A husband, who is not fasting during Ramadan, forcibly commits sex with his wife who is herself fasting. The wife has tried very hard to stop her husband but fails. What would be the necessary action in this situation for the wife? Does she have to fast for one (1) day or sixty one (61) days?

Answered according to Hanafi Fiqh by Darulifta-Deoband.org

بسم الله الرحمن الرحيم

(Fatwa: 1654/1226/H=11/1434)

The wife tried her level best to stop the husband but the husband did intercourse forcibly then only qaza is wajib on wife and no kaffarah is wajib in this case.
ويجب القضاء لو افطر خطأ او مكرها هـ (ويجب القضاء بلا كفارة (لو افطر خطأ)….او اكل مكرها وكذالجماع اهـ مجمع الانهر ج 1 ص 355
In short, her fast was invalid. She will have to make only the qaza of one fast. It is not wajib on her to keep 60 fasts of kaffarah.

Allah knows Best!

Darul Ifta,
Darul Uloom Deoband

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