The Shaykh’s remarks on the hadith of Hafsa (may Allah be pleased with her) (Whoever does not intend to fast before dawn has no fast), from the perspectives of hadith and jurisprudence.

The Shaykh : Here is a second hadith that clarifies the obligation of what is known among jurists as intending the fast in advance (tabyit al-niyyah) for obligatory fasting, and especially for the fasting of Ramadan. It is necessary for the one who intends to fast to make the intention during some part of the night, from after the sun sets until before the sun rises. He must intend during some part of this night that he will be fasting tomorrow. If he does not do so, he has no fast, and his fasting remains voluntary, and he owes another day. This is indicated by this seventh hadith, which is the statement: And from Hafsa, the Mother of the Believers (may Allah be pleased with her), that the Prophet (peace and blessings be upon him and his family) said It was narrated by the five. In this hadith, there is something similar to the previous statement, but the attribution is different, because the Hafiz says it was narrated by the five. We have learned from the previous lesson that the intended meaning of "the five" is the authors of the four Sunan books and Imam Ahmad, who is the fifth. However, in another terminology, "narrated by the five" means Muslim and the authors of the four Sunan books. This is the terminology of al-Muntaqa. It was narrated by the five: the authors of the four Sunan books and Imam Ahmad. The Hafiz said that al-Tirmidhi and al-Nasa'i inclined to preferring the mawquf (stopping at the Companion) version. And Abu Muhammad ibn Hazm—excuse me, I am inclined to the explanation—that al-Tirmidhi and al-Nasa'i inclined to preferring the mawquf version attributed to Hafsa. Ibn Khuzaymah and Ibn Hibban authenticated it as marfu' (traced to the Prophet), and al-Daraqutni has "There is no fast for one who did not intend it from the night". Here, the commentator speaks at length about the disagreement among the imams regarding the marfu' and mawquf versions of the hadith. There, the disagreement was about the wasl (connected) and mursal (missing the Companion link) versions. Here, they disagreed about the mawquf and marfu' versions. That is, some narrators said: From Hafsa, she said: The Messenger of Allah said. And other narrators said: From Hafsa, she said, meaning a mawquf hadith from her, which she did not trace to the Messenger (peace be upon him). So the scholars of hadith differed, each holding whatever appeared to him. And this supports the author's statement of the one who preferred the marfu' version to the Prophet (peace and blessings be upon him), because al-Tabarani has narrated it from another route, that is, as marfu'. And this other route is what strengthens the statement of the one who preferred the marfu' version and makes the statement of the one who preferred the mawquf version the weaker position.
But this hadith did not mention Ramadan by the Messenger (peace be upon him); rather, he stated it in general terms, saying . And we said in the introduction to this hadith that whoever does not intend the fast in advance for obligatory fasting, and especially in the month of Ramadan, where did we get this restriction from? This restriction came from reconciling this text with another hadith narrated by Imam Muslim and others from the hadith of the Lady Aisha (may Allah be pleased with her), that the Prophet (peace and blessings be upon him) passed by some of his wives on the morning of a day and said of food? They said "No". He (may the prayer and peace of Allah be upon him) said . So he made the intention in the late morning. And here, it explicitly means that he did not intend the fast from the night, because he wanted to eat. But when he (may the prayer and peace of Allah be upon him) did not find food to have lunch, he seized the opportunity, since he was going to spend the day without food, so let us make it a fast for the sake of Allah, Blessed and Exalted is He. So he said . From this, the majority of scholars distinguished between obligatory fasting, in which it is obligatory to intend the fast in advance for every night, and voluntary fasting, in which it is not obligatory to intend it in advance, but it is permissible to make the intention in the late morning. And this is the most correct of the scholars' schools of jurisprudence, and it is the school of Imam al-Shafi'i. As for the Hanafis, they limited themselves to the statement that it is sufficient to intend the entire month of Ramadan with a single intention at the beginning of its entry or the night one starts fasting, and that is sufficient for the fasting of the entire month with one intention. But in this, there is what you know of neglect and disregard for the hadith of Hafsa, the Mother of the Believers, yes.