Malik’s own statements and those of his disciples diverge over the case of someone who deliberately revokes his intention to fast part-way through the day, or entertains the resolve to break the fast yet neither eats nor drinks. One opinion is that he must both make up the day and offer expiation; another holds that he need only make up the day; a third view—soundest of all—maintains that there is neither make-up nor expiation until he actually consumes something, however slight, deliberately and while conscious of his fast.
Sahnun said: “Expiation is due only from one who resolves to break the fast the night before; as for someone who merely forms that intention during the day, it does not harm him, though it is recommended that he make up the day.” In every case where expiation becomes obligatory, the make-up fast remains mandatory; the expiation never cancels it, whether the expiation be freeing a slave, feeding the poor, or fasting two consecutive months. If a person breaks the fast deliberately on two separate days—or more—he owes a distinct expiation for each day, whether or not he completed the first expiation before the second violation.
If someone forgetfully breaks his fast in Ramadan and later on that same day eats or has intercourse deliberately, then—provided he acted on some plausible juridical reasoning—he must make up the day but no expiation is required. Should he act out of sheer contempt for the sanctity of the fast, however, both make-up and expiation become due. By Malik’s own foundational principle, such a person ought not to be obliged to expiate, for once a man has eaten forgetfully Malik already counts him as having broken the fast and liable to make up the day; what sanctity, then, has he violated when he is already deemed non-fasting?
Other jurists disagree with Malik, holding that anyone who eats forgetfully is still considered to be fasting.
ʿAbd al-Malik said: “Whoever eats or drinks forgetfully and then deliberately eats again that day incurs no expiation; but if he deliberately engages in intercourse that day, he must expiate.” Thus he distinguishes between eating and intercourse, a position contrary to Malik’s foundation and in line with al-Shafiʿi.
Whoever, while making up a missed day of Ramadan, forgetfully breaks that make-up fast is liable for nothing beyond re-fasting that day; nevertheless, because of the difference of opinion, it is recommended that he continue to refrain for the remainder of the day and then make it up anew.