The Criterion for a Traveler to Avail Himself of the Dispensations of Travel
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What is the criterion for a traveler in Ramadan? Does he break his fast in his house and then set out, or does he have to pass beyond the houses before he breaks his fast?
It is not permissible for a person to avail himself of the dispensations of travel, whether in leaving off fasting, shortening the prayer, combining prayers, or performing dry ablution, until he leaves the town. As long as he is in the town, even if he has packed his bags, he is still in the town, so he does not avail himself of the dispensation.
The questioner: What if he breaks his fast in his house and then sets out?The Shaykh: It is forbidden for him.
The questioner: Does he have to make it up, or does he owe anything?The Shaykh: He will have to make it up in any case.
The questioner: What if the ignorant person breaks his fast?The Shaykh: He will have to make it up; because he does not break his fast until after he has left. So if he leaves the city and breaks his fast, there is no harm.
The questioner: This man did this while he was ignorant, so he broke his fast in his house, then he traveled and moved on.So do we say: Does he owe an expiation?The Shaykh: The expiation is only for intercourse; there is no expiation for eating and drinking.
The questioner: They say that the Malikis hold that there is an expiation for them?The Shaykh: Their statement is not correct.Who among the scholars said: If one breaks his fast by eating, drinking, or intercourse, he owes an expiation. So his statement is not correct.
The questioner: Is this not an analogy to the case of one who had intercourse in Ramadan and owes an expiation, so he broke his fast intentionally?The Shaykh: Intercourse differs from other prohibited acts. For this reason, it invalidates the rites of Hajj and 'Umrah, whereas other prohibited acts do not. Intercourse has a greater status, and the lesser is not analogized to the greater.
The questioner: So their statement is not correct?The Shaykh: Yes, that is correct.
It is not permissible for a person to avail himself of the dispensations of travel, whether in leaving off fasting, shortening the prayer, combining prayers, or performing dry ablution, until he leaves the town. As long as he is in the town, even if he has packed his bags, he is still in the town, so he does not avail himself of the dispensation.
The questioner: What if he breaks his fast in his house and then sets out?The Shaykh: It is forbidden for him.
The questioner: Does he have to make it up, or does he owe anything?The Shaykh: He will have to make it up in any case.
The questioner: What if the ignorant person breaks his fast?The Shaykh: He will have to make it up; because he does not break his fast until after he has left. So if he leaves the city and breaks his fast, there is no harm.
The questioner: This man did this while he was ignorant, so he broke his fast in his house, then he traveled and moved on.So do we say: Does he owe an expiation?The Shaykh: The expiation is only for intercourse; there is no expiation for eating and drinking.
The questioner: They say that the Malikis hold that there is an expiation for them?The Shaykh: Their statement is not correct.Who among the scholars said: If one breaks his fast by eating, drinking, or intercourse, he owes an expiation. So his statement is not correct.
The questioner: Is this not an analogy to the case of one who had intercourse in Ramadan and owes an expiation, so he broke his fast intentionally?The Shaykh: Intercourse differs from other prohibited acts. For this reason, it invalidates the rites of Hajj and 'Umrah, whereas other prohibited acts do not. Intercourse has a greater status, and the lesser is not analogized to the greater.
The questioner: So their statement is not correct?The Shaykh: Yes, that is correct.