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Q 5: A woman lives with her husband who does not observe Sawm (Fast) in Ramadan. On one of the days of Ramadan he wanted to have sexual intercourse with her, but she refused and locked herself in her room. The husband, due to the fact that he was stronger and was not fasting, compared to her being weak and sick and above all observing Sawm, broke into the room which made her faint. After the woman regained consciousness, he forced her to break her Sawm and had intercourse with her against her will. The next day (Part No. 10; Page No. 311) he had intercourse with her for the second time during the daylight hours of Ramadan. The woman left the home and went to her father's and completed her Sawm there. She also made up for the two days during which she was forced to break her Sawm. Now the case is that she is unable to fast for two consecutive months, and at the same time she could not afford the other Kaffarah, i.e., feeding sixty poor persons, because she is poor. On the other hand, it is not expected from the husband, who does not observe the prescribed Sawm of Ramadan in the first place, that he will observe the expiatory Sawm or even feed sixty poor persons. What should this woman do?


A: As for the woman, she is not obliged to make Kaffarah, because she was forced to that act, which is not the case with the husband who is obliged to make Kaffarah for having sexual intercourse with his wife on two consecutive days during daytime in Ramadan. He should emancipate a believing slave, and if he is unable, then he should observe Sawm for two consecutive months; if he can not, he will be obliged to feed sixty poor persons along with making up for missed days.May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.




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