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French kissing while fasting

Answered according to Hanafi Fiqh by Qibla.com

Answered by Shaykh Faraz Rabbani

While fasting, my wife and I were kissing, and I just found out from askimam.com. that taking some saliva, of your spouse nullifies your fast. I did not know that before. On top of that, I’m not even sure if any saliva was exchanged, if there was any exchanged it was less than even drops., it was an extremely tiny amount. please let me know insha’Allah, whether the fast of my wife and myself was nullified, if so does it require a make up day or a 60 day fast? Btw, once again, I didn’t know that this nullifies the fast before. And also, we didn’t intentionally exchange saliva if any at all, it just might have happened that way due to carelessness.

Answer:
In the Name of Allah, Most Gracious, Most Merciful

Walaikum assalam wa rahmatullah,

French-kissing would inevitably result in an exchange of saliva, and then that saliva being swallowed.  As such, given the legal maxim that, “The inevitable is considered actual,” [Ibn Nujaym, al-Ashbah] the fast would be considered broken, and must be made up. [Shurunbulali, Maraqi al-Falah]

However, no expiation would be required. [ibid.]

As for ignorance, it is not accepted as a legal excuse in such cases. [Ibn Amir Hajj, al-Taqrir wa’l Tahbir Sharh al-Tahrir li Ibn al-Humam, 3.328]

Wassalam,

Faraz Rabbani

This answer was indexed from Qibla.com, which used to have a repository of Islamic Q&A answered by various scholars. The website is no longer in existence. It has now been transformed into a learning portal with paid Islamic course offering under the brand of Kiflayn.

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