Question 1644: What is the ruling for a man who forcibly has sexual intercourse with his wife during the day in Ramadan?
✅ Answer: Please refer to the following narrations:
1⃣عَنْ عَلِیِّ بْنِ مُحَمَّدِ بْنِ بُنْدَارَ عَنْ إِبْرَاهِیمَ بْنِ إِسْحَاقَ الْأَحْمَرِ عَنْ عَبْدِ اللَّهِ بْنِ حَمَّادٍ عَنِ الْمُفَضَّلِ بْنِ عُمَرَ عَنْ أَبِی عَبْدِ اللَّهِ فِی رَجُلٍ أَتَی امْرَأَتَهُ وَ هُوَ صَائِمٌ وَ هِیَ صَائِمَةٌ فَقَالَ إِنْ کَانَ اسْتَکْرَهَهَا فَعَلَیْهِ کَفَّارَتَانِ وَ إِنْ کَانَتْ طَاوَعَتْهُ فَعَلَیْهِ کَفَّارَةٌ وَ عَلَیْهَا کَفَّارَةٌ وَ إِنْ کَانَ أَکْرَهَهَا فَعَلَیْهِ ضَرْبُ خَمْسِینَ سَوْطاً نِصْفِ الْحَدِّ وَ إِنْ کَانَتْ طَاوَعَتْهُ ضُرِبَ خَمْسَةً وَ عِشْرِینَ سَوْطاً وَ ضُرِبَتْ خَمْسَةً وَ عِشْرِینَ سَوْطاً.
📚 *Al-Kafi, Vol. 4, p. 103*
📚 *Al-Faqih, Vol. 2, p. 117*
📚 *Al-Tahdhib, Vol. 4, p. 215*
Imam Sadiq (peace be upon him) said regarding a fasting man who has intercourse with his fasting wife: If the man forces her into this act, he must pay two expiations (kafarah). If the woman agrees and cooperates with the man, one expiation is on the man and one is on the woman!
If the man forces the woman into this act, he will be subjected to fifty lashes, which is half the legal punishment (hadd). If the woman agrees and cooperates, both the man and the woman will receive twenty-five lashes each!
✅ According to the narration above, which has been reported by the three Shaykhs and others in their books, if a man forcibly has intercourse with his fasting wife during the day in Ramadan, his fast is broken and he must pay two expiations for deliberately breaking the fast. However, the woman's fast is not affected, and she continues her fast because the intercourse was done under force and coercion, so nothing is required of her.
But if the fasting woman agrees and cooperates with her husband for intercourse during Ramadan, both of their fasts are broken, and each must pay one expiation for deliberately breaking their fast.
✅ If the man forcibly has intercourse with his fasting wife during the day in Ramadan but refuses to pay the expiation, there is no obligation on the woman, and nothing is required of her.
✅ This transgression, committed by the man or both of them, results in the imposition of lashes on the man or both of them, as mentioned in the narration. However, as usual, we must raise our hands in prayer for its implementation:
اللَّهُمَّ صَلِّ عَلَی مُحَمَّدٍ وَ آلِ مُحَمَّدٍ وَ عَجِّلْ لِوَلِیِّکَ الْفَرَجَ وَ الْعَافِیَةَ وَ النَّصْر
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