What is the ruling on a husband having intercourse with his wife during the daytime in Ramadan without ejaculation, and what is incumbent upon the wife if she was ignorant of the ruling?
If a man has intercourse with his wife during the daytime in Ramadan while he is a fasting resident, he must offer a severe expiation (kaffarah mughalladhah): freeing a slave. If he cannot find one, then fasting for two consecutive months. If he is unable to do that, then feeding sixty poor people. The woman is likewise subject to the same ruling if she was consenting; however, if she was forced, nothing is incumbent upon her.
There is no sin or expiation for a traveler who has intercourse during the daytime in Ramadan, but both of them must make up that day. Similarly, there is nothing incumbent upon someone who breaks their fast out of necessity, such as saving an innocent person, and then has intercourse on that day of breaking the fast.
Five things are incumbent upon a fasting person who has intercourse in his hometown and is obligated to fast: sin, invalidation of the fast, the necessity to refrain from eating and drinking (imsak), the obligation to make up the day (qada'), and the obligation of expiation (kaffarah). The evidence for the expiation is the hadith of Abu Hurairah concerning the man who had intercourse with his wife during the daytime in Ramadan. The expiation is waived for one who is unable to fulfill it. There is no difference in the expiation between ejaculation and its absence, as long as intercourse has occurred. As for ejaculation without intercourse, it incurs sin, the necessity to refrain, and the obligation to make up the day, but no expiation.
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