Prohibitions of Jimak While Fasting: Read the Explanations of the Ulama!
The permissibility of jimak at night and its prohibition during the day is the same as eating and drinking. Previously, jimak was prohibited after breaking the fast and sleeping. Then, this ruling was naskh (abrogated), as explained in the asbabun nuzul of this verse.
The prohibitions of fasting mentioned in this verse include, among others: eating, drinking, and jimak. As for kissing, touching, and the like, they do not invalidate the fast.
However, according to the Maliki and Syafi’i madzhab, such acts are makruh for those who cannot control their desires, to prevent them from becoming a cause for actions that ruin the fast.
According to Abu Hanifah and his students, as well as ats-Tsauri, Hasan al-Bashri, and Syafi’i, if someone kisses his wife and mani (semen) is expelled, he must qadha the fast without paying kafarat. If he kisses and madzi (pre-seminal fluid) is expelled, he bears no liability.
Imam Ahmad stated: Whoever kisses, and then madzi or mani is expelled, he must qadha his fast and is not required to pay kafarat, except for those who perform jimak and mani is expelled, whether intentionally or out of forgetfulness.
Imam Malik obliges such a person to qadha and pay kafarat. There is no kafarat for those who expel mani due to looking (at someone), according to the jumhur (majority of scholars).
Meanwhile, according to the Hambali madzhab, he must pay kafarat, yet the fast is not invalidated according to the Hanafi madzhab.
Glosarium :
Jimak: Sexual intercourse.
Naskh: Abrogation of a legal ruling.
Asbabun nuzul: Circumstances/reasons for the revelation of a verse.
Makruh: Disliked/discouraged but not forbidden.
Mani / Madzi: Semen / Pre-seminal fluid.
Qadha: Making up a missed fast.
Kafarat: Expiation/penalty for breaking a religious rule.
Jumhur: The majority consensus of scholars.
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