May a person who engaged in sexual intercourse during the night postpone Ghusl (ritual bath) until after dawn while observing the fast?
General Chapter
Al-Mughni
Book of Fasting
Primary text
A person in a state of major ritual impurity (Janabah) from intercourse during the night is permitted to delay the Ghusl until after dawn and still observe their fast. This is the view held by the majority of scholars (Aammat Ahl al-Ilm), including Ali, Ibn Mas'ud, Zayd, Abu al-Darda', Abu Dharr, Ibn Umar, Ibn Abbas, Aisha, and Umm Salamah. This view is also held by Malik and Shafi'i (among the people of Hijaz), Abu Hanifah and al-Thawri (among the people of Iraq), al-Awza'i (among the people of Sham), al-Layth (among the people of Egypt), Ishaq, Abu Ubaydah (among the people of Hadith), and Dawud (among the people of Zahir). The evidence is the narration from Aisha and Umm Salamah stating that the Messenger of Allah (PBUH) would sometimes wake up in a state of Janabah from intercourse (not a wet dream) and still fast. Furthermore, a narration where the Prophet (PBUH) confirmed he would be in this state while intending to fast refutes the initial position of Abu Hurayrah, which was later retracted.
Supporting text
Abu Hurayrah initially held that such a person's fast was invalid, but he later retracted this opinion based on reports from the Prophet (PBUH). Al-Hasan and Salim ibn Abdullah stated that the person should complete the fast and make up the day (qada'). Al-Nakh'i stated that only the obligatory fast (Fard) must be made up, not the voluntary one (Tatwwu'). Urwah and Tawus stated that if a person knew they were in a state of Janabah during Ramadan and did not perform Ghusl before morning, they are considered to have broken the fast; otherwise, if they did not know, their fast is valid.