Answered by Shaykh Abdul-Rahim Reasat
What is the ruling of giving Fidya if a Husband and Wife had sexual intercourse during the hours of fasting?
I pray you are well.
Fidya would only be given if both the husband and wife would never be able to foreseeably fast again, and if the sexual intercourse occurred knowingly. The amount would the the value of 2kg’s of flour.
However, if they knew they were fasting and engaged in the activity, or continued after realising it then they must make up the fast, and perform an expiation (kaffara), which is fasting for 60 consecutive days. The wife doesn’t fast during the days of her menstrual cycle, and resumes when it ends until she has done 60 days.
If they were not aware they were fasting at the time they do not have to do anything, as that act did not invalidate it. It’s a marcy from Allah that acts done whilst unaware do not break the fast.
The Messenger of Allah said, “Whoever forgetfully eats whilst fasting, let him complete his fast, for Allah has given him some food and drink.“ (Bukhari)
Try to be vigilant. It’s easy to forget in the first few days.
(‘Itr, al Mufassal; Shurubnulali, Maraqi al Falah).
May Allah grant you the best of both worlds.
[Shaykh] Abdul-Rahim Reasat
Checked and Approved by Shaykh Faraz Rabbani
Shaykh Abdul-Rahim Reasat began his studies in Arabic Grammar and Morphology in 2005. After graduating with a degree in English and History, he moved to Damascus in 2007, where, for 18 months, he studied with many erudite scholars. In late 2008 he moved to Amman, Jordan, where he continued his studies for the next six years in Sacred Law (fiqh), legal theory (Usul al-fiqh), theology, hadith methodology, hadith commentary, and Logic. He was also given licenses of mastery in the science of Quranic recital. He was able to study an extensive curriculum of Quranic sciences, tafsir, Arabic grammar, and Arabic eloquence.