He Thought That Making Up A Missed Fast Was Like A Voluntary Fast And That It Was Permissible To Break It
EsinIslam
Ramadan
The Awqaf -
Living Shariah
I came to my wife (and had intercourse with her)
during the day when she was fasting to make up a day
that she had missed in Ramadaan, because I thought
that the ruling on a fast observed to make up a missed
fast was like the ruling on a voluntary fast. Then I
heard something to the contrary. What is the ruling on
this issue? Do I have to do anything?.
Praise be to Allaah.
Making up missed Ramadaan fasts is obligatory, and it
is not permissible for a person to break such a fast
unless there is a legitimate shar'i reason. If a
person starts to make up a missed fast, then he must
complete it. He is not like one who is observing a
naafil fast, because in that case he is in charge of
the matter; if he wishes he may break his fast and if
he wishes he may continue it.
See question no. 49985.
It was narrated that Umm Hani' (may Allaah be pleased
with her) said: "O Messenger of Allaah, I broke my
fast when I was fasting." He said to her: "Were you
making up anything?" She said: No." He said: "Then it
does not matter if you were observing a voluntary
fast." Narrated by Abu Dawood, 2456. Classed as saheeh
by al-Albaani. This indicates that it would matter if
she broke her fast when observing an obligatory fast.
What is meant by "it would matter" here is that it
would be a sin.
With regard to what happened between you, the
expiation for intercourse is only required in the case
of intercourse during the day in Ramadaan itself.
Based on this you do not have to do anything, and all
she is required to do is to make that day up again.
And you (both) have to repent to Allaah and resolve
not to do such a thing again.
Ibn Rushd said: The majority are agreed that no
expiation is required for deliberately breaking a fast
observed to make up a missed Ramadaan fast, because it
does not come under the same category with regard to
sanctity of time, i.e., Ramadaan.
Bidaayat al-Mujtahid, 2/80
It says in Fataawa al-Lajnah al-Daa'imah, 10/352:
Expiation is only required of one who has intercourse
during the day in Ramadaan because of the sanctity of
that time. With regard to a fast observed to make up
for a missed fast, no expiation is required, according
to the more sound of the two scholarly opinions.
Ramadan Team
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