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Last Updated: 2013/07/29
Summary of question
What is the opinion of maraja' related to several traditions in Shia literature mentioning the permissibility of sexual contact during fasting and saying that it does not affect the fast?
question
What is the opinion of maraja' related to several traditions in shia literature mentioning the permissibility of anal intercourse during fasting, and that the action will not affect the fast? "It has been narrated that some men from Kufa asked Imam Sadiq (a.s) about a man who had sexual intercourse with a woman from her anus while she was fasting. He replied, “It does not break her fasting and she does not have to wash up (from janabah)”. (Wasail al-Shi’ah ila Tahseel Masail al-Shari’ah by Shaykh Hurr Amili). This tradition has also been narrated by Ibn Idrees.
Concise answer
As for your question, we must say that as it has been mentioned in your message, Shaykh Hurr Amili has opened a chapter in his “Wasail al-Shi’ah” entitled “Rules Regarding Anal Intercourse without Ejaculation”. In this chapter, he has quoted three traditions from Shaykh Tusi’s Al-Tahzib. The first tradition forbids anal intercourse when one is observing fast considering it as vaginal intercourse in terms of the rules which are applicable to it. However, the two other traditions imply that anal intercourse is permissible during fast and that, with this action, Ghusl does not become obligatory on the woman. [1] However, according to jurisprudents and religious authorities (Maraje’), sexual intercourse, be it from the back passage or the front, is forbidden and it will render fast void.[2] For further information in this regard, you can refer to index 6085 (Sexual Intercourse during Fast) on our website.
Now when it comes to why some Shia jurisprudents have given such a fatwa in spite of such traditions and how they have reconciled these traditions with other traditions, we shall give the following explanation:
1. Some jurisprudents have criticized the chain of the transmission of the tradition in question saying that it is not reliable and that it should be put aside because the narration is attributed to the Infallible regardless of its being connect.  It is mursal and marfu (elevated)[3]. [4]
2. Some have said that the arguments which consider ghusl-e janabat as a result of insertion (of the male organ) are absolute and unrestricted, so it includes both kinds of the sexual contact.  These jurisprudents have categorically said that these few narrations cannot restrict or limit those absolute traditions. Moreover, the traditions in question are weak and that Shia scholars and jurisprudents have not acted upon them. In fact, they have acted and given fatwa (verdict) against it.[5]
3. Some have said that it is likely that the tradition imply insertion (of male organ) to an extent less than the point of circumcision which does not cause ghusl to become obligatory.[6]
4. Some believe that it is likely that the Infallible (a.s.) had forbidden anal intercourse due to Taqiyah (quietism or dissimulation) because what has been said was in accord with the view of some of the followers of the Sunni school of jurisprudence.[7]
 What was mentioned above have something to do with prohibition of this act for a person who is observing fast. For information about the rules of anal intercourse in situations and times other than the time of fasting, you can refer to index 8627 (Approaching Wife from Behind) on our website.
 

[1] The text of the tradition is as follows:
محمد بن الحسن‏ بإسناده عن‏ محمد بن علی بن محبوب‏ عن‏ أحمد بن محمد عن‏ بعض الکوفیین‏ یرفعه إلى‏ أبی عبد الله(ع‏)‏ فِی الرَّجُلِ یَأْتِی الْمَرْأَةَ فِی دُبُرِهَا وَ هِیَ صَائِمَةٌ قَالَ لَا یَنْقُضُ صَوْمَهَا وَ لَیْسَ عَلَیْهَا غُسْل
Imam Sadiq (a.s) was asked about a man who had sexual intercourse with a woman from her anus while she was fasting.  He replied, “It does not break her fasting and she does not have to wash up (from janabah)”. (Wasail al-Shi’ah, vol.2, pg. 200, chapter 12, hadith 3, Aalulbayt Institute, qom, first, 1409 A.H.
[2] Vide: Imam Khomeini, Sayyed Rohullah, Tahrir al-Wasilah, vol.1, p. 281, Darul Ilm Printing and Publication Institute, Qom, first, (date not known).
[3] For information about marfu and mursal tradition, you can refer to index: 10825 (Hadith Marfu, Maqtu’ and Mawquf).
[4] Shushtari, Muhammad Taqi, Al-Naj’atu fi Sharh al-Lum’ah, vol.1, p. 207, Saduq Library, Tehran, first 1406 A.H.
[5] Hamedani, Mr. Reza, Mesbah al-Faqih, vol.3, p. 262, Al-Ja’fariyah Institute for Revival of Islamic Heritage and Islamic Publications Institute, Qom, first, 1416 A.H.
[6] Najafi, Author of Jawaher al-Kalam, Muhammad Hasan, Jawaher al-Kalam fi Sharh Sharaye’ al-Islam, vol.3, p. 34, Dar Ihya al-Turath al-Arabi, Beirut, seventh, 1404 A.H.
[7] Shushtari, Muhammad Taqi, al-Naj’ah fi Sharh al-Lum’ah, vol.1, p. 207, Faiz Kashani, Muhammad Mohsen, al-Wafi, vol.6, p. 412, Imam Amirul Momeneen Library, Esfahan, first edition, 1406.
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