What Is the Expiation for Newly Married Couples Who Engage in Intercourse during Fasting in Ramadan?
Hanafi Fiqh
Answered by Shaykh Faraz A. Khan
Question
If a person has intercourse with his wife while fasting in Ramadan as he is newly married and can’t resist, what is the ruling? Does he have to fast for 60 days continuously, or may he give charity equal to feeding 60 people? How much amount would it be?
Also, since his wife was fasting, does the same ruling apply to her, even though she was tempted into it by her husband? What is the ruling for the husband for tempting her?
Answer
I pray this finds you in the best of health states.
The first step for both spouses is to sincerely repent (tawba) and ask Allah for forgiveness, as that act was sinful. Yet the doors of forgiveness are always open by His unending grace, particularly in this blessed month.
Repentance entails:
- Immediately ceasing the act,
- Feeling sincere remorse and regret,
- Making a firm resolution never to repeat the act. [Nawawi, Riyad al-Salihin]
For this particular sin, both spouses must also perform expiation, even if the act was initiated and insisted upon by the husband. He would have a greater sin, but both are responsible for the act, as each did so willingly. Expiation is to fast for 60 consecutive days without missing a single day. This must be done in a time without any of the days of Id/Tashriq (Shawwal 1, Dhul Hijja 10-13) since it is sinful to fast on any of those five days.
If one does not fast the 60 days consecutively, one must restart the 60 days.
The only exception to this ruling is for a woman in menstruation or post-natal bleeding. She would abstain from fasting on the days of menstruation/lochia and then resume immediately upon becoming pure. If she delayed the fast after becoming pure, she would have to restart the 60 days.
Lastly, aside from the expiation, the day this happened would need to be made up, as the fast for that day was broken. [Tahtawi/Shurunbulali, Hashiyat Tahtawi ala Maraqi al-Falah]
Please see this related answer:
The Expiation (Kaffara) for Having Sex While Fasting
And Allah knows best.
[Shaykh] Faraz A. Khan
Checked & Approved by Shaykh Faraz Rabbani
