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Intention for fasting after fajr prayer

Q:

Today was 9th of zilhaj but I realized it at 5 am and I had no determination for fasting before fajar prayer but now I want to fast, can I do my niyyat now?

A:

Wa Alaykum al-Salam

Thank you for your question,

As far as I have understood from your question, it looks like the intention was made after salatu al-Sub’h.

For if the fast is “Mustahab”, then the following is the ruling:-
Ruling 1532. [With regard to a recommended (mustaḥabb) fast,] if a person has not done anything that invalidates a fast, then at whatever time of the day he makes the intention to keep a recommended fast – even if there is a short period of time until maghrib – his fast is valid (ṣaḥīḥ).

And for if the fast is “Wajib” then the following is the ruling:-
Ruling 1533. If someone goes to sleep before the time of ṣubḥ prayers in Ramadan – or on any day which he assigned for keeping an obligatory (wājib) fast – without making the intention to fast, and he wakes up before midday (ẓuhr)(1) and makes the intention to fast, his fast is valid. However, if he wakes up after ẓuhr, he must, as a precautionary measure, abstain [from the eight things that invalidate a fast] for the rest of the day with a general intention of attaining proximity to Allah (qaṣd al-qurbah al-muṭlaqah) [i.e. with the intention of attaining proximity to Allah without specifying any particulars about the fast], and he must also keep a qaḍāʾ fast for it [i.e. he must make up a fast for it after Ramadan].

I hope this was useful.
Regards
S.S.Jaffery