Causes necessitating making up missed days and Kaffarah

Q: I would like to know the causes necessitating making up missed days in addition to the expiation when breaking fast in Ramadan? I have studied the matter and found that there are two opinions: The first: Only sexual intercourse requires the making up for the day violated along with an expiation. The evidence in support of this judgment is known from the Sunnah.The second: Making up and expiation are required in cases of sexual intercourse and the intentional admittance of any food or drink into the stomach. However, I did not find any evidence in support of this opinion in the Qur'an or Sunnah.Thus, please provide a detailed answer supported by evidence of the Qur'an and Sunnah. May Allah reward you with the best.


A: The Prophet (peace be upon him) judged that a Bedouin who had intercourse with his wife deliberately during the day in Ramadan must offer an expiation. Thus, he (peace be upon him) explained the basis for the judgment and stated the effective cause thereof. Muslim jurists unanimously agree that being a Bedouin has no effect on the legal ruling. Therefore, the same ruling of expiation should be applicable to this act regardless of the doer e.g. Turkish, Persian, etc. When they have intercourse with their wives while fasting in Ramadan. They also agree that the partner of sexual intercourse i.e. the wife in the relevant case, does not affect the ruling, so expiation is mandatory even if the partner of sexual intercourse is a slave woman or illegal partner as in case of illicit sexual intercourse. Finally, they also agree that regretting the sin has nothing to do with the obligation of expiation; and thus is ineffective with regard to the ruling. (Part No. 10; Page No. 301) However, jurists differed whether intercourse is the only effective cause of expiation when fasting is violated or the effective cause is the deliberate violation of the sanctity of Ramadan even if by eating or drinking. According to Al-Shafi`y and Ahmad, only sexual intercourse necessitates expiation. On the other hand, both Abu Hanifah, Malik, and those who agree with them held the second view. The source of difference between the two opinions arises from their different consideration of the effective cause: the intentional violation of the sanctity of Ramadan by intercourse only or the absolute violation of the sanctity of Ramadan by any other cause like intentional eating or drinking. However, the correct view is the former as suggested by the text, for non-obligation of expiation stands for the rule until the obligation is proved by evidence.May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.


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