Answered by Shaykh Umer Mian
Question: Assalam’aleykum
I was fasting today with the intention of making up my Ramadan fast but my husband broke my fast by having intercourse with me and told me that it will be ok because it is not Ramadan. Will I have to make up today’s fast also?
Answer: Wa alaikum as-salam wa rahmatullahi wa barakatuhu
You only have to make up the Ramadan fast. When you started that makeup fast, your intention was not to initiate a new fast, but rather to make up a fast that was already upon you. Hence, when the makeup fast was invalidated, the obligation of making up the original fast remains and no additional obligation is added. Also, there is no kaffarrah (expiation) for invalidating fasts outside the month of Ramadan.
However, please be aware that the permissibility of invalidating a fast one has started (what your husband may have been thinking of) is only for nafl (supererogatory) fasts. Qada (makeup) of missed Ramadan fasts is not nafl, but rather it is fard (obligatory). Hence, if one is fasting a qada of a Ramadan fast, it would be makruh tahreeman (prohibitively disliked) to invalidate the fast (e.g. by eating, drinking, or having intercourse).
Similarly, the right of the husband to prohibit his wife from fasting extends to nafl fasts only. If the wife has qada fasts that need to be done, the husband has no right to prevent her from performing these fasts. It is mustahabb (recommended) to perform such makeups as soon as possible because they are an obligation owed to Allah Most High.
لَا يُكْرَهُ فِطْرُهُ لَوْ صَائِمًا غَيْرَ قَضَاءِ رَمَضَانَ (الدر المختار عن الأشباه)
[ قَوْلُهُ لَوْ صَائِمًا غَيْرَ قَضَاءِ رَمَضَان ] أَمَّا هُوَ فَيُكْرَهُ فِطْرُهُ لِأَنَّ لَهُ حُكْمُ رَمَضَانَ كَمَا فِي الظَّهِيرِيَّةِ (رد المحتار)
لِلزَّوْجِ أَنْ يَمْنَعَ زَوْجَتَهُ عَنْ كُلِّ مَا كَانَ الْإِيجَابُ مِنْ جِهَتِهَا كَالتَّطَوُّعِ وَالنَّذْرِ وَالْيَمِينِ دُونَ مَا كَانَ مِنْ جِهَتِهِ تَعَالَى كَقَضَاءِ رَمَضَانَ (رد المحتار عن بحر الرائق)
Wassalam,
Umer