Question: (a) One person during fasting in the month of Ramadan has had sexual intercourse but separated before inzal (ejaculation). What is the hukm of this person? (b) If that person involves into intercourse by forgetting that he/she was fasting, what is the hukm also?
Answer: (a) If a person intentionally involves in to sexual intercourse during fasting in the month of Ramadan whether ejaculates or not, his fast will be void and both Qadha and Kaffarah will be wajib upon them. One fast needs to be done for Qadha as a penalty and as for kaffarah (expiation), will need to fast two months (60 days) consecutively without any break of chain (in other words if one misses one fast during this 60 consecutive days then he/she need to re-start the whole 60 fasts again). However, if one is not able to fast for 60 consecutive days then he may perform one of following two options:
(1) Feed sixty needy people one day’s full two time meals or;
(2) Feed one needy person for sixty days of full two time meals
References: [1] Bukhari:1937 [2]Muatta Malik:582 [3] Fath al-Bari, vol-4, p-203 [4] Raddul Muhtar vol-3:390 [5] Hidaya vol-1:219 [6] I`laus Sunan vol-6, p-2869-2871
(Answer b) If both forgetfully involves in to sexual intercourse during the day time in Ramadan then fast of that day will not be nullified.
Reference: [1] Fatwa Hindia/Alamgiri vol-1:202