sleeps through the Witr or forgets it, let him pray it when he wakes up or remembers it." Recorded by Ibn Majah (25). This is explicit regarding the point of contention. If this is established, it is not appropriate for anyone to intentionally delay the Witr until the morning, due to this report and because the Prophet, may Allah bless him and grant him peace, said: "If one of you fears the morning, let him pray one rak'ah that will make his [previous] prayer a Witr for him." Muttafaq 'alayh (agreed upon) (26). This is what Malik said, and he said: Whoever misses the night prayer may pray it after the morning prayer, before performing the morning prayer. Ibn Abi Musa narrated it (27) in "al-Irshad" as a school of thought (madhhab) of Ahmad, by way of analogy to the Witr, and because there is no explicit prohibition established for this time, thus its ruling is light.
Section: As for making up the Sunnah of the Fajr after it, it is permissible, except that Ahmad chose to perform them after the sun has risen (duha). He said: If he prays them after the Fajr, it is valid, and as for me, I choose that. Ata, Ibn Jurayj, and al-Shafi'i said: He may perform them after it, based on what was narrated from Qays ibn Qahd,
(25) In: "Chapter on one who sleeps through Witr or forgets it," from the Book of Establishing Prayer. Sunan Ibn Majah 1/375. It was also recorded by Abu Dawud in: "Chapter on supplication after Witr," from the Book of Witr. Sunan Abi Dawud 1/331. And al-Tirmidhi in: "Chapter on what has been reported regarding a man who sleeps through Witr or forgets it," from the Chapters on Witr. 'Aridat al-Ahwadhi 2/252. And Imam Ahmad in: al-Musnad 3/31, 44. (26) Recorded by al-Bukhari in: "Chapter on the crossing [of people in the rows] and sitting in the mosque," from the Book of Prayer, and in: "Chapter on what has been reported regarding Witr," and "Chapter on Witr while on a riding beast," from the Book of Witr, and in: "Chapter on how the Prophet, may Allah bless him and grant him peace, used to pray," and "How many [rak'ahs] the Prophet, may Allah bless him and grant him peace, used to pray at night," from the Book of Tahajjud. Sahih al-Bukhari 1/127, 2/30-32, 64. And Muslim in: "Chapter on night prayer being two by two and the Witr being one rak'ah at the end of the night," from the Book of Prayer of Travelers. Sahih Muslim 1/516, 517, 519. It was also recorded by Abu Dawud in: "Chapter on night prayer being two by two," from the Book of Voluntary Prayer. Sunan Abi Dawud 1/305. And al-Tirmidhi in: "Chapter on what has been reported that night prayer is two by two," from the Chapters on Prayer. 'Aridat al-Ahwadhi 1/226, 227. And al-Nasa'i in: "Chapter on how the night prayer is performed," and "Chapter on how the Witr is [performed as] one [rak'ah]," from the Book of Night Prayer. And Ibn Majah in: "Chapter on what has been reported regarding night prayer being two rak'ahs," from the Book of Establishing Prayer. Sunan Ibn Majah 1/418. And al-Darimi in: "Chapter on night prayer," and "Chapter on how much the Witr is," from the Book of Prayer. Sunan al-Darimi 1/340, 372. And Imam Malik in: "Chapter on the command to perform Witr," from the Book of Night Prayer. al-Muwatta 1/123. And Imam Ahmad in: al-Musnad 2/5, 9, 10, 30, 40, 44, 48, 49, 54, 58, 66, 71, 75, 76, 79, 113, 119, 133, 134. (27) He is Abu Ali Muhammad ibn Ahmad ibn Abi Musa al-Hashimi al-Qadi, who died in the year 428 AH, and his book is al-Irshad in the branches of the madhhab. Mafatih al-Fiqh al-Hanbali 2/63.
