Q 1: My colleague asked me to ask you the following question: "In Ramadan 1418 A.H. I
had sexual intercourse with my wife shortly before the Adhan (call to Prayer) of Fajr (Dawn) Prayer and I finished after I heard the first Adhan.
I heard one Adhan from another mosque and while it was being pronounced, another Adhan started. I became confused and I did not know which was closer to the right time, because they were pronounced at different times. What is the ruling on my case?"
A:
If a man has sexual intercourse with his wife before dawn in Ramadan and continued until the second Fajr and he is obliged to fast Ramadan, he has to make up for that day and expiate for having sexual intercourse during the daytime in Ramadan. Apparently, this man was quite negligent with regard to fasting because he did not stop even though he heard the Mu'adhin (caller to Prayer) calling for the Adhan of the second Fajr. The point is that the Adhan of the second Fajr was called regardless of those who were late. This man should have stopped when he heard the first Mu'adhin calling the Adhan of the second Fajr. However, as long as he continued having sexual intercourse even though he heard the Adhan, he has to pay the expiation because sexual intercourse took place in the daytime in Ramadan. The expiation is to emancipate a Muslim slave. If he cannot do that, he should fast two successive months. If he cannot (Part No. 9; Page No. 251) do that because of some illness or old age, he should feed sixty poor people giving everyone of them half a Sa` (1 Sa`=3 kg. Approx.) of wheat, rice, or any other staple food of the country.May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.