The person fasting has sexual intercourse out of forgetfulness
The person fasting has sexual intercourse out of forgetfulness

Book:

The book of Fasting - كتاب الصيام

Chapter:

Breaking the Fast and Not Fasting and the Ahkam

Section:Violations of the Fast
Topic/Issue:3032 - The person fasting has sexual intercourse out of forgetfulness --
Opinions:
Opinion FromOpinionExplanation
Imam Shafi,Imam Abu HanifaThere is no qada the person nor is there any expiationNarration of Abu Huraira This tradition is supported by the general implication of the saying of the Prophet (God’s peace and blessings be upon him), "Liability for mistake, forgetfulness, and what they did under duress has been lifted from my umma".
Imam MalikHe is liable for qada but there is no expiationThe analogy holds one forgetting prayer to be similar to the person forgetting his fast. Hence they held him liable for qada as the person forgetting prayer has been held liable by the text.
Imam AhmadHe is liable for both qada and expiation.Their reliance upon the unelaborated (mujmal) text transmitted in the tradition (it was not mentioned in that text whether the person committed the act intentionally and not out of forgetfulness)
Evidences :1 - Sahih Muslim [# 2575] [Hide/Show]
Tags :Worship, Fasting, Breaking Fast, Violations,Expiation, Breaking Fast, Intercourse, Forgetfulness
See Also:Is expiation obligatory for intentionally breaking the fast by eating or drinking?
References:1[pg:355]
Last Updated:2011-02-21

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