How does fasting during days when fasting is legally prohibited interrupt the required continuous sequence for Kaffarah?
General Chapter
Al-Mughni
Book of Zihar
Primary text
If the period for the two consecutive months of fasting is interrupted by days when fasting is legally invalid for Kaffarah (such as Eid al-Fitr or the Days of Tashriq, if one begins fasting at the beginning of Dhu al-Hijjah), the continuity (*Tatuabu'*) is not broken by such necessary omissions. The fasting already completed remains valid, and the person builds upon it. This is because the law prohibited fasting during those specific times for the purpose of this Kaffarah, akin to menstruation or post-natal bleeding, which also do not break continuity.
Supporting text
Al-Shafi'i holds that the continuity is broken, requiring the person to start the two months anew, arguing that the person should have abstained during the time when abstention was possible. A secondary narration suggests that one should fast the Days of Tashriq for the Kaffarah, fasting only on Eid al-Adha separately, and if one breaks the fast during Tashriq, continuity is severed, requiring resumption, as those days could have been validly fasted for the Kaffarah.