What are the obligations for a person who continues sexual intercourse after dawn (Fajr) begins while in the state of intercourse?
General Chapter
Al-Mughni
Book of Fasting
Primary text
If sexual intercourse persists after the true dawn appears, the individual must make up the fast (Qada') and render the expiation (Kaffarah). This is the view held by Malik and Al-Shafi'i. The evidence for this ruling is that abandoning the fast of Ramadan through intercourse, an act forbidden due to the sanctity of the fast, necessitates the expiation, similar to coitus occurring after the rising of dawn. This differs from the case where one fails to form the intention, as that relates to the lack of intention, not the act of intercourse itself, which is also prohibited.
Supporting text
Abu Hanifa holds that only the missed fast must be made up (Qada'), but the expiation (Kaffarah) is not obligatory. This is because the act of intercourse did not coincide with a valid fast, and thus does not incur the expiation, analogous to the situation where one engages in intercourse after abandoning the intention to fast.