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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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What is the ruling for one who has not prayed the witr when the iqamah for the Fajr prayer is called?

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The questioner : What is the ruling for one who has not prayed the witr when the iqamah for the Fajr prayer is called? Please inform us, may Allah reward you with good.

The Shaykh : And he has not prayed the witr?

The questioner: Yes.

The Shaykh : If he is confident that he can combine praying the witr first, then the two rak'ahs of Fajr second, before the obligatory prayer is called, he should do that. Otherwise, he should prioritize the two rak'ahs of the Fajr sunnah, then pray the witr afterwards.

Another questioner : ... .

The Shaykh : How?

The questioner : Immediately after Fajr, and of course until the sun rises?

The Shaykh : No, no. As I mentioned earlier: if there is sufficient time between the Fajr adhan and the iqamah for the Fajr prayer such that he can pray the witr and then the two rak'ahs of Fajr, he should combine the two sunnahs, the witr sunnah and the Fajr sunnah. However, if the time is tight and allows only for the Fajr sunnah, he should pray it, then pray the witr afterwards.

Another questioner : Afterwards, at what time should he pray it?

The Shaykh : At any time, as long as he forgot or slept. And what I understood from the question is that he did not intentionally delay the witr. If that is the case, then the ruling for the witr prayer is exactly the same as the ruling for the obligatory prayer. There is a well-known hadith agreed upon by the scholars regarding the obligatory prayer, narrated by Anas (may Allah be pleased with him), who said: The Messenger of Allah (peace and blessings be upon him) said:The Shaykh : ...from the hadith of Anas (may Allah be pleased with him), he said: The Messenger of Allah (peace and blessings be upon him) said:
Whoever forgets a prayer or sleeps through it, let him pray it when he remembers it; there is no expiation for it except that. من نسيَ صلاةً أو نام عنها فليصلِّها حين يذكرها ؛ لا كفَّارة لها إلا ذلك
. Something similar was reported in the Sunan specifically regarding the witr prayer, without the phrase:
there is no expiation for it except that لا كفَّارة لها إلا ذلك
Sunan Abi Dawud 442Sahih (Al-Albani)
. So, if one forgets the witr or sleeps, he should pray it when he wakes up for this prayer. But because the time is tight, we mentioned the detail we gave earlier. Otherwise, he may delay it, even until after the Fajr obligatory prayer.
Source www.al-albany.com

The Arabic text is copied verbatim from the original source, without any edits.

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