What is the prescribed order for performing the expiation for intercourse in Ramadan?
General Chapter
Al-Mughni
Book of Fasting
Primary text
The well-known position from the Madhhab of Abu Abdullah (Ahmad ibn Hanbal) dictates that the expiation for intercourse in Ramadan follows the same sequence as the expiation for *Zihar*: first, freeing a slave, if possible. If one is unable to do so, they must transition to fasting for two consecutive months. If unable to fast, they must proceed to feeding sixty poor persons. This opinion is held by the majority of scholars, including Al-Thawri, Al-Awza'i, Al-Shafi'i, and the Ashab al-Ra'y. The evidence for this sequential order is the sound Hadith transmitted by Ma'mar, Yunus, Al-Awza'i, and others from Al-Zuhri, from Humaid ibn Abd al-Rahman, from Abu Hurayrah, where the Prophet, peace be upon him, asked the person who committed the act if he could free a slave, then if he could fast for two consecutive months, and then if he could feed sixty poor persons, indicating a clear sequence.
Supporting text
There is another narration from Ahmad, which is also a narration from Malik, suggesting that the expiation is a choice among freeing a slave, fasting for two consecutive months, or feeding sixty poor persons, and whichever action is taken first is sufficient. This view is based on the narration from Abu Hurayrah where the Prophet, peace be upon him, commanded the person to expiate by 'freeing a slave, or fasting for two consecutive months, or feeding sixty poor persons,' where the conjunction 'or' denotes choice. A reported view from Malik suggests that the required expiation is feeding sixty poor persons or fasting for that day, excluding freeing a slave and the two-month fast, but this view is considered unsubstantiated and contrary to the sound Hadith.