The Obligation of Resuming the Fast if the Eid Intervenes During the Atonement Fast for Breaking the Fast by Intentional Intercourse or Other Means
I was asked about someone who began fasting the atonement for breaking the fast intentionally by intercourse or otherwise during Ramadan, whether they should fast on Eid al-Adha since it occurs before the completion of the two months or not?
Answer
I say, and with Allah's guidance: Our esteemed jurists have stated that it is disliked to fast on the day of Eid due to the explicit prohibition from the Messenger of Allah (peace be upon him) regarding fasting on this day in many hadiths, including: "There is no fasting on two days: Eid al-Fitr and Eid al-Adha" in Sahih al-Bukhari 1: 400, and "Fasting is not valid on two days: the day of Eid al-Adha and the day of Eid al-Fitr from Ramadan" in Sahih Muslim: 2: 799.
Therefore, fasting on the day of Eid does not count as part of the two months in expiation; because this day is prohibited for fasting. If one were to fast on it, the fast would be incomplete due to the prohibition, and fasting must be complete; thus, performing a complete fast cannot be fulfilled by an incomplete one.
If one did not fast on the day of Eid, it would disrupt the continuity that is required in His (peace be upon him) statement: {So whoever cannot find [a fast] then [he must fast] two consecutive months before they touch each other. And whoever cannot [must feed] sixty needy persons. That is for you to believe in Allah and His Messenger. And those are the limits of Allah. And for the disbelievers is a painful punishment} [Al-Mujadila: 4].
It was narrated that a man came to the Prophet (peace be upon him) and said: "I have perished, O Messenger of Allah." He asked: "What has caused your destruction?" The man replied: "I had relations with my wife during Ramadan." The Prophet asked: "Can you find a slave to free?" The man said: "No." The Prophet asked: "Can you fast two consecutive months?" The man said: "No." The Prophet asked: "Can you feed sixty needy persons?" The man said: "No." Then he sat down, and the Prophet was brought a large basket containing dates. He said: "Give this in charity." The man replied: "There is no household between its two valleys that is more in need than us." The Prophet laughed until his teeth showed, then said: "Go and feed your family with it" in Sahih Muslim 2: 781, and Sahih al-Bukhari 2: 684. Due to the clarity of the Quran and Sunnah in requiring continuity in the fasting of expiation, anyone who interrupts their fasting with the day of Eid must restart whether they fasted or broke their fast; as that does not count, and the same applies to someone who unintentionally kills, as continuity is also required due to His statement: {And it is not for a believer to kill a believer except by mistake. And whoever kills a believer by mistake, then the freeing of a believing slave and a compensation [diya] delivered to his family, except that they give charity. And if he is from a people at war with you and he is a believer, then the freeing of a believing slave. And if he is from a people with whom you have a treaty, then a compensation delivered to his family and the freeing of a believing slave. And whoever does not find [a slave] then [he must fast] two consecutive months. This is an expiation from Allah. And Allah is Knowing and Wise} [An-Nisa: 92].
The jurists have exempted the requirement of continuity in cases of necessity such as menstruation or illness that permits breaking the fast on the day of corruption. However, if the illness is self-inflicted, such as injuring oneself, it does not exempt one from continuity. Al-Kasani stated in Al-Bada'i 5: 111: "Continuity is required in cases other than necessity in the fasting of expiation for zihar, breaking the fast, and unintentional killing without disagreement." See also: Al-Mabsut 3: 81. The scholar Al-Babarti stated in Al-‘Inayah 4: 66: "He must restart if he included in his fasting the month of Ramadan or the day of Eid or the day of sacrifice or the days of Tashriq...".
In Al-Jawharah Al-Nayyirah, explaining Al-Quduri 2: 67: "So his expiation is to fast two consecutive months that do not include the month of Ramadan or the day of Eid or the day of sacrifice or the days of Tashriq; because continuity is explicitly stated and fasting on these days is prohibited, thus it cannot substitute for the obligation," and similar in the Indian Fatawa 1: 512, and Al-Hidayah 4: 66.
In the Indian Fatawa 1: 512: "If he expiates by fasting and breaks the fast for a day due to an excuse of illness or travel, he must restart fasting. Likewise, if the day of Eid or the day of sacrifice or the days of Tashriq come, he must restart fasting. If he fasts these days without breaking his fast, he must also restart."
What the esteemed Hanafi scholars have stated regarding the necessity of restarting is also mentioned by the Maliki scholars. In Al-Mudawwanah 2: 330: "Ibn al-Qasim said: I asked Malik about a man who has to fast two months due to zihar or unintentional killing, so he fasts the months of Dhul-Qi'dah and Dhul-Hijjah. He said: I do not see that as sufficient for him, and it is better for him to start fasting two consecutive months." Similar is found among the Shafi'i scholars in Hashiyat Al-Ghurar Al-Bahiyyah 4: 319: "It is said in Al-Rawdah that the Eid of sacrifice and Ramadan break the continuity." In Al-Rawdah Al-Bahiyyah 2: 131-132: "Continuity in fasting is required... Anyone who disrupts the continuity where it is required due to an excuse such as menstruation, illness, or necessary travel must restart upon its cessation, except if the fast is three days, in which case it must be restarted absolutely, such as the fasting of expiation for an oath...". And Allah knows best.