Do the husband and wife owe make-up (qada’) and expiation (kaffarah) if sexual intercourse occurred during the daytime in Ramadan—with full penetration but without ejaculation—given that the wife was unaware that mere penetration invalidates the fast, and she was already not fasting due to pregnancy, and they were both overwhelmed by desire?
Sexual intercourse during the daytime in Ramadan is forbidden, and it is considered one of the major sins. It necessitates making up the fast (qada') and offering expiation (kaffarah) by scholarly consensus, except for someone who was ignorant of the ruling, in which case there is no expiation according to the most preponderant opinion. However, knowing the prohibition while being ignorant of the obligation of expiation does not waive the expiation or the making up of the fast.
It is not permissible for the wife to allow her husband to have intercourse while he is fasting, due to the Almighty's saying: "And do not cooperate in sin and aggression."
The wife must repent if she knew of the prohibition. If she was ignorant, she must repent for her negligence in learning the rulings of fasting.
There is no expiation for the wife as long as she broke her fast due to pregnancy, based on the recommendation of a trustworthy female doctor.
As for the husband, he must make up the fast and offer expiation if he knew of the prohibition. If he was ignorant of it, there is nothing upon him except repentance for his negligence in learning what is obligatory.
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- 137402
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