Died Before Paying Jimak Kaffarat in the Month of Ramadan

Law and penance people who pray on the day of Ramadan

It is no longer taboo regarding the law of jimak (husband and wife) in the month of Ramadan. Apart from breaking the fast, a person who has sex with his wife during the day of Ramadan is obliged to fulfill his fast and pay for it. penance. This opinion is the opinion of the jumhur (majority) of ulama. As quoted by Al-Imam Ibn Rushd in Bidayatul Mujtahid. [1]

So, someone who commits suicide during the day of Ramadan will suffer at least three consequences [2]:

– The fast is broken;
– Qadha fasting;
– Pay penance

Jumhur scholars argue with the hadith of Abu Hurairah May god bless you, he says,

When we were sitting with the Prophet Muhammad SAW, a man came to him and said: O Messenger of Allah, I have perished. He said: What’s wrong with you? He said: I had sexual intercourse with my wife while I was fasting, then Rasulullah SAW said: Can you find a slave to free? He answered: No. He asked: Is it permissible to fast for two months in a row? He said: No. Then he said: Can you feed sixty poor people? He said: No. He said: So the Prophet, may God bless him and give him peace, stayed, and when we did that, a wine filled with dates was brought to the Prophet, may God bless him and give him peace. He said: Where is the questioner? He said: I am. He said: Take it and give it in charity. The man asked: Are you poorer than me, O Messenger of Allah? By God, between his two daughters – meaning the free one – there is no household poorer than mine. So the Prophet Muhammad SAW laughed until his fangs showed, then he said: Feed your family to him.

“While we were sitting with the Prophet ﷺ, suddenly a man came and said, ‘O Messenger of Allah, woe is me!’ He asked, ‘What happened to you?’ He answered, ‘I had sexual intercourse with my wife, even though I was fasting.’ The Prophet ﷺ asked, ‘Do you have slaves who can be freed?’ He answered, ‘No.’ He asked again, ‘Can you fast for two months in a row?’ He answered, ‘No.’ He asked again, ‘Do you have enough food to feed sixty poor people?’ He answered, ‘No.’

Then the Prophet ﷺ was silent for a moment. When we were in such a condition, the Prophet ﷺ was brought one vodka contains dates —vodka is a big basket. He asked, ‘Where is the person who asked earlier?’ The man answered, ‘I am.’ He said, ‘Take this and give it in charity.’ The man asked, ‘What about people who are poorer than me, O Messenger of Allah? By God, there is no family between these two rocky hills (in Medina) that is poorer than mine.’ The Prophet ﷺ laughed until his fangs were visible, then he said, ‘Feed your family (with these dates).'” (Muttafaqun ‘alaih)

The argument above is a proposition that is clearly related to law and penance people who perform idols during the day in the month of Ramadan. Although some scholars disagree regarding the issue, “Whether it is obligatory to make up for one’s fast or not.”

Among those who think it is not mandatory qadha is part of the opinion of the Shafi’i school of thought. They are of the view that there is no strong argument that shows that fasting is mandatory for people who fast on Ramadan. But punished by Al-Imam Ibn Rushd God bless that this opinion is an opinion that differs from the majority of ulama. [3]

Also Al-Imam Ibn Hazm may Allah forgive him, He believes that fasting is not obligatory except for people who deliberately vomit.

The obligation to compensate if vomiting is done intentionally has been authorized by Rasulullah SAW, as we have previously mentioned in two issues; It is not stated that fasting is broken due to intentional eating, drinking or sexual intercourse, but there are texts that require qadha.

“The obligation to make qadha (a substitute for fasting) for people who deliberately vomit has been legally established by the Prophet. sallallaahu ‘alaihi wa sallam, -as we have mentioned in the two problems before this discussion-. However, regarding breaking the fast because of intentionally eating, drinking or having sex with husband and wife, there is no text (proof) that requires it qadha.” [4]

We mention this as information that there are differences of opinion among the ulama regarding whether fasting is obligatory or not. In this case, the opinion of the majority of ulama regarding fasting is closer to the proposition.

Apart from the discussion above, the ulama agree that it is mandatory to pay penance. It was even stated that the scholars of the four schools of thought agreed that it would be mandatory to pay penance based on the hadith of Abu Hurairah May Allah bless him and grant him peace on.

What if someone dies before paying Penance?

What you need to know first is that penance does not end with the death of someone. It remains a debt that must be paid and must be paid. Moreover penance in this case it relates to debt to God Exalted, so the debt must be settled and paid off.

As in the hadith of ‘Abdullah bin ‘Abbas Radhiyallahu ‘anhuma, when a woman asked the Prophet sallallaahu ‘alaihi wa sallam about his mother who died and left a fasting debt. He sallallaahu ‘alaihi wa sallam answer,

He asked: What do you think, if he had a debt, would you pay it off? He said: Yes. He said: God’s debt is more worthy of being paid.

He said, don’t you see that your mother has debts, don’t you help pay them off? The woman said, ‘Yes.’ He said, ‘Then the debt to Allah has the right to be repaid.’ (Muttafaqun ‘alaih)

Who pays the debt Penance?

In this case, the person who pays is the guardian. Based on the hadith of ‘Aisyah May god bless you, from the Prophet sallallaahu ‘alaihi wa sallam, he says,

Whoever dies and is obliged to fast, his guardian will fast on his behalf

“Whoever dies while he owes a fast, then his guardian is the one who (replaces) his fast.” (Muttafaqun ‘alaih)

The meaning of guardian here is the heir of the deceased. [5] So, it is the heirs who have the right to pay the debt penance from the dead, not anything else.

How to pay off debt Penance?

Before talking about paying off debt penance, Please note that when paying penance who are required to pay them sequentially and not by choice.

If you look, it’s deep penance on Ramadan days there are several categories:

– Freed slaves;
– Fast for two consecutive months;
– Feed sixty poor people.

In this case, the majority of ulama are of the opinion that payment is obligatory penance sequentially. [6] That is, it first starts with the liberation of the slaves; if you cannot afford it, then fast for two consecutive months; if you cannot afford it, then feed sixty poor people.

So the way to do it is sequentially, in this case you cannot freely choose until you are absolutely sure that it cannot be done.

After knowing that you have to pay penance must be sequential, then the deceased’s guardian pays according to the category he is able to do.

If he is able, it is permissible for him to fast for two consecutive months at the same time by making up for fasts that are broken due to circumcision. You could say, just one person from the guardian is enough to fast. That is the opinion of Sheikh Al-Utsaimin God bless. [7] Because the requirement for fasting must be two consecutive months. From here, it is not permissible if several guardians of the deceased agree to take turns in replacing the fast.

If the guardian or heir is unable to make up for his fast for two consecutive months, then it is possible to move to the next category. That is, feeding sixty poor people.

It is best, before dividing inheritance assets, the heirs first separate the deceased’s assets to pay debts. Good debt to Allah Drug or debt to fellow human beings. A debt to God is like payment penance for example, this is what must come first before dividing inheritance.

Therefore, feeding sixty poor people is best done using the deceased’s wealth. If the deceased’s assets do not exist to pay for it, then it is permissible for the heirs to feed sixty poor people. [8]

God bless.

***

Depok, 14 Ramadan 1447H / 3 March 2026

Writer: Muhammad Zia Abdurrofi

Article Muslim.or.id

Footnote:

[1] Bidayatul Mujtahid, 2: 587.

[2] This discussion can be seen in the book Sahih Sunnah Fiqh, 2: 107.

[3] Al-Jadaawil Al-Fiqhiyyah lil Masaa’il Al-Khilaafiyah fi Kitabi Bidaayatil Mujtahid, matter. 636.

[4] Al-Muhalla bil Atsar, Problem 735, 4: 308.

[5] Asy-Syarhul Mumti’ ‘style Zaadil Mustaqni’, 6: 451-452.

[6] Al-Jadaawil Al-Fiqhiyyah lil Masaa’il Al-Khilaafiyah fi Kitabi Bidaayatil Mujtahid, matter. 641; Sunnah Fiqh, 1: 346; And Sahih Sunnah Fiqh, 2: 109.

[7] Asy-Syarhul Mumti’ ‘style Zaadil Mustaqni’, 6: 452-453.

[8] https://islamqa.info/ar/answers/131660

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