Among those who maintain that cupping breaks the fast, ʿAṭāʾ alone holds this view.

The source of the dispute is that an act whose nullifying effect is contested bears a resemblance both to what does and to what does not invalidate the fast. Whoever accentuates one of the two similarities issues the corresponding ruling, and the presence of these two competing aspects is precisely what produced the disagreement—namely, does the act nullify the fast or not?

Because such an invalidation is, in the eyes of the majority, doubtful and therefore entails only making up the day rather than expiation, Abū Ḥanīfah inclined to the opinion that anyone who deliberately breaks his fast and then, within that same day, a lawful reason to break the fast arises is not liable for expiation. Examples include: a woman who eats intentionally and then menstruates for the rest of the day; a healthy person who eats deliberately and then falls ill; and a resident who eats and then sets out on a journey.

Those who judge the matter on its face—that is, that the person ultimately broke his fast on a day in which doing so proved permissible—do not impose expiation, for in each of these cases it has become clear that the fast was abandoned on a day in which such abandonment was allowed. Conversely, those who consider the contempt shown for the revealed law do require expiation, because at the moment of eating the person had no knowledge of any dispensation. This is the position of Mālik and al-Shāfiʿī.

Proceeding from the same principle, Mālik requires only a make-up for one who eats while uncertain about the breaking of dawn, but he requires both the make-up and expiation for one who eats while unsure whether the sun has set, in keeping with the distinction already mentioned.

The majority concur that deliberate breaking of the fast while making up missed days of Ramadan entails no expiation, because the time of make-up lacks the sanctity of Ramadan itself. Qatādah, however, obliges both the make-up and expiation, and it is reported from Ibn al-Qāsim and Ibn Wahb that such a person must fast two days, by analogy with an invalidated pilgrimage.

The Sunnahs of Fasting

The scholars have unanimously agreed that among the Sunnahs of fasting are delaying the pre-dawn meal (suḥūr) and hastening the breaking of the fast (ifṭār), based on the Messenger of Allah’s words—peace and blessings be upon him—“People will remain upon goodness so long as they hasten the breaking of the fast and delay the pre-dawn meal,” and: “Eat the pre-dawn meal, for there is blessing in it,” and: “The distinction between our fasting and the fasting of the People of the Book is the pre-dawn meal.”

Likewise, the overwhelming majority hold that among the Sunnahs and commendable practices of fasting is restraining the tongue from lewd and foul speech, for the Messenger of Allah—peace and blessings be upon him—said: “Fasting is a shield; so when one of you is fasting, he should neither engage in sexual talk nor utter obscene words …”