Someone traveled a long distance for more than 12 hours in the last days of Ramadhaan (28-30). Upon arrival at his destination, he did not know whether it was the last day of fasting or the day of ‘Eed (feast). Meanwhile, he committed adultery and then realized that it was during the daytime of Ramadhaan. Later, he came to know that he had missed two days of fasting. What is the Sharee‘ah ruling?

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger.

First: The original status (when in the month of Ramadan) is the continuation of the month of Ramadan and . This is a state of certainty which must not be changed unless by a similar state of certainty (actual sighting of the crescent of the month of Shawwaal). It was obligatory on the person to ask and investigate the matter.

Second: Committing adultery is a grave major sin even when it is committed at a time other than Ramadan. Committing it during Ramadan is even graver and more offensive. In any case, he is required now to repent, intensify asking Allaah for forgiveness and pardon.

Third: If he traveled for an unlawful purpose or intended to stay in the country of destination for more than four days, other than the day of arrival as well as that of departure, and he broke the fast with sexual intercourse, he is obliged to offer both the Kaffaarah (expiation) and to make up the fast of the missed days. The Kaffaarah is fasting two consecutive lunar months or feeding sixty poor people if he is unable to fast. This is according to the Hadeeth of the Bedouin who had intercourse wit his wife during the daytime in Ramadan. [Al-Bukhari and Muslim]

Fourth: If he traveled for a lawful purpose and he did not intend to stay there, but his intention was to go back after achieving his goal, he is allowed to use the Sharee‘ah concessions while traveling, including breaking the fast. Consequently, he is not required to offer the Kaffaarah and it is enough for him to make up the fast of the missed days along with repenting to Allaah The Almighty for this grave sin.    

Allaah Knows best.