What is the ruling if one of the spouses who had an excuse (e.g., travel, illness) engages in sexual intercourse after their excuse has ceased during the day?

General Chapter

Al-Mughni

Book of Fasting

Book 9 · Issue 2 · Bab 1

Open in Qurani

Primary text

If either spouse, whose excuse was removed during the day, engages in sexual intercourse, the consequence (i.e., the requirement for Kaffarah) depends on the prevailing opinion regarding the obligation to abstain. If the ruling dictates that abstinence is obligatory, then the sexual intercourse is treated as if it occurred when testimony regarding the sighting of the moon established the fast. If the ruling dictates that abstinence is not obligatory, then no penalty is incurred.