He Died Owing Expiation For Having Intercourse During The Day In Ramadan. What Should His Children Do?
The Awqaf -
My father has died, may Allah have mercy on him.
He left behind some wealth and it has been divided
among the heirs. After he died, my mother told me that
he had had intercourse with her during the day in
Ramadan more than 25 or 30 years ago. That took place
without my mother's consent and, as she remembers, she
had come out of the hospital after having surgery. My
mother told me that she said to him at that time that
that was not permissible and he should ask about that,
then he told her that he had repented and Allah is
Oft-Forgiving and Most Merciful. My mother told me
that shyness prevented her from asking about it or
telling us. My mother wanted to fast for two months
but I thought that she had no hand in what happened,
so she did not have to do anything, in addition to the
fact that her health does not allow her to do that.
What should we do with regard to our deceased father?
And what should our mother do?.
Praise be to Allaah.
If the mother was forced to have intercourse during
Ramadan by her husband, then she does not have to
offer expiation, because of the general meaning of the
words of the Prophet (blessings and peace of Allah be
upon him): "Allaah has forgiven for me my ummah their
mistakes and forgetfulness, and what they are forced
to do." Narrated by Ibn Maajah (2043); classed as
saheeh by al-Albaani in Saheeh Ibn Maajah. But if she
went along with him willingly, then she has to make up
that fast and offer expiation.
The scholars of the Standing Committee for Issuing
Fatwas said concerning the ruling on one who has
intercourse during the day in Ramadan:
What he has to do is free a slave. If he cannot do
that, then he must fast for two consecutive months. If
he cannot do that, then he must feed sixty poor
persons, giving each one a mudd of wheat, and he has
to make up a day to replace that day. As for the
woman, if she did it willingly then the ruling is the
same as that for a man, but if she was forced to do it
then she does not have to do anything apart from
making up that day. End quote. Fataawa al-Lajnah al-Daa'imah
If the expiation is required of her, you have said
that she is unable to fast; in that case it is
sufficient for her to feed 60 poor persons.
See also the answer to question number 1672 for
information on the expiation for intercourse during
the day in Ramadan.
With regard to the father, he should have fasted two
consecutive months and made up that day on which he
broke the fast by having intercourse. As he has died
and did not do that, then someone may volunteer to
fast on his behalf, and fast two consecutive months,
because the Prophet (blessings and peace of Allah be
upon him) said: "Whoever dies owing any (obligatory)
fasts, his next-of-kin should make them up on his
behalf." Narrated by Muslim (1147).
It is not permissible to divide the two months between
more than one person; rather it is stipulated that
they should be fasted by one person so that it can
truly be said that he fasted two consecutive months.
Or they may give food on his behalf to one poor person
for each day.
Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him)
If the deceased was obliged to fast for two
consecutive months, either one of his heirs may
volunteer to fast them on his behalf, or they may feed
one poor person for each day. End quote.
Al-Sharh al-Mumti' (6/453).
And he said:
It is proven from the Prophet (blessings and peace of
Allah be upon him) that if a person died owing an
obligatory fast of Ramadan or a vow or expiation, then
his next of kin may fast on his behalf –i.e., if he
wishes. End quote.
Fataawa Noor ‘ala al-Darb, 20/199
Shaykh al-Sa'di (may Allah have mercy on him) said:
If a person dies owing days to be made up from
Ramadan, and he recovered from the sickness (that
prevented him from fasting) and did not fast them,
then one poor person must be fed on his behalf every
day, for a number of days equal to the number of days
that he owed.
According to Shaykh Taqiy al-Deen [Ibn Taymiyah], if
someone fasts it on his behalf, that is also
acceptable. End quote. Irshaad Ooli'l-Basaa'ir
wa'l-Albaab, p. 79
This food for the poor must be paid for from the
estate. If someone donates it from his own wealth,
there is nothing wrong with that.
And Allah knows best.