Having Intercourse Whilst Fasting, inside and outside Ramaḍān
Question :
“The impermissibility of intercourse in the days of Ramaḍān, is it specific to Ramaḍān or is it applied all other fasts?”
Answer :
“That which is tied to a penalty (kaffārah), is the days of Ramaḍān; as for other than Ramaḍān then the fast becomes invalid but there is no kaffārah. Because from those things that invalidate a fast is intercourse. So if intercourse occurs, in other than the days of Ramaḍān, and he is fasting the fast becomes invalid.
What is fasting?
Fasting is al-Iʾmsāk (restraint), for the purpose of worshiping Allāh, from eating, drinking, intercourse and all the other things that break the fast from the rising of the sun up until it sets. This is what fasting is in the sharīʿah, worshiping Allāh by way of al-Iʾmsāk from eating, drinking, intercourse and all the other things that break the fast from this rising of the true dawn until sunset.
So if one of these things were to occur, if he was to eat in the day time, other than Ramaḍān, while fasting, would his fast be correct? Everyone would say he is not fasting, his fast is done, invalidated. Likewise if he was to drink or approach his family (intercourse, it would also be invalid) however is there a kaffārah? The people of knowledge differed, and what’s most correct is that there is no kaffārah, surely the kaffārah is for the one who was fasting Ramaḍān.”
And this is what Al-Bukharī and others saw to be correct.”
Answered by: Shaykh, Ḥāfiẓ, al-Muḥaddith, al-Faqīh, Abū ʿAbd al-Raḥmān Jumʿān Ibn Ramaḍān Laḥmar (حفظه الله ورعاه)
Source: https://t.me/jumaanlahmar/1844?single
Translated by : ʾAbū ʿAbd Allāh Bassām Ibn ʿAbd Allāh al-Tanzānī وفقه الله