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Fatwas / Fasting / What is the ruling of sexual intercourse during the day in Ramadan for a person who i

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Dear respected Shaykh, assalamu alaikum wa rahmatullahi wa barakatuh. What is the ruling of sexual intercourse during the day in Ramadan for a person who intends to travel?

ما حكم الجماع في نهار رمضان لمن نوى السفر؟

Answer

Praise be to Allah, and may Allah’s peace and blessings be upon the Messenger of Allah, his family and his companions.   Wa alaikum assalam wa rahmatullahi wa barakatuh.   As to what follows:   In response to your question, we say:     It is compulsory for a Muslim to be careful in his religious affairs and not to hasten in issues like these which result in some rulings and culpability. Having sexual intercourse before travelling is based on an issue which is: is it permissible for  a person who intends to travel on any of the days of Ramadan to take advantage of the concessions for travelers before starting his journey? The majority of the scholars are of the opinion that  he should not benefit from the travelers’ concessions before embarking on the journey. Some scholars among them said, “If he starts the day whilst fasting and then travels during the day the it is compulsory for him to complete that day  while fasting.” This is the opinion of Imam Shafi and Malik. However, this opinion is contrary to the preponderant opinion. Regarding  the issue in question; if the husband and wife engage in sexual intercourse before travelling, based on the fact that it is permissible for them to break their fast, then nothing is incumbent upon them. They should learn the religion, gain knowledge and not engage in such an action in the future. They should make up for this day.   However, if the husband and wife engage in sexual intercourse before travelling while doubting its permissibility, or if they said, “We will enjoy what we desire and look at the ruling of that in the future,” then in this case they are both sinful, and they should repent to Allah the Exalted, and expiation is incumbent upon them. Expiation  is freeing a slave, if they cannot find a slave, then they should fast for two consecutive months, if they cannot do this, then they should feed sixty poor people. 


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