A:
If a husband has sexual intercourse with his wife in the daytime in Ramadan, each of them is required to observe the Kaffarah unless the wife does so unwillingly. In this case, there is no Kaffarah incumbent on her.The Kaffarah is to emancipate a believing slave. If the person can not do that, then he or she is to fast two successive months. If he or she could not do so, each of them is to feed sixty poor persons half a Sa` (1 Sa`=3 kg. Approx.) from the staple foodstuff of the country such as rice, wheat, or dates. Furthermore, it is obligatory to repent to Allah (Exalted be He) and to seek His Forgiveness for that. A wife is not excused if she is willing to have sexual intercourse, even if she is unaware of the related religious ruling. This is because she lives in a Muslim country and this ruling is not disregarded because of ignorance, for it is well known and occupies a serious position in the religion.
Q 2: Is it obligatory to make up for the day in which a person broke his Sawm together with observing the expiation?
A:
In addition to observing the Kaffarah, it is obligatory on the husband and his wife to make up for the days of Sawm, which they invalidated as a result of having sexual intercourse in the daytime in Ramadan. If they invalidate one or more days, they are to make up for them.
Q 3: Is it permissible to feed the fasting people in Ramadan or at any other time? Is the Kaffarah sufficient in this case?
A:
The Kaffarah of having sexual intercourse in the daytime in Ramadan is shown in the aforementioned order. Hence, a person can only move to fasting if they are unable to emancipate a Muslim slave, and similarly they should not move to feeding sixty needy people unless the first two are impossible for them. Thus, as you mentioned in the question, it is permissible to feed (Part No. 9; Page No. 246) sixty fasting poor persons with what satisfies them from the staple foodstuff of the country. This should be observed twice: on behalf of the husband and his wife, or to give the sixty needy people 60 Sa`s on behalf of him and his wife.
Q 4:
Is it permissible for me to pay a sum of money in cash to one poor person instead of feeding sixty needy persons?
If this is allowable, what is the value of feeding one needy person in Saudi riyals?
A:
It is incumbent to give the Kaffarah in the manner mentioned in the revealed texts, and this does not include paying it in cash. It is obligatory to follow the religious orders. Al-Bukhari and Muslim related on the authority of
Abu Hurayrah (may Allah be pleased with him):
A person had sexual relations with his wife during the daytime in Ramadan (while he was fasting), and he came to the Messenger of Allah (peace be upon him) seeking his verdict concerning that action. The Prophet (peace be upon him) said (to him): "Can you afford to manumit a slave?" The man said: "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: "Then feed sixty poor persons."
Q 5: There is a poor and ill person who had sexual intercourse with his wife in the daytime in Ramadan, and he is unable to work because of his illness. He has a simple house where he and his family live, praise be to Allah. Sometimes, he does not find enough sustenance for his family but he is not discontent. If he is unable to emancipate a Muslim slave, fast sixty days, or feed sixty poor persons and his conditions are what has been mentioned, what should he do? Is there any other thing for him to be absolved before Allah (Exalted be He)? I appreciate your guidance, may Allah guide you. (Part No. 9; Page No. 247) May Allah reward you in the best way.
A:
If the case is as you mentioned, being unable to do the Kaffarah, then the Kaffarah is cancelled. This is because the Prophet (peace be upon him) did not order the one who could not do the Kaffarah for copulation in the daytime in Ramadan to do it. It is sufficient in this case to repent sincerely to Allah (Exalted be He).May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.