Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh.  (May Allah's Peace, Mercy and Blessings be upon all of you)

One of our brothers/sisters has asked this question:

Dear Brother,

I m thank full to you that u have provided consultation to muslims brother on their problems and we dont feel shy to ask.one of the divorce lady she is muslim put me this question Im not certain about its answerthats why im asking you .

Question:-

This muslim lady married to a guy who is found to be hungry of doing sex with her all the time.Doing sex with her like a wild animal.beating slapping was common during her intimate moments with him.seems he have so much sexual desire that mostly 3 or 4 times he do sex in one night and torture her badly.if she raised voice then he curse her and scolding is common.she never been treated nicely and feel so pain how he do. This guy was so hungry for sex that even her wife told that during fasting hours of ramadhan and during menses islam prohibit this act but he do sex with her during these time period even she cry and beg but all she get scold from him.

As i know sex is not allowed during ramadhan and during menses. Then who will be guilty although being as wife she told him its forbidden but he dont listen.(as she belive islam says respect the husband and her wishes like on bed)

my question is they had spend 10 yrs with each other and eventually she take divorced from him as he found to be engage in sex with other girls beside his wife.

im sure that husband fast become invalid and broken.what bout the wife... she told me that she have inform him about this but as he is stronger so he scold,slap and beat her while doing this.what she do about her fasts in which her husband did sex by force... 

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Answer:

Hungry for sex

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is no one (no idol, no person, no grave, no prophet, no imam, no dai, nobody!) worthy of worship but Allah Alone, and we bear witness that Muhammad(saws) is His slave-servant and the seal of His Messengers.

Q-1: Then who will be guilty although being as wife she told him its forbidden but he dont listen.(as she belive islam says respect the husband and her wishes like on bed)

Allah Subhanah has indeed commanded the wife to obey the husband; but if the husband commands something which is against the teachings of Allah and His Messenger (saws), then he will not be obeyed!

Allah Says in the Holy Quran Chapter 2 Surah Baqarah verse 222:They ask thee concerning women's menses. Say: They are a hurt and a pollution; so keep away from women in their courses, and do not ‘approach’ them (for intercourse) until they are clean. But when they have purified themselves ye may approach them in any manner, time or place ordained for you by Allah. For Allah loves those who turn to Him constantly and He loves those who keep themselves pure and clean.

Abu Hurairah reported that a man came to the Messenger of Allah (saws) and said: "I am destroyed, O Messenger of Allah!" The Prophet (saws) asked: "What has destroyed you?" He said, "I had intercourse with my wife during a day of Ramadan." The Prophet (saws) asked: "Are you able to free a slave?" He said, "No". The Prophet (saws) asked: "Is it possible for you to fast for two consecutive months?" He said, "No." The Prophet (saws) asked: "Is it possible for you to feed sixty poor people?" He said, "No." The Prophet (saws) said: "Then sit." A basket of dates was brought to the Prophet (saws) and he said to the man: ‘Give this in charity.’ The man said: "To someone poorer than us? There is no one in this city who is poorer than us!" The Prophet laughed until his molar teeth could be seen, and said: "Go and feed your family with it."

This is related by Bukhari, Muslim, Tirmidhi, Ahmad, and others.

It is indeed a grave sin in the sight of Allah Subhanah for a husband and wife to have sexual intercourse while fasting in Ramadan, or when the woman is in her menses. If the husband has forced himself on the wife in these times, he alone will bear the sin and the wife will be deemed absolutely innocent of the sin. And the husband’s atonement of this grave sin will be to free a slave, or fast two consecutive months, or feed sixty poor people. There is absolutely no atonement for the wife, except that her fast would become invalid, and she would have to make up her fast again on another day.

Q-2: im sure that husband fast become invalid and broken.what bout the wife...

The fast of the wife would become invalid, and she must make up for her this missed fast on another day of the year.

Q-3: what she do about her fasts in which her husband did sex by force... 

The fasts of the wife would be counted as invalid, and she must make up those fasts on another day of the year. If the wife can remember and count the number of days the husband forced her to have sex while fasting, she may redo those missed fasts again, or she may feed one poor person for every missed fast; it is expected that she will find her Lord Oft-Forgiving, Most Merciful.

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me. Allah Alone Knows Best and He is the Only Source of Strength.

Your Brother in Islam,

Burhan