Among the things permitted while fasting he says under this heading: “…If dawn rises and a person still has food in his mouth, he must spit it out….”
I say: this is nothing more than copying certain juristic manuals; there is no evidence for it in the Prophetic Sunnah. Rather, it contradicts the Prophet’s words:
“If one of you hears the call to prayer while the vessel is in his hand, let him not put it down until he has satisfied his need from it.”
It was transmitted by Aḥmad, Abū Dāwūd, and al-Ḥākim, and authenticated by both al-Ḥākim and al-Dhahabī. Ibn Ḥazm also recorded it, adding:
“ʿAmmār—meaning Ibn Abī ʿAmmār, the narrator from Abū Hurayrah—said: They would give the adhān when dawn had already broken.”
Ḥammād—namely Ibn Salamah—reported from Hishām b. ʿUrwah that his father issued this very fatwa, and its chain is sound according to Muslim’s criteria.
The ḥadith has further supporting chains that I cited in al-Taʿlīqāt al-Jiyād and later in al-Ṣaḥīḥa 1394.
The report shows that if dawn comes while a person is holding a vessel of food or drink, he may keep it in hand until he has taken what he needs. This situation is thus exempted from the verse, “Eat and drink until the white thread of dawn becomes distinct to you from the black thread” 1. There is therefore no conflict between this verse (and similar reports) and the present ḥadith, nor is there any consensus opposing it. In fact, a group of Companions and others allowed the pre-dawn meal right up to the point when the light of morning spreads along the roads; see Fatḥ 4/109–110.
One benefit of this ḥadith is that it invalidates the innovation of stopping one’s suḥūr about fifteen minutes before fajr. People only do so for fear that the adhān will catch them while they are still eating; had they known of this concession, they would not have fallen into that bidʿa. Reflect on this.