Sexual Intercourse During the Day in Ramadan
Abu Hurayrah, may Allah be pleased with him, said,
While we were sitting with the Prophet a man came and said, "O Messenger of Allah, I am ruined!" The Messenger of Allah asked:“What is the matter with you?”He replied, "I had sexual intercourse with my wife while I was fasting." The Messenger of Allah asked him:"Can you afford to manumit a slave?"He replied in the negative. The Messenger of Allah asked him:"Can you fast for two successive months?" He replied in the negative. The Prophet asked him:"Can you afford to feed sixty poor persons?"He replied in the negative. The Prophet remained 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 Allah, there is no household between its (i.e. Madeenah’s) two mountains that is poorer than my household." The Prophet smiled until his pre-molar teeth became visible and then said: “Feed your family with it.”[Al-Bukhari and Muslim]
Benefits and rulings:
First: Whoever has sexual intercourse during the day in Ramadan without an excuse such as traveling, forgetfulness or compulsion has disobeyed Allah 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 a Fatwa (ruling) concerning his sin, he is not considered to be declaring his sin.
Fifth: One should be kind to those who have yet to learn and gentle enough to draw them near to the religion. Acts of disobedience must be regretted over and fear of Allah The Almighty must be present.
Sixth: The permissibility of giving the value of an expiation to a single household.
Seventh: Thekeenness of the Companions, may Allah be pleased with them, for the purification of their souls and saving themselves them from the causes of punishment.
Eighth: If the expiator is poor, he or she and his or her poor household may eat from the food offered as an expiation.
Ninth: A husband must provide for his family even if he is poor. Imaam Al-Bukhari entitled a chapter for this Hadeeth “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 in Ramadan, and not for those who break their fast by eating and drinking early, and this is the opinion of Shaafi‘i and Hanbali scholars and the adopted one. On the 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 help him as long as the complaint is not said out of dissatisfaction with the decree of Allah.
Thirteenth: If a person has sexual intercourse once of more during the same day in Ramadan and 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 of Ramadan necessitates the offering of an expiation for each day.However, Shaykh Ibn Jibreen held a different opinion stating that if a person has had intercourse on two days in Ramadan and has not expiated for 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 which he was fasting as makeup for a missed day in Ramadan, then the fasting 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 of Ramadan, according to the 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 immediately stops, then his fast will be valid. If he continues, then he commits a sin and should repent, offer the due 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 in Ramadan in 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 evading Sharee‘ah rulings. Such a person is nonetheless not exempted from the defined expiation and must offer it.
Eighteenth: The flexibility and easiness of the Sharee‘ah. This is clear in the case of this man, who committed a grave sin in Ramadan and came in a state of fear to the Prophet, , saying, “I am ruined.” The words of this man indicated his regret and repentance; consequently, Allah 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 in Ramadan and 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 making up for the fast is due on him.