Suspecting having sexual intercourse while fasting
15-9-2009 | IslamWeb
Question:
A man had sexual intercourse with his wife during the daytime in Ramadhaan. Nevertheless, when he woke up, he said that he knew and remembered nothing about this. His wife, however, had the feeling that they had done so. What is the Sharee‘ah ruling on this?
Answer:
All perfect praise be to Allaah, the Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His Slave and Messenger.
If both the husband and his wife are not certain that they had sexual intercourse, and moreover the husband is certain while the wife is doubtful, their fasting is valid and they are responsible for nothing because the basic premise is that their fasting is valid and such a status is not changed unless there is a certainty. Certainty is not removed or changed by mere doubts.
Commenting on a Hadeeth, An-Nawawi 
said, "This Hadeeth is one of the principles of Islam and a great rule of Fiqh (Jurisprudence). It is a proof that things remain upon their original state until there is certainty of a change occurring, and mere doubt does not affect this."
If we supposed that they really had sexual intercourse but they did not feel that they did because they were sleeping or sleepy and were unaware of their action, then they are also responsible for nothing. Allaah The Exalted Says (what means): {And there is no blame upon you for that in which you have erred but [only for] what your hearts intended. And ever is Allaah Forgiving and Merciful.}[Quran 33: 5]
Shaykh Ibn ‘Uthaymeen said, "If the husband means with his statement ‘I did not feel anything’ that he had sexual intercourse with his wife while he was indeed sleeping or sleepy and was unaware of his action, he is responsible for nothing."
If the wife is certain that there was sexual intercourse and she was not forced, she will be required to make up for that day and repent to Allaah. As for whether she is responsible for the expiation or not, there are two relevant views. For details, please see Fatwa 41607.
Allaah Knows best.