What is the ruling concerning repeated sexual intercourse (Jima') within the context of expiation for breaking a fast during Ramadan?
General Chapter
Al-Mughni
Book of Fasting
Primary text
If a person engages in sexual intercourse a second time before completing the expiation for the first offense, and both acts occurred on the same day, a single expiation suffices, with no scholarly disagreement. This is because it is a penalty for a repeated offense whose cause was repeated before its fulfillment, meaning the penalties should overlap, similar to fixed legal punishments (Hudud). This aligns with the apparent meaning of Al-Kharqi's statement, the choice of Abu Bakr, and the madhhab of Al-Zuhri, Al-Awza'i, and the Companions of Opinion.
Supporting text
If the repeated intercourse occurs on two different days during Ramadan, there are two views. The second view holds that one expiation is insufficient, and two separate expiations are obligatory. This view is chosen by Al-Qadi and some of our colleagues, and it is the position of Malik, Al-Layth, Al-Shafi'i, and Ibn Al-Mundhir, also narrated from 'Ata' and Makhul. The reasoning is that each day of fasting constitutes an independent act of worship, so if expiation is necessitated by invalidating it, the penalties do not overlap, analogous to two separate Ramadans or two Hajj obligations.