What is the ruling if a person breaks the consecutive fast required for expiation (Kaffarah) midway without a valid excuse?

General Chapter

Al-Mughni

Book of Zihar

Book 42 · Issue 1 · Bab 1

Open in Qurani

Primary text

If the required two consecutive months of fasting for the expiation of Zihar are broken midway for a reason other than a valid excuse, or if the sequence is interrupted by fulfilling a vow (Nadr), a missed obligatory fast (Qada'), a voluntary fast, or another expiation, the person must restart the two months. This is because the stipulated consecutiveness (tatabu') has been violated. The fast performed will count toward whatever fast was intended (e.g., fulfilling a vow), as the time designated for the expiation is not fixed and appropriated solely for that purpose, unlike the fixed time of Ramadan. If the person has an unspecified vow fast, they must postpone it until they complete the expiation fast. If the vow fast is specific in time, the expiation is either postponed until after the vow fast or brought forward if possible. If the vow fast is specific days each month (like Thursdays or the White Days), the expiation must precede it, and the vow fast must be made up afterward, as delaying the expiation due to the vow fast is treated as a valid excuse like illness, preventing the interruption of the two months sequence.

Supporting text

Malik, Al-Thawri, Abu Ubaid, and the Hanafi scholars hold that the sequence is broken if sexual intercourse occurs at night during the two months of fasting, as the divine command necessitates two full months free from intercourse, evidenced by the verse {So, fasting two successive months before they touch each other} [Al-Mujadilah: 4]. Ahmad, in a narration by Al-Athram, along with Al-Shafi'i, Abu Thawr, and Ibn Al-Mundhir, maintain that the sequence is not broken by nocturnal intercourse because such intercourse does not invalidate the fast itself, similar to intercourse outside the specified expiation period, and the essence of consecutive fasting is the immediate sequence of one day after the previous one, which remains fulfilled.