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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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What is the ruling on breaking the fast in Makkah for one who arrives there during Ramadan?

Machine translationRead the Arabic original
The questioner : He says: There is a person now who is making a mistake.

The Shaykh : The presence of a person breaking his fast in Makkah on a day like this is not strange, because Makkah has non-residents (al-afaaqi) and residents who are from the people of Makkah. It is permissible for the non-resident, if he has come for his 'Umrah and will return to his country, to break his fast. This is the Prophet of Allah (peace and blessings be upon him), who knew Allah best and feared Him most. The Conquest of Makkah was in the eighth year of the Hijrah, on the twentieth day of this month. So his stay in Makkah coincided with the last ten days of Ramadan, and he did not fast. He did not fast; he ate and drank in the last ten days of Ramadan in Makkah. Who is this? The Messenger (peace and blessings be upon him). This is established from him in Sahih al-Bukhari from the hadith of Ibn 'Abbas (may Allah be pleased with them both). He remained in Makkah during its conquest for how many days? Nineteen days. Ten of those days were in Ramadan and nine in Shawwal.
So this man who is breaking his fast now is not doing something strange. I have seen with my own eyes, when I was performing sa'y for 'Umrah, people drinking from the water that comes out of Zamzam. If you enter the door from the side of the sa'y, the door that leads into the Haram, it is on your right, and perhaps you know it. I saw people drinking from it without anyone objecting, and I also drank from it.
Because I was breaking my fast that day. This is a matter that people are ignorant of. People think that one who comes to Makkah is required to abstain from food and drink, and that it is not permissible for him to break his fast. Some of them find fasting so difficult and burdensome that they do not break their fast, even though one who finds fasting very difficult and is a traveler and does not break his fast is between sinning and leaving the better option. That is, either he sins, or it is said that you left the better option. What is the evidence?
The evidence is that the Prophet (peace and blessings be upon him) saw a crowd and a man who had shade over him while traveling, and he said, "What is this?" They said, "He is fasting." He said:
It is not an act of righteousness to fast while traveling.ليس من البر الصيام في السفر
Sunan Ibn Majah 1664Sahih (Darussalam)
No. If there were reward for it, it would be righteousness. And the people came to him.
And they said: O Messenger of Allah,
so he called for a vessel of waterإن الناس قد شق عليهم الصيام
Sunan an-Nasa'i 2263Sahih (Darussalam)
And they were waiting to see what you would do. They came to him at what time of the day? After 'Asr, when there was little left and the sun had set. He called for water and placed it on his leg while he was riding his mount, and he drank it while the people were watching. What is the purpose of the day he places the vessel on his leg above the mount? What is the goal? To announce this matter and to reassure the people of its permissibility. Because when the people see the Prophet (peace and blessings be upon him) drinking himself, it is not enough for them to be reassured; rather, the people's reassurance by action is stronger than their reassurance by words, is it not? Then it was brought to the Messenger (peace and blessings be upon him) after this, and it was said to him: O Messenger of Allah, some of the people have
people were still fasting, so he said: "Those are the disobedientصاموا فقال أولئك العصاة
Jami` at-Tirmidhi 710Sahih (Darussalam)
those sinners who fast despite the hardship. Some of the brothers find fasting very difficult because he performed tawaf and sa'y and got tired, and then he does not break his fast. Therefore, it is obligatory for students of knowledge to explain to the general public that this is contrary to what is prescribed. This is contrary to what is prescribed. And that if fasting is difficult for the traveler, what is prescribed for him is to break his fast. And that his fasting is between leaving the better option or sinning. So that people know the matter and worship Allah the Exalted with knowledge.
Source دروس وفتاوى المسجد الحرام لعام 1406هـ - 2 — binothaimeen.net (46:30)

The Arabic text is a machine transcription of the audio recording.

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