travel is a meaning that, if found at night and continued into the day, would permit breaking the fast; thus, if it is found during the day, it permits it, like illness. And because it is one of the two matters explicitly mentioned as grounds for permitting the breaking of the fast, it permits it during the day, like the other. The second narration is that breaking the fast on that day is not permitted for him, which is the opinion of Makhul, al-Zuhri, Yahya al-Ansari, Malik, al-Awza'i, al-Shafi'i, and the scholars of opinion (ashab al-ra'y); because fasting is an act of worship that differs between travel and residence, so when both are present within it, the rule of residence prevails, like prayer. The first opinion is more correct, due to the report, and because fasting differs from prayer, for prayer requires its completion once one has formed the intention for it, unlike fasting. Once this is established, it is not permitted for him to break his fast until he leaves the houses behind his back, meaning that he goes past them and exits from among their structures. Al-Hasan said: He may break his fast in his house, if he wishes, on the day he intends to leave. A similar view is narrated from 'Ata'. Ibn 'Abd al-Barr said: The opinion of al-Hasan is an anomalous (shadh) opinion, and there is no basis for anyone to break the fast while in residence, neither in reasoning nor in tradition. It has even been narrated from al-Hasan that he held the contrary view. Muhammad ibn Ka'b narrated, saying: I came to Anas ibn Malik in Ramadan, and he intended to travel; his riding animal had been packed for him, and he had donned his travel clothes. He called for food and ate. I said to him: Is this a Sunnah? He said: It is a Sunnah. Then he mounted. Al-Tirmidhi said (12): This is a hasan (good) hadith. Our argument is the saying of Allah the Exalted: "So whoever among you witnesses the month, then let him fast it." And this person is a witness, and he is not described as being a traveler until he leaves the town; as long as he is in the town, the rulings for those present apply to him, and for this reason, he does not shorten the prayer. As for Anas, it is possible that he had already emerged from the town, and Muhammad ibn Ka'b came to him at that staging point.

Section: If a traveler intends to fast during his travel, then decides to break his fast, he may do so. There is a difference of opinion regarding this in the views of al-Shafi'i; he once said: It is not permissible for him to break his fast, and another time he said: If the hadith of al-Kadid (13) is authentic, then I see no harm in him breaking his fast.