Is it permissible to make the intention for fasting after the sun has risen?

Question:
Is it permissible to make the intention for fasting after the sun has risen?

Answer:
It is permissible for voluntary fasting. It is permissible to make the intention to fast during the day for voluntary fasting, on the condition that one has not consumed anything after the dawn has broken. If one reaches the morning without having consumed anything after the dawn, he may make the intention to fast during the day. This is because the Prophet (peace and blessings be upon him) once entered upon his family and asked them if they had anything to serve him. They mentioned that there was nothing, or that they could not find anything. He said, "Then I am fasting." This indicates the validity of making the intention for voluntary fasting after the dawn has broken and before the sun reaches its zenith, due to this hadith, and because voluntary fasting is broader than obligatory fasting.
As for obligatory fasting, it is not valid except with an intention made during the night. One must intend it before the dawn breaks. This applies to fasting Ramadan, whether performing it or making up a missed day, fasting as expiation, fasting a vow, and any obligatory fast. It is not valid except by intending it before the dawn breaks, based on the saying of the Prophet (peace and blessings be upon him) that one should spend the night with the intention or gather the intention during the night.