Question
During Ramadhaan, a husband and wife kissed mouth to mouth for around 5-10 seconds while fasting just before going to sleep after Fajr. They do not know whether there was exchange of saliva or whether any saliva was swallowed. Will kaffaarah / qadha be necessary?
Answer
In the mentioned scenario one will not have to keep Kaffarah as no saliva was swallowed intentionally1 . With regards to Qadha, if one is strongly inclined to the fact that saliva was swallowed )even though unintentionally) then Qadha will be necessary upon the spouse who swallowed the saliva, conversely if one’s inclination of the heart is that it was not swallowed than Qadha will not be necessary.
It should also be kept in mind that in such a scenario if there was a discharge of sperm, then too
Qadha would be necessary.
Checked and Approved By:
Mufti Muhammed Saeed Motara Saheb D.B.
References
(رد المحتار على الدر المختار ٢/٤١٠)
(حاشية الطحطاوي على مراقي الفلاح ٦٦٣)