Q: A woman had sexual intercourse with her husband during the daytime of Ramadan, and it was during her menstruation. She was expecting to take the after-menstruation Ghusl (full ritual bath) on that day upon the termination of her period. Is it Wajib (obligatory) on both of them to offer a Kaffarah (expiation)? I hope that you will explain all the Kaffarahs due in this regard to me.

A: According to Ijma` (consensus of scholars), having sexual intercourse with a menstruating wife is forbidden. Whoever does so intentionally, is aware of the prohibition, and knows that his wife is in her menstruation commits a prohibited deed which is one of the major sins. In such a case, he has to show sincere Tawbah (repentance to Allah) and give out one or half a Dinar as a Kaffarah for that. Evidences are explicit in the Qur'an and the Sunnah (whatever is reported from the Prophet) on the strict prohibition of such a deed.However, the prohibition is much more strict and the sin is graver when one has sexual intercourse with his wife during the daytime in Ramadan while he is observing Sawm (Fast) and whether it is during her menstruation or not. This is because this act involves a violation against the sanctity of Ramadan, breaking Sawm without a valid excuse, and committing what Allah (Glorified and Exalted be He) and His Messenger (peace be upon him) prohibited.Therefore, it is Wajib on the husband who has sexual intercourse with his menstruating wife during the daytime in Ramadan to make up for that day and offer Kaffarah for doing so. The Kaffarah due is freeing a Muslim bondman. If this is unfeasible or beyond one's capacity, one has to observe Sawm for two consecutive months; and if one cannot do that, he is bound to feed sixty needy people. He must also offer Tawbah and Istighfar (seeking forgiveness from Allah). He is also bound to give out one or half a Dinar in charity as a Kaffarah for having intercourse with his menstruating wife. This Kaffarah is based on the Hadith related by Ahmad, Abu Dawud, Al-Tirmidhy, Al-Nasa`y, and Ibn Majah with (Part No. 9; Page No. 270) a good chain of transmitters on the authority of Ibn `Abbas (may Allah be pleased with them both) that: The Prophet (peace be upon him) ordered whoever has sexual intercourse with his wife during her menses to pay a Dinar or half a Dinar in charity. Whatever is given out will be valid, and one Dinar equals almost four sevenths of the Saudi pound.As for the woman who had intercourse with her husband, if her menstruation had stopped before having intercourse, she has to offer a Kaffarah for having intercourse during the daytime in Ramadan exactly like her husband. This is whether or not she had taken the after-menstruation Ghusl, provided that she welcomed her husband's desire, was aware of the prohibition and of her Sawm. This is because a woman, according to the most correct opinion maintained by scholars, has to abstain from eating and drinking once the menstruation stops even if she has not yet taken the after-menstruation Ghusl, exactly like the Junub (person in a state of major ritual impurity) due to the sanctity of Ramadan. However, if they had intercourse during the menstruation and she was not sure whether it had stopped or not, then she has to offer a Kaffarah for the sexual intercourse during her menstruation if she welcomed her husband's desire, was aware of the prohibition and that it was during her menstruation. However, she is not bound to offer a Kaffarah for having intercourse during the day of Ramadan as the rulings of Sawm do not apply to her during her menstruation, but she still sinned for allowing her husband to have intercourse with her during her menstruation. She also has to offer sincere Tawbah from this abominable act and make up for the days on which she did not observe Sawm during the menstruation but after its end.May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.