Q&A (Fatwa)

#32. ON A COUPLE KISSING THEMSELVES IN RAMADAAN

” Salaam Alaikum. I have a question regarding Tahajjud stop time & kissing your wife/wife while fasting please.
We say our Subhi Prayer around 5:06am, so what time is Tahajjud supposed to end?
And, is it okay to kiss your wife/husband while fasting?
Thanks. Jazakallah Khairan”

ANSWER

Wa alaykum salaam warahmatullaah wabarakaatuh

Alhamdulillaah Wa As-Salaatu Wa As-Salaamu Ala a Rasulillaah!

Beloved One, as regards a husband kissing his wife or vice versa in Ramadaan, the dominant verdict among the Fuqahaa is that it is Haraam for a youth that preponderantly knows that he has the sexual vigor and can get seriously aroused that he may lose his fast entirely, Makruh for a youth that considers himself safe from losing his fast if he kisses his wife, and permissible for an old man/woman.

The evidence for this is the Hadith in which Abu Hurayrah – radiyallaahu a’nhu – narrated that once a man came to the Rasul – salallaahu alayhi wasallam – and asked his verdict concerning kissing intimately his wife, he permitted him. And then another man came to him to seek for same and he forbade him. Abu Hurayrah said: “thus the one that was permitted was an elderly man and the one that was forbidden was youth.”

The Hadith is authentically transmitted and recorded in the Sunan.

And the Hadith of A’ishah – radiyallaahu anha – where she said about the Rasul – salallaahu alayhi wasallam –

ﻛﺎﻥ ﻳﻘﺒﻞ ﻭﻫﻮ ﺻﺎﺋﻢ، ﻭﻛﺎﻥ ﺃﻣﻠﻜﻜﻢ ﻹﺭﺑﻪ

“He used to kiss while he was fasting and he was the more powerful over his appetites than any of you.”

The Hadith is recorded by both Imaam Bukhaari and Muslim.

For this reason, Ibn Qudaamah – rahimahullaah – said in ‘Al-Mughni’:

“So if this is established, if the kisser is one of overwhelming sexual appetite in such a way that it is more probable in his mind that kissing will invariably lead him to ejaculation, it is not permissible to kiss. This is because it vitiates his fast and it becomes haraam for him just like food. But if he is a person of immense sexual appetite but it is not probable in his considerations that it will lead him to ejaculation, it is disliked that he should kiss. This is because it exposes his fast to termination and there is no guarantee from vitiation.”

In all of this, the illustrious Imaam, Imaam Maalik – rahimahullaah – disliked kissing and hold it as Makruh for both the young and the old whereas both Ash-Shaafi’i and Ibn Hanbal – rahimahumallaah – hold that it were permissible for the Shaykh not the youth.

Allaahu A’alam

As for when the time for Tahajjud elapses, then know that it is by consensus that it ends at the same time as Witr ends which is just before the Call of the Adhaan for Subh. This is by consensus of all the Muslims.

Allaahu A’alam
Baarakallaahu feekum
Jazaakumullaahu khayran

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