Is there an expiation (Kaffarah) due upon a man forced into sexual intercourse during his fast?
General Chapter
Al-Mughni
Book of Fasting
Primary text
According to Al-Qadi, expiation is obligatory because coercion in sexual intercourse is impossible; ejaculation requires arousal, and arousal implies will, thus it is treated as if he were not coerced. The opinion aligns with the principle that what involves perceived will necessitates responsibility.
Supporting text
Alu al-Khattab reports two narrations on this matter. One narration states no expiation is due, which is the position of Al-Shafi'i. This view is based on the argument that expiation is either a punishment or a means of forgiveness, neither of which is necessary under coercion due to the absence of sin. Evidence cited is the Prophetic saying, 'My Ummah is excused for error, forgetfulness, and what they are coerced into.' Furthermore, the Shariah has not mandated expiation for this case, and analogy with cases where expiation is mandated is invalid due to the presence of an excuse (coercion) versus its absence.