Dear respected Shaykh, assalamu alaikum wa rahmatullahi wa barakatuh. What is the ruling of a person who has sex with his wife during the day in Ramadan considering that his wife protested but he insisted?
حكم الجماع في نهار رمضان
Praise be to Allah, and may Allah’s peace and blessings be upon the Messenger of Allah, his family and his companions. Wa alaikum assalam wa rahmatullahi wa barakatuh. As to what follows: In response to your question, we say: The man should repent to Allah for violating the sanctity of fasting in the month of Ramadan. He should expiate for his actions in the manner that was clarified in the hadith of al-Bukhari and Muslim which was narrated by Abu Hurairah (may Allah be pleased with him) who said, “A man came to the Messenger of Allah (peace be upon him) and said, “l am ruined O Messenger of Allah (peace be upon him)!” The Messenger of Allah (peace be upon him) asked him, “What has ruined you?" The man replied, ‘I had intercourse with my wife during the day in Ramadan while fasting)’ The Prophet said to him, “Are you able to free a slave?” The man said, ‘No.’ The Prophet said, “Can you fast for two consecutive months?” He said, ‘No.' The Prophet then asked him, “Can you provide food for sixty poor people?” He said, ‘No.’ Then the man sat down. A basket of dates was brought to the Prophet and he said to the man, “Give this as Sadaqah (voluntary charity)” [Al-Bukhari (1936) and Muslim (1111)]. The answer is that the guilty person should free a slave, and if he cannot find a slave or afford to free one then he should fast for two consecutive months (i.e., sixty consecutive days). If he cannot do that then he should feed sixty poor people. The issue of fasting to make up for the spoiled day was transmitted in hadith of ibn Majah where it was stated that the Prophet (peace be upon him) said, “and fast a day in place of the spoiled day” [ibn Majah (1671)]. This addition was graded as weak by the scholars. Therefore, making up for the missed day will not benefit the person because Abu Hurairah (may Allah be pleased with him) narrated,“ the Messenger of Allah said: "Whoever breaks the fast during Ramadan without a concession or illness, then if he fasted for all time, his fasting would not make up for it" [at-Tirmithi (723)]. This hadith was attributed to the Prophet (peace be upon him) by the authors of the Sunan. However, this is not correct. A similar hadith was transmitted from ibn Mas’ud. The rule is that whoever performs an act of worship outside its time for no acceptable reason will not benefit by that. And Allah knows best. Dr. Khalid al-Mosleh 17/12/1424