Ramadan Article - Sexual Intercourse During the Day in Ramadan

Abu Hurayrahsaid,
While we were sitting with the Propheta man came and said, "O
Messenger of Allaah, I amruined!" The Messenger of Allaahasked:"What
is the matter with you?"He replied, "I had sexual intercourse with my
wife while I was fasting." The Messenger of Allaahasked him:"Can you
afford to manumit a slave?"He replied in the negative. The Messenger
of Allaahasked him:"Can you fast for two successive months?"He replied
in the negative. The Prophetasked him:"Can you afford to feed sixty
poor persons?"He replied in the negative. The Prophetremained silent
and while we were in that state, a big basket full of dates was
brought to the Prophet. He asked:"Where is the questioner?"He replied,
"It's me." The Prophet said ]to him[:"Take this )basket of dates( and
distribute it in charity."The man said, "Should I give it to a person
poorer than I? By Allaah, there is no household between its )i.e.
Madeenah's( two mountains thatis poorer than my household." The
Prophetsmiled until his pre-molar teeth became visible and then
said:"Feed your family with it."]Al-Bukhaari and Muslim[
Benefits and rulings:
First:Whoever has sexual intercourse during the day inRamadanwithout
an excuse suchas traveling, forgetfulness or compulsion has disobeyed
Allaah The Almighty. Such a person must repent and abstain from food,
drink and sexual intercourse until sunset. The fasting of that day
becomes invalid and the due expiation must be observed.
Second:The form of expiation is to be decided in the following order;
first to manumit a slave, but if this is not possible or affordable,
then two successive months are to be fasted if the person has the
capability of doing so; otherwise, sixty poor persons are to be fed.
Third:The permissibility of informing others about the intimate
relations between the spouses in case of necessity.
Fourth:If a person who has sinned seeks aFatwa)ruling( concerning his
sin, he is not considered to be declaring his sin.
Fifth:One should be kind to thosewho have yet to learn and gentle
enough to draw them near to the religion. Acts of disobediencemust be
regretted over and fear of Allaah The Almighty must be present.
Sixth:The permissibility of giving the value of an expiation to a
single household.
Seventh:Thekeenness of the Companionsfor the purification of their
souls and saving themselves them from thecauses of punishment.
Eighth:If the expiator is poor, he or she and his or her poor
household may eat from the foodoffered as an expiation.
Ninth:A husband must provide for his family even if he is poor. Imaam
Al-Bukhaarientitled a chapter for thisHadeeth"Baab nafaqat al-mu'sir
'ala ahlihi)Chapter: The Obligation of Providing for One's Family Upon
its Male Head – Even if He is Poor.("
Tenth:This heavy expiation is exclusively for those who break their
fast by having sexual intercourse during the day inRamadan, and not
for those whobreak their fast by eating and drinking early, and this
is the opinion of Shaafi'i and Hanbali scholars and the adopted one.
Onthe other hand, the Hanafi and Maaliki scholars are of the opinion
that this heavy expiation is also applicable to those who break their
fast by eating and drinking early as well.
Eleventh:A mention of the joy that a leader feels at the fulfillment
of the worldly and Hereafter needs of his subjects.
Twelfth:It is permissible for a person to complain about his
conditions to those who can helphim as long as the complaint is not
said out of dissatisfaction with the decree of Allaah.
Thirteenth:If a person has sexualintercourse once of more during the
same day inRamadanand does not expiate, he should offer a single
expiation only. There is no difference among scholars regarding this
point.
Fourteenth:Having sexual intercourse on two days during the days
ofRamadannecessitatesthe offering of an expiation for each
day.However, Shaykh Ibn Jibreenheld a different opinion stating that
if a person has had intercourse on two days inRamadanand has not
expiatedfor one of them, then it is permissible for him to observe a
single expiation for the two days.
Fifteenth:If a person nullifies his fasting by having sexual
intercourse during a day in whichhe was fasting as makeup for a missed
day inRamadan, then thefasting becomes invalid and this day should be
made up for, but he should not offer any additional expiation as that
expiation )fasting sixty continuous days( is for the violation of the
sanctity of the month ofRamadan, according tothe sounder opinion, and
which does not apply to any other type of makeup day.
Sixteenth:If dawn breaks while a Muslim is having sexual intercourse
and if he immediatelystops, then his fast will be valid. If he
continues, then he commits a sin and should repent, offer thedue
expiation )mentioned above( and abstain from eating, drinking, and
having intercourse for the rest of the day.
Seventeenth:Whoever breaks his fast by eating or drinking during the
day inRamadanin order to have sexual intercourse has committed a sin
due to breaking his fast without a valid excuse and due to adopting
deceptive ways of evadingSharee'ahrulings. Such a person is
nonetheless not exempted from the defined expiation and must offer it.
Eighteenth:The flexibility and easiness of theSharee'ah. This is clear
in the case of this man, whocommitted a grave sin inRamadanand came in
a state of fear to the Prophet,, saying,"I am ruined."The words of
this man indicated his regret and repentance; consequently, Allaah
accepted his repentance and the Prophet,, gave him food to expiate for
his sin. In the end, he gave the expiatory food to his own household
due to their poverty, and therefore, the Prophet,, smiled.
Nineteenth:If a person does not realize that it is a day inRamadanand
has sexual intercourse, then the sounder opinion is that he need not
offer expiation.
Twentieth:If a person has sexual intercourse while in a state of
forgetfulness, his fasting is valid and neither expiation nor makingup
for the fast is due on him.