Allah has made intimacy with wives—just like eating and drinking—lawful on the night of fasting until the break of dawn, saying: ﴿أُحِلَّ لَكُمْ لَيْلَةَ الصِّيَامِ الرَّفَثُ إِلَى نِسَائِكُمْ ۚ هُنَّ لِبَاسٌ لَكُمْ وَأَنْتُمْ لِبَاسٌ لَهُنَّ ۗ عَلِمَ اللَّهُ أَنَّكُمْ كُنْتُمْ تَخْتَانُونَ أَنْفُسَكُمْ فَتَابَ عَلَيْكُمْ وَعَفَا عَنْكُمْ ۖ فَالْآنَ بَاشِرُوهُنَّ وَابْتَغُوا مَا كَتَبَ اللَّهُ لَكُمْ ۚ وَكُلُوا وَاشْرَبُوا حَتَّى يَتَبَيَّنَ لَكُمُ الْخَيْطُ الْأَبْيَضُ مِنَ الْخَيْطِ الْأَسْوَدِ مِنَ الْفَجْرِ ۖ ثُمَّ أَتِمُّوا الصِّيَامَ إِلَى اللَّيْلِ﴾[1]; “Intimacy with your wives has been made lawful for you on the night of fasting. They are a garment for you, and you are a garment for them. Allah knew that you were betraying yourselves, so He turned to you (in mercy) and forgave you. So now, be intimate with them and seek what Allah has ordained for you. And eat and drink until the white thread of dawn becomes distinct to you from the black thread, then complete the fast until night.” This necessitates the permissibility of remaining in a state of janabah until the break of dawn; because when intimacy with wives is lawful until the break of dawn, then performing ghusl from janabah after the break of dawn poses no issue. This is the view of all Islamic sects except the Shi‘a, and it has been narrated abundantly from the Messenger of Allah [2]. Some have even considered it mutawatir[3]. It is also one of the two narrations transmitted from the Ahl al-Bayt[4], which, considering its agreement with the Book of Allah, takes precedence over the other narration from them, and the other narration from them is interpreted as indicating that this act is detested and that performing a makeup fast is recommended.

As a result, remaining in a state of janabah until the break of dawn is detested, but it is not unlawful and does not invalidate the fast. It is recommended that one who does so intentionally perform a makeup fast.