Is the Kaffarah (expiation) obligatory upon a woman who breaks her fast by sexual intercourse during Ramadan?
General Chapter
Al-Mughni
Book of Fasting
Primary text
There are two differing reports regarding the obligation of Kaffarah upon the woman. The first report states that the Kaffarah is obligatory upon her. This view is chosen by Abu Bakr, and it is the position of Malik, Abu Hanifah, Abu Thawr, and Ibn al-Mundhir. The evidence provided is that by engaging in intercourse, she has violated the fast of Ramadan, thus requiring the Kaffarah upon her, just as it is required of the man.
Supporting text
The second report states that no Kaffarah is due from her. This is the position narrated from Ahmad (who stated he had not heard of a Kaffarah upon a woman) and is the view of Al-Hasan. Al-Shafi'i also has two opinions corresponding to these two reports. The evidence for this view is that the Prophet (peace be upon him) commanded the man who engages in intercourse during Ramadan to free a slave, yet he commanded nothing concerning the woman, despite knowing that such an act occurs on her part. Furthermore, the Kaffarah is a right related to the act of intercourse belonging to its kind, and thus it should be upon the man, similar to the Mahr (dower).