Praise be to Allah.
Firstly:
The questioner saying that she saw on the Islam Q&A website
that penetration without ejaculation does not invalidate the fast is not
correct. There is no such opinion on our website; rather what we say is the
opposite of that, because penetration is intercourse, and it invalidates the
fast and requires expiation according to scholarly consensus.
In the answer to question no.
148163 it says: the one who
has intercourse during the day in Ramadan when he is fasting and not
travelling has to offer a heavy expiation, which is to free a slave. If he
cannot do that, then he must fast for two consecutive months. If he cannot
do that, then he must feed sixty poor persons. He must also repent and make
up that day.
The same applies to the woman if she did that willingly. It
makes no difference whether ejaculation occurred or not. If intercourse –
i.e., penetration – occurred then the expiation must be offered. End quote.
Its says in al-Mawsoo‘ah al-Fiqhiyyah, 35/55
There is no difference of opinion among the fuqaha’
concerning the view that expiation is required of the one who has
intercourse in the vagina during the day in Ramadan, deliberately with no
excuse, whether he ejaculates or not. End quote.
Perhaps the questioner read something that said that intimacy
or foreplay without ejaculation does not invalidate the fast, and she
thought that what was meant by that was intercourse. But this is a
misunderstanding, as we have mentioned, because what is meant by intimacy or
foreplay is enjoyment of the wife without penetration in the vagina.
See the answer to question no.
95383
Secondly:
Ejaculation, even without intercourse, invalidates the fast
according to the correct opinion. This is the view of the majority of
scholars, and it was narrated that there was consensus. An-Nawawi (may Allah
have mercy on him) said:
If he kisses or touches any part (of his wife’s body) apart
from the vagina with his penis, or he touches the woman’s skin with his hand
or otherwise, if he then ejaculates then his fast is rendered invalid,
otherwise it is not. The author of al-Haawi and others narrated that
there is consensus that the fast is invalidated in the case of one who
kisses or touches anything other than the vagina and ejaculates.
End quote from al-Majmoo‘ Sharh al-Muhadhdhab, 6/322
Ibn Rushd (may Allah have mercy on him) said:
All of them say: the one who kisses then ejaculates has
broken his fast.
End quote from Bidaayat al-Mujtahid, 2/52
Ibn Qudaamah (may Allah have mercy on him) said:
If he kisses then ejaculates… He has broken his fast and
there is no difference of scholarly opinion that we know of.
End quote from al-Mughni, 3/127
Thirdly:
It is essential to be careful and cautious when engaging in
foreplay during the day in Ramadan. The one who fears that he will not be
able to control himself should refrain from that, so as to protect his
religious commitment and his honour.
Ibn ‘Abd al-Barr (may Allah have mercy on him) said:
I do not know of any (scholar) who granted a concession
allowing the fasting person to kiss (his wife) except he stipulated that he
should be certain that he is safe from what that leads to; the one who knows
that it will lead to that which will invalidate his fast must avoid it.
End quote from al-Istidhkaar, 3/296. See also the
answer to question no. 107335
Fourthly:
If a person had intercourse during the day in Ramadan when he
was ignorant of the prohibition on doing so, the scholars differed
concerning that. The view of the Hanbalis, which is the view favoured by the
Standing Committee for Issuing Fatwas, is that he is obliged to make up that
day and offer expiation.
But the more correct view is that the one who was unaware
that this action is haraam is excused and does not have to do anything.
It says in Haashiyat ar-Rawd, 3/411:
Ibn ‘Abd al-Barr said: The correct view with regard to eating
and having intercourse if does hat without being aware (of the prohibition)
is that they do not invalidate the fast. This was stated by more than one of
the scholars: intercourse is like eating with regard to doubt, compulsion
and ignorance. End quote.
But we should highlight here the difference between the one
who was unaware of the ruling – who is the one who is excused, although
there is a difference of difference concerning him, as stated above – and
the one who knew the ruling but was unaware of the consequences. The one who
knew that intercourse during the day in Ramadan is haraam, but he did not
know that expiation is required for it, cannot be excused for his ignorance
and he has to offer expiation.
Shaykh Ibn ‘Uthaymeen was asked:
There is a man who had intercourse with his wife during the
day in Ramadan, but he did not ejaculate. He was unaware of this ruling and
the consequences, but he knew that intercourse with ejaculation is haraam.
What is the ruling?
He replied:
The most correct view is that the one who does one of the
actions that break the fast, or one of the actions that are forbidden when
in ihram, or one of the actions that render the prayer invalid, when he is
unaware of that, is not to be blamed. If this man who had intercourse with
his wife during the day in Ramadan was unaware of the ruling and thought
that the intercourse that is forbidden is that in which ejaculation occurs,
then there are no consequences for that.
But if he was aware that intercourse (during the day in
Ramadan) is haraam, but he did not know that expiation is required for it,
then he has to offer expiation, because there is a difference between
ignorance of the ruling and ignorance of the consequences. Ignorance of the
consequences does not count as an excuse, whereas ignorance of the ruling
does count as an excuse.
End quote from al-Liqa’ ash-Shahri, 1/7
See also the answer to questions no.
107335,
20237 and
22938
And Allah knows best.