Is Kaffarah obligatory for sexual intercourse while fasting if performed forgetfully or under compulsion?
General Chapter
Al-Mughni
Book of Fasting
Primary text
It is narrated from Ahmad that there is an opinion exempting the fasting person from Qada' and Kaffarah if the act was committed under compulsion ('ikrah') or forgetfulness ('nisyan'). This is the position of Al-Hasan, Mujahid, Al-Thawri, Al-Shafi'i, and the Companions of Reason (Ahl al-Ra'y), because forgetting or compulsion negates the sin associated with the forbidden act, similar to eating.
Supporting text
Malik, Al-Awza'i, and Al-Layth mandate Qada' but not Kaffarah, reasoning that Kaffarah is for removing sin, which is lifted from the forgetful person. However, the sound position is that Kaffarah is due because the Prophet (peace be upon him) did not question the man regarding deliberation (deliberate vs. forgetful) before prescribing the expiation for intercourse, implying that the ruling applies broadly to the act itself, just as in Hajj where intentionality does not negate the invalidation or Kaffarah.