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Can one pay for a masjid or nikah to fulfill sexual intercourse penalty during Ramadan?

Answered as per Hanafi Fiqh by Darulifta-Deoband.com
Assalamu Alaikum Mufthi Sahib, In the name of Allah, the most Gracious and most merciful. I have a question regarding that if a person observe sexual intercourse during ramadan/ fasting period, as a penalty he has to free a slave before touch each other or he has to fast for two successive months before they touch one another; and for him who is unable to do so (the penance is) the feeding of sixty needy ones. what if they don’t wish to feed 60 miskeen due to shyness? can they give that amount of money for another reason? i.e. paying off for construction of masjid or paying for a poor girl’s nikah. will this be acceptable? please advice with the knowledge Allahu Rabb gave you.

Answer

(Fatwa: 284/55/DK=1431)

This money cannot be spent in constructing mosque or in performing the nikah of poor girl. It is necessary to give the money to sixty poor persons or to a poor person for sixty days. Therefore, you cannot give it for the nikah of a poor girl in lump sum. It is better for you to consult any local aalim.

Note: The ruling of freeing slave is impractical nowadays, but the ruling of fasting for sixty days still exists. If someone is too weak and aged to keep fast, then he will have the option of feeding the poor, otherwise one will be asked to keep fast for sixty days consecutively.

(2) The ruling of paying kaffarah (expiation) before touching each other is in zihar (likening of a wife to a kinswoman within the prohibited degrees), this binding is not applied to the kaffarah of sawm. By breaking the fast of Ramadhan, one will have to pay kaffarah without abstaining from wife.

Allah (Subhana Wa Ta’ala) knows Best

Darul Ifta,
Darul Uloom Deoband

This answer was collected from the official ifta website of Darul Uloom Deoband in India.

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