A man had intercourse with his wife during the day of Ramadhaan whilst travelling and not fasting, what is upon them?
There’s nothing upon them, they are in a state of breaking their fasting from Ramadhaan which Allaah made permissible, there’s nothing upon them in that.
Verily there’s something upon a person who has intercourse with his wife while fasting as a traveller or a resident, then upon him is that expiation. Freeing a slave, and if he’s incapable, fasting two consecutive months, and if he’s incapable he feeds 60 poor persons as is in the Hadith of Abi Hurairah agreed upon.
And if she conforms, her ruling is his ruling, and if it’s against her consent there’s nothing upon her.
(إِلَّا مَنْ أُكْرِهَ وَقَلْبُهُۥ مُطْمَئِنٌّ بِٱلْإِيمَٰنِ)
“Except him who is forced thereto and whose heart is at rest with Faith.” [An-Nahl: 106]
Answered by: Shaykh, the Allamah, the Trustworthy Advisor, Abu Abdirrahman Yahya bin Ali Al-Hajuri – may Allah preserve him
Translated by: Abū ‘Abdillāh ‘Omar bin Yahya Al-‘Akawi