Page 37 - Demo
P. 37
Is expiation based on the order stated in the above hadith of the Prophet (pbuh) to the companion?Expiation due to spousal sexual intercourse during the daytime in Ramadan is based on the order stated in the hadith. Thus, one does not entertain the option of fasting two consecutive months unless he is unable to free a slave; and one does not move on to feeding sixty poor Muslim people unless he is unable to fast. This is the opinion of the majority of the scholars from the Hanafi, Shafa%u2019i, Hanbali, and Dhaahiri schools.Is the requirement of expiation due to intercourse in Ramadan lifted for whomever is unable to offer it?If one is unable to feed poor Muslim people, scholars have differed:First opinion: requirement of expiation is not lifted and remains pending for him. This is the opinion of the majority from Maaliki, Hanafi, Shafa%u2019i, and a report from Imam Ahmad. Additionally, it is permissible for one to offer expiation on behalf of someone else, but the fasting must be done by the person who committed the act.Second opinion: the requirement of expiation is lifted. This is based on the hadith of the Prophet (pbuh) to the companion and the fact that he ordered him to feed his family instead. He, (pbuh), did not order him to give another expiation or to do it later when he is able. This is the opinion of Hanbali and an opinion from Shafa%u2019i.Is expiation for having sexual intercourse during the daytime in Ramadan required for the husband and wife, or is it only required for the husband?The husband must make up the day and offer expiation; this is by agreement of the four main schools of thought.The majority opinion also states that the wife should also make up the day and offer expiation if she was in compliance with her husband in regard to having intercourse.Evidence for this is the sahih hadith previously mentioned that stated the command of the Prophet pbuh to the man who had intercourse with his wife to offer expiation. The general rule is that the same rules of legislation apply to men and women alike unless a specific difference is stated.Copyright %u00a9 2023 Islamic Association of Raleigh. All rights reserved. 37