Assumed the use of the miswaak had broken his fast

Reference: Fataawa Ramadhaan – Volume 2, Page 661, Fatwa No.666
Fataawa al-Lajnah ad-Daa.imah lil-Buhooth al-‘Ilmiyyah wal-Iftaa. – Fatwa No.12525

Question: A man used the miswaak (tooth stick) whilst fasting and then assumed that this had broken his fast, so [because of this], he drank and ate afterwards. So, is it obligatory upon him to make up this fast and offer an expiation or [is it sufficient] just to make up the fast?

Response: One who breaks the fast during the day in Ramadhaan [incorrectly] assuming the use of the miswaak breaks the fast, then it is obligatory upon him to make up this fast, repent [to Allaah] and seek forgiveness [from Allaah] at what has come to pass. It is possible that Allaah (Subhaanahu wa-Ta’aala) will forgive him.

And with Allaah lies all the success, and may Allaah send prayers and salutations upon our Prophet Muhammad ﷺ and his family and his companions.

He is a graduate of the Islaamic University of Madeenah, having graduated from the Institute of Arabic Language, and later the Faculty of Sharee'ah in 2004. He currently resides in Birmingham, UK.

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