Joint kaffaarah for both husband & wife who had sexual intercourse during the day in Ramadhaan

Reference: Fataawa Ramadhaan – Volume 2, Page 610, Fatwa No.604
Fataawa as-Siyaam – Page 67

Question: If a man had sexual intercourse with his wife during the day in Ramadhaan, is one kaffaarah sufficient for both of them [together] or is it imperative that there be a kaffaarah for the man and another for the woman?

Response: Some of the scholars are of the opinion that the kaffaarah is sufficient for both of them [together]. [However], that which is correct is: If the wife consented [without force], then a kaffaarah is required of her just as is required of her husband. If, however, she was forced, then a kaffaarah is not required of her except to make up the fast for that day. This is because one who is forced is excused as Allaah (Subhaanahu wa Ta’aala) says:

{…except him who is forced thereto and whose heart is at rest with faith}, [Soorah an-Nahl, Aayah 106]

And the Messenger of Allaah (sal-Allaahu ‘alayhi wa sallam) said:

«[all blame] has been alleviated from [those of] my ummah so long as [the offending act] was done mistakenly, forgetfully, or was forced upon them»

Abu 'Abdullaah

About Abu 'Abdullaah

– from London, UK. He is a graduate of the Islaamic University of Madeenah, having graduated from the Institute of Arabic Language, and later the Faculty of Sharee’ah in 2004.