or give precedence to the hadith under the heading, since it is prohibitive, and that which prohibits takes precedence over that which permits. And Allah knows best.
2802 — “If it is a make-up fast from Ramadan, then make up another day in its place. But if it is voluntary, then, if you wish, make it up, and if you wish, do not make it up.”
Ahmad (6/343–344), al-Darimi (2/16), al-Tahawi in Sharh al-Maʻani (1/353, Indian edition), al-Tayalisi as well (no. 1616), and al-Tabarani in al-Muʿjam al-Kabir (24/407/990) narrated it with this wording, through Hammad ibn Salamah, who said: Sammak ibn Harb narrated to us from Harun, the son of Umm Hani’s daughter—or the son of Umm Hani’s grandson—from Umm Hani: The Messenger of Allah, may Allah bless him and grant him peace, drank a beverage and handed it to her to drink. She said, “I am fasting, but I disliked refusing what remained of your drink.” He then said the above.
I say: This chain of transmission is weak. This Harun is unknown, as al-Hafiz stated in al-Taqrib. Al-Dhahabi said in al-Mizan: “He is not known, nor is he included in Ibn Hibban’s Reliable Narrators.” They have also differed regarding its chain of transmission from Sammak in several ways, which I have mentioned and documented in Sahih Abi Dawud (2120). There I concluded that the hadith is good—or authentic—on account of its various chains; al-Iraqi likewise graded one of its chains as good.
I have cited this wording here only to consider what al-Shawkani mentioned concerning its jurisprudential implications. In al-Sayl al-Jarrar (2/151), he reported that the author of Hadaʾiq al-Azhar said concerning one who is making up an obligatory fast and then breaks it: he has sinned. Al-Shawkani rebutted him with this hadith, saying: