Is Kaffarah obligatory for sexual intercourse resulting in ejaculation while fasting?
General Chapter
Al-Mughni
Book of Fasting
Primary text
The consensus among scholars is that if one has intercourse in the private parts, whether ejaculation occurs or not, or has intercourse less than the private parts but ejaculates, the fast is broken deliberately. There are differing views regarding the obligation of Kaffarah for deliberate intercourse without ejaculation. One narration from Ahmad, supported by Malik, 'Ata, Al-Hasan, Ibn al-Mubarak, and Ishaq, mandates Kaffarah because the fast was broken by intercourse, similar to intercourse that results in ejaculation.
Supporting text
The second prevalent view, held by Al-Shafi'i and Abu Hanifa, negates the Kaffarah because the act was not complete intercourse, likening it to kissing. They argue that the principle is the absence of Kaffarah unless explicitly mandated by text or valid analogy, and analogy to full intercourse is invalid because the latter carries additional rulings (like Hadd in a state of Ihram) that the lesser act does not possess.