(peace be upon him): "There is no fast for one who does not resolve to fast from the night" (10), without further detail; and because he intended it from the night, his fast is valid, just as if he had intended it during the latter half of the night and did not do anything that invalidates the fast; and because restricting the intention to the latter half of the night leads to missing the fast, as it is the time of sleep, and many people do not wake up then nor remember to fast. The Lawgiver (the Prophet) only granted a concession to advance the intention before its commencement due to the difficulty (11) of considering it at the start, so it should not be restricted to a place where the hardship is not alleviated by such a restriction. Furthermore, restricting it to the latter half of the night is an arbitrary imposition without evidence, and it is not valid to equate fasting with the adhan and the departure from Muzdalifah, because both of those are permissible after dawn, so preventing them in the first half does not lead to missing them, unlike the intention for fasting. Additionally, their restriction to the latter half is in terms of their permissibility, whereas stipulating the intention is a matter of obligation and necessity, such that missing the fast results from missing it during that time, which involves hardship and harm, unlike mere permissibility. Moreover, preventing them in the first half does not lead to them being restricted to the latter half, because they are permitted after dawn, while the intention for fasting is different. As for if he annulled the intention, such as if he intended to break the fast after having intended to fast, that annulled intention does not suffice him, because it has ceased to exist both in ruling and in reality.

Section: If one intends on the day [for the following day] to fast, that intention does not suffice him, unless he carries it over to a part of the night. Ibn Mansur narrated from Ahmad, regarding someone (12) who intends to fast to make up for Ramadan during the day without having intended it from the night, that there is no harm in it, unless he had annulled the intention after that. The apparent meaning of this is that the intention suffices when made during the day, except that al-Qadi said: "This is construed as meaning that he carried the intention over to a part of the night." This is correct.