If one eats due to forgetfulness, a mistake, or coercion,
then he does not have to make up the day later or perform any
expiation. Abu Hurairah reported that the Prophet said:
"Whoever forgets he is fasting, and eats or drinks is to
complete his fast, as it was Allah who fed him and gave him
something to drink." This is related by the group.
Commenting on it, at-Tirmizhi says: "Most of the
scholars act according to this hadith. It is the opinion of
Sufyan ath-Thauri, ash-Shaf'i, Ahrnad, and Ishaq."
Abu Hanifah reported that the Prophet said: "Whoever
breaks his fast during Ramadan due to forgetfulness is not to
make up the day later or to perform any expiation." This
is related by ad-Daraqutni, al-Baihaqi, and al-Hakim, who says
that it is sahih according to Muslim's criterion. Ibn Hajr
says that its chain is sahih.
Ibn 'Abbas reported that the Prophet said: "Allah will
not hold anyone of this nation responsible for what is done in
error, forgetfulness or under coercion." This is
recounted by Ibn Majah, at-Tabarani, and al-Hakim.
If one is overcome and vomits unintentionally, he does not
have to make up the day later on or perform the acts of
expiation. Abu Hurairah reported that the Prophet, upon whom
be peace, said: "Whoever is overcome and vomits is not to
make up the day." Whoever vomits intentionally must make
up the day." This is related by Ahmad, Abu Dawud, at-Tirmizhi,
Ibn Majah, Ibn Hibban, ad-Daraqutni, and al-Hakim. The latter
called it sahih.
Of the report's credibility, al-Khattabi says: "I do
not know of any difference of opinion among the scholars on
this point. If one vomits unintentionally he is not in need of
making up the day, while one who vomits intentionally must
make up the day later."
Even if such bleeding begins just before the sunset, the
fast of that day is rendered void and the day must be made up.
There is a consensus of scholars on this point.
Ejaculation voids the fast even if it was just due to
kissing, hugging, or masturbation, and the day must be made
up. If the ejaculation was due to looking at or thinking about
something, then it is like having a wet dream during the day
and it, therefore, does not void the fast nor is there any
requirement on the person. Similarly, ejaculation of seminal
fluid does not harm the fast in any way.
In such cases, according to most scholars and the four
imams, that person is to make up that day. However, there is a
difference of opinion on this point. Ishaq, Dawud, Ibn Hazm,
'Ata, 'Urwah, al-Hassan al-Basri, and Mujahid maintain that
such a fast is sound and that the person need not make up the
day later. They base their opinion on the fact that Allah says
in the Qur'an: "And there is no sin for you in the
mistakes you make unintentionally, but what your hearts
purpose [that will be a sin for you]."
The Messenger of Allah, upon whom be peace, said:
"Allah will not hold anyone of this nation responsible
for what is done by mistake . . ."
'Abdurrazaq related that Mamar reported from al-Amash that
Zaid ibn Wahb said: "The people broke their fast during
the time of 'Umar ibn al-Khattab. I saw a big pot being
brought from Hafsah's house and the people drank. Then the sun
appeared from behind the clouds and this distressed the
people. They said: 'We have to make up this day.' 'Umar asked:
'Why? By Allah, we have not involved ourselves in any sin.'
"
Al-Bukhari records that Asma' bint Abu Bakr said: "We
broke the fast of Ramadan when it was cloudy during the time
of the Prophet, and then the sun appeared again."
Commenting on the subject, Ibn Taimiyyah says: "This
points to two things:
-1- that it is not preferred for one to delay breaking the
fast until one is absolutely certain that the sun has set . .
. and
-2- that it is not necessary to make up such a day. If the
Prophet would have ordered them to make up that day, it would
have become public knowledge. The fact that it has been
related that they broke their fast [and that it has not been
related that they were ordered to make up that day] points to
the fact that they were not ordered to make up that day."
The only action, according to most scholars, which requires
that both the day be made up and the act of expiation be
performed is having sexual intercourse during a day of
Ramadan.
Abu Hurairah reported that a man came to the Messenger of
Allah and said: "I am destroyed, O Messenger of
Allah!" The Prophet asked: "What has destroyed
you?" He said, "I had intercourse with my wife
during a day of Ramadan." The Prophet asked: "Are
you able to free a slave?" He said, "No". The
Prophet asked: "Is it possible for you to fast for two
consecutive months?" He said, "No." The Prophet
asked: "Is it possible for you to feed sixty poor
people?" He said, "No." The Prophet said:
"Then sit." A basket of dates was brought to the
Prophet and he said to the man: Give this in charity. The man
said: "To someone poorer than us? There is no one in this
city who is poorer than us!" The Prophet laughed until
his molar teeth could be seen and said: "Go and feed your
family with it." This is related by the group.
Most scholars say that both men and women have to perform
the acts of expiation if they intentionally have intercourse
during a day of Ramadan on which they had intended to fast. If
they had intercourse out of forgetfulness or not due to
choice--that is, due to coercion, or they did not have the
intention to fast, then the expiation is not obligatory on
either one of them. If the woman was forced to have
intercourse by the man, the expiation will be obligatory only
upon the man.
According to ash-Shaf'i, the expiation is not obligatory
upon the woman in any case--that is, regardless if it was due
to choice or coercion, and she need only make up the day of
fasting that she voided. An-Nawawi says: "The most
authentic opinion, in general, is that the expiation is
obligatory upon the man only and that there is nothing upon
the woman. There is nothing obligatory on her in relation to
this matter, as it is a matter of [paying] money [due to
something related to] sexual intercourse and this refers to
the duty of the man and not the woman. [In this way,] it is
similar to the case of dowry."
Abu Dawud says: "Ahmad was asked about someone who had
sex during Ramadan: 'Is there any expiation upon the woman?'
He said: 'I have not heard of any.' " In al-Mughni it is
stated: "This refers to the fact that the Prophet ordered
the man who had had sexual intercourse to free a slave. He did
not order the woman to do anything, although he obviously knew
that she was a partner in the act."
According to most scholars, acts of expiation must be
performed in the order that was mentioned in the hadith. The
first command is to free a slave. If this is not possible, the
person is to fast for two consecutive months. If that is not
possible, the person is to feed sixty poor people with meals
that are similar to an average meal in his household. The
person cannot jump from one act to another unless he is not
able to perform the prior order commanded. According to the
Malikiyyah and a narration from Ahmad, the person is free to
choose any of the above three acts and that will be sufficient
for him.
This latter opinion is based on the report from Malik and
Ibn Juraij on the authority of Humaid ibn 'Abdurrahman who
reported that Abu Hurairah narrated that a man broke his fast
during Ramadan and the Prophet ordered him, as an expiation,
to free a slave or fast two months consecutively or to feed
sixty poor people. This is related by Muslim.
In the preceding hadith, the word "or" implies
choice, but according to some, the reason for the expiation to
be performed was different and therefore the person could
choose, as in the case of the expiation for breaking an oath.
Ash-Shaukani says: "In the different narrations, there is
evidence that the expiation is to be performed in order or
according to one's choice. Those who relate it to be in order
are more in number. Al-Muhallab and al-Qurtubi combined the
narrations and said that the event [of someone breaking the
fast] occurred more than once."
Al-Hafizh differs: "This is not correct. It was just
one event and the parts are all united. So the crux of the
matter is that there was not more than one event. Some combine
the reports and say that following the order is preferred, but
that one may choose. Others say the opposite."
Whoever has sexual intercourse (with his wife) on a day of
Ramadan and, before he performs the act of expiation, has
intercourse on another day of Ramadan, need only perform one
act of expiation according to a narration from Ahmad and the
Hanafiyyah. This is because there is a punishment for acts
that are repeated, and if the expiation or punishment is not
carried out, all the acts are taken together as one. According
to Malik, ash-Shaf'i, and Ahmad, the person must perform the
expiation twice, as each day of Ramadan is a separate act of
worship. If the expiation is obligatory because the person
voided the fast, the separate acts are not combined together.
All scholars agree that if the person intentionally had
intercourse during a day of Ramadan and has performed the
expiation and then has intercourse on another day of Ramadan,
then another expiation becomes obligatory upon him. Similarly,
they are in agreement that if one has intercourse twice during
a day, before performing the expiation for the first act, then
he need only perform one act of expiation. If he has performed
the expiation for the first one, then he need not perform an
act of expiation for the second, according to most scholars.
Ahmad says that in such a case, he must perform a total of two
acts of expiation.
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