Question:

Whilst fasting during the holy month of Ramadan, one night I was making love to my wife late at night and whilst we were still making love, the Athaan for the Fajr was called. We were still in the act for couple of minutes after the call the Athaan. I did fast that day, however I am not sure as to if should fast another day after Ramadan or do anything else to repent my unacceptable act. Your advice and guidance would be appreciated.  

Fatwa:

All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad is His slave and Messenger. We ask Allah to exalt his mention as well as that of his family and all his companions.

If a husband has sexual intercourse with his wife in Ramadan before Fajr and then the Athaan (call to the prayer) is called, it is an obligation on him to stop the act. So if he stops on the spot, then he does not have to make it up and there is no expiation for him. This is the view of Abu Haneefah, Ash-Shaafi'ee and Abu Hafs from the Hanbali School . This is also the position of the School of Imaam Maalik .

However, some opinions suggest that he has to make up that day but does not have to expiate for it. But if he carries on doing the act after the start of the Athaan, and then withdraws in the middle of the Athaan or after it is finished, then he has to make up that day and expiate for it. This is the view of the majority of scholars. Ibn Qudaamah said in Al-Mughni: 'If Fajr time starts while a person is having sexual intercourse and he still continues the act, then he has to make up that day and expiate for it, and this is the opinion of Maalik and Ash-Shaafi'ee as well.'

Allah knows best.

Fatwa answered by: The Fatwa Center at Islamweb