What is the ruling on missed prayers, fasting, and sexual intercourse during the daytime in Ramadan, and adultery; and the ruling on swearing an oath by divorce with the intention of deterrence, not divorce; and how are people's rights to be returned, given ignorance of their number and some of their owners, and the death of some of them; and does this entail the irrevocability of the wife's divorce?
Repentance wipes away what came before it. The penitent must make up for the prayers he missed and the days of he did not fast. If he had intercourse with his wife during the daytime in Ramadan while he was fasting, he must make up for it (qada') and offer expiation (), which is fasting for two consecutive months or feeding sixty poor persons. If he was not fasting, he only has to make up for it (qada').
As for an oath of divorce conditioned on an action or omission, the preponderant opinion is that the divorce occurs. If it was a revocable divorce and the waiting period (') expired, it is a minor irrevocable divorce (baynunah sughra) and requires renewing the marriage contract and the dowry. If it was three divorces, it is a major irrevocable divorce (baynunah kubra), and she is not lawful for him until she marries another husband.
As for unlawfully acquired money, it must be returned to its owners if they are known. If that is not possible, it should be given as charity on their behalf.
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