Mukadimah
Alhamdulillah, praise and thanks to Allah for the countless blessings He has blessed us all with. Blessings and salutations to the Prophet Muhammad PBUH, his wives, his family, companions and all those that follow his teachings to the day of judgement.
Among the recurring question in Ramadhan is the related rulings of the interactions of a husband and wife during the day in Ramadhan. In this series of Irsyad Fatwa Ramadhan Edition we will share several topics related to this issue.
The Ruling of Kissing and Intimacy While Fasting
Saidatuna Ummul Mukminin A’isyah R.Anha said:
كَانَ رَسُولُ اللَّهِ صلى الله عليه وسلم يُقَبِّلُ إِحْدَى نِسَائِهِ وَهُوَ صَائِمٌ
“The Messenger of Allah (ﷺ) kissed one of his wives while he was fasting,”
Sahih Muslim (1106)
In another narration, Saidatuna A’isyah R.Anha said:
كَانَ رَسُولُ اللَّهِ صلى الله عليه وسلم يُقَبِّلُ وَهُوَ صَائِمٌ وَيُبَاشِرُ وَهُوَ صَائِمٌ وَلَكِنَّهُ كَانَ أَمْلَكَ لإِرْبِهِ
“The Messenger of Allah (ﷺ) used to kiss and embrace while he was fasting, but he was the one of you who had most control over his desire.”
Sunan Abu Daud (2382)
According to the above hadiths, we know that the Prophet PBUH himself kissed and embrace his wife.
Whereas an opinion in madhhab al-Imam al-Syafie as stated by Imam al-Nawawi is as the following:
We have stated that in our madhhab it (kissing and intimacy) is makruh (undesirable) for those who are easily controlled by his desires. While it is not makruh for others (who is able to control his desires) and it is prioriitzed to be avoided. If a person in control of his desires kisses his wife and did not ejaculate, then his fast is not invalidated.
Imam Ibn al-Munzir said: (Among others) who gave the facilitation (rukhsah) in kissing are Umar, Ibn Abbas, Abu Hurairah, A’isyah, Atha’, al-Sya’bi, al-Hasan, Ahmad, and Ishak. While Sa’ad Ibn Abi Waqqas does not consider being intimate with one’s wife is an issue (while fasting). Ibn Umar restricted this matter. See al-Majmuk Syarah al-Muhazzab, al-Nawawi (6/355).
Another thing that we would like to state, if a person was intimate with his wife on parts other than the vagina and he ejaculates or he was kissing his wife then he ejaculates, then his fast is invalidated. If he did not ejaculate, then his fast is not invalidated.
This is in accordance with a hadith narrated by Saiduna Umar Ibn al-Khattab RA, where he said:
يَا رَسُولَ اللَّهِ صَنَعْتُ الْيَوْمَ أَمْرًا عَظِيمًا قَبَّلْتُ وَأَنَا صَائِمٌ قَالَ أَرَأَيْتَ لَوْ مَضْمَضْتَ مِنَ الْمَاءِ وَأَنْتَ صَائِمٌ
“Messenger of Allah, I have done a big deed; I kissed while I was fasting. He said: What do you think if you rinse your mouth with water while you are fasting.”
Sunan Abu Daud (2385)
When commenting on this hadith, Imam al-Nawawi Rahimahullah said: Rasullullah PBUH compared the act of kissing with gargling. And it is sabit that if a person was gargling and the water reaches into his open cavity, then it invalidates his fast. If the water did not reach it, then his fast is not invalidated. The same applies for kissing. Refer al-Majmuk Syarah al-Muhazzab, al-Nawawi (6/321).
The Ruling of Having Intercourse During the Day in Ramadhan
Having intercourse with one’s spouse during the day in Ramadhan is haram. This is in accordance with the statement of Allah SWT:
أُحِلَّ لَكُمۡ لَيۡلَةَ ٱلصِّيَامِ ٱلرَّفَثُ إِلَىٰ نِسَآئِكُم
“It has been made permissible for you the night preceding fasting to go to your wives [for sexual relations].”
Surah al-Baqarah (187)
The methodology employed to understand the above hadith is through mantuq and mafhum in usul al-fiqh. Mantuq means what is uttered (literal/apparent) while mafhum (implied/inherent) means what is understood from the verse that is uttered.
When Allah SWT states that it is permissible to have intercourse with one’s wife during the night on the day of fasting, then this is mantuq (what is uttered). While what is understood from this verse (mafhum) is that it is haram to have intercourse with one’s wife during the day of fasting.
The Repercussions for Those Who Have Intercourse During the Day in Ramadhan
The repercussions for anyone who had intercourse with his spouse during the day in Ramadhan is as the following:
First: The fast is invalid and it is wajib to qadha’ (replace) the fast for both of them. The reason is the act of having intercourse during the day in Ramadhan is included as matters which invalidates the fast. This is according to the statement of the Prophet PBUH:
وَصُمْ يَوْمًا مَكَانَهُ
“And fast on another day to replace it.”
Sunan Ibn Majah (1671)
Second: Whoever has intercourse with his wife during the day in Ramadhan, then he is fined with kaffarah in the following order (tartib):
- Freeing a slave
- Fast for two months consecutively
- Feed 60 poor people
This is according to a story of a Bedouin who came to meet the prophet PBUH, as narrated in a hadith from Abu Hurairah RA:
أَتَى النَّبِيَّ ـ صلى الله عليه وسلم ـ رَجُلٌ فَقَالَ هَلَكْتُ . قَالَ " وَمَا أَهْلَكَكَ " . قَالَ وَقَعْتُ عَلَى امْرَأَتِي فِي رَمَضَانَ . فَقَالَ النَّبِيُّ ـ صلى الله عليه وسلم ـ " أَعْتِقْ رَقَبَةً " . قَالَ لاَ أَجِدُهَا . قَالَ " صُمْ شَهْرَيْنِ مُتَتَابِعَيْنِ " . قَالَ لاَ أُطِيقُ . قَالَ " أَطْعِمْ سِتِّينَ مِسْكِينًا " . قَالَ لاَ أَجِدُ
“A man came to the Prophet (ﷺ) and said: ‘I am doomed.’ He said: ‘Why are you doomed?’ He said: ‘I had intercourse with my wife in Ramadan.’ The Prophet (ﷺ) said: ‘Free a slave.’ He said: ‘I cannot.’ He said: ‘Fast for two consecutive months.’ He said: ‘I cannot.’ He said: ‘Feed sixty poor persons.’ He said: ‘I cannot.’
Sahih al-Bukhari (1936)
Does Masturbating Invalidates Fast?
The majority of the 4 madhhab scholars states that the act of masturbation or intentional ejaculation invalidates fast. This is also stated by Imam al-Nawawi Rahimahullah. See Raudhah al-Thalibin, al-Nawawi (2/356).
This is according to a hadith from Abu Hurairah RA, where the Prophet PBUH said:
يَتْرُكُ طَعَامَهُ وَشَرَابَهُ وَشَهْوَتَهُ مِنْ أَجْلِي
“He has left his food, drink and desires for My sake.”
Sahih al-Bukhari (1894)
Just as eating and drinking invalidate fast, the same for the act of a person who is overcome by his desires through masturbation, which also invalidates fast.
Likewise, Imam al-Nawawi Rahimahullah said: Indeed, we have stated that when a man intentionally ejaculates, then his fast is invalidated and he is not fined with kaffarah. See al-Majmuk Syarah al-Muhazzab, al-Nawawi (6/342).
Accidental Ejaculation; Does This Invalidate Fast?
In several situations, a man could ejaculate without kissing or being intimate with his wife.
In the book al-Majmuk Syarah al-Muhazzab, the author stated two situations where even if a person ejaculated but it does not invalidate the fast:
- If a man looks at, talazzuz (with desires), then he accidentally ejaculated, then his fast is not invalidated.
- If a person had a wet dream during the day in Ramadhan and he ejaculated, then this also does not invalidate his fast.
Both situations do not invalidate the fast because the ejaculation is not due to mubasyarah (with effort). This is the opinion stated by Imam al-Nawawi. Refer al-Majmuk Syarah al-Muhazzab (6/321).
Conclusion
Lastly, hopefully, with this brief explanation we are given understanding in this issue. Amin.