Knowingly or forgetfully having intercourse during the day in Ramadhaan

Reference: Fataawa Ramadhaan – Volume 2, Page 431, Fatwa No.356
Fiqh al-‘Ibaadaat – Pages 197-198

Question: What is the ruling regarding knowingly or forgetfully having sexual intercourse during the day in Ramadhaan? And what is required of him [in either case]?

Response: Having sexual intercourse during the day in Ramadhaan is like any of the other factors which constitute breaking the fast; [That said], if the person is travelling, then there is no harm in him having done so – whether he was fasting or not. However, if he was fasting, then he is required to make up the fast for that day.

If, however, he was from those upon whom the fast was obligatory and he forgetfully had sexual intercourse during the day in Ramadhaan, then there is no penalty for him; This is because if anyone forgetfully falls foul of any of the factors which constitute breaking the fast, then his fast is valid.

And if he knowingly had sexual intercourse during the day in Ramadhaan, then five matters are incumbent upon him:

1. The sin [of the act];
2. The invalidity of the fast for that day;
3. Continuing to abstain [from all factors which render the fast invalid – by assuming the conditions of the fasting person];
4. Making up the fast for that day;
5. Making an expiation.

And the expiation is done by freeing a slave; And if he is unable, then he is required to fast [daily] for two consecutive months; And if he is unable, then he is required to feed sixty poor and needy people, as mentioned in the hadeeth of Abu Hurayrah (radhi-yAllaah ‘anhu):

A man came to the Prophet ﷺ and said: “O Messenger of Allaah, I am destroyed!” The Prophet (ﷺ said:

He said: “I had sexual intercourse with my wife [during the day] in Ramadhaan whilst I was fasting.” So the Prophet ﷺ mentioned to him the various types of expiation:

So the man said: “I am unable.” Then he ﷺ said:

So the man said: “I am unable.” Then he ﷺ said:

So the man said: “I am unable”, and then he sat down. Dates were then brought to the Prophet ﷺ and he said to him:

So the man said: “To someone who is more poor than me O Messenger of Allaah?! For indeed, by Allaah, there is no household between the two volcanic sites (namely Madeenah) more poor than mine!” So the Prophet ﷺ laughed [at the response of this man] until his molar teeth were visible, and then he ﷺ said to him: