The Ruling on Praying Witr After the Fajr Prayer

Question:
I intended that if I woke up in the middle of the night, I would pray Witr. When I woke up early, I prayed before praying Witr, but time took me before I could pray Witr, and the Fajr adhan was called. Should I pray Witr after the Fajr prayer has begun, or should I pray Fajr and leave Witr for after the prayer?

Answer:
If the Fajr adhan is called and a person has not prayed Witr, he delays it until the Duha time, after the sun has risen. He prays whatever is easy for him: two or four rak'ahs, two by two. If his habit is three and he did not pray them, he prays four in Duha with two taslims. If his habit is five and it was not easy for him to perform them at night, he prays six in Duha with three taslims. It was the practice of the Messenger of Allah (peace and blessings be upon him)—mostly—to pray Witr with eleven rak'ahs. If illness or sleep prevented him, he would pray twelve rak'ahs during the day. This is what Aisha (may Allah be pleased with her) said: that if he prayed twelve, that means six taslims. He would say taslim after every two rak'ahs, (peace and blessings be upon him). This is what is prescribed for the community, following him (peace and blessings be upon him).