What are the obligations for one who invalidates an obligatory fast through sexual intercourse during Ramadan?
General Chapter
Al-Mughni
Book of Fasting
Primary text
For one who invalidates an obligatory fast through sexual intercourse during Ramadan, whether deliberately or forgetfully, both making up the fast (Qada') and paying the expiation (Kaffarah) are required. This is the opinion held by the majority of jurists. Evidence supports this: the Prophet (peace be upon him) commanded the man who committed intercourse while fasting to 'fast a day in its place,' indicating Qada'. Furthermore, invalidating a day of Ramadan necessitates making it up, similar to invalidating it by eating. The requirement of Kaffarah is established by the Hadith where the Prophet (peace be upon him) instructed the man who fell into his wife while fasting to free a slave, fast for two consecutive months, or feed sixty poor people.
Supporting text
A minority view, held by Al-Shafi'i in one narration, suggests that if Kaffarah is mandatory, Qada' is not required because the Prophet (peace be upon him) did not command Qada' to the Bedouin. Al-Awza'i stated that if expiation is done by fasting, Qada' is unnecessary because the two months of consecutive fasting suffice. Some scholars, including Al-Sha'bi, Al-Nakha'i, and Sa'id ibn Jubayr, argue against the Kaffarah, likening the fast to a non-monetary obligation where expiation is not due for its invalidation, similar to prayer.