He travelled to a house of his in Madinah and had intercourse during the day in Ramadan without ejaculating

Question: 148163

I was on leave and I travelled to Makkah to do ‘Umrah, then I went to al-Madinah al-Munawwarah, where I had intercourse with my wife during the day in Ramadan, but there was no ejaculation. Do I have to do anything? If I have to do something, as far as I know it is, in order, to free a slave, which I cannot do because I do not have enough money; or to fast for two consecutive months, which I cannot do because of the circumstances of my work in the field, and with the summer heat it is too difficult for me to fast. Can I feed sixty poor persons, and does my wife have to do the same thing because she was willing? Please note that we have a house in al-Madinah al-Munawwarah and I am a resident of Riyadh; I go there when I am on leave.

Praise be to Allah, and peace and blessings be upon the Messenger of Allah and his family.

Whoever has intercourse in the day in Ramadan when he is
fasting and is not travelling has to offer a severe expiation, which is to
free a slave. If he cannot do that, 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. The same
is required of the wife if she was willing. It makes no difference whether
ejaculation occurred or not; if intercourse, i.e., penetration, occurred,
then expiation must be offered.

If they were travelling, then there is no sin and they do not
have to offer expiation or refrain from eating and so on for the rest of the
day. Rather they have to make up that day, because fasting was not
obligatory for them.

If you are a resident of Riyadh and you have a house in
Madinah that you go to when you are on leave, then when you go to Madinah
you come under the same ruling as those who reside there, and you have to
fast and offer the prayers in full, and it is haraam for you to break the
fast by having intercourse and so on, and you have to offer expiation for
having intercourse.

But if you went to Makkah, for example, then you do not come
under the same ruling as those who reside there, unless you intended to stay
there for more than four days. If you intended to stay there for less than
that, then you come under the ruling on travelers.

Shaykh Muhammad ibn ‘Uthaymeen (may Allah have mercy on him)
was asked: A man travelled from one city to another, and he owns a house in
the city to which he travelled; should he offer the prayers in full or can
he shorten them?

Shaykh: But is he a resident in that city? For example, does
he stay for two or three months in one, then two or three months on the
other, or what?

Questioner: He travels there during the summer vacation.

Shaykh: He goes there during the summer?

Questioner: Yes.

Shaykh: Then he should not shorten his prayers, because in
fact he has two homes.

End quote from Liqa’ al-Baab al-Maftooh, 25/162

Based on that, if your breaking the fast happened before you
entered Madinah, there is no sin on you for what you did, and all you have
to do is make up that day, because you broke the fast because of
travelling.

But if your breaking the fast happened after you had entered
Madinah, then you have to offer expiation.

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.

See also the answer to
question no. 106532

And Allah knows best.

Source:

Islam Q&A

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