Question Summary:
Kissing whilst fasting

Question Detail:

Asalamualaykum wa rahmatullahi wabarakatuhu respected Mufti Sahib
 
Our question pertains to acts which break the fardh fast.
 
During the fardh fast of Ramadan, a newly married couple engaged in passionate kissing wherein the tongue entered the spouse's mouth. They were under the impression that this is a permissible act during fasting as they had come across two ahadith that indicated that it is permissible to do so during fasting.
 
One hadith was the hadith of Sayyidina Umar radiyAllahu anhu where the Prophet SallAllahu alayhe wassallam likened kissing to the act of rinsing the mouth during wudu. The other hadith was in Sunan Abi Dawud that stated that Prophet SallAllahu alayhe wassallam used to kiss his wife during the fast.
 
The couple have come across a source that mentioned that this act is impermissible during fasting. Could Mufti sahib please explain if:
a) the fast broke and qadha is needed
b) if kaffarah is needed or not and if so, is one kaffarah sufficient or will they have to give multiple kaffarahs for multiple fasts?

Answer :

In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
 
 
 
It is permissible for the spouses to kiss each other in the state of fasting on condition:
a)    It is not with sexual affection,
b)    They can contain their carnal desires to ensure that it does not lead to intercourse or ejaculation,
c)    There is no exchange of saliva.
It is not permissible to kiss in a way that saliva is exchanged. That will invalidate the fast and Qadha will become compulsory if it is a fardh fast. Kaffarah too will become compulsory. It is not permissible to engage in any sexual activity which will lead to intercourse. Intercourse in the state of fardh fast will invalidate the fast, and Qadha and Kaffarah will become compulsory. [[i]][[ii]]
 
And Allah Ta’āla Knows Best
Riḍwān
Student Darul Iftaa 
UK
 
Checked and Approved by,
Mufti Ebrahim Desai