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If he swallows saliva after it came out to the lips, does that break the fast, and is there scholarly consensus on the issue?

 

Praise
be to Allah

If the fasting
person deliberately swallows his saliva after it had come out to his lips,
he breaks his fast according to the Shaafa‘is and Hanbalis, because in that
case the saliva has become detached from its place, which is the inside of
the mouth, so swallowing it is like swallowing anything else that is
separate from the mouth.

An-Nawawi (may
Allah have mercy on him) said regarding the swallowing of saliva that does
not break the fast: That is if he swallows it from its place, which is
inside mouth. But if it came out of his mouth, then he took it back with his
tongue or otherwise, and swallowed it, he has broken his fast.

Our companions
said: Even if it came out to the lips, and he took it back and swallowed it,
he has broken his fast, because he has made a mistake by doing that, and
because it was outside the place where it may be overlooked. Al-Mitwalli
said: If it comes out on his lips, then he takes it back and swallows it, he
has broken his fast.

End quote from
al-Majmoo‘ (6/342).

Ibn Qudaamah
(may Allah have mercy on him) said: If his saliva comes out onto his
garment, between his fingers, or between his lips, then he takes it back and
swallows it, or he swallows the saliva of another person, that breaks the
fast, because he swallowed it from somewhere other than his own mouth, so it
is the same as if he swallows something other than saliva.

End quote from
al-Mughni (3/17).

The Hanafis are
of the view that it does not break the fast unless the  saliva became
detached from the mouth, then he put it in his mouth.

It says in
Fath al-Qadeer
(2/332): If his saliva came out of his mouth, then he put
it back in and swallowed it:

If it had not
become separated from his mouth, rather it was still connected to what was
in his mouth, like a thread, then he swallowed it, that does not break the
fast.

But if it had
become separated, then he took it and put it back, that does break the fast,
although no expiation is required of him.

If it collected
in his mouth then he swallowed it, that is makrooh, but it does not break
the fast. End quote.

It says in
Majma‘ al-Anhar
(1/246): If his saliva came out of his mouth, then he
put it back in his mouth and swallowed it:

If it had not
become separated from his mouth, rather it remained connected to what was in
his mouth, like a thread, then he swallowed it, that does not break the
fast.

If it had become
separated, and he took it and put it back, that does break the fast,
although no expiation is required of him.

If his saliva
got on both lips when speaking and the like, and he swallowed it, that does
not break the fast. End quote.

In al-Jawharah
an-Nayyirah
(1/140), it says:

If the saliva of
a fasting person runs down onto his chin when he is sleeping or otherwise,
and he swallows it before it becomes separated from the mouth, that does not
break the fast. End quote.

We have not come
across any view of the Maalikis concerning this matter.

There is no
blame on you if you follow the view of the Hanafis, because of the waswasah
that you are suffering from; this is a valid excuse.

However it is
more prudent to avoid doing that deliberately, without being unduly strict
or paying heed to waswaas.

 And Allah knows
best.