Abu Dawud

Benefits and Issues:
This was the effect of faith, piety, and fear of Allah that this Companion described this sin as equivalent to being burned or destroyed for himself.

Hadith Commentary:
This same incident is mentioned in detail further ahead, in which the Prophet (sallallahu alayhi wa sallam) instructed that person, as expiation (kaffarah), to fast consecutively for two months, or alternatively, to feed sixty needy people. From this, it is understood that this offense is a grave one, and its expiation is exactly as the Prophet (sallallahu alayhi wa sallam) has prescribed. The statement of Sa‘id ibn al-Musayyib and others means that, in addition to the aforementioned punishment, he must also make up this fast as obligatory upon him.
Imam al-Awza‘i (rahimahullah) said that if he fasts for two months, then making up (qada) the missed fast is not required.

Hadith Commentary:
(1)
This hadith indicates that the person deliberately had intercourse during the day in Ramadan, because one who does so out of forgetfulness is, by consensus, not sinful.

(2)
The meaning of “burning” is that, due to this sin, he will burn in the Fire on the Day of Resurrection.

Imam Malik has deduced from this narration that the only expiation (kaffarah) for breaking the fast in Ramadan through intercourse is to feed sixty needy people, and not to fast for two consecutive months or to free a slave. However, this deduction from the hadith is not correct, because this narration is abridged.

In the detailed narration, the Messenger of Allah (sallallahu alayhi wa sallam) said to him:
“Free a slave.”
He replied:
“I do not have the ability.”
You (sallallahu alayhi wa sallam) said:
“Feed sixty needy people.”
He said:
“I have nothing.”
Although fasting is not mentioned in this narration, it is explicitly stated in other narrations.
(Fath al-Bari: 4/208)

It should be clear that the order of expiation is as follows:
First, a slave should be freed.
If one is unable to do so, then two consecutive months of fasting should be observed.
If one is unable to do even that, then sixty needy people should be fed.
This expiation is obligatory upon the person who deliberately has intercourse with his wife while fasting.

There is no expiation for deliberately breaking the fast by eating or drinking, because the hadith pertains to intercourse, and it is not correct to make an analogy (qiyas) between eating/drinking and intercourse, since analogy is not applied in acts of worship.

Although there is a narration in which a man broke his fast and the Prophet (sallallahu alayhi wa sallam) prescribed this expiation, this narration is ambiguous (mujmal), and other narrations have clarified that he broke his fast through intercourse.
(Fath al-Bari: 4/211)

However, if one has intercourse out of forgetfulness, there is neither expiation nor making up (qada) required, as is mentioned in the hadith that if someone breaks his fast in Ramadan out of forgetfulness, there is neither making up nor expiation upon him.
(Al-Mustadrak lil-Hakim: 1/430)

Hadith Commentary: Benefits and Issues:

➊ These ahadith establish that whoever engages in marital relations during the days of Ramadan, expiation (kaffarah) becomes obligatory upon him if this act is done deliberately and knowingly; this is an agreed-upon issue among the four Imams (a’immah arba‘ah). If this act is done forgetfully, then according to the Hanafis and Shafi‘is, neither making up the fast (qada’) nor expiation (kaffarah) is required. According to Imam Ahmad rahimahullah, the fast will be invalidated and expiation will be required. According to the Shafi‘is and Hanbalis, both making up the fast and expiation are only required for breaking the fast through intercourse; in the case of eating or drinking, only making up the fast is required, not expiation. According to the Hanafis and Malikis, in all three cases—intercourse (jima‘), eating (akl), and drinking (shurb)—both making up the fast and expiation are required. According to the well-known opinion of the Malikis, expiation consists only of feeding sixty needy people; freeing a slave or fasting for two consecutive months is not required. According to another opinion, in the case of eating or drinking, there is a choice among the three options, and in the case of intercourse, only feeding is required. According to a third opinion, there is a choice in every situation.

According to the majority of the Imams, if a person commits this mistake while fasting in Ramadan and has the ability to free a slave, then he should free a healthy, sound, and Muslim slave. According to the Hanafis, even a non-Muslim slave can be freed. If he does not have the ability, then he should fast for two consecutive months. If he is unable to do even this, then he should feed sixty needy people.

According to the majority, the amount of food for each needy person is one mudd, i.e., fifteen (15) sa‘. According to the Hanafis, it is half a sa‘ of wheat, i.e., thirty sa‘, and for other grains, sixty (60) sa‘. According to the majority, expiation is obligatory upon both men and women, while according to the Shafi‘is and Awza‘i, it is only upon the man. According to the majority, in the case of poverty and hardship, expiation is not waived; rather, leniency and concession will be given regarding ability and capacity. However, according to ‘Isa ibn Dinar al-Maliki and one opinion of the Shafi‘is, expiation will be waived, and the apparent implication of the detailed narration of ‘A’ishah radi Allahu anha and Abu Hurayrah radi Allahu anhu is also this. This is also the well-known opinion of Imam Ahmad rahimahullah, and according to Imam al-Zuhri rahimahullah, the waiving of expiation is specific to that particular person.

➋ If the expiation is feeding (ta‘am), then its payment can be made by another person, i.e., in the case of poverty and hardship, he can be assisted through charity.

➌ If another person pays the expiation, then the one on whose behalf the expiation is being paid—if he is needy and in need—he and his household may also eat from it.