𝑸𝑼𝑬𝑺𝑻𝑰𝑶𝑵❓
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?.
𝑨𝑵𝑺𝑾𝑬𝑹❗️
Praise be to Allah.
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.
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