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Fatwa CenterTravelling and sexual intercourse
Question
I work as a civil pilot. In Ramadan, I sent my wife to visit her relatives in another city. On one of my flights, I intended to break my fast, but I did not eat anything. After my arrival, I headed toward the home where my wife stayed and had sexual intercourse with her. I believed that there would be no problem because I was on a journey. Could you please inform me as to whether my wife and I are required to offer expiation for our sexual engagement during that day of Ramadan?
Answer
All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and messenger.
A Muslim who is on a journey that does not involve sin may make use of the concessions pertaining to fasting, including the permissibility of breaking one's fast in Ramadan. There is a unanimous agreement among Muslim scholars on this issue. However, there is a difference in scholars' opinions concerning the permissibility of breaking one's fast on a day that he has already started and made the assertive intention to observe it.
According to the Hanafi and Maliki scholars and one view of the Shafi‘i scholars, a Muslim is not allowed to break the fast that he has already started unless he has a valid excuse. This is because once a travelling person ascertained his intention to observe fasting on some day, he becomes the same as someone in residence in terms of the obligation to complete the fast of that day.
However, there is a Hadeeth narrated, by Ibn ‘Abbas 
that the Prophet, sallallaahu ‘alayhi wa sallam, set off for a journey to Makkah in Ramadan in the Year of the Conquest and fasted that day until reaching ‘Usfan. There, he called for a cup of water. He raised his hands with the cup so that everybody could see him. Then, the Prophet, sallallaahu ‘alayhi wa sallam, drank and broke his fast until he reached Makkah. [Al-Bukhari and Muslim]
The scholars who do not allow a traveler to break the fast that he has already started did not accept this Hadeeth as authentic. Others interpret the Hadeeth to imply that the Prophet, sallallaahu ‘alayhi wa sallam, was probably not fasting on that day. In Al-Fath, Al-Haafith Ibn Hajar excludes such probability, as he explains that the context of the Hadeeth evidently indicates that the Prophet was fasting and then broke his fast before Maghrib (sunset/sunset prayer).
According to the opinion of the Hanbali scholars, which is also the opinion adopted by the Shafi‘i scholars, if a traveler makes the intention to fast but later, during the day and after he has started fasting, wants to break his fast, then he is allowed to break his fast, even if he has no excuses. This opinion is supported by the previously mentioned Hadeeth of Ibn ‘Abbas .
Ibn Qudaamah 
says that the referred to Hadeeth carries a clear-cut proof that leaves no room for opposing narrations to be considered.
The Hanbali scholars stated that, in such a case, a traveler can break his fast by whatever he wishes of eating, drinking, or having sexual intercourse with his wife. This is the preponderant opinion, given the explicit authentic hadith that supports it.
That being said, there is nothing wrong with what you have done. The fact that you made the intention to break the fast is enough for making breaking the fast allowable to you, whether you have broken your fast by eating or anything else. We alert you that having sexual intercourse with your wife in this specific situation is permissible only if she was not fasting and had nothing to prevent her from fasting such as menstruation or any other Sharee'ah-considered excuse.
Allah Knows best.
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