Shar’i Ruling on Breaking an Oath and Sexual Acts During Fasting
Source: Aḥkām wa Masāʾil, Masāʾil al-Nikāḥ, Vol. 1, p. 325
❖ Question (Summary)
A man swore an oath that he would not have marital relations with his wife for ten days. However, before ten days passed, he:
✿ Kissed her
✿ Embraced her
✿ Ejaculated as a result of this act
(Note: Intercourse did not take place.)
The questions are:
➊ Did this break his oath?
➋ Is kaffārah (expiation) obligatory upon him?
➌ If the same act occurs while fasting, does the fast break or not?
➍ What are the evidences from Qur’an and Hadith?
❖ Answer
Al-ḥamdu lillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh, Ammā baʿd!
➊ Did the oath break?
✿ Yes, the oath has been broken, because:
- He had sworn not to have marital relations with his wife for ten days.
- Although no intercourse occurred, kissing, embracing, and intimacy that results in ejaculation are included in the spirit of marital relations.
- Thus, this act contradicts his oath, and therefore, it is considered broken.
➋ Is kaffārah (expiation) obligatory?
✿ Yes, kaffārah is obligatory in this case, because:
- Breaking a binding oath requires kaffārah as per the Sharīʿah.
- Allah says:
“لَا يُؤَاخِذُكُمُ اللَّهُ بِاللَّغْوِ فِي أَيْمَانِكُمْ وَلَٰكِن يُؤَاخِذُكُم بِمَا عَقَّدتُّمُ الْأَيْمَانَ ۖ فَكَفَّارَتُهُ إِطْعَامُ عَشَرَةِ مَسَاكِينَ مِنْ أَوْسَطِ مَا تُطْعِمُونَ أَهْلِيكُمْ أَوْ كِسْوَتُهُمْ أَوْ تَحْرِيرُ رَقَبَةٍ ۖ فَمَن لَّمْ يَجِدْ فَصِيَامُ ثَلَاثَةِ أَيَّامٍ ۚ”
(Sūrah al-Mā’idah, Āyah 89)
✿ According to this verse, the kaffārah is one of the following:
❀ Feeding ten poor people from average food you provide to your family
❀ Or clothing them
❀ Or freeing a slave
❀ If unable to do any of these, then fasting for three days
➌ If the same act happens while fasting, does the fast break?
✿ Yes, if such an act occurs during fasting and results in ejaculation, the fast is invalidated.
- Even if intercourse did not occur, ejaculation through kissing and embracing is considered to break the fast.
➍ Evidence from Qur’an and Hadith
The Prophet ﷺ said:
“يدع طعامه وشرابه وشهوته من أجلي”
(Saḥīḥ al-Bukhārī, Kitāb al-Ṣawm, Ḥadīth 1894)
✿ This Hadith makes it clear that a fasting person must abstain not only from food and drink, but also from sexual desire.
✿ Hence, when ejaculation occurs due to physical intimacy, it violates the objective of fasting and nullifies it, as affirmed by the Fuqahā’.
❖ Conclusion
✿ The oath in this case is broken, and kaffārah is obligatory.
✿ If such an act occurs during fasting and ejaculation takes place, the fast is invalidated.
Hādhā mā ʿindī wallāhu aʿlam biṣ-ṣawāb
