Section: If he breaks his fast during the two months without an excuse, or breaks the continuity by fasting for a vow (nadhr), or to make up a fast (qada'), or voluntarily (tatawwu'), or for another expiation (kaffarah), he is required to restart the two months, because he has failed to maintain the required continuity. His fasting counts toward what he intended, because this time is not an exclusively designated time for the expiation, and for this reason, it is permissible to fast it at another time, unlike the month of Ramadan, which is designated and cannot serve for any other purpose. If he has a vow of fasting that is not specific to a time, he delays it until he is finished with the expiation. If it is specified for a certain time, he delays the expiation until after it, or he performs it before it if possible. If it is for days from every month, such as Thursday or the days of the full moon (al-ayyam al-bid), he performs the expiation before it and makes up the vow afterwards, because if he were to fulfill his vow [during the two months], the continuity would be broken, and he would be required to restart, which would lead to him being unable to complete the expiation. However, it is possible to make up the vow later, so this serves as an excuse for delaying it, like illness.

1318 - Issue: He said: "And if he has intercourse with her during the nights of the fast, he invalidates what has passed of his fasting, and he must restart the two months."

This is the view of Malik, al-Thawri, Abu Ubayd, and the scholars of opinion (ashab al-ra'y), because Allah the Exalted said: "...then a fast of two consecutive months before they touch one another" [Surah al-Mujadilah: 4]. He commanded them to be free from intercourse, and since he did not fulfill them as commanded, it does not suffice him, just as if he had intercourse during the day. Furthermore, it is a prohibition against intercourse that is not limited to the day, so night and day are equal in this regard, like (the rules of) i'tikaf (seclusion in the mosque). Al-Athram narrated from Ahmad that the continuity is not broken by this and he may continue. This is the school of al-Shafi'i, Abu Thawr, and Ibn al-Mundhir, because it is intercourse that does not invalidate the fast, so it does not necessitate restarting, like intercourse with someone other than her. Also, continuity in fasting refers to following the fast of one day with the one before it without an interruption, and this is fulfilled even if he has intercourse at night, and the commission of the prohibition...