Does Expiation Have To Be Offered For Having Intercourse When Making Up A Missed Ramadaan Fast?
EsinIslam
Ramadan
The Awqaf -
Living Shariah
My husband had intercourse with me one day when
I was making up a missed fast. Do I have to do
anything?.
Praise be to Allaah.
Making up missed Ramadaan fasts is obligatory, and it
is not permissible to break such a fast except in case
of necessity. Once a person starts to observe a fast
to make up a fast he missed, he is obliged to complete
it, and it is not permissible for him to break it
except for a legitimate shar'i excuse.
It was narrated that Umm Haani' (may Allaah be pleased
with her) said: "O Messenger of Allaah, I broke my
fast when I was fasting." He said to her: "Were you
making up a missed fast?" She said: "No." He said:
"Then it does not matter if it was a voluntary fast."
Narrated by Abu Dawood, no. 2456; classed as saheeh by
al-Albaani. This indicates that it would matter if she
broke her fast when observing an obligatory fast. What
is meant by "it would matter" is that it would be a
sin.
With regard to what happened in your case, the
expiation of intercourse is only required if what is
broken is a fast in Ramadaan itself. Based on this,
you do not have to do anything except make that day up
again, as well as repent to Allaah and resolve not to
do such a thing again.
Ibn Rushd said: The majority are agreed that no
expiation is required for deliberately breaking a fast
observed to make up a missed Ramadaan fast, because it
does not come under the same category with regard to
sanctity of time, i.e., Ramadaan.
Bidaayah al-Mujtahid, 2/80.
Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him)
was asked about a woman who broke a fast she was
observing to make up for a missed Ramadaan fast, to
make her guests feel comfortable. He replied: If she
was making up a missed obligatory fast, such as making
up a day of Ramadaan, then it is not permissible for
anyone to break such a fast except in cases of
necessity. With regard to breaking the fast because of
the arrival of guests, this is haraam and is not
permitted, because the basic principle in sharee'ah is
that "Everyone who starts an obligatory duty is
required to complete it, unless he has a legitimate
shar'i excuse." But if he is making up a voluntary
fast then he does not have to complete it, because it
is not obligatory.
Based on this, if a person is observing a naafil
(supererogatory) fast and something happens that means
he has to break his fast, he may do so. This is what
was narrated from the Prophet (peace and blessings of
Allaah be upon him), that he came to the Mother of the
Believers ‘Aa'ishah (may Allaah be pleased with her)
and said: "Do you have anything (to eat)?" She said:
"We have been given some hays (a kind of meal)." He
said: "Show it to me, for I started fasting this
morning." And he (peace and blessings of Allaah be
upon him) ate some of it. This has to do with a naafil
fast, not one which is obligatory.
Majmoo' al-Fataawa, 20.
Ramadan Team
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