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
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?
The ruling depends on the intention and consent of the woman involved:
If both deliberately and willingly violated the sanctity of the fast and engaged in intercourse, then:
➡ Kafārah is obligatory upon both.
If the man forced the woman against her will and she had no intention of breaking her fast:
➡ Kafārah is only upon 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.
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.
✍ 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.
