I got weak and had intercourse with my wife during Ramadan fasting. Do I have a choice for Kaffara? either to make up for the broken fast , either feed 60 people or fast continuously for 60 days. Can I give kaffarah for 60 people in India?
بسم اللہ الرحمن الرحیم
الجواب وباللہ التوفیق
The First ruling in this case is that both spouses must make up one day's fast as “Qadhaa".
The second ruling is that if the wife had not agreed to this act and the husband had forced intercourse, then the wife will have to make up only one day's fast, but not the expiation “Kaffarah”, and the husband will have to make up both the “Qadhaa" and the “Kaffarah".
But if the wife had also agreed to intercourse, then both the husband and the wife must make up both expiations, that is:
1. To make up for the corrupted fast.
2. To fast consecutively for sixty (60) days as "Kaffarah"
If a break occurs in-between then must start anew from day one. However, the break that a woman has to take due to menstruation is forgiven. If it is not really possible to fast for two consecutive months, due to old age or a chronic illness that prevents fasting, so it is obligatory to give equivalent to “Sadaqa-tul-Fitr” either the amount of grain or its value to sixty poor people. The quantity of “Sadaqa-tul-Fitr” is (1/2 Saa), which is equivalent to (1.75 kilograms) of grains, or its corresponding value.
It is permissible to give grains to a poor person for sixty days of sadaqa al-fitr or to give the amount of sadaqa al-fitr to each of the sixty poor people on the same day.
If, instead of giving the amount of grain or the price of sadaqa al-fitr, sixty poor people are fed one day in the morning and evening, or one poor person is fed sixty days in the morning and evening, the expiation will still be paid.
Note that giving “Sadaqa-tul-Fitr” for the entire sixty day period to a poor person in one single day, will pay for the expiation of one day only. Not more than one day.
The third ruling is to repent and seek Allah’s forgiveness for this grave sin, and a resolve not to do it again.
من جامع عمداً في أحد السبيلين فعليه القضاء والكفارة، ولايشترط الإنزال في المحلين، كذا في الهداية. وعلى المرأة مثل ما على الرجل إن كانت مطاوعةً، وإن كانت مكرهةً فعليها القضاء دون الكفارة ( الفتاوى الهندية:۱/۲۰۵)
وَلَوْ أَعْطَى مِسْكِينًا وَاحِدًا كُلَّهُ فِي يَوْمٍ وَاحِدٍ لَا يُجْزِيهِ إلَّا عَنْ يَوْمِهِ ذَلِكَ وَهَذَا فِي الْإِعْطَاءِ بِدُفْعَةٍ وَاحِدَةٍ وَإِبَاحَةٍ وَاحِدَةٍ مِنْ غَيْرِ خِلَافٍ (الفتاویٰ الہندیہ : ۱/۵۱۳
فقط واللہ اعلم بالصواب