Assumed the use of the miswaak had broken his fast
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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 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 (sal-Allaahu `alayhe wa sallam) and his family and his companions.

The Permanent Committee for Islaamic Research and Fataawa, comprising -
Head: Shaykh 'Abdul 'Azeez ibn Abdullaah ibn Baaz;
Deputy Head: Shaykh 'Abdur-Razzaaq 'Afeefee;
Member: Shaykh 'Abdullaah Ibn Ghudayyaan
Fataawa Ramadhaan - Volume 2, Page 661, Fatwa No.666;
Fataawa al-Lajnah ad-Daa.imah lil-Buhooth al-'Ilmiyyah wal-Iftaa. - Fatwa No.12525