a make-up fast for Ramadan, he must make up the day on which he had intercourse, but he does not have to offer expiation, because it falls outside the month of Ramadan.
The apparent meaning of the author’s words is that there is no difference whether ejaculation occurs or not. Thus, if he inserts the glans into the vagina or anus, he must make up the fast and offer expiation.
His statement, “If he has intercourse short of penetration and ejaculates, or if the woman has an excuse”: these are two issues.
The first: If he engages in intercourse short of penetration and ejaculates, the author states that he must make up the fast but need not offer expiation, because he invalidated his fast by something other than intercourse. An example is that he has sexual contact between his wife’s thighs and ejaculates. There is, however, a narration from Ahmad that expiation is required of him, on the grounds that ejaculation necessitates ghusl (ritual bathing), and therefore necessitates expiation just as intercourse does.
But this analogy is open to objection. Although ejaculation without intercourse necessitates ghusl, if a person derives sexual enjoyment from a woman until he ejaculates, the prescribed legal punishment is not carried out on him; whereas if he has intercourse with her, it is carried out on him. Likewise, if a person has sexual contact with a woman until he ejaculates while performing Hajj, his Hajj is not invalidated, unlike intercourse. If he were to do this during Hajj and ejaculate, then, according to the stronger view, he would not be required to sacrifice a camel, because this falls short of intercourse. Thus, by consensus, ejaculation is lesser than intercourse and cannot be analogized to it, for one condition of analogy is that the subsidiary case be equivalent to the original case. If it is not equivalent, analogy is invalid. Therefore, the madhhab is correct on this issue.
The second: If the woman has an excuse due to ignorance, forgetfulness, or coercion, then she must make up the fast but does not have to offer expiation. Discussion of this will follow.
It is understood from his statement, “or if the woman has an excuse,” that if she willingly participates, she must make up the fast and offer expiation, just as the man must.