife or ejaculate without having intercourse with her, whilst you are fasting, then there is nothing wrong with you doing that.
Thirdly:
What should be done – indeed must be done – in the case of someone like you, a young man who is recently married, is delay that until night-time, because the ability of a young man to control himself or control his desire is limited, and matters are very likely to get out of hand, in which case you would end up doing something that is prohibited and you would render your act of worship invalid.
Therefore, when the Mother of the Believers ‘Aa’ishah (may Allah be pleased with her) narrated that the Messenger of Allah (blessings and peace of Allah be upon him) used to kiss his wives and touch them when he was fasting, she followed that with a statement that there was no fear in the case of the Prophet (blessings and peace of Allah be upon him) that matters would get out of hand or that he would do that which is prohibited.
Al-Bukhaari (1826) and Muslim (1106) narrated that ‘Aa’ishah (may Allah be pleased with her) said: The Messenger of Allah (blessings and peace of Allah be upon him) used to kiss and touch (his wife) when he was fasting, but he was the most able of you to control his desire.
An-Nawawi (may Allah have mercy on him) said:
Ash-Shaafa‘i and his companions said: Kissing one’s wife when fasting is not prohibited for one whose desire will not be provoked, but it is better for him not to do that. But it cannot be said that it is makrooh for him; rather they said that it is contrary to that which is preferable in his case, even though it is proven that the Prophet (blessings and peace of Allah be upon him) used to do that, because in his case (blessings and peace of Allah be upon him) there was certainty that he would not go beyond the limit of kissing, whereas in the case of others there is the fear that he will go beyond that limit, as ‘Aa’ishah said: “but he was the most able of you to control his desire.”
In the case of one whose desire will be provoked, it is haraam for him, according to the more correct view of our companions. And it was said that it is makrooh. al-Qaadi said: A number of the Sahaabah and Taabi‘een, and Ahmad, Ishaaq and Dawood, stated that it is permissible for one who is fasting in all cases. Maalik regarded it as makrooh in all cases. Ibn ‘Abbaas, Abu Haneefah, ath-Thawri, al-Awzaa‘i and ash-Shaafa‘i said it is makrooh for a young man but not for an old man. This was also narrated from Maalik. Ibn Wahb narrated from Maalik (may Allah have mercy on him) that he regarded it as permissible during a supererogatory fast but not during an obligatory fast.
There is no difference of opinion concerning the fact that it does not invalidate the fast unless the individual emits maniy as a result of kissing.
End quote fromSharh Muslimby an-Nawawi
Al-Haafiz Ibn Hajar (may Allah have mercy on him) said:
That is indicated by the fact that it is permissible for the one who can control himself, but not for the one who is not certain that he will not fall into that which is prohibited.
End quote fromFath al-Baari.
Moreover, the concession allowing intimacy with a wife who is menstruating is also limited by the condition that the husband be confident that he will not fall into that which is not allowed or that which Allah has prohibited:
Al-Bukhaari narrated in hisSaheeh(296) that ‘Aa’ishah (may Allah be pleased with her) said: When one of us was menstruating, if the Messenger of Allah (blessings and peace of Allah be upon him) wanted to be intimate with her, he would tell her to wrap something around her waist, then he would be intimate with her.
She said: and who among you can control his desire as the Prophet (blessings and peace of Allah be upon him) used to control his desire?
The practice of the Prophet (blessings and peace of Allah be upon him), as reported in the hadith of ‘Aa’ishah mentioned above, and similar reports, was to be intimate with his wife from above the waist wrapper that she tied around herself, which is something that covers the area between the navel and the knee, or from above something that covered her private part, if the period had gone on for a long time and the bleeding had become less.
In fact a number of scholars are of the view that it is haraam to be intimate with a menstruating woman involving the area between the navel and the knee, except from above the waist wrapper. This is the well-known view narrated from Maalik, Abu Haneefah and ash-Shaafa‘i.
See:Fath al-Baariby Ibn Rajab (2/27 ff)
And Allah knows best.