the hadith of al-Kadid (13) is authentic, then I see no harm in him breaking his fast. Malik said: If he breaks his fast, he is liable for making up the day (qada') and atonement (kaffarah), because he broke the fast during the fasting of Ramadan, so it becomes incumbent upon him, just as if he were a resident. Our argument is the hadith of Ibn 'Abbas (14), and it is a sahih (authentic) hadith agreed upon by the scholars. Jabir reported that the Messenger of Allah, peace and blessings of Allah be upon him, set out in the year of the Conquest and fasted until he reached Kura' al-Ghamim (16). The people fasted with him, but it was said to him: The people are finding the fasting difficult, and they are waiting to see what you do. So he called for a cup of water after the afternoon prayer ('asr), and he drank while the people were looking, so some broke their fast and some continued to fast. It reached him that some people had continued to fast, so he said: "Those are the disobedient ones." Reported by Muslim (17). This is an explicit text that should not be diverted from by those who oppose it (18). Once this is established, he may break his fast by whatever means he wishes, whether by eating, drinking, or other than them, except for sexual intercourse. Is he permitted to break his fast by that or not? If he breaks his fast by sexual intercourse, there are two narrations regarding the atonement; the correct one of the two is that there is no atonement upon him. This is the school of al-Shafi'i. The second [narration] is that an atonement is incumbent upon him, because he broke his fast by sexual intercourse, so an atonement became incumbent upon him, just as for a resident. Our argument is that this is a fast for which completion is not mandatory, therefore the atonement for sexual intercourse therein is not mandatory, like supererogatory (tatawwu') fasting. It differs from the healthy resident, for the healthy resident is obligated to complete the fast, and if he is ill, the breaking of the fast is permitted for him just as it is for the traveler. Furthermore, he breaks his fast by the intention of breaking it, so the sexual intercourse occurs after the breaking of the fast has been realized; thus, it is analogous to the situation where he eats and then has sexual intercourse. Whenever the traveler breaks his fast, he is permitted to do everything