23.12. A traveller
23.12a. Length of journey
If you are on a journey for which you can shorten the prayer you are permitted to break the fast
even if there is no particular need to do so, making up any days missed later, but according to us
it is better to fast.
[If you go on a journey at the time of the intention such that you will reach a limit where shortening
the prayers begins before dawn. So the distance is four or more mail stages of a return journey, and it
should not be a journey involving disobedience of Allah. You are permitted to break it, eat, drink and
have intercourse. This is even if the journey is not necessary. There is no disagreement that he must
make up the fast by the words of the Almighty, "the prescribed number should be made up from days
later," (2:184) The Malikis prefer that the one one who is strong enough should fast because the
Almighty says, "It is better for you if you fast."]
23.12b A journey of less than the minimum
If anyone travels less than four mail stages (48 miles) and breaks the fast thinking it is
permissable to do so, they do not have to do kaffara although they must make up the day.
[Anyone who breaks the fast through an interpretation does not have to do kaffara.]
[Because he followed an interpretation. He is only obliged to make it up without dispute. The literal
words about the one who uses interpretation not owing kaffara are unrestricted, but there is a wellknown
disagreement. The interpretation must be a likely one. There is no kaffara because he is
excused by relying on a strong reason. If the interpretation is unlikely, which is when its reason is not
strong, then there is kaffara. One of the cases in which is the reason is strong is the case we mentioned
about the old man, and the one who breaks the fast out of forgetfulness and then breaks it intentionally
that it is permitted: he owes no kaffara. There is also the case of the person in janaba or menstruating
before dawn who only had a ghusl for that after fajr and thought that the fast for that day was not
obliged and deliberately did not fast: he has no kaffara. There is the case of someone who who has
suhur at fajr and thinks that the fast for that day is not binding and so he breaks it after that
intentionally: he owes no kaffara. There is the one who arrives after a journey at night in Ramadan and
thinks that he does not have to fast the morning of that day and that one of the preconditions of the
obligation of the fast is that he come from the journey before sunset. and so he breaks it deliberately:
he owes no kaffara.
Unlikely cases are those in which the cause is weak. If he sees the moon of Ramadan and his
testimony is not accepted and he thinks that the fast is not binding for him and so he breaks it - he
owes kaffara. Part of it is the person who normally has a fever every three days and so when the day
he comes he breaks the fast and then the fever comes to him on that day. He is obliged to do kaffara,
and even more so if it does not come. One is the woman who normally menstruates on a particular day
and so she does not fast that day and then she menstruates later in the day. One of them is the one
slanders a person in Ramadan and thinks that that invalidates his fast because he ate the eat of his the
flesh of his brother and so he breaks it intentionally. He must do kaffara, and make it up.]
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