Fatwa ID: 01835
Answered by Mufti Mohammed Tosir Miah
Question:
I was kissing my wife on the lips and she on purpose put her tongue in to my mouth, I immediately jumped back and spit my saliva out, does this require expiation/kafara(60 days).. Plus, in nur al idah it is stated that passionate kissing will require a kaffara, could you also elaborate on this my brother
Answer:
In the Hanafi Fiqh if the husband and wife passionately kissed each other to such an extent that it results in the exchange of each other's saliva, the fast will break and kaffarah will be necessary.
It is mentioned in Fatawa Hindiyyah, "If one swallows the saliva of another, one's fast will be invalidated without expiation (kaffarah) being necessary, unless the saliva is of one's friend (or spouse), for that will also necessitate expiation." (p.203 v.1)
Regarding your question, if you managed to spit out your wife's saliva before swallowing it then your fast would not break, otherwise, if you swallowed the saliva you will have to do qadha and kaffarah.
Only Allah Knows Best
Mohammed Tosir Miah
Darul Ifta Birmingham