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Fatwas / Fasting / My husband had sex with me during the day in Ramadan. Is expiation compulsory upon me

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Question

Dear respected Shaykh, assalamu alaikum wa rahmatullahi wa barakatuh. My husband had consensual sex with me during the day in Ramadan. Is expiation compulsory upon me?

جامعني في نهار رمضان فهل عليّ كفارة؟

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: My opinion is that expiation is not due from a woman who has consensual sex with her husband during the day in Ramadan because the Prophet (peace be upon him) did not make it incumbent upon the wife of the Sahabi who had sexual intercourse with his wife during the day in Ramadan, even though there is a possibility that she consented to sex. Imam Ahmad was asked about if a woman who has sex with her  husband during the day in Ramadan should expiate and he answered, “I have not heard that expiation is due from a woman.” If expiation was due from a woman in this case the Prophet (peace be upon him) would have clarified that. It is known that it is impermissible to delay the clarification of an issue which requires that. And Allah knows best. May Allah guide me and you to what pleases him. Dr.  Khalid al-Mosleh   18/12/1424


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