بسم الله الرحمن الرحيم
Q: A man along with his family intends to travel during the daytime in Ramadan, during that day he has relations with his wife and afterwards travels, is there anything against him? As some people say that there is nothing upon him because when Anas ibn Malik intended to travel he broke his fast on the ship (while it was still docked).
A: First off; upon him is a sin, upon him is to make up this day, and upon him is the expiation for sexual relations during the day of Ramadan. This is due to the prohibition of the man using the concession for a journey unless he actually leaves the land. As for prior to departure he is still (considered in Islam) to be a resident.
As for what is reported from Anas, while in Al Fustat, he wanted to travel and the ship was onshore, his (traveling) provisions were brought and he broke his fast, then this opposes what the companions were upon. And Allah says:
…أو على سَفَرٍ…
“…or on a journey…” [Al-Baqarah: 184]
So if the man is a student of knowledge, a he understands that it is permissible for him (to break his fast) as a result of this narration, then there is nothing upon him. However I hold the opinion that it is binding upon the small students of knowledge to not be hasty in passing religious verdicts upon themselves, because they do not possess knowledge as it relates to determining the more probable between evidence.
Translated by Najeeb Al Anjelesi
Source: فتاوى في أحكام الصيام