Husband and wife have sex in the month of Ramadan, who is responsible for Kaffarah?

Assalamualaikum. Ustadz, I want to ask a question.

In the month of Ramadan, so and so fulanah have a husband-wife relationship because they obey their husband's invitation during the day. The question is, are the two paying the fine of fasting for 2 months in a row, or is it just the husband? then, how about his wife?

Thank you, Ustadz.

Greetings, Fulan

ANSWER:

Wassalamu'alaikum warahmatullahi wabarokaatuh.

Bismillah ... Having sex between husband and wife during the fasting month of Ramadan can invalidate the fast and also have to pay kaffarah fasting in the form of:

1. Freeing female Muslim slaves, or
2. Fasting for two consecutive months, or
3. Feeding sixty poor people, each received a meal the size of one mudd (the size of an adult's hand) or the equivalent of a quarter of a sho '. One sho 'is a measure of zakat fitrah which is usually paid by Muslims before Eid.

This is based on the narration from Abu Hurairah, he said: "A man came to the Prophet Muhammad and he said: Woe is me, O Messenger of Allah. Rasulullah asked: What caused you harm? He replied: I intercourse with my wife in (during the day) month of Ramadan. Rasulullah asked: Can you free the slave woman (Muslimah)? He answered: No. Then can you fast two months in a row? He answered: No. Then can you feed the poor? He answered: No. The Prophet was silent for a few moments. Then brought to the Prophet a basket filled with dates. He also said: Take this and give alms. The man said: What to the poorest of us? Truly no one who lives between the two mountains needs it more than we do. The Prophet laughed until his molar teeth appeared, then said: Go, then feed the family with this. ”(Narrated by Bukhari Muslim)

As for wives who are invited to have sex by their husbands during Ramadan fasting, do they also pay kaffarah or not?

1. The majority of Malikiyah and Hanafiyah: it is obligatory for husband and wife to pay kaffarah because both do it voluntarily. However, some of them provide details, if the husband forces his wife to be forced to serve her husband, then kaffarah is only obliged on her husband.
2. Syafi'iyah and Hanabilah: kaffarah is only obligatory on the husband because most cases of jimak originate from the husband. This is in line with the above narration from Abu Hurairah, where the Messenger of Allah only ordered kaffarah on the husband, without telling his wife.

This second opinion is the strongest compared to the first opinion.

Wallâhu a'lam bish-showâb.

Regards!

...

(Answered by: Ustadz Very Setiyawan, Lc., S.Pd.I., MH)

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