What is the ruling regarding intercourse during the day in Ramadan if one mistakenly believed dawn had not yet broken?
General Chapter
Al-Mughni
Book of Fasting
Primary text
If a person engages in intercourse believing that the dawn prayer has not yet occurred, but it becomes apparent that dawn had already broken, that person must perform the makeup fast (Qada') and the expiation (Kaffarah). This is supported by the Hadith regarding the one who engaged in intercourse, where the Prophet, peace be upon him, commanded him to perform expiation without any distinction or detail. Furthermore, the act constitutes a complete invalidation of the fast of Ramadan through intercourse, necessitating the expiation, just as if he had known. The opinion requiring expiation is the view held by the general body of scholars.
Supporting text
The companions of Al-Shafi'i stated that no expiation is due in this case. If the person realized the sun had risen during the act of intercourse and continued, no expiation is due because if he did not know, he is not sinful, and thus no expiation is incumbent, similar to one who has intercourse while forgetful. This is in contrast to the case where he knew and continued, which incurs sin because the intercourse occurred outside the state of fasting.