| 1. He broke the fast at home before travelling, then he had intercourse with his wife; what does he have to do? http://islamqa.info/en/189016 I was going to travel on a particular day, so I broke the fast in my house then I had intercourse with my wife. What do I have to do? Please note that I thought that the expiation was to make up that day only, I did not know that it is fasting for two consecutive months or feeding ten poor persons. Praise be to Allah. Firstly: The evidence from the Qur'an and Sunnah, and scholarly consensus, indicates that the traveller may break the fast of Ramadan, then make up the number of days that he did not fast. Allah, may He be exalted, says (interpretation of the meaning): "and whoever is ill or on a journey, the same number (of days which one did not observe Saum (fasts) must be made up) from other days" [al-Baqarah 2:185]. If a person is in his home, then he decides to travel, he is not called a traveller until he has passed beyond the built-up area of his city. So it is not permissible for him to avail himself of the concessions of travel, such as not fasting and shortening the prayers, just because he has the intention of travelling. That is because Allah, may He be exalted, has only made breaking the fast permissible for the traveller, and he is not a traveller until he has passed beyond (the boundary) of his city. Ibn Qudaamah said in al-Mughni (4/347), after mentioning that the one who travels during the day may break the fast: … it is not permissible for him to break the fast until he has left the houses behind, i.e., he has passed beyond them and emerged from the built-up area. Al-Hasan said: He may break the fast in his house, if he wishes, on the day that he is going to depart. Something similar was narrated from 'Ata. Ibn 'Abd al-Barr said: The view of al-Hasan is an odd (shaadhdh) view; no one who is not travelling has no right, on the basis of either rational thinking or reports, to break the fast; and the opposite was also narrated from al-Hasan. Then Ibn Qudaamah said: (That is also) because Allah, may He be exalted, says (interpretation of the meaning): "So whoever of you sights (the crescent on the first night of) the month (of Ramadan i.e. is present at his home), he must observe Sawm (fasts) that month" [al-Baqarah 2:185]. This one who is present at his home (and is not travelling) is not described as a traveller until he has left the city. So long as he is in the city, he comes under the heading of those who reside there (and are not travelling), hence he may not shorten the prayers. End quote. Shaykh Ibn 'Uthaymeen (may Allah have mercy on him) was asked about a man who decided to travel, and he broke his fast at home because he was unaware (of the ruling), then he set out. Does he have to offer expiation? He replied: It is haraam for him to break the fast when he is in his house, but if he broke the fast before leaving his house, then he only has to make up the fast. End quote from Fataawa as-Siyaam, p. 133 Secondly: The one who has intercourse during the day in Ramadan when he is fasting and not travelling has to offer a heavy expiation, which is to free a slave; if that is not possible then he has to fast for two consecutive months; if he is not able to do that, then he has to feed sixty poor persons. He also has to repent and make up that day. His wife also has to do the same if she was willing. It makes no difference whether ejaculation occurred or not; if intercourse, i.e., penetration occurred, then expiation must be offered. Thirdly: The kind of ignorance for which one may be excused is ignorance of the ruling. If a person failed to do an obligatory duty and did not know that it is obligatory, or he did something forbidden and did not know that it is forbidden, this is the one who is ignorant and may be excused for his ignorance. You may only be excused in your case if you did not know that this action of yours was haraam in the first place, or you thought that the one who has decided to travel can do that when he is still in his house. But in the case of one who knew that this action is forbidden, and he did it but was unaware of the punishment that results from it, this is not regarded as an excuse, because in this case the person went ahead and committed the sin and transgressed the sacred limits knowingly. Hence in the case of the Sahaabi who had intercourse with his wife during the day in Ramadan, the Prophet (blessings and peace of Allah be upon him) instructed him to offer expiation, and he did not let him off because of his ignorance of (the punishment), as was narrated by al-Bukhaari (1834) and Muslim (1111), because he had done it deliberately, knowing that it was forbidden. This was stated by al-Haafiz Ibn Hajar in al-Fath (4/207), based on the fact that he said "I am doomed" or "I am burnt". Shaykh Ibn 'Uthaymeen (may Allah have mercy on him) said: If someone were to say: Wasn't the man who came to the Messenger of Allah (blessings and peace of Allah be upon him) ignorant? The answer is: He was ignorant of what he was required to do (after breaking the fast); he was not ignorant of the fact that it was haraam. Hence he said "I am doomed." If we say that ignorance is an excuse, we are not referring to ignorance of the consequences of this haraam action; rather what we are referring to is ignorance of whether this action is haraam or not. … Ignorance of the consequences of the haraam action is not an excuse; ignorance of whether the action is haraam or not is an excuse. End quote from ash-Sharh al-Mumti', 6/417 To sum up: You have to make up that day, and you have to offer expiation, so long as your breaking of the fast occurred when you had not yet begun your journey. Our advice to you is to try to fast the two consecutive months on cold or moderate days when the day is shorter and there will be less difficulty involved, or during the days of annual leave from work and other times when you have the opportunity to do what is required of you. If you are genuinely unable to fast, then it is permissible for you in that case to feed sixty poor persons, giving them one meal, or giving several meals until you complete the number required. Your wife also has to fast, and if she is not able to, she should feed sixty poor persons and not ten poor persons as mentioned in the question. See also the answer to question no. 106532 And Allah knows best. 2. If a person misses 'Isha' prayer, can he pray Taraweeh with the imam, with the intention of praying 'Isha'? http://islamqa.info/en/189426 If a person misses 'Isha' prayer, it may be noted in the month of Ramadan in particular – as you are well aware – that there are more than two jamaa'ahs in the same place and at the same time. This is something that often happens at the time of 'Isha' and Taraweeh prayer. For example, when the first jamaa'ah has finished 'Isha' prayer, another jamaa'ah comes and they say the iqaamah (call immediately preceding the prayer) and they begin to pray 'Isha'. During this time, the first jamaa'ah get up and start to pray Taraweeh. Is it permissible to have two jamaa'ahs at the same time and in the same place? What is your advice – may Allah preserve you and bless your work – to imams and those who come late to 'Isha' prayer? Is it permissible for me to pray with the imam having the intention of 'Isha' whilst he has the intention of Taraweeh? Praise be to Allah. Firstly: The Muslim should hasten to do good deeds and compete with others in doing acts of worship, and this is emphasised even more during the month of Ramadan, in which the gates of Paradise are opened and the gates of Hell are closed, the devils are chained up and a caller calls out every night: O seeker of good, advance; O seeker of evil, go back. Our advice to the one who misses some of the prayers without any excuse, or misses them because of something haraam, such as those who neglect the prayer in order to watch soap operas, is that they should be keen to offer the prayers with the Muslims and they should hasten to pray when they hear the adhaan (call to prayer). Ramadan is a month of worship and multiple reward; we ask Allah to protect us from the evil of our own selves and to help us to obey and worship Him, for He is the Most Munificent, Most Generous. Secondly: If some people have missed 'Isha' prayer with the regular imam, should they pray 'Isha' in congregation (jamaa'ah), or should they join the imam in Taraweeh prayer, with the intention of praying 'Isha'? That depends on their situation: If they came in straight after the prayer, and there is enough time before Taraweeh to pray 'Isha', then in this case it is better for them to pray in jamaa'ah on their own, so as to avoid differing with those scholars who do not allow a person to offer an obligatory prayer behind (an imam) who is offering a naafil prayer. But if they came in whilst Taraweeh prayer was in progress, or the imam started to pray Taraweeh shortly after 'Isha', and there is the fear that if a second jamaa'ah prays, the two groups will disturb one another, then in this case it is better to join the imam in Taraweeh, with the intention of praying 'Isha'. Then when the imam says the tasleem after two rak'ahs, they should stand up and complete the prayer by themselves. Shaykh Ibn Baaz (may Allah have mercy on him) was asked: We notice that in some mosques, those who come after the end of 'Isha' prayer and the beginning of Taraweeh offer a second ['Isha'] prayer, but by doing so they disturb those who are praying Taraweeh. Is it better for them to offer the prayer in jamaa'ah, or to join the imam in Taraweeh prayer, with the intention of 'Isha'? Is the ruling different if it is one person or a group that comes in? He replied: If those who come in are two or more, then it is better for them to offer the prayer on their own – i.e., 'Isha' prayer – then to join the people in Taraweeh. But if they join the imam with the intention of praying 'Isha', then when the imam says the tasleem, each of them gets up and completes the prayer by himself, there is nothing wrong with that, because it was proven from Mu'aadh (may Allah be pleased with him) that he used to pray the obligatory prayer of 'Isha' with the Prophet (blessings and peace of Allah be upon him), then he would go back to his people and lead them in offering that prayer; for him it was naafil but for them it was obligatory. But if only one person comes in, then it is better for him to join the imam with the intention of 'Isha', so that he will attain the virtue of praying in jamaa'ah. Then when the imam says the tasleem following two rak'ahs, he should complete 'Isha' by himself. May Allah help us all to understand Islam properly. End quote from Majmoo' Fataawa Ibn Baaz, 30/30 See also the answers to questions no. 37829, 93808, 79136 And Allah knows best. | 
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