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The question

What is the evidence for the obligation to make up the day for one who had intercourse during daylight hours in Ramadan, even though the hadith only mentioned expiation?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

Whoever has intercourse intentionally in owes expiation (). Most scholars are of the opinion that he must also make up for the day he violated by intercourse.

Those who argue against the necessity of making up the day (qada') contend that the texts of the narrations from Abu Hurairah and Aishah only mention expiation, and if making up the day were obligatory, it would have been mentioned.

Those who argue for the necessity of making up the day alongside expiation cite the narrated by 'Amr ibn Shu'ayb, from his father, from his grandfather, that the Prophet, peace and blessings be upon him, commanded the Bedouin who had intercourse with his wife in Ramadan to make up for that day.

Moreover, expiation is a penalty for the sin, and making up the day is a substitute for the day that was violated. The obligation is not fulfilled except by making up the day along with the expiation, based on the Almighty's saying: "then a [like] number of other days" (Quran 2:185).

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Original fatwa ID
128639
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