Is the expiation (kaffarah) waived if a person engages in sexual intercourse during the fast and subsequently becomes ill, insane, or if a woman begins menstruation or postpartum bleeding during the day?
General Chapter
Al-Mughni
Book of Fasting
Primary text
The expiation for breaking the fast through sexual intercourse is not waived if the person later becomes ill, insane, or if a woman begins menstruation or postpartum bleeding during the day of the fast. This position is held by Malik, Al-Layth, Ibn al-Majishun, and Ishaq. The reasoning is that the condition invalidating the obligation (illness, menses, etc.) occurred *after* the expiation became obligatory due to the completed act of intercourse. This is analogous to the expiation not being waived by subsequent travel. Furthermore, the individual corrupted an obligatory fast in Ramadan with a complete act of intercourse, thus establishing the expiation, just as if no subsequent excuse had occurred.
Supporting text
The Ashab al-Ra'y (Hanafi school) hold that no expiation is due. Al-Shafi'i has two opinions corresponding to these two positions. Their evidence rests on the argument that the fast of that day ceased to be a valid, required fast (due to the subsequent excuse), and therefore, expiation is not necessitated by intercourse during it, similar to the fast of a traveler or when it becomes evident the day was in Shawwal rather than Ramadan, as the intercourse did not coincide with an established obligation of Ramadan.