What is the effect of deliberate sexual intercourse during the daytime of the two consecutive fasting months?
General Chapter
Al-Mughni
Book of Zihar
Primary text
If a person deliberately engages in sexual intercourse, whether with their spouse or another, during the daytime of the two consecutive fasting months, they break their fast, and the consecutiveness is invalidated by consensus, provided there is no valid excuse. If the intercourse occurs during the day while the person is forgetful, the fast is broken and the sequence is invalidated according to one narration, as forgetfulness does not excuse sexual intercourse. If they were permitted to break the fast for a valid excuse and had intercourse during the day, the sequence is not broken because sexual intercourse has no effect in severing the sequence under such circumstances.
Supporting text
Another narration from Ahmad, which is the view of Al-Shafi'i, Abu Thawr, and Ibn Al-Mundhir, states that if the person engages in intercourse forgetfully during the day, they do not break the fast and the sequence is not interrupted, as this is akin to eating forgetfully.