Does sexual intercourse without ejaculation break the fast? – ConsultSyariah.com

Question:

I am a recently married woman. I searched the IslamQA site and found that penetration without semen release does not break the fast, but you must be alert and careful when making out during the month of Ramadan.

I also found that there were differences of opinion among the ulama regarding the release of semen without a talisman on Ramadan.

My husband and I made out during the day of Ramadan, then there was penetration (inserting the genitals) while ensuring that my husband did not ejaculate. After finishing intercourse, my husband said that he doubted whether there was a little something that came out immediately after intercourse. He didn’t know whether it was mani or madzi. So I asked him to refrain from going out again, and he did.

Then what is the law? Are qada and kafarat obligatory? Please note that my husband did not know anything about this type of kafarat, and he immediately restrained himself so that nothing came out, I immediately reminded him. The fluid that came out was very small, and he said he didn’t know whether it was madzi or semen because the amount was very small.

Answer Summary:

Whoever performs jimak on a day in the month of Ramadan while fasting and not traveling, then he must perform heavy repentance, and must repent, and perform qada on that day. Women also have the same law if they do it voluntarily. There is no difference in the law whether semen comes out or not, as long as there has been sexual intercourse, namely penetration (entering the genitals), then repentance is mandatory. Ignorance of the law can be an excuse for a Muslim, but ignorance of the form of punishment is not an excuse.

Answer:

All praise to Allah Subhanahu Wa Ta’ala, prayers and greetings are poured out to Rasulullah Shallallahu Alaihi Wa Sallam. As for next.

Does penetration without semen release break the fast?

The questioner’s statement that he found on this site that penetration without semen release does not break the fast is an incorrect statement. On our site there is no such information, in fact the opposite is true, because genital penetration is jimak, and jimak breaks the fast and requires kafarat based on ijmak (agreement of the ulama).

It is stated in the answer to question number (148163) on our site, “Whoever performs jimak on the day of Ramadan while fasting and not while traveling, it is obligatory for him to perform a serious kafarat, namely freeing a slave. They do it voluntarily. It makes no difference whether he ejaculates or not, as long as there has been sexual intercourse, namely penetration, then sacrifice is obligatory.” Complete collection.

Mentioned in Al-Mausū’ah Al-Fiqhiyyah (35/55): “There is no difference of opinion among legal experts regarding the obligation of kafarat for someone who performs circumcision of the private parts on the day of Ramadan intentionally without reason, whether he ejaculates or not.” Complete collection.

Perhaps the questioner read the statement that mubāsyarah (making out) or mulāʿabah (‘playing around’) without semen does not break the fast, then he thought that what was meant was jāmak. This is a mistaken assumption as we have explained. What is meant by mubāsyarah or mulā’abah is enjoying one’s wife without penetrating her genitals.

Does ejaculation without a condom break the fast?

Ejaculation of semen, even without circumcision, breaks the fast according to the authentic opinion, and this is the opinion of the majority of ulama, and is even used as a consensus. Imam An-Nawawi Rahimahullāh said: “If someone kisses or makes love other than the private parts with the private parts, or touches a woman’s skin with hands or other objects, then semen comes out, then the fast is broken, and if no semen comes out then it doesn’t come out.” Collection completed from Al-Majmū’ Syarḥ al-Muhaddzzab (6/322).

Ibn Rushd Rahimahullāh said that they all think that in fact the person who kisses and then semen comes out, his fast has been broken. Finished quote from Al-Mujtahid’s error (2/52). Ibn Qudāmah Rahimahullaah also said, if someone kisses and semen comes out, then it is invalid without any difference of opinion that we know of. Collection completed from Al-Mughni (3/127).

Making out during the day in the month of Ramadan: Sharia provisions and warnings

A Muslim should be careful and alert when making out during the day in the month of Ramadan, so whoever is worried that he will not be able to control his lust, he is obliged to leave it in order to protect his religion and himself. Ibn ‘Abdil Barr Rahimahullāh said “I do not know of anyone who gives relief (allowance) to a fasting person to make love except on condition that he is safe from the consequences that arise from it, and that whoever realizes that kissing will cause something that will damage his fast, it is obligatory for him to stay away from it.” Finished quote from Al-Istidzkar (3/296).

Jimak Ruling on Days of the Month of Ramadan for Not Knowing What is Haram

Whoever performs jimak during the day in the month of Ramadan because he does not know that it is haram, the scholars have different opinions on this matter. The Hanbali school – and this is also the choice of Al-Lajnah Ad-Dā’imah lil-Iftā’ – believes that he is still obliged to make qadha and perform kafarat. However, a stronger opinion is that if a person does not know that the act is haram, then he is excused (forgiven) and there is no obligation whatsoever for him. Mentioned in Hasyiyah ar-Raudh (3/411): “Ibn ‘Abdil Barr said that what is true in matters of eating and intimate relations, if someone does it without any element of intention, then it does not break his fast. It is also said by not only one scholar, that sexual relations are like eating in the cases that have been mentioned, namely in a state of doubt, coercion, or ignorance.” Complete collection.

The Difference Between Not Knowing the Law and Not Knowing the Punishment for Adultery During Fasting

However, it is necessary to pay attention to the difference between people who do not know the law, these are the ones who are excused (forgiven), although in this case there are differences of opinion as has been mentioned, and people who know the law but do not know the sanctions. Whoever knows that jimak during the day of Ramadan is haram, but does not know that it contains kafarat, then he is not given an excuse for his ignorance, and kafarat is still obligatory on him. Shaikh Ibn ‘Utsaimin was once asked: “A man has sexual intercourse with his wife during the day in the month of Ramadan and does not produce sperm, while he does not know the law of this act and also does not know the sanctions, but he knows that sexual intercourse accompanied by the release of semen is haram. So what is the law?”

He answered: “The stronger opinion is that whoever does something that invalidates his fast, or does something that is prohibited in ihram, or does something that invalidates prayer in a state of ignorance, then there is no consequence for him. So a man who has sexual intercourse with his wife during the daytime of the month of Ramadan, if he does not know the law and thinks that intimate relations that are forbidden are only those accompanied by the release of semen, then there is no obligation whatsoever on him.

However, if he knows that the jimak is haram, but does not know that it contains kafarat, then kafarat is still obligatory on him, because there is a difference between not knowing the law and not knowing the punishment. Not knowing the punishment does not make someone old, while not knowing the law can make him old.” Finished quote from Al-Liqā’ ash-Syahri (1/7) according to the Maktabah Syamilah numbering. Allah knows better.

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