#599: The One who had Sexual Relations with his Wife during the Day of Ramadān
QUESTION
” Sallam alaykum ya sheik,please what is the ruling of the husband who because of strong urge of desire,and he tried very hard to resist but ended up sleeping with his wife during Ramadan,does he have to make up the fast or fast two months,jazakumullahu khyran for your continuous efforts,Barakallahu feek”
ANSWER
Wa alaykum Salām Warahmatullāh Wabarakātuh.
Alhamdulillāh.
Subhānallah! This is a great sin in the sight of Allāh, a Kabīrah and a trampling upon the forbiddances of Allāh.
Three things are obligatory upon him according to the position held by the majority of the Fuqahā:
1. To make a sincere, desperate and persistent Tawbah to Allāh and to seek to block all means that lead to its reoccurrence.
2. He must compensate (Qadā’) for this by fasting this day after Ramadān. (This is differed upon)
3. He must observe the major Expiation/Atonement (Kaffāra).
This is done in the following order:
A. Freeing a Muslim Slave.
B. If ‘A’ above is not available like is the situation in this era of ours, then he must fast for 60 days consecutively
C. If ‘B’ above is difficult due to Ill health or old age, he must feed one Needy people on behalf of each day.
Please note that the Atonement must be in the order mentioned above and it is not permissible to feed unless it isn’t possible to fast. This is in accordance with the Hadīth recorded by both Imām Al-Bukhāri and Imām Muslim from Abū Hurayrah – radiyallāhu ‘anhu.
What we have explained above must be observed by both husband and wife.
If you say:
” Note,in case the wife is fasting but he forced himself upon her,what is the position of her fasting also or in situation where the wife lead to it happening because of her extreme make up or dressing she does, jazakumullahu khyran”
I say:
It is obligatory upon the wife to force him away and to prevent him with strength, and to remind him as much as she can that this is Harām and a great sin forbidden by Allāh.
If however she allows him voluntarily, she shares in his punishment.
If he forces her and she gives in, she shares in his punishment.
If he forced her with violence and subdues her while she disagrees, then there is nothing upon her.
There is nothing in the scenerio you depicted that shows compulsion.
Please remember that this is a very great sin and a transgression of the limits of Allāh that can only be atoned by what has preceded.
We ask Allāh to safeguard our Īmān
Bārakallāhu fīkum
Jazākumullāhu Khayran
19th Ramadān, 1439A.H.
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