DDHK. ORG – Mistakes made during Ramadan have consequences. For example, when fasting in the month of Ramadan, it is not permissible to have intercourse with someone husband wife. But what if it is violated? Check out the answers in the rubric consultation the following.
Peace be upon you, and Allah's mercy and blessings
chaplain, I mistakenly had intercourse with my wife. Even though we weren't legally married, we lived together and it happened after dawn.
So my question is can I fast today or should I stop here and do the obligatory fast for two consecutive months? Or all fasting days canceled or only today?
Salam
Fulanah
Jawab
Peace be upon you and God's mercy and blessings be upon you
WL…
Fasting in language is imsik which means to endure. Meanwhile, according to the terms of the Shari'a, fasting is to refrain from eating & drinking, as well as things that can cancel it accompanied by intention, from sunrise to sunset.
Among the things that can break the fast is intercourse between husband and wife while fasting. As for at night when they are not fasting, then that is permissible. As Allah Subhanãhu wa Ta'ala says:
أُحِلَّ لَكُمۡ لَیۡلَةَ ٱلصِّیَامِ ٱلرَّفَثُ إِلَىٰ نِسَاۤىِٕكُمۡۚ {سُورَةُ البَقَرَةِ: ١٨٧}
"It is lawful for you to fast at night to mix with your wife." {QS Al-Baqarah: 187}
Then if a husband and wife have had sexual intercourse while they are fasting in Ramadan, what should be done?
Husband and wife who have had sexual intercourse during Ramadan fasting, both of them will find sin, their fast is broken, they will continue fasting until sunset, and it is obligatory to make a qadla.
As for the husband, there is an additional obligation to pay kaffarah, namely by:
- Freeing female Muslim slaves, or
- Fasting for two consecutive months, or
- Feeding 60 poor people each 1 mud or a quarter of the size of zakat fitrah. According to the Syafi'i school of thought, 1 mud equals 07,15 kg or 7,15 ounces. 1 mud can also be interpreted as 1 serving of adult food.
Narrated by Abu Hurairah radliyallãhu 'anhu:
“That the Prophet shallallãhu 'alaihi wasallam was visited by a man and said: 'I perish, O Messenger of Allah. He said: And what broke you? He said: I had intercourse with my wife in (afternoon) Ramadan, and he said: Did you find anything to free slaves (Muslim women)? he said no. He said: Can you fast for two consecutive months? He said no. He said: Can you feed sixty poor people? He said no. Then a basket of dates was brought to the Prophet sallallãhu'alaihiwasallam. He said: I. He said: Take this and give it as alms. The man said: To people who are poorer than me, O Messenger of Allah? For God's sake, there is no one between the two black soils of the poorer household more than the people in my house. The Prophet sallallaahu 'alaihi wa sallam laughed until his fangs were visible, then he said: Feed him for your family." (HR Bukhari)
According to the Maliki & Hanafi schools of thought, the obligation of kaffarah is borne by the husband and wife because they both enjoy and feel the physical relationship between the two.
However, according to the schools of Syafi'i & Dhohiri, & jumhur Ulama, the obligation of kaffarah only applies to husbands, because according to the dhohir narration above that the Prophet shallallãhu 'alaihi wasallam only ordered kaffarah to husbands not wives. And also usually intercourse is more likely a husband who invites than a wife.
Imam Nawawi Rahimahullah said: “Indeed, we have mentioned that the correct opinion according to our school (Syafi'i) is that it is not obligatory for a wife to pay kaffarah. This is also what Imam Ahmad said. Whereas Imam Malik, Abu Hanifah, Abu Tsaur, & Ibn Al-Mundzir said: It is obligatory for (the wife) to pay kaffarah, this also includes another narration from Imam Ahmad."
But the strongest opinion is the jumhur opinion which only obliges kaffarah for husbands only. Wallahu a'lam.
But what I want to add is for couples who are still married in sirri, immediately make it official in the state for the benefit of all.
Hope it is useful…
Peace, mercy and blessings of God
Answered by Ustadz Very Setiawan.
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