Praise be to Allaah.
The one who
has intercourse during the day in Ramadaan when he is fasting and is not
traveling has to offer a serious expiation, which is to free a slave; if he
cannot do that then he has to fast for two consecutive months; if he cannot
do that then he has to feed sixty poor persons.
applies to the woman if that happened with her consent, but if she was
forced to do it then she does not have to do anything. If they were
traveling then there is no sin on them and they do not have to offer
expiation, and they do not have to refrain from eating or drinking for the
rest of the day. However, they do have to make up that day, because fasting
is not obligatory for them. The same applies if he broke his fast for an
essential reason, such as saving the life of someone whose life is protected
according to sharee’ah; if he has intercourse on that day when he broke his
fast for an essential reason, there is no sin on him, because he has not
violated an obligatory fast.
If a person
who is fasting in his homeland and who is obliged to fast has intercourse,
there are five things that result from that:
He is guilty of a sin
His fast is broken
He has to refrain from eating
and drinking for the rest of the day
He has to make that day up
He has to offer expiation
that he has to offer expiation was narrated in the hadeeth of Abu Hurayrah
about the man who had intercourse with his wife during the day in Ramadaan.
This man could not fast or feed the poor, so the obligation of offering
expiation was dropped, because Allaah does not burden a soul beyond its
scope, and there is no obligation when one is unable to fulfil it. It makes
no difference whether he ejaculated or not, so long as intercourse took
place, in contrast with one who ejaculates without having intercourse – in
that case there is no expiation to be offered. Rather in this case it is a
sin and he has to refrain from eating or drinking for the rest of the day,
and make up his fast later on.
Al-Fataawa al-Jaami’ah li’l-Mar’ah al-Muslimah, vol. 1, p. 348.