A man had sexual intercourse with his wife in the daytime during the month of Ramadan. What (penalty) is upon him if he did not know it is haraam?
Question:
A man had sexual intercourse with his wife in the daytime during the month of Ramadan. What (penalty) is upon him if he knew that it is not permissible and what (penalty) is upon him if he did not know?
Answer:
If he did not know that it is not permissible, there is no (penalty) upon him because the rulings of the religion are only applied once known.
This individual did not know this action is not permissible. (Perhaps) he thought eating and drinking are what invalid your fast, not sexual intercourse, just eating and drinking. This is pertinent for someone that is new to Islam and perhaps unaware (of its rulings). Similar to him is a Bedouin that is far away from knowledge and scholars, perhaps he may (also) think that (only) eating and drinking are haraam.
{وَكُلُوا۟ وَٱشْرَبُوا۟ حَتَّىٰ يَتَبَيَّنَ لَكُمُ ٱلْخَيْطُ ٱلْأَبْيَضُ مِنَ ٱلْخَيْطِ ٱلْأَسْوَدِ مِنَ ٱلْفَجْرِۖ ثُمَّ أَتِمُّوا۟ ٱلصِّيَامَ إِلَى ٱلَّيْلِۚ}
And eat and drink until the white thread of dawn becomes distinct to you from the black thread [of night]. Then complete the fast until the sunset.
[Al-Baqarah 2:187]
(Perhaps he thinks) Allah has (only) made this forbidden for us in the Quran, he does not know The Sunnah or anything else. He is ignorant and unaware of the basics. This exists, so do not be surprised by it.
In this case, if he did not know this ruling that it is haram to have sexual intercourse in the daytime during the month of Ramadan, there is no (penalty) upon him because the rulings of the religion are only applied once known.
If he was aware in basic terms that this action is haraam but did not know the exact consequences of it, the ruling of the expiation is applied upon him.
A man came to The Prophet ﷺ and said: ‘I have perished Oh Messenger of Allah’ ﷺ. He ﷺ said: ‘What has caused you to perish?’. The man said: ‘I had sexual intercourse with my wife during the daytime in Ramadan‘
[Narrated by Abu Huraira in Bukhari: Hadith Number 1936 and Muslim: Hadith Number 1111]
He did not know the consequence but he knew it was haraam. The evidence for this is his statement ‘I have perished’. Despite this, the consequences of his action were applied when The Prophet ﷺ ordered him to perform the expiation: to free a slave and if he is unable; to fast two consecutive months and if he is unable to; feed 60 poor people. This is the expiation for having sexual intercourse in the daytime during Ramadan.
Thus, whoever is aware of the prohibition is bound by its consequences and whoever is unaware of its prohibition, (whereby he thinks) that it does not break your fast and only food and drink are forbidden for us, there is no (penalty) upon him. Rather, he is (to be) taught and the matter is to be clarified to him.
As for his fasting, it is invalid (in both cases). If he was unaware of the ruling, he fasts that day again and if he was aware, fasting that day again will not benefit him, instead he must repent.
Answered by: Shaykh Abu Bilaal Al Hadhramy – may Allah preserve him
Source: https://t.me/abubilalhami/2685
Answered on: 17th Safar 1441 (15th October 2019)
Translated by: Abu Sufian Saami ibn Daniel Al-Ghaani