Answered by Shaykh Faraz A. Khan
Question: If a person has intercourse with his wife while fasting in his Ramadan as he was newly married and couldn’t resist, what is the ruling ? Does he has to fast 60 days continuously or may he give charity equal to feeding 60 people? How much amount it would be?
Also since his wife was also fasting does the same ruling applies to her, even though she was tempted into it by her husband? What is the ruling for the husband for tempting her ?
Answer: Assalamu alaikum wa rahmatullah,
I pray this finds you in the best of health states.
The first step for both spouses is to make sincere repentance (tawba) and ask Allah for forgiveness, as that act was sinful. Yet the doors of forgiveness are always open, by His unending grace, particularly in this blessed month.
Repentance entails:
(a) Immediately ceasing the act,
(b) Feeling sincere remorse and regret,
(c) Making the firm resolution to never repeat the act. [Nawawi, Riyad al-Salihin]
For this particular sin, expiation must also be performed by both spouses, even if the act was initiated and insisted upon by the husband. He would have a greater sin, but both are responsible for the act itself, as each did so willingly. Expiation is to fast 60 consecutive days, without missing a single day. This must be done in a time without any of the days of Id/Tashriq (Shawwal 1, Dhul Hijja 10-13), since it is sinful to fast on any of those five days.
If one does not fast the 60 days consecutively, one would have to restart the 60 days.
The only exception to this ruling is for a woman in menstruation or post-natal bleeding. She would abstain from fasting on the days of menstruation/lochia, and then resume immediately upon becoming pure. If she delayed the fast after becoming pure, she would have to restart the 60 days.
Lastly, aside from the expiation, the day on which this happened would need to be made up, as the fast for that day was broken. [Tahtawi/Shurunbulali, Hashiyat Tahtawi ala Maraqi al-Falah]
Please see this related answer:
The Expiation (Kaffara) for Having Sex While Fasting
And Allah knows best.
wassalam
Faraz
Checked & Approved by Faraz Rabbani