1. Is it permissible to perform Hajj while having a loan or debt? 2. Is it permissible for a traveler who intended to fast, but then felt a desire to break his fast due to feeling distant from his wife, who will be absent for a year, to break his fast and fondle his wife (short of full intercourse), knowing that she was menstruating?
Scholars have differed regarding one who did not take the dispensation of breaking the fast while traveling, then intentionally broke their fast without an excuse. The Hanafis and Malikis held that this is forbidden and necessitates making up the fast (qada'), with the Malikis adding expiation (). In contrast, the Shafi'is and Hanbalis held that this is permissible, even if it involves intercourse, and that only making up the fast is required, because it is a fast that is not obligatory to complete. This latter opinion is the preponderant one. Therefore, there is no blame upon either of you for what you did, and you are only required to make up that day.
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