Short answer
Yes. Intercourse breaks the fast whether it is lawful or not, so zina during a Ramadan fast breaks it and, in the Hanafi school, requires a make-up day and kaffarah of sixty days of fasting, on top of being one of the gravest sins. Haram kissing or touching short of intercourse breaks the fast only if it leads to ejaculation, but it is still haram.
Zina during a Ramadan fast breaks the fast and requires qada and kaffarah from each willing party, together with sincere repentance from a major sin. Haram touching or kissing without intercourse does not break the fast unless ejaculation occurs, in which case one day of qada is due.
Other madhhabs
- Shafi'i
- Intercourse during a Ramadan fast requires qada and kaffarah, but in the school's main view only the man pays the kaffarah.
Explanation
The fast is broken by intercourse, and the law of fasting does not ask whether the intercourse was halal. So zina, sex outside marriage, breaks the fast just as intercourse with a spouse in the daytime does, and carries the same expiation. All four schools agree that it breaks the fast.
What is owed in the Hanafi school:
- Sincere tawbah from zina, one of the major sins. Allah says: do not even approach it.
- One day of qada for the fast.
- Kaffarah: sixty days of fasting in a row, or feeding sixty poor people only if you truly cannot fast. Each person who took part willingly owes their own. See kaffarah for breaking the fast.
- Ghusl before the next prayer.
Short of intercourse. Kissing, touching or being alone with someone you are not married to is haram, in or out of Ramadan. For the fast, it is broken only if this leads to ejaculation, and then one day of qada is due without kaffarah.
Turning back. The Prophet ﷺ said that a person does not commit zina while he is a believer, meaning his faith leaves him in that moment. But the door of repentance is open. If you have fallen into this, end the relationship, repent, make up the day and begin the kaffarah, and marry if you are able. Speak to a scholar you trust in confidence; you should not tell others about the sin. See how to repent.
Ask a mufti about your own case. This answer explains the general ruling. When the details of your situation matter, as they do here, ask a qualified mufti and give them the full facts. Where to ask a scholar.
The evidence
Quran, Surah Al-Israa 17:32
وَلَا تَقْرَبُوا۟ ٱلزِّنَىٰٓ ۖ إِنَّهُۥ كَانَ فَٰحِشَةًۭ وَسَآءَ سَبِيلًۭا ﴿٣٢﴾
And do not approach unlawful sexual intercourse. Indeed, it is ever an immorality and is evil as a way.
Zina is forbidden, and so is what leads to it.
Sahih al-Bukhari 2475
Sahih... لا يزني الزاني حين يزني وهو مؤمن ...
"The fornicator does not commit fornication while he is a believer."
Zina is among the gravest sins, worse still in the days of Ramadan.
Sahih al-Bukhari 1936
Sahih... فهل تستطيع أن تصوم شهرين متتابعين ...
"Can you fast two consecutive months?"
Intercourse during a Ramadan fast requires the kaffarah of sixty days.
Where the ruling is recorded
- al-Hidaya, Kitab al-Sawm, chapter on what requires qada and kaffarah. Intercourse in a Ramadan fast requires qada and kaffarah, from the woman too if she was willing.
- Minhaj al-Talibin, Kitab al-Siyam. The Shafi'i view that the kaffarah is on the man alone.
Checked by our team. For a more accurate answer to your own situation, consult a scholar. Quran translation by Sahih International. Hadith Arabic from the standard editions of the six books and the Muwatta, with gradings as recorded there; the English is our own rendering. Spotted a mistake? Tell us.