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QUESTION 29
What is the ruling on the one who has sexual intercourse in the daytime of Ramadaan whilst he was fasting? Is it permissible for the traveler, who has broken his fast, to have carnal relations with his wife?
For the one who had sexual intercourse with his wife in the daytime of Ramadaan whilst fasting, he has to fulfill the penalty for that act.
He has to free a believing slave. If he is unable to do this, then he has to fast for two consecutive months. If he is unable to do that, then he has to feed sixty poor people. Every poor person is to be given around 1.087kg (rice, dates…). On top of that, he has to continue fasting that same day the violation occurred and repent to Allaah for the sin he committed.
As for the traveler or the sick person who has a sickness that permits him to break his fast, then there is no penalty upon him. He just has to make up the day he broke his fast (after Ramadaan). This is because it is permissible for the sick and the traveler to break their fast by carnal relations or other means.
Allaah said:
وَمَن كَانَ مَرِيضًا أَوْ عَلَىٰ سَفَرٍ فَعِدَّةٌ مِّنْ أَيَّامٍ أُخَرَ
So, whoever is sick from amongst you or traveling, then they can make up their fasting days in the days after.
(Al Baqarah, 2:185)
The ruling of the woman in this situation mirrors that of the man if her fast is that of an obligatory fast. She has to pay the same penalty and compensation. If she is a traveler or is afflicted with a sickness that makes fasting difficult, then no penalty is upon her. She makes up the fast she missed due to her traveling or being sick.
See 30 Questions and Answers on Fasting in Ramadaan by ‘Allāmah Abdul-‘Azīz Ibn Bāz, translated by ‘Abi ‘Abdir-Raḥmān Uways Onwordi at-Taweel
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