Fatwa: # 18268
Category: Ramadan
Country: Morocco
Date: 1st September 2009

Title

My husband and i sinned ,we had a sexual intercourse while fasting in ramadan after the dawn.please guide us and tell us what we can do to have Allah forgiveness...

Question

My husband and i sinned ,we had a sexual intercourse while fasting in ramadan after the dawn.please guide us and tell us what we can do to have Allah forgiveness.

Answer

In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatuh

If you forgetfully had sexual intercourse during the time of fasting, then your fast will not break nor would it require any qadā’ or kaffārah.  However, if this was done intentionally, then the fast will break and will necessitate, both, qadā’ and kaffārah.  Therefore, in addition to making up this fast after Ramadān (qadā’), you will need to fast for two consecutive lunar months or sixty days as kaffārah. 

If you start the first fast of your kaffārah on the first of the lunar month, then you will fast for two consecutive lunar months, regardless of whether they are of twenty-nine or thirty days.  However, if you start the fast on any other day besides the first of the month, then you will fast sixty consecutive days. 

It is important to note that the fasts must be consecutive.  If any day is missed in the middle, the whole kaffārah will need to be restarted.  However, if a woman experiences her hayd (period) during the fasts, then she will continue the fasts as soon as her hayd finishes and will not need to restart the kaffārah.

In addition to the qadā’ and kaffārah, you and your husband should beg Allāh Ta’ālā for forgiveness and make firm conviction not to repeat such an act.  InshāAllāh, Allāh Ta’ālā will forgive you.

 

(وهي الجماع في أحد السبيلين) أي سبيل آدمي حي (على الفاعل) وإن لم ينزل (و) على (المفعول به)

(مراقي الفلاح المطبوع بحاشية الطحطاوي، كتاب الصوم، باب ما يفيد به الصوم وتجب به الكفارة مع القضاء: ص 664؛ العلمية)

 

(فتاوى محمودية، كتاب الصوم، باب قضاء الصوم وكفارته وفديته: 10/169-170؛ فاروقية)

 

(أحسن الفتاوى، كتاب الصوم: 4/451-452؛ سعيد)

 

(المرجع السابق: 4/460)

 

And Allah knows best

Wassalaamu `alaykum

Ml. Abrar Mirza,
Student Darul Iftaa

Darul Iftaa

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