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Fatwa CenterA traveler had sexual intercourse with his wife after returning during the daytime in Ramadan
Question
I was travelling one day last Ramadhaan, so I did not fast that day according to the concession granted to the traveler. That day, when I returned home, I had sexual intercourse with my wife. Is the expiation due upon me making up for that day only or fasting two consecutive months? I asked a scholar and he gave me a Fatwa that I am required to fast two consecutive months. He said that making up for the day of fasting is the expiation for eating and not for having sexual intercourse. Would you please advise? May Allaah reward you.
Answer
All perfect praise be to Allaah, the Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His Slave and Messenger.
There is no doubt that the person who has sexual intercourse during the daytime in Ramadan is required to make up for that day along with the expiation. The expiation is freeing a slave; if he cannot, he will be required to fast two consecutive months, and if he cannot, he will be required to feed sixty poor persons. It was narrated on the authority of Abu Hurayrah 
that he said, "A man came to the Prophet, sallallaahu ‘alayhi wa sallam, and said, ‘I am ruined.' The Prophet, sallallaahu ‘alayhi wa sallam, asked: 'What is wrong with you?' The man said, 'I had sexual intercourse with my wife during (the daytime in) Ramadan.' Upon this, the Prophet, sallallaahu ‘alayhi wa sallam, asked: 'Can you find a slave to set free?' He said, 'No'. The Prophet, sallallaahu ‘alayhi wa sallam, asked: 'Can you fast two consecutive months?' He replied, 'No'. The Prophet, sallallaahu ‘alayhi wa sallam, asked: 'Can you feed sixty poor people?'………" [Al-Bukhari and Muslim]
As the questioner was not fasting that day due to being a traveler, according to the sound view, he was not required to observe fasting when he arrived. Consequently, he is not blameworthy for having sexual intercourse with his wife if she was not fasting. If he had sexual intercourse with her while she was fasting and this was by her choice, she would be required to offer the expiation. If he forced her to do so, then she would not be required to offer the expiation. According to another opinion however, she has to expiate and her husband would be required to offer the expiation on her behalf.
Allaah Knows best.
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