Fath al-Rabbani

Benefits: … This narration is brief here; in Sahih Bukhari, the mention of freeing a slave and fasting for two consecutive months is present.

The rulings established from these ahadith are as follows:

(1) Whoever has intercourse while fasting, the following expiation (kaffarah) becomes obligatory upon him: freeing a slave; if he does not have the means, then fasting for two consecutive months; and if he is unable to do even that, then feeding sixty needy people. From hadith number (3821), it is understood that one who cannot afford to free a slave should give charity in the form of a camel; if he cannot afford that, then he should adopt the ruling of fasting. Hasan al-Basri has also given the fatwa regarding the validity of a camel in this expiation.

(2) This expiation is for violating the sanctity of the fast; therefore, even after fulfilling this expiation, making up (qada) for the fast is still required.

(3) If a person is unable to fulfill any aspect of the expiation, he will be absolved without doing anything further. This is also proven from this blessed hadith, and this is also the requirement of the law stated in {لَایُکَلِّفَ اللّٰہُ نَفْسًا اِلَّا وُسْعَھَا}.

(4) A very critical issue is whether, in such a case, expiation is obligatory upon the woman or not? And if it is, why is it not mentioned in this hadith? Undoubtedly, the same offense for which the husband is required to give expiation is also found in the woman. This is why, for the crime of adultery, both the man and the woman—whether married or unmarried—receive the same punishment (i.e., the punishment for adultery is the same for both men and women, not different; although there is a difference in the punishment for married and unmarried individuals). Therefore, a woman who has intercourse while fasting will separately give her own expiation. As for the question of why the Messenger of Allah sallallahu alayhi wa sallam did not mention the wife’s expiation on this occasion, the answer is that it was the noble habit of the Prophet sallallahu alayhi wa sallam that he would focus his attention on the criminal who stood before him, and would not, on his own initiative, investigate other related offenders. Examples of this kind related to adultery will be mentioned in the Book of Hudud, which begins with hadith number (6621). However, if the other offender was mentioned explicitly, then the Prophet sallallahu alayhi wa sallam would also investigate that case, as when he sent Sayyiduna Anas radi Allahu anhu to a woman with the instruction that if she confessed to the crime, she should be stoned. The reason for this investigation was that, on that occasion, the woman was mentioned twice as an offender; in such cases, it befits the ruler to take the matter of the other offender seriously as well. Now, since the man who had intercourse while fasting did not mention his wife as an offender—in fact, in one narration, the words are: “I had intercourse with my wife while I was fasting”—and it is also possible that the wife, due to some excuse, was not fasting at all, or was compelled by her husband, or temporarily forgot about the fast. Imam Khattabi has also mentioned these reasons.

Imam Abu Hanifah, Imam Malik, Imam Abu Thawr, Imam Ibn al-Mundhir, and according to one narration, Imam Ahmad, all hold the view that the wife will have a separate expiation.

(5) From these ahadith, one should also realize how important the legal boundaries (hudud) of Allah are, that when a husband, without regard for the sanctity of the fast, has intercourse with his wife, he is made responsible for such a great expiation.