In the Name of Allāh, the Entirely Gracious, the Exclusively Merciful

📩 Question:

The questioner asks: Some people from the past due to ignorance got married in Ramadhaan and thus didn’t fast the whole month due to having intercourse with their spouse?

📝 The answer:

We seek refuge in Allah, this is a major sin, and the likes of this is not unknown amongst the Muslims. All the Muslims know that it is obligatory upon them to leave off food, drink and sexual intercourse. Hence, upon him is to seek repentance and to ask for forgiveness from this major sin.

If he believed that this was permissible for him due to ignorance, or due to him finding someone who issued him a verdict that this is permissible for the married individual as a concession from Allah, then this is extreme ignorance, however the affair is less serious and upon him is to make up the missed fasts.

If he was in doubt and he came across some people saying: ‘The married individual has a concession from fasting’ and so he didn’t fast, then this affair is less serious than the one before.

The one who takes sins lightly, then this is an extremely major sin and he is not able to make it up. As for the one who is in doubt, and he comes across those who issue him a religious verdict, thus believing this is permissible for him, then for such a person is to make up the missed fasts. As for the first person, then making up the fasts will not benefit him as he intended to transgress the boundaries.

The second person: was in doubt due to ignorance that due to his marriage he is not obligated to fast. This is possible of happening in some remote places faraway from knowledge and education, or amongst the non-Arabs, or the likes of this, so this second person must make up the missed fasts. As for the first person who intended whilst knowing that it is impermissible, then making it up will not benefit him, upon him is to seek repentance, to have remorse and to seek forgiveness, and upon him is to seek forgiveness from Allah in abundance.

Is there Kafarah (expiation) upon him for each day? i.e. for the one who is not ignorant of its impermissibility?
The answer: If he was not fasting from the start of the day to begin with, he did not intend to fast to begin with, then there are no Kafarahs upon him as he left off fasting to start with. He did not even intend to fast. As for if he broke his fast with sexual intercourse, then upon him is Kafarah for each day.

And without a doubt the Kafarah is transferred to feeding (the poor/needy) as fasting will be very difficult upon him. i.e. if we were to say: ‘for each day he must fast’, then he must fast sixty months. Thus, it is transferred to feeding, there is no doubt that it is transferred to feeding, and this is from the ease of the legislation upon him, and Allah knows best.


Original Fatwa:
https://t.me/ibnhezam/16728

#Fatwas_on_fiqh
#Fatwas_on_fasting
#Fatwas_on_expiations_for_those_who_break_their_fast

-----------------------------------
To subscribe to the fatwas of His Eminence Sheikh Muhammad bin Hizam via Telegram:-
https://t.me/ibnhezam
And in English:-
http://t.me/ibnhezamen