Q 2: An anonymous person says that 30 years ago, he married a woman and had sexual intercourse with her on one of the days of Ramadan while he was fasting. He neglected that matter all this time because he was ignorant. However, he admits that he knew that this is impermissible and that he has to fast two months, emancipate a Muslim slave, or feed sixty poor people. He says that he cannot fast two months. In addition, his financial conditions are bad and he cannot free a slave or feed sixty people. Hence, I refer his question to you and hope that you will answer him. May Allah grant you all success and benefit Islam and Muslims with you. All praise is due to Allah.

A: If anyone has sexual intercourse with his wife while fasting in the daytime in Ramadan, he is required to repent to Allah (Exalted be He) for that act. In addition, it is obligatory on him to make up for that day and to observe the Kaffarah (expiation) for his act. The Kaffarah is to emancipate a Muslim slave. (Part No. 9; Page No. 249) If he cannot do that, he should fast two consecutive months. If he is unable to fast due to illness, old age, or anything else, he should feed sixty poor people giving each poor person 1.5 kg of wheat, rice or any other staple food of the country. If he is not able to do that, he is excused from having to fulfill the Kaffarah. It is reported in the Two Sahih (authentic) Books of Hadith (i.e. Al-Bukhari and Muslim) and other books of Hadith on the authority of Abu Hurayrah (may Allah be pleased with him) that he said: A Bedouin came to the Prophet (peace be upon him) and said: “I am ruined!” The Prophet (peace be upon him) said: “Why?” He said: “I had sexual intercourse with my wife in Ramadan (while fasting).” The Prophet (peace be upon him) said to him: “Can you afford to manumit a slave (as expiation)?” He replied: “No.” The Prophet (peace be upon him) said: “Can you fast for two successive months?” He said: “No.” The Prophet (peace be upon him) said: “Can you afford to feed sixty poor persons?” He said: “No.” Then a basket full of dates was brought to the Prophet (peace be upon him) and he said (to that man): “Give this (basket of dates) in charity (as expiation).” He said, “Shall I give it to people who are poorer than us? There is no family between Madinah’s two mountains poorer than us.” The Prophet (peace be upon him) smiled till his pre-molar teeth became visible. He then said, “Feed your family with it.” The Prophet (peace be upon him) did not order him to do another Kaffarah if he was able to observe it. In addition, the Prophet (peace be upon him) did not mention to him that it is a debt on him, which indicates that the Kaffarah is cancelled if the person is unable to observe it.May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.