there hasta be another FIDE rule that clarifies more this...cuz ur not convincing me. i'll go and look more when i have time.

The pawn moving to c5 has to be legal for white to make a decision. Black can't move to c5 since that leaves the king in check and would be illegal. 

If c5 was legal, which it isn't, then black would have the choice of moving one or two squares. At that point, white has a choice to ignore the en passant capture or take as if the pawn had only moved one square. The black pawn was never on c6 in that instance so has no bearing on the fact the king was is in check in your original position; the pawn isn't a Schrodinger's pawn, both on c6 and c5 until white makes a decision, since it could never be on c5.

So long....

These are the overriding rules:

3.9.2 

No piece can be moved that will either expose the king of the same colour to check or leave that king in check.

3.10.1 A move is legal when all the relevant requirements of Articles 3.1 – 3.9 have been fulfilled.

3.10.2 A move is illegal when it fails to meet the relevant requirements of Articles 3.1 – 3.9

In the position in the original post it must be Black’s move. Because it is illegal to move into check, White must have of made the last move. Since Black is required to get out of check the only legal moves are 1 … c6, 1 … Kd8, 1 … Ke7, 1 … Kf7, and 1 … Kf8. En passant is not possible after any of these moves.

In the second position it is also Black’s move (since the King is in check). Black plays 1 … Rxb5+ and will win very soon. En passant is not a possibility … because it is not White’s move. If the Black K were on f8 and Black had just played 1 … e7-e5, then indeed White could only capture the pawn by 2. dxc6. It’s a horrible move, but White could play it.

ok ok. u convinced me. dont have a stroke over it. i mean it wuznt that big of a deal.

and thank you Martin ! ur the only one who gave descriptive evidence (#44) w/ the overriding rule Article 3...3.9.2.

Lola  

Good forum Lola.  It got a lot of attention. 

If you are in check you have to make a move that takes you out of check and if there is not one you've been checkmated, game over. It does not matter if your opponent's next move will take you out of check, your King is still under attack! The fact that the pawn moving to c5 can be captured as if it was on c6 is irrelevant, the pawn move to c5 does not block any attack that goes through c6. There is no question about this! In the position shown the are only 5 legal moves, moving the King to d8, f8, e7 or f7 so it is out of the line of attack by the Queen or else blocking the Queen's check with pawn to c6.

Arthur, w/ all due respect, i wuznt looking for s/o's interpretation. I wuz challenging FIDE's rules and Martin provided the answer. so im happy now (for about 10 minutes).

...and thx Nate. I believe ur my friend, yes ? will check  .

yes were friends   :: ))

The forums may actually be running out of things to discuss...

I think even if the option for the pawn capture exists it doesn't matter because the piece that initiated the check is still in the position and providing the check after c5. The option exists but it doesn't matter since the queen is on the same diagonal, if it was my turn and you played c5 I'd just capture your king with the queen and thus the game would be over. 

u probly dont live in the city, right ?

we should always question arbitrary chess move rulings. like castling, en pissant, pawn movements, forced promotion, etc...unless were scaredeekats.

только что я играл с мошенником какего наказать?

Why Canchu En Passant Outta Check ?

Have you seen this?

White played 1. Bg2+ and announced mate in three. Black laughed, said "You've mated yourself!" and played 1. ... d5 blocking White's check and discovering check on white's King. "Mate!" he announced.

White captured the Pawn en passant with 2. cxd6 and repeated his own claim of checkmate.

Black protested "You can't do that! You're in check!".

White countered "No, your Pawn never reached the d5 square. It was captured en passant as it crossed the d6 square. So you never blocked my original Bishop check. You are the one who is mated, not me."

The two players couldn't agree on the outcome of the game, so they called for the Arbiter.

Who won? Whose claim did the Arbiter uphold?

The only thing FIDE says about en passant is:

3.7.4.2 This capture is only legal on the move following this advance and is called an 'en passant' capture.

There's nothing about the pawn being captured in transit.

Also,

6.2.1 During the game each player, having made his move on the chessboard, shall stop his own clock and start his opponent's clock ... This "completes" the move.

After the move 1. ... d5 is completed, there is obviously a pawn on d5.

And as, 

1.2 The player with ... [White] makes the first move, then the players move alternately, with the player with  ... [Black] making the next move.

the pawn is not captured--by a move--until after the Black pawn landed on d5. But, as the e.p. capture doesn't get White out of check, the move is illegal.

Under FIDE rules Black wins.

Also, White takes the bizarre stance that 1. ... d5 is a legal move (by playing a move after it) and that it is an illegal move since it (allegedly) doesn't get Black out of check.

Correct.

White has shown himself to be a master of sophistry, rather than chess.

canchu and hellaweird

I think my vocabulary is going downhill fast.