Between man and wife, Dought & clear, - * He had intercourse with his wife when she was making up a Ramadaan fast.What should they do?

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I had intercourse with my wife when she was making up some days that she had missed from the previous Ramadaan, and she was not able to make up all of the days.
Please note that she had asked me for permission to fast and I had given her permission.
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Praise be to Allaah.
Firstly:
It is not permissible for a person who has begun an obligatory fast – such as making up a Ramadaan fast, or offering kafaarat yameen (expiation for breaking an oath) – to break that fast except for a legitimate reason such as sickness or travelling.
If he breaks the fast – whether that is for a valid reason or not – that fast still remains an obligation that he owes and he has to fast another day to make up for the day when he spoiled his fast.
If he broke his fast with no excuse, then as well as making up the fast he also has to repent to Allaah for doing this haraam action.
Your wife does not have to offer any expiation, because the expiation is only required for intercourse during the day in Ramadaan.
We have previously discussed this in the answer to question no. 49985.
Secondly:
You did wrong by spoiling your wife’s fast, because if a wife observes a fast to make up for a missed Ramadaan fast, with her husband’s permission, he does not have the right to spoil her fast.
You both have to repent to Allaah, regret what you did and resolve not to do it again. If you forced her then there is no sin on her.
And Allaah knows best.






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Between man and wife, Dought & clear, - * The one who engaged in foreplay with his wife until he ejaculated has to make up the fast but he does not have to offer expiation

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-I have a very urgent question pertaining to fasting in Ramadhan. I have read most of the general fatawa with respect to atonement for breaking the fast on purpose, etc. However my circumstance is unique and I need advice. This is very uncomfortable but here goes. During Ramadhan I was very sick and the doctor told me to break my fast and take medication which I did. The doctor instructed me to do so for 5 days and my wife insisted that I follow his instructions may Allah reward her. Anyhow during Ramadhan we engaged in some foreplay, which we have done before on a regular basis even during voluntary fasts that we try to do on a regular basis. It has never been a problem and I know my limits as does my wife. On the fourth day of illness I decided to fast but did not tell my wife as she would have argued that the doctor advised to finish the drugs in full. I was confident that Allah had returned my health and wanted to fast. So I did. That morning we engaged in foreplay and my wife did not stop either when I told her to. Unfortunately, she thought this was a game as we have played it before and continued. Then as I pushed her away the excitement overcame me and I ejaculated. As you can imagine I was shocked. As was my wife when I revealed I was fasting. So do I need to fast 60 days in a row? Or make up one day? Or does this fall under the Hadith of accidentally breaking ones fast as Allah is my witness that was not my intention? Please advise as soon as possible as we are going to hajj inshallah and want to remove this sin/burden from us. What should I do?.
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Praise be to Allaah.
You did well to break your fast when you were very sick, and you also did well to fast when you thought that you were able to, although it would have been better to consult the doctor. So long as you fasted that day and were not harmed by fasting, then you have to make up that day.
There is no reason why a man should not engage in foreplay with his wife when fasting, if he is confident that he will not spoil his fast or hers. But if he is not confident of that then it is not permissible for him to do it.
Al-‘Allaamah Mustafa al-Ruhaybaani said inMataalib Ooli al-Nuha(2/204): Things like kissing are also forbidden, such as embracing, touching, and repeatedly looking for one who thinks that he may ejaculate, and there is no scholarly difference of opinion on this point. End quote.
If you engaged in foreplay with your wife and felt confident that it would not spoil your fast, then there is no sin on you for this foreplay even if it did spoil your fast.
But if you thought that you would ejaculate, then you sinned by engaging in this foreplay, and you have to repent to Allaah.
With regard to fasting, the fast is spoiled in either case, because you ejaculated, whether you intended to break the fast or not. Shaykh Muhammad ibn ‘Uthaymeen (may Allaah have mercy on him) said: If he was intimate with his wife, whether by touching or kissing and so on (less than intercourse), then if he ejaculates his fast is invalidated, but if he does nor ejaculate then he does not break the fast thereby. End quote fromal-Sharh al-Mumti’(6/388).
You have to fast one day to make up for this day, but you do not have to offer any expiation. Al-Nawawi (may Allaah have mercy on him) said inal-Majmoo’(6/377); If he spoils his fast with something other than intercourse, such as eating, drinking, masturbating or foreplay that leads to ejaculation, then there is no expiation because the text speaks only of intercourse, and these things do not come under the same heading. End quote.
And Allaah knows best. -

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Issues of fasting, Dought & clear, - * She formed the intention to make up a missed Ramadan fast as the adhaan for Fajr began; is her fast valid?

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On one of the days when I wanted to make up a Ramadan fast, I formed the intention to fast as the adhaan for Fajr began, and I completed the fast. Is my fast valid?
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Praise be to Allah.
Firstly:
Having the intention from the night before is a condition for every obligatory fast, according to the more correct scholarly opinion, whether that is making up that missed fast or observing it on time. This is the view of the majority of scholars.
Ibn Qudaamah said: If it is an obligatory fast, such as a Ramadan fast being observed on time or being made up later, or a fast in fulfilment of a vow, or a fast offered in expiation, it is stipulated that the person should form the intention from the night before, according to our imam, and Maalik and ash-Shaafa‘i. Abu Haneefah said: It is acceptable for a Ramadan fast and any fast for a specific reason to form the intention from that day.
End quote fromal-Mughni(3/109)
The evidence for it being obligatory to form the intention from the night before is the report which was proven to be from the Prophet (blessings and peace of Allah be upon him), according to which he said: “Whoever does not decide to fast before dawn, his fast does not count.” Narrated by at-Tirmidhi (730) and classed as saheeh by al-Albaani inSaheeh at-Tirmidhi. At-Tirmidhi said, after quoting this hadith: What this means, according to the scholars, is that there is no fast for the one who does not decide to fast before dawn breaks, whether in Ramadan or when making up missed Ramadan fasts or when fasting in fulfilment of a vow. If he does not form the intention from the night before, then it does not count. As for voluntary fasts, it is permissible for him to form the intention after he gets up (in the morning). This is the view of ash-Shaafa‘i, Ahmad and Is-haaq. End quote.
Secondly:
The one who wants to observe an obligatory fast must form his intention before the true dawn breaks, as Allah, may He be exalted, says (interpretation of the meaning):
“and eat and drink until the white thread (light) of dawn appears to you distinct from the black thread (darkness of night)”
[al-Baqarah 2:187].
So what counts is the break of dawn, not the adhaan. If a person is certain that the true dawn has broken, and he did not form the intention to fast, then his observance of an obligatory fast, whether he was doing it on time or was making it up, is not valid.
But if he is not certain that dawn has broken, then he may delay forming the intention until the last moment before dawn does break. The same applies if he knows that the mu’adhdhin gives the adhaan ahead of time, or he is not sure whether he gives the adhaan on time or ahead of time.
Please see the answer to question no. 66202
Thirdly:
Most mu’adhdhins nowadays rely on clocks and timetables, not on actually sighting the dawn, and this cannot be regarded as certainty that dawn has broken. So whoever eats or forms his intention at that time, his fast is valid, especially if he stops eating when the adhaan begins, as in the case asked about here, because he was not certain that dawn has broken.
Shaykh ‘Abd al-‘Azeez ibn Baaz (may Allah have mercy on him) was asked: What is the Islamic ruling on the fast of someone who hears the adhaan of Fajr but carries on eating and drinking?
He replied: What is required of the believer is to refrain from things that break the fast – eating, drinking and so on – when it becomes clear to him that dawn has broken, if the fast is obligatory, such as in Ramadan, fasts observed in fulfilment of vows, and expiatory fasts, because Allah, may He be glorified and exalted, says (interpretation of the meaning):
“and eat and drink until the white thread (light) of dawn appears to you distinct from the black thread (darkness of night)”
[al-Baqarah 2:187].
If he hears the adhaan and knows that the adhaan is usuall given at the time of dawn, then he must stop eating and drinking.
If the mu’adhdhin gives the ahdaan before dawn breaks, then he does not have to stop eating and drinking; it is permissible for him to eat and drink until it becomes clear to him that dawn has broken.
If he does not know whether the mu’adhdhin gives the adhaan before or after dawn breaks, then to be on the safe side it is better for him to stop eating and drinking when he hears the adhaan, and it will not matter if he eats or drinks something at the time of the adhaan, because he does not know whether dawn has broken. It is well-known that those who live in cities where there are electric lights cannot know whether dawn has broken from looking, but to be on the safe side they should follow the adhaan and timetables which state the time of dawn in hours and minutes, acting in accordance with the words of the Prophet (blessings and peace of Allah be upon him): “Leave that which makes you doubt for that which does not make you doubt” and “Whoever guards against the doubtful matters will protect his religious commitment from shortcomings and will protect his honour from slander.” And Allah is the source of strength.
End quote fromFataawa Ramadan, compiled by Ashraf ‘Abd al-Maqsood (p. 201)
Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) was asked: When is it forbidden for a person to eat? Is it as they say: when the mu’adhdhin saysLaailaaha ill-Allah? What is the ruling if he drinks deliberately after the adhaan? Is he like one who drinks after ‘Asr, or does his fast count? Some people justify that by saying that dawn is not like a lamp that begins to shine quickly, and the matter is broad in scope. What is the ruling?
He replied: If the mu’adhdhin gives the adhaan when dawn becomes clear, then the Prophet (blessings and peace of Allah be upon him) said: “Eat and drink until Ibn Umm Maktoom gives the adhaan, for he does not give the adhaan until dawn breaks.” If the mu’adhdhin says: I have seen the dawn and I do not give the adhaan until I see the dawn, then the individual must stop eating and drinking when he hears the adhaan, except in the case concerning which a concession has been made, which is a person has his vessel in his hand, in which case he may drink what he needs from it.
But if the adhaan is given according to a timetable, then the timetable is not actually connected to the actual visible time – as it is based on calculations. The timetables we have nowadays, such as the Umm al-Qura timetable and others, are based on calculations, because they do not actually observe the dawn, or the sun, or the zenith, or the beginning of ‘Asr, or the setting of the sun.
End quote fromal-Liqa’ ash-Shahri(1/214)
For more information, please see the answer to question no. 124608
Based on the above, your fast is valid, in sha Allah, because we cannot be certain that the mu’adhdhin was giving the adhaan at the time when dawn began.
And Allah knows best.











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