He had sexual intercourse with his wife in the daytime in Ramadaan and was given a Fatwaa that if they do not perform Salaah, they need not to make up for the days of fast they missed

Question: I had sexual intercourse with my wife twice in the daytime in Ramadaan and in two different years. I remember that the first time I was returning from a journey but I do not remember the second time. Regardless of the excuse, I regret what I did and I ask Allaah (Exalted be He) to accept my repentance and forgive all my sins, for He is the All-Forgiving. I asked one of the shaykhs by phone while I was offering Hajj in the past year, 1414 AH. In Makkah. He told me that if I and my wife had been observing all the Prayers and had not been neglecting any of them for any reason, so we would have to fast two consecutive months. He added to me that if we offer some Prayers but neglect others, that we would be considered disbelievers. May Allaah protect us from that. Thus, according to him, we have to return to Islaam, regret what we did and not repeat it. We were stunned with this Fatwaa (legal opinion issued by a qualified Muslim scholar), especially because we testify that no one is worthy of worship but Allaah and that Muhammad is the Messenger of Allaah. We believe in Allaah, the Last Day, Angels, the revealed Books, and destiny, its good and bad.

Dear shaykh, please give us your Fatwaa regarding what I and my wife should do. May Allaah reward you with the best. I would like you to note that we cannot fast two successive months, because I donated my kidney to my brother in 1406 A.H. And I should drink water continually in order to preserve the other kidney. In addition, my wife suffers from several diseases. Anyway, we may be able to fast if we divided the two successive months, but is this sufficient? May Allaah reward you with all the good and benefit the Muslim nation with you. He is the All-Hearing, the All-Nearer, and the One Who answers supplications.

Answer: If you and your wife are unable to emancipate a Muslim slave or to fast in order to atone for having sexual intercourse during the daytime in Ramadaan, both of you has to observe two expiations by feeding sixty poor persons for each time of expiation; each poor person takes half a Saa` (1 Saa`=3 kg. Approx.) from the staple food of the country. Thus, each of you has to give out sixty Saa`s and distribute them among sixty needy persons, and each takes a Saa`, which is about three kilograms… read more here.

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