بسم الله الرحمن الرحيم

Q: A man has intercourse with his wife during the daytime in Ramadan without ejaculating, and he thinks that the expiation pertains to the one who does, even though he knows that intercourse along with an ejaculation necessitates expiation, he does not know that intercourse without an ejaculation is prohibited (what’s the ruling)?

A: If this was his understanding then there is nothing upon him, nor does he make up the day due to the Exalted’s statement:

…ربّنا لا تُؤاخذنا إن نسينا أو أخطأْنا…

“…Our Lord do not hold us to account when we forget or make a mistake…” [Al-Baqarah: 286]

Translated by Najeeb Ibn Yusuf

Source: فتاوى في أحكام الصيام

The absence of sin for one who makes a mistake is derived from the Quran and Sunnah, as Sheikh Al Uthaymin cited a clear text from the Quran, likewise we have the Prophet’s -sallahu alayhi wa salaam- statement: “Surely Allah has overlooked, for me, my nation when they make mistakes, forget, or are compelled to do something.“

Sheikh Saalih Alish-Sheikh said, “a mistake is to desire something, but acquire other than it without aspiring that.” [شرح الأربعين النووية]

An example of this is found in the narration of Anas ibn Malik wherein Allah’s Messenger -sallahu alayhi wa salaam- said: “Indeed Allah is extremely overjoyed at the repentance of His servant when he repents to Him, than anyone of you who is on his riding beast in the desert. Then his riding beast slips away from him and (carried) on it is his food and drink. Thus he falls into despair (as it relates to his riding beast). Then he goes to a tree and lays in its shade having despair from (finding) his riding beast. While he is in that state he founds it standing with him, so he seizes it by its reins and he says, out of extreme happiness, “O Allah! you are my slave and I am your lord.” He made a mistake due to extreme happiness.” Collected by Bukhari (in summarized version) and Muslim.

Sheikh Al Uthaymin said, while commenting on this narration, “A man was in the desert and there was no one around him. No water, no food, and no people. He loses his camel, meaning it wanders off. This causes him to call out for it but can not find it. As a result he goes to a tree and sleeps under it, as he awaits death. Surely he fell into despair with regards to his camel and to life, because his provision were on the camel and it wandered off. So while he was like this, behold his camel was there with him, its reins hanging on the tree in which he slept under. So with what object can be used to evaluate this happiness? Happiness due to life after death.

As a result he seized the reins and said, “O Allah you are my slave and I am your lord.” He wanted to praise Allah by saying Allah you are my Lord and I am your slave, however due to his extreme happiness he made a mistake, hence he changed the wording.“ [شرح رياض الصالحين]

This is an excellent example of a person who desired one thing but acquired something else that he did not aspire after.

Al Uthaymin also said, “in it (the narration) is evidence that a man when he makes a mistake in a statement, even if it’s disbelief that his tongue puts forth, he is not held accountable as a result of it. As this man said a statement of disbelief. The man’s statement to his Lord, ‘you are my slave and I am your lord’ this is disbelief without doubt, however this emanated from him mistakenly due to extreme happiness and so he is not taken to account for it.

And likewise other than it from speech. If someone insults another mistakenly, without intending such; or divorces his wife mistakenly, without intending such; or manumits an indentured servant mistakenly, without intending such, then nothing results from this because a person did not intend it…” [شرح رياض الصالحين]

A mistake can also occur due to one’s ignorance. An individual may either be totally unaware of an issue, or misunderstand an issue. An example of this is found in the narration of Adi ibn Hatim, concerning the revealing of the following verse:

و كُلُوا واشْرَبُوا حتَّى يتبيَّن لكم الخَيط الأبيض من الخيط الأسود من الفجر

“…and eat and drink until the white thread (of day) is made clear from the black thread (of night) from the dawn…” [Al-Baqarah: 187]

Adi said, “O Messenger! indeed I have placed under my pillow two cords. One white and one black, so that I may know the night from the day. The Messenger -sallahu alayhi wa salaam- said: “Indeed your pillow is expansive, as it is only (intended in the verse) the black of night and the white of day.” Collected by Bukhari and Muslim.

Imam An Nawawi quotes Al Qaadhi Iyyaadh’s statement, “The intent is that it was understood and done by those who were not among the Messenger -sallahu alayhi wa salaam-. On the contrary he was among the Bedouins and those who had no comprehension with them. Or there was not in their language the usage of the word ‘thread’ for the night and day…” [شرح صحيح مسلم]

Even with this mistake made, we find no command from the Prophet -sallahu alayhi wa salaam- to make up those days, as he made a mistake desiring Allah’s obedience but he acquired something he did not aspire after due to his misunderstanding of the text, and Allah knows best.

بسم الله الرحمن الرحيم

Q: If sexual relations are numerous during the day, or throughout the month of Ramadan, is the expiation numerous as well (according to the amount of sexual encounters)?

A: What is known from the jurisprudence of Imam Ahmad is that if it is numerous in a day and no expiation is done for the first sexual encounter, then one act of expiation suffices (for the sexual encounters throughout that day). But if there are several sexual encounters within two days, obligated upon him is an expiation for each day, that’s because every day is an independent worship.

Translated by Najeeb Al Anjelesi

Source: فتاوى في أحكام الصيام 

بسم الله الرحمن الرحيم

Q: A man along with his family intends to travel during the daytime in Ramadan, during that day he has relations with his wife and afterwards travels, is there anything against him? As some people say that there is nothing upon him because when Anas ibn Malik intended to travel he broke his fast on the ship (while it was still docked).

A: First off; upon him is a sin, upon him is to make up this day, and upon him is the expiation for sexual relations during the day of Ramadan. This is due to the prohibition of the man using the concession for a journey unless he actually leaves the land. As for prior to departure he is still (considered in Islam) to be a resident.

As for what is reported from Anas, while in Al Fustat, he wanted to travel and the ship was onshore, his (traveling) provisions were brought and he broke his fast, then this opposes what the companions were upon. And Allah says:

…أو على سَفَرٍ…

“…or on a journey…” [Al-Baqarah: 184]

So if the man is a student of knowledge, a he understands that it is permissible for him (to break his fast) as a result of this narration, then there is nothing upon him. However I hold the opinion that it is binding upon the small students of knowledge to not be hasty in passing religious verdicts upon themselves, because they do not possess knowledge as it relates to determining the more probable between evidence.

Translated by Najeeb Al Anjelesi

Source: فتاوى في أحكام الصيام 

بسم الله الرحمن الرحيم

Q: A man comes to Mecca at night (during the month of Ramadan) and in the morning has sexual relations with his wife, while he and she are fasting, what is the ruling concerning this?

A: The man and his wife who came to Mecca to perform the lesser pilgrimage (umrah) and they do so during the night, then the morning hours come while they are fasting, and during that day they have sexual relations, there is nothing made binding upon them except the making up of that day. This is because it is permissible for the traveler to break his fast, regardless if he breaks it by eating, drinking, or sexual relations, due to the fasting of the traveler not being obligatory. Just as Allah says:

فمنْ كان منكم مريضًا أو على سفرٍ فعدَّةٌ من أيَّامٍ أخر

“…so whoever among you is sick or on a journey, then his time is made up from other days…” [Al-Baqarah: 184]

As for the man who has sex with his wife in their place of residents during the daytime hours of Ramadan while both are fasting, five matters result from this:

1. A sin.
2. Ruining of the fast.
3. The obligation of refraining from whatever breaks the fast for the remainder of the day.
4. Making up that day.
5. Expiation, and it is either; freeing a slave, and if he can not find one; fasting two consecutive months, and if he is unable; feeding sixty poor people.

 Translated by Abu Abdil Waahid Najeeb Ibn Yusuf Al Anjelesi

Source: فتاوى في أحكام ألصيام

بسم الله الرحمن الرحيم

Q: The Messenger’s -sallahu alayhi wa salaam- statement, “when Ramadan comes the gates to paradise are opened, the gates to the fire are closed, and the devils are shackled.” So does this mean that whomever dies during Ramadan will enter paradise without any reckoning? We hope to receive clarity from you in this matter, may Allah reward you.

A: The affair is not like this. On the contrary, the meaning is that the gates of paradise are opened as encouragement for the workers, in order to make easy for them the entering of paradise. The gates of the Fire are closed is for the purpose of the people of faith abstaining from sin so that they will not enter these gates. What is not intended is that whoever dies in Ramadan will enter paradise without reckoning, as the only ones who will enter paradise without reckoning are those whom the Messenger -sallahu alayhi wa salaam- described in his statement: “They are those who did not request ruqya (performed on them), cauterization, nor did they rely on omens. In their Lord they were truly relied upon.” That is along with executing what is binding upon them from righteous actions.  

Translated by Abu Abdil Waahid Najeeb Al Anjelesi

Source: فتاوى في احكام الصيام