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Subject: Re: oral sex in the month of ramadhan

Laila Nasheeba
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Date Posted: 18:32:05 02/10/03 Mon
Author Host/IP: dhcp024-210-181-243.woh.rr.com/
In reply to: nafas 's message, "oral sex in the month of ramadhan" on 11:06:45 02/10/03 Mon

As Saalamu Alaikoum,

Praise be to Allah.

You did not say if you did this sexual act intentionally or not but I will answer both ways.

Ejaculation voids the fast even if it was just due to kissing, hugging, or masturbation. Oral sex is an act of sexual intercourse.

The only action, according to most scholars, which requires that both the day be made up and the act of expiation be performed is having sexual intercourse during a day of Ramadan.

Abu Hurairah reported that a man came to the Messenger of Allah 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 who is 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.

Most scholars say that both men and women have to perform the acts of expiation if they intentionally have intercourse during a day of Ramadan on which they had intended to fast. If they had intercourse out of forgetfulness or not due to choice--that is, due to coercion, or they did not have the intention to fast, then the expiation is not obligatory on either one of them. If the woman was forced to have intercourse by the man, the expiation will be obligatory only upon the man.

An-Nawawi says: "The most authentic opinion, in general, is that the expiation is obligatory upon the man only and that there is nothing upon 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. [In this way,] it is similar to the case of dowry."

Abu Dawud says: "Ahmad was asked about someone 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."


Laila Nasheeba

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