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Friday 29 March 2024  
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Marital relations through other than the private parts when fasting
‘Abdullaah bin Ahmad bin Hanbal said:

I read to my father saying:

Concerning the fasting person; if he has marital relations with his wife through other than the private part?

So he said:

If he ejaculates then upon him is the expiation al-madhaahirah.* And he does not decide it (i.e. which one he does)

So I said to him:

Supposing he does not find that?

So he said:

If he does not find it then upon him is fasting.

So I said:

What is it then to choose between them?

So he replied:

The expiation/atonement for an oath:

((He will punish you for your deliberate oaths; so for its expiation feed ten poor people, on a scale of the average of that with which you feed your own families; or that you clothe them; or that you free a slave. But whosoever cannot afford that then he should fast for three days)) Soorah Al-Maa’idah: 89

This person has the choice of these, (or) he has the option of choosing.

‘Abdullaah bin Ahmad bin Hanbal said:

It was said to my father:

If a man were to have intercourse through other than the private part?

So he said:

The private part or other than the private part are the same if he ejaculates semen then upon him is its expiation.

*The Kaffaaratul madhaahirah mentioned here with Imaam Ahmad (rahimahullaah) is that which is in the order/sequence as follows:

((…Then the freeing of a slave bore they touch each other. That is an admonition to you (so that you will not repeat it). And Allaah is All-Aware of that which you do. And he who cannot (find the means for that) then he must fast two consecutive months before they both touch each other. And for he who is unable to do so then he should feed sixty poor people…)) Soorah Al-Mujaadalah: 3-4

Imaam Ahmad bin Hanbal
Masaa'il Al-Imaam Ahmad bin Hanbal vol2 pages 653-654 & 658
Translated by Aboo Haatim Muhammad Farooq
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