Question:
What should be done to make up fasts broken by other sexual acts besides intercourse between married persons? I.e. is there no kaffarah but just making up the fasts and paying the penalties for the years the fast were not made up?
Answer:
Wa alaykum salam wa rahmatuLlahi wa barakatuHu,
If one invalidates a Ramadan fast day by having sexual intercourse, then he must make up the fast and also give the major expiation. If one engages in a sexual act besides intercourse until he ejaculates, then the fast day must be made up. Sh. Ahdal stated:
إذا جامع امرأة بشهوة أو بغيرها سواء أنزل أم لا بطل صومه ووجبت الكفارة العظمى وإن باشرها فيما دون الفرج بطل صومه إن أنزل ولا كفارة عليه وإلا فلا يبطل صومه إلخ
“If he had intercourse, with or without desire, whether he ejaculated or not, his fast is invalidated and a major expiation is due. And if he engaged in other sexual activity with her, not in the vagina [or anus], his fast is invalidated if he ejaculated and no expiation is due; and if he did not ejaculate, then his fast is not invalidated….” (‘Umdat al-Mufti wa al-Mustafti 1/213)
Thus, the fasts will need to be made up if invalidated because of such sexual activity, as mentioned above. And the penalties paid for delays in that.
And Allah knows best.
Shafiifiqh.com Fatwa Dept.