I have been married for eight years and have not had any children. I want to have artificial insemination, but because of my circumstances I will be doing the procedure to implant embryos during the day in Ramadan. Does this invalidate the fast? Do I have to offer expiation for that day or not?
Praise
be to Allah
What is meant by artificial insemination is fertilising the
woman’s egg with the sperm of the man, without having intercourse.
Artificial insemination may be done internally or
externally.
In the case of internal insemination, the semen is taken from
the man to be injected into the appropriate place inside the wife’s uterus,
so that the sperm will meet the egg naturally and fertilisation between them
will occur.
The sperm is injected inside the wife’s uterus via a thin
tube that transfers the sperm to the cervix (neck of the womb).
External fertilisation (test-tube babies) is done by taking
the semen from the man and the egg from the woman’s ovary, then they are
placed in a test tube, under specific physiological conditions so that
fertilisation between them may occur, then the fertilised egg is transferred
to the wife’s uterus so that it may attach to the wall of the uterus and
grow like any other foetus.
We have previously explained the ruling on artificial
insemination in a number of fatwas. Please see the answer to question no.
3474.
In order to understand the effect that this procedure has on
the fast, we must explain a number of rulings:
1.
Taking semen from the man by means of masturbation: if this
is done during the day in Ramadan, then this is one of the things that break
the fast, according to the majority of scholars.
Therefore the man must avoid this during the day in Ramadan.
See the answer to question no. 222234.
2.
Taking the woman’s eggs in the case of external fertilisation
is not regarded as breaking the fast, because this is usually done by means
of a laparoscope (i.e., through an incision in the abdomen) or through the
vagina, as a fine needle connected to the equipment is inserted through
incisions made at the umbilicus and the lower abdomen, and the fluid
containing the eggs is extracted, or it is done using ultrasound.
Neither of these methods is regarded as breaking the fast.
3.
Insertion of the man’s semen into the woman’s vagina by means
of a tube is also not regarded as breaking the fast, because this
fertilisation procedure does not come under the heading of food and drink,
neither in a real sense nor by any resemblance, and it is not akin to eating
or drinking in any sense at all.
Modern medicine has proven that the woman’s vagina is not
connected to the digestive system at all, so anything that enters the
woman’s vagina cannot be regarded as breaking the fast.
Al-Bahooti said: Rather her fast is broken if a man’s penis
penetrating her vagina, because that is intercourse, and intercourse breaks
the fast because it is likely to lead to ejaculation.
End quote from Sharh Muntaha al-Iraadaat (2/364)
This is what the Islamic Fiqh Council based its view on when
it stated that anything that enters the vagina is not regarded as breaking
the fast. In their statement it says: The following things are not regarded
as breaking the fast:
·
Anything that enters the
vagina, such as a pessary, douche, scope or fingers for a medical exam.
·
Insertion of a scope, IUD
(“coil”) and the like into the uterus.
·
Anything that enters the
urethra of the male or female, such as a catheter, scope, opaque dye for
certain types of diagnostic imaging, medication or a solution to wash the
bladder.
End quote from Qaraaraat Majma‘ al-Fiqh al-Islami (p.
312)
Insertion of semen via this method is not regarded as
intercourse; hence an-Nawawi (may Allah have mercy on him) said: If she
inserts semen via her vagina or rear passage, she is not required to do
ghusl.
End quote from Rawdat at-Taalibeen (1/85)
An-Nafraawi said: The woman does not have to do ghusl if
semen enters her vagina without her maniy also being emitted.
End quote from al-Fawaakih al-Dawaanah (1/117)
See also the answer to question no.
141858
Based on that, artificial insemination procedures, whether
they are done inside or outside the body, and implanting embryos in the
uterus, do not spoil the woman’s fast.
But it is better for the woman to avoid doing that during
Ramadan if possible, so as to guard her fast and avoid any areas of doubt.
See also the answer to question no. 49727
And Allah knows best.
