Kafārah for Intimacy During Fasting: Is It Only on the Man or Both?
✍ Answered by: al-Faḍīl al-Shaykh ʿAbd al-Wakīl Nāṣir ḥafiẓahullāh & al-Bāḥith Dāʾūd Ismāʿīl ḥafiẓahullāh
❖ Question:
If a man goes to his wife during the daytime while fasting in Ramadan, is the kafārah (expiation) only obligatory upon him, or upon the woman as well?
❖ Answer:
The ruling depends on the intention and consent of the woman involved:
✔ 1. If Both Husband and Wife Were Willing Participants:
If both deliberately and willingly violated the sanctity of the fast and engaged in intercourse, then:
➡ Kafārah is obligatory upon both.
✔ 2. If the Woman Was Forced or Coerced:
If the man forced the woman against her will and she had no intention of breaking her fast:
➡ Kafārah is only upon the man.
✔ 3. Opinion of Some Scholars – Kafārah Only on the Man:
Some scholars hold the opinion that:
➡ Kafārah is not obligatory upon the woman, based on the following reasoning:
① The incident presented to the Prophet ﷺ:
A man came to the Prophet ﷺ saying that he had relations with his wife during fasting. The Prophet ﷺ only imposed kafārah on the man and did not ask or mention anything regarding the woman.
② Scholars’ deduction:
If the kafārah had also been due from the woman, the Prophet ﷺ would have clarified it.
③ Prophetic silence is a hujjah (proof):
Therefore, based on the silence of the Prophet ﷺ in that incident, some scholars conclude that no kafārah is due upon the woman.
✅ Conclusion:
The stronger opinion is that:
◈ If both were consenting, the kafārah is upon both.
◈ If the woman was coerced, only the man bears the kafārah.
◈ However, some scholars lean towards the view that kafārah is exclusive to the man, citing the specific hadith incident as evidence.
