If He Breaks The Fast By Eating During The Day In Ramadaan So That He Can Have Intercourse With His Wife Then He Has To Offer The Expiation
EsinIslam
Ramadan
The Awqaf -
Living Shariah
A man wanted to have intercourse with his wife
during the day in Ramadaan, so he broke the fast by
eating before having intercourse, then he had
intercourse. Does he have to offer any expiation or
not?.
Praise be to Allaah.
The scholars are unanimously agreed that whoever
breaks the fast during the day in Ramadaan by having
intercourse must offer expiation.
But they differed concerning one who breaks the fast
in a manner other than having intercourse, such as
eating and drinking. Imam Abu Haneefah and Imam Maalik
(may Allaah have mercy on them both) were of the view
that he also has to offer the expiation. Imam al-Shaafa'i
and Imam Ahmad were of the view that he does not have
to offer the expiation.
But this applies to one who breaks the fast in a
manner other than having intercourse, then he does not
have intercourse that day. As for the one who breaks
the fast in a manner other than having intercourse and
then has intercourse on the same day, the majority of
scholars (including Abu Haneefah, Maalik and Ahmad,
may Allaah have mercy on them) are of the view that he
must offer expiation. This is the only view according
to which fatwas should be given. The fact that it is
valid is indicated by a number of things:
1 – The one who breaks the fast in Ramadaan with no
excuse, whether he breaks it by eating, drinking or
otherwise, is obliged to refrain from eating and
drinking etc for the rest of the day. If he has
intercourse then he has done so on a day when it was
obligatory for him to refrain, so he has to offer
expiation, just as if a pilgrim in ihraam for Hajj
spoils his ihraam, he must still go ahead with his
Hajj, and refrain from the things that are forbidden
whilst in ihraam, and if he does any of them, then he
is subject to the same rulings and penalties as if his
ihraam was still valid.
2 – He has sinned by breaking his fast first of all,
then he sinned again by having intercourse, so he has
sinned twice, so expiation is more essential in his
case.
3 – If expiation was not required in such a case, that
would lead to expiation not being required of anyone,
because anyone who wanted to have intercourse during
the day would be able to eat first and then have
intercourse; rather eating would give him strength to
achieve his aims.
How can expiation be required if he has intercourse
before eating, but if he and his wife eat first and
then have intercourse, no expiation is required?! This
is a reprehensible notion and sharee'ah does not
prescribe any such thing. It is established on the
basis of reason and in all religions, the worse the
sin the greater the punishment.
And Allaah knows best.
Majmoo' Fataawa Ibn Taymiyah (25/260-263).
Ramadan Team
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