KISSING
FOR ONE WHO HAS THE ABILITY TO CONTROL HIMSELF
It is
confirmed that 'Aishah said "Rasulullah
would kiss and embrace while he was fasting, for
he had the most control of all of you over his
desires." Umar said "I was excited one
time and I kissed my wife while I was fasting. I
went to the Prophet and said "Today I
committed a horrendous act- I kissed while I was
fasting." Rasulullah sallallahu alayhi wa
sallam asked "What do you think of rinsing
with water while fasting?" I said "There
is nothing wrong with that." Rasulullah
sallallahu alayhi wa sallam said "Then what
is your question about?"
Ibn
Mundhir says "Umar, Ibn Abbas, Abu Hurairah,
'Aishah, 'Ata, ash-Sha'bi, al-Hassan, Ahmad, and
Ishaq permitted kissing. There is no difference
between an old man or young mad in this matter.
The question is whether or not the kiss excites
one's desires. If it does, it is disliked. If it
does not, it is not disliked although it is best
to avoid it. It does not matter if the kiss was
on the cheek or on the lips and so on. Touching
with the hand or embracing follow the same ruling
as kissing.
THE
FASTING PERSON CAN EAT, DRINK AND PERFORM SEXUAL
INTERCOURSE UNTIL FAJR
If someone
has food in his mouth when fajr is beginning, he
should spit it out. If he is having intercourse
with his wife at that time, he should immediately
stop. If he does so, his fast will still be valid.
If he continues in these actions at that time, he
will have broken his fast. Al-Bukhari and Muslim
record from Aishah that Rasulullah sallallahu
alayhi wa sallam said "Bilal makes the call
to prayer while it is still night; therefore eat
and drink until Ibn Umm Maktum makes the call to
prayer."
EJACULATION
OF SPERM
Ejaculation
of sperm voids the fast even if it was just due
to kissing, hugging or masturbation, and the day
must be made up. If the ejaculation was due to
looking at or thinking about something, then it
is like having a wet dream during the day and it,
therefore, does not void the fast nor is there
any requirement on the person. Similarly,
secretion prostatic fluid does not harm the fast
in any way.
SEXUAL
INTERCOURSE DURING A DAY IN RAMADAN
Abu
Hurairah reported that a man came to Rasulullah
sallallahu alayhi wa sallam and said "I am
destroyed, O Messenger of Allah!" The
Prophet asked "What has destroyed you?"
He said "I Had intercourse with my wife
during a day of Ramadan." The Prophet asked
"Are you able to free a slave?" He said
"No" The Prophet asked "Is it
possible for you to fast for two consecutive
months?" He said "No" The Prophet
asked "Is it possible for you to feed sixty
poor people?" He said "No" The
Prophet said "Then sit." A basket of
dates was brought to the Prophet and he said to
the man "Give this in charity. The man said
"To someone poorer than us? There is no one
in this city poorer than us." The Prophet
laughed until his molar teeth could be seen and
said "Go and feed your family with it."
[This is related by the group, expiation is not
to be offered if it would place a great burden on
someone]
Abu Dawud
said "Ahmad was asked about somenoe who had
sex during Ramadan "Is there any expiation
upon the woman?" He said "I have not
heard of any" In al Mughni it is stated
"This refers to the fact that the Prophet
ordered the man who had had sexual intercourse to
free a slave. He did not order the woman to do
anything, although he obviously knew that she was
a partner in the act."
According
to Shafi'i the expiation is not obligatory on the
woman in any case- that is, regardless if it was
due to coercion or not, and she need only to make
up the day of fasting that she voided. An Nawawi
says "Thje most authentic opinion, in
general, is that the expiation is obligatory on
the man and that there is nothing on the woman.
There is nothing obligatory on her in relation to
this matter as it is a matter of paying money due
to something related to sexual intercourse and
this refers to the duty of the man and not the
woman. It is similar to the case of dowry."
According
to most scholars acts of expiation must be
performed in order that was mentioned in the
hadith. The first command is to free a slave. If
this is not possible, the person is to fast for
two consecutive months. If that is not possible,
the person is to feed sixty poor people with
meals that are similar to an average meal
household. The person cannot jump from one act to
another unless he is not able to perform the
prior order commanded. According to Imam Malik
and a narration from Ahmad, the person is free to
choose any of the above three acts and that will
be sufficient for him.
This
latter opinion is based on the report from Malik
and Ibn Juraij on the authority of Humaid ibn
Abdurahman who reported that Abu Hurairah
narrated that aman broke hisf ast during Ramadan
and the Prophet ordered him, as an expiation, to
free a slave or fast two months consecutively or
to feed sixty poor people. [Muslim]