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Fatwas
Published in The Saudi Gazette on 24 - 08 - 2009

A man slept in the first night of Ramadan before it was confirmed that the month had begun, and he did not make the intention to fast at night, then after Fajr had begun, he came to know that the day was Ramadan. What should he do in a situation like this? Should he make up for that day?
A – Regarding this man who slept on the first day of Ramadan before it was confirmed that the month had begun, and he did not make the intention to fast, then awoke to find after Fajr had begun that the day was Ramadan; once he knew, it was incumbent upon him to fast and to make up for it, according to the majority of scholars.
As far as I am aware, no one disputes this except Sheikh-ul-Islam Ibn Taymiyyah, may Allah have mercy upon him, for he said that the intention follows awareness, and this person was unaware (that it was Ramadan).
Therefore he is excused, because he did not abandon the intention after he became aware of it, but was ignorant of it, and the ignorant person is excused, therefore, if he fasts from the time he knows about it, then his fast is valid, and he is not obliged to make up for it, according to this opinion. As for the majority of scholars, they have said that he is obliged to fast and he is obliged to make up for that day, and they justified this by the fact that part of the day had passed in which he did not have the intention to fast. The opinion that is safer for him is to make up for that day.
– Sheikh Muhammad Bin Saleh Al-Uthaymeen; Islamic Verdicts on the Pillars of Islam, vol. 2, pg. 634 __


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