The Ruling on Breaking the Fast of a Traveler Upon Entering the City
Machine translationRead the Arabic original
The questioner:
If he completes his fast, and if they are both breaking their fast while traveling, he may have relations with her; it is permissible for him if they are both breaking their fast while traveling, or if they intend to do so, there is no harm, because they have a dispensation. Yes.
The Shaykh:
What is the evidence that it is obligatory for the traveler not to break his fast until the buildings of the city appear and become distinct from him? The Prophet (peace and blessings be upon him) did not do this, and therefore the default is the obligation of fasting for the resident, which is the lesser of the two, so he does not have the right to break his fast until he leaves the city, until he has the ruling of a traveler.
The questioner:
It is obligatory for the one arriving from a journey, when he reaches the city, to abstain.
The Shaykh:
This is the obligatory, correct ruling because his excuse has increased. Yes.
The questioner:
And if he is in a state of ihram.
The Shaykh:
Even if his excuse increases, he must abstain, for example, if the proof is established at the time of the morning prayer that Ramadan has entered, it becomes obligatory for him.
If he completes his fast, and if they are both breaking their fast while traveling, he may have relations with her; it is permissible for him if they are both breaking their fast while traveling, or if they intend to do so, there is no harm, because they have a dispensation. Yes.
The Shaykh:
What is the evidence that it is obligatory for the traveler not to break his fast until the buildings of the city appear and become distinct from him? The Prophet (peace and blessings be upon him) did not do this, and therefore the default is the obligation of fasting for the resident, which is the lesser of the two, so he does not have the right to break his fast until he leaves the city, until he has the ruling of a traveler.
The questioner:
It is obligatory for the one arriving from a journey, when he reaches the city, to abstain.
The Shaykh:
This is the obligatory, correct ruling because his excuse has increased. Yes.
The questioner:
And if he is in a state of ihram.
The Shaykh:
Even if his excuse increases, he must abstain, for example, if the proof is established at the time of the morning prayer that Ramadan has entered, it becomes obligatory for him.
Source
أجزاء من موطأ مالك، باب ما جاء في الصيام في السفر — islamhouse.com (6:52)
The Arabic text is a machine transcription of the audio recording.