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Does kissing while fasting require qada and kaffarah in Hanafi school?

Answered as per Hanafi Fiqh by Muftisays.com
Asalaam u alykum.
My wife told me in the morning that I had tried to kiss her last night in the state of fasting. This happened once before and on that occasion I do not remember anything. However, last night I think I do remember inserting my tongue in her mouth and feeling the taste of her tongue, although no exchange of saliva (I think). If I was fully aware I would not have kissed her. My wife says my eyes were open. However I may have gotten up during my sleep. Exact details I can’t remember. Does this necessitate a qada and or kaffarah according to the Hanafi school?
Jazakallah u khairun for your reply.
Could I please ask one other question: My 7day old baby vomited over me. I wiped this off my shoulder with a tissue. I changed my shirt. Then I forgot to wash my shoulder and prayed Isha and Fajr and zohr and then realised that I had not washed the area (shoulder) with water. Would my wudu and salah have been valid? I did repeat the salah to be on the safe side.



Al-jawab billahi at-taufeeq (the answer with Allah’s guidance)

1) The Hanafi jurists (Fuqaha) state that non-sexual affectionate kissing or Mubasharah (skin to skin), from which there is no fear of leading to intercourse or ejaculation, is allowed and not disliked. But, if one fears that kissing or Mubasharah will lead to ejaculation or intercourse, then it will be disliked to kiss or do Mubasharah.

However, one’s fast remains valid as long as kissing or Mubasharah does not lead to actual sexual intercourse or does not result in ejaculation. If kissing or Mubasharah resulted in ejaculation, one’s fast would become invalid and hence will have to be made up (Qadha), without having to expiate for it (Kaffara). (Al-Fatawa al-Hindiyya, 1/200 & 1/204, Hashiyatut Tahtawi Pg. 680)

Also, Ghusl will be necessary if ejaculatory fluid was discharged.

N.B. To swallow the saliva of the wife will invalidate the fast then Qadha and Kaffarah will be necessary. (Nurul Idhah Pg.143)

If the mentioned incident took place during the night, then there is no problem in this as it is permissible to eat, drink and have sexual intercourse etc until dawn.

“It is made lawful for you to have sexual relations with your wives on the night of As-Ṣiyam…Eat and drink until the white thread becomes clear to you from a black thread at the dawn.” (2:187)

2) The vomit that is full mouth will be considered Najasat Ghaliza. (Shaami vol.1 pg.266)

If this is equal to a Dirham, which is the circumference of the inner hollow of the palm then it is Wajib (necessary) to wash this from your garments. If it is less than this amount then it will be Mustahab (preferable).

However, if one forgets this then Salah performed in such clothing will be valid.
(Quduri Pg. 24, Nurul Idhah Pg.53, Hashiyat Tahtawi Pg.157, Ahsanul Fataawa Vol.2 Pg.89)

If it is more than a Dirham then it is Fardh to remove it and Salah with this amount will be invalid and Qadha will need to be done. (Quduri Pg. 24, Hashiyat Tahtawi Pg.157)

And Only Allah Ta’ala Knows Best.

Moulana Qamruz Zaman
London, UK

This answer was collected from MuftiSays.com, based in London (UK). It is one of the fruits of Darul Uloom London. Many ‘ulama are involved in answering the Q&A on the site, including: Shaikul Hadeeth Mufti Umar Farooq Sahib, Mufti Saifur Rahman Sahib, Mufti Abdullah Patel Sahib, Maulana Qamruz Zaman Sahib, Mufti Abu Bakr Karolia Sahib.

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