Question:

i have outstanding days from remmadan that i didn't fast and i made an intention to fast ashoura, but while i was fasting i found out that it is not permissible to fast ashoura while you have outstanding days to fast from remmedan. can i make my current fasting from intention of ashura to intention of remmendan on half day.

Fatwa:

All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad is His slave and Messenger.

Dear sister, you cannot change your intention of fasting from optional fasting to making up a missed fast, because making up a missed fast has to be designated by having the intention in the night before the true dawn.

The Fiqh Encyclopedia reads: “Having an overnight intention: this is a condition regarding the obligatory fasts according to the Maaliki, Shaafi'i and Hanbali Schools of jurisprudence. Having an overnight intention means initiating the intention by night between sunset and dawn... The Hanafi School of jurisprudence conditioned having an overnight intention for fasting expiations, absolute (unconditional) vows, and making up for missed fasts in Ramadan.”

Therefore, it is not acceptable that you intend making up for the fast of Ramadan during the day, whether you are fasting for ‘Aashooraa’ or observing any other fast.

However, we hope that it is permissible for you to fast ‘Aashooraa’ before making up for missed days in Ramadan though it is better to make up the missed fast first. But if you fast, your fasting is valid – Allah willing – according to the view of the majority of the scholars .

The Fiqh Encyclopedia reads: “The scholars differed in opinion concerning the ruling of optional fast before making up for missed days in Ramadan: The Hanafi School of jurisprudence is of the view that it is permissible to fast optional fasting before making up for missed days in Ramadan without any dislikeability, as it is not an obligation to immediately make up the missed fast. However, the Maaliki and Shaafi'i Schools of jurisprudence are of the view that it is permissible to fast optional fasting before making up for missed days but this is disliked, as in this case, one delays the obligation. Ad-Dusooqi (from the Maaliki School of jurisprudence) said: It is disliked to observe optional fasting while one has an obligatory fast, like vowed fasts, missed days (in Ramadan) and expiations; whether the optional fast that one observed before making up an obligatory fast is not a confirmed fast or is a confirmed fast, like ‘Aashooraa’ and the 9th of Thul-Hijjah (i.e. the day of ‘Arafah) according to the preponderant opinion of the scholars. The Hanbali School of jurisprudence is of the view that it is forbidden to observe optional fast before making up for missed days in Ramadan, and the optional fasting, in this case, is not valid even if there is enough time for making up the fast….”

For more benefit, please refer to Fataawa 88009 and 114652.

Allah Knows best.