The starting time of expiatory fasting for sexual intercourse on a day in Ramadan

Question:

For the expiation for having sexual intercourse in the day in Ramadan, will the remaining days of the month be considered part of the sixty days of the expiation? Should one start expiatory fasting after the end of Ramadan?

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  sallallaahu  `alayhi  wa  sallam ( may  Allah exalt his mention ) is His Slave and Messenger.

The expiation for having intercourse during the day in Ramadan was explained by the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allah exalt his mention ). It was narrated on the authority of Abu Hurayrah, may Allah be pleased with him, that he said, "While we were once sitting with the Prophet, sallallaahu ‘alayhi wa sallm, a man came and said, ‘O Messenger of Allah, I am ruined.’ The Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allah exalt his mention ) asked: ‘What is it?’ He replied: ‘I had sexual intercourse with my wife while I was fasting.’ The Messenger  sallallaahu  `alayhi  wa  sallam ( may  Allah exalt his mention ) asked him: ‘Can you afford to manumit a slave?’ He replied in the negative. The Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allah exalt his mention ) asked him: ‘Can you fast for two successive months?’ He also replied in the negative. The Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allah exalt his mention ) asked him: ‘Can you afford to feed sixty poor persons?’" [Al-Bukhari and Muslim]

Expiation by fasting cannot be made during the month of Ramadan because its days are already occupied with the obligatory fasting. The person who is required to make expiation should do it as soon as possible after Ramadan finishes. Expiation cannot be in Ramadan unless it is by means of giving food to the poor and the needy or freeing a slave.

Allah Knows best.

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