What is the ruling regarding expiation (Kaffarah) for breaking the fast through eating or drinking?
General Chapter
Al-Mughni
Book of Fasting
Primary text
A group including Ata', Al-Hasan, Al-Zuhri, Al-Thawri, Al-Awza'i, and Ishaq stated that breaking the fast by eating and drinking necessitates the same Kaffarah as sexual intercourse. Abu Hanifa shared this view, but he stipulated that Kaffarah is only due if what is consumed is something that nourishes or is used for medicine. Thus, if one swallows a pebble, a seed pit, or a pistachio nut with its shell, no Kaffarah is due. Their evidence is that the faster broke the fast with the highest form of its genus, thus necessitating Kaffarah like one who engaged in Jima'.
Supporting text
The primary evidence dictates that since the fast was broken without sexual intercourse, Kaffarah is not necessitated, similar to swallowing gravel or dust, or apostasy according to Malik's view on that matter. Furthermore, there is no explicit text or consensus mandating Kaffarah for eating or drinking. The analogy to sexual intercourse is invalid because the necessity for deterrence is greater regarding Jima', and the ruling concerning transgression through it is stronger; hence, the prescribed legal punishment (Hadd) is due if it involves a forbidden act, and Jima' is specific to invalidating Hajj without invalidating other prohibitions, and necessitates the sacrifice of a large animal (Badanah). Moreover, sexual intercourse typically invalidates the fasts of two individuals, unlike other invalidators.