Praise be to Allah
Firstly:
The fasting
person must refrain from intercourse during the day in Ramadan, and if he
does it then he must offer a severe expiation, regardless of whether
intercourse took place in the front or back passage, with a man or a woman.
If it was in the
back passage of a man, then this is sodomy, which is a grave major sin, for
the one who does that has committed two grave major sins: sodomy and
deliberately breaking the fast during the day in Ramadan.
What he must do
is repent to Allah, may He be exalted, offer expiation and make up that
day’s fast.
If he has
delayed making up that day, then in addition to the above, he must give a
poor person a kilogram and a half of rice or similar foodstuff.
It says in
al-Iqnaa‘ (1/312): If he has intercourse during the day in the month of
Ramadan, in the front or back passage, with a human or otherwise, living or
dead, whether he ejaculates or not, then he must make up the day and offer
expiation. End quote.
See the answer
to question no. 190411.
Secondly:
Expiation must
be offered by the one who does it and the one to whom it is done.
Thirdly:
Ignorance of the
required expiation does not mean that it is waived. The basic principle in
such cases is that one who is aware of the prohibition on the action but is
unaware of the punishment is not excused, as the Sahaabi who had intercourse
with his wife during the day in Ramadan was unaware that he had to offer
expiation, but that was not an excuse that would waive the punishment.
Shaykh Ibn
‘Uthaymeen (may Allah have mercy on him) said:
If someone were
to say: Wasn’t the man who came to the Messenger (blessings and peace of
Allah be upon him) unaware [of the ruling]?
The answer is
that he was unaware of what was required of him, but he was not unaware of
the fact that it was prohibited, and that is why he said, “I am doomed!”
If we say that
ignorance is an excuse, we do not mean ignorance of the consequences of this
forbidden action; rather what we mean is ignorance as to whether this action
is forbidden or not.
Hence if someone
commits zina because he is unaware of the prohibition on it, such as if he
lives in a non-Muslim country and is new in Islam, or he lives in a remote
wilderness where people do not know that zina is forbidden, then he is not
to be subjected to the hadd punishment. But if he was aware that zina is
forbidden but was not aware that the hadd punishment for it is stoning, or
that the hadd punishment is flogging and banishment, then he is to be
subjected to the hadd punishment because he transgressed the prohibition.
Ignorance of the consequences of a forbidden action is not a valid excuse,
whereas ignorance as to whether the action is forbidden or not is a valid
excuse.
End quote from
ash-Sharh al-Mumti‘ (6/417)
See also the
answer to question no. 20237.
Thirdly:
In order for the
expiation to be required, it is stipulated that the tip of the penis– where
circumcision is done – should penetrate the private part. If this level of
penetration occurs, the same rulings come into effect that result from full
intercourse.
Ibn al-Qayyim
(may Allah have mercy on him) said: The circumcised area of the man is the
round area at the tip of the penis. This is what brings the rulings into
effect if it disappears into the private part; more than three hundred
rulings result from that. One of the scholars compiled them and the number
reached four hundred less eighty [i.e., 320] rulings.
End quote from
Tuhfat al-Mawdood bi Ahkaam al-Mawlood, p. 152
If the tip of
the penis did not disappear as described above, or there is some doubt
concerning that, then expiation is not required, because rulings do not
become obligatory when there is doubt. But you must repent from having done
a forbidden action.
And Allah knows
best.