What is the ruling of having marital relations during the night of Ramadhan and then continuing the marital relations until the Adhān of Fajr?
The position of the Majority is that it’s considered to break the fast, and the principle:
Continuing is stronger than starting.
Is not applicable here, due to proofs pointing to that the furthest point one can continue in this is the entrance of the time of Fajr, so whoever continued his marital relations until into Fajr has broken his fast; because he performed marital relations at a time it’s impermissible to perform marital relations in it.
So the expiation is obligated upon him, but not the repaying of fasting of this day.
Shaykh Abu Hatim Yusuf Al-‘Inaabi Al-Jazaa’iree – may Allah preserve him.
Abu ‘Abdirrahman ‘Abdullaah bin Ahmed Ash-Shingaani.