Is expiation (kaffarah) obligatory upon the spouses for aborting a fetus in the fifth month due to sexual intercourse?
Scholars differed regarding the obligation of expiation () for one who causes the death of a fetus. The Hanafis and Malikis held it to be recommended, while the Shafi'is and Hanbalis held it to be obligatory, and this latter view is more cautious. If the husband was informed of his wife's discomfort from intercourse yet continued or repeated it, expiation becomes obligatory for both of them. However, if she did not inform him until after the completion of the first and second acts of intercourse, then nothing is incumbent upon him, and expiation is obligatory upon her for her negligence. The expiation is the freeing of a believing slave; if none is found, then fasting for two consecutive months.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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