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

Reference: Fataawa Ramadhaan v2 p610 no.604
Fataawa as-Siyaam p67

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 سبحانه و تعالى says:

{…except him who is forced thereto and whose heart is at rest with faith} an-Nahl 16:106

And the Messenger of Allaah ﷺ 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»

Translation originally published on 11 December, 2000.

Graduate of the Islaamic University of Madeenah, having completed the Arabic Language programme at the Institute of Arabic Language before progressing to the Faculty of Sharee'ah, from which he graduated in 2004.

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