Fondling and kissing during Ramadaan

Question:-

In the early stages of our marriage, during the month of Ramadhaan, there were many times when my spouse and I were aroused whilst fasting. We cannot remember how many times this happened during Ramadhaan whilst we were fasting. We are sure that no saliva was exchanged, however, there was caressing of private parts from over the clothes which may have caused us both to become ‘wet’ (like when normally aroused). However, we did not ejaculate, nor did penetration occur. There could have also been the biting or sucking of skin (such as the neck, chest etc.). Would our fast still be valid?

If our fasts were invalid, do we make Qadha and discharge Kaffarah, or just make Qadhaa. However, we do not recall how many times this happened, so how would we account for it, if there is Qadhaa?

Answer:-

We understand from your query that both spouses kissed and fondled each other but penetration or ejaculation never occurred. Also, when kissing and biting, saliva was never swallowed. Although kissing is regarded as Makrooh-e-Tahreemi (particularly when one is unable to control oneself), the fast will still be valid. There is no need for Qadhaa or Kaffarah. However, one should refrain from such actions whilst fasting.

وَلَا بَأْسَ بِالْقُبْلَةِ إذَا أَمِنَ عَلَى نَفْسِهِ أَيْ الْجِمَاعَ أَوْ الْإِنْزَالَ وَيُكْرَهُ إذَا لَمْ يَأْمَنْ لِأَنَّ عَيْنَهُ لَيْسَ بِمُفْطِرٍ وَرُبَّمَا يَصِيرُ فِطْرًا بِعَاقِبَتِهِ فَإِنْ أَمِنَ يُعْتَبَرُ عَيْنُهُ وَأُبِيحَ لَهُ، وَإِنْ لَمْ يَأْمَنْ تُعْتَبَرُ عَاقِبَتُهُ وَكُرِهَ لَهُ (الفتاوي التاتارخانية زكريا ص399 ج3)

ومنه أي موجب الكفارة ابتلع بزاق زوجته او بزاق صديقه لانه يتلذذ به (حاشية الطحطاوي علي مراقي الفلاح ص668)

ALLAH TA’ALA KNOWS BEST!

ANSWERED BY:

Mufti Mohammed Desai

Date: 10 Rabi-ul-Aakhir 1444 / 05 November 2022