Qadha/Kaffaarah of Ramadhaan fasts

Category: 

Fasting & I'kitaaf

According to Madhhab: 

Hanafi

Reference: 

1440-040

Question:

1. During Ramadhaan, a husband and wife kissed mouth to mouth for around 5-10 seconds while fasting just before going to sleep after Fajr. They do not know whether there was exchange of saliva or whether any saliva was swallowed. Will kaffaarah / qadha be necessary?

2. While making wudhu, after gargling the mouth and spitting out the water, some water enters a person’s mouth while washing his face. This happened because a person’s lips open slightly while washing the hair of the beard just below the lips. The person only realised his mistake recently and is not sure for how many years this has happened. He is also not sure if he swallowed this water. Should he keep qadha of all his Ramadhaan fasts? If yes, for how many years?

Answer:

1. In the mentioned scenario one will not have to keep Kaffarah as no saliva was swallowed intentionally . With regards to Qadha, if one is strongly inclined to the fact that saliva was swallowed (even though unintentionally) then Qadha will be necessary upon the spouse who swallowed the saliva, conversely if one’s inclination of the heart is that it was not swallowed than Qadha will not be necessary.

-It should also be kept in mind that in such a scenario if there was a discharge of sperm, then too Qadha would be necessary.

2. As long as there is no certainty or inclination of the heart that water was swallowed, Qadha will not be necessary.

AND ALLAH TAÁALA ALONE IN HIS INFINITE KNOWLEDGE KNOWS BEST

ANSWERED BY: Abdullah Bin Riyaadh
CHECKED AND APPROVED BY: Mufti Muhammed Saeed Motara Saheb D.B.
Darul Ifta Azaadville