Question:

I intended to fast the days of Shawwaal and then missing days of Ramadan but I fasted 10 days of Shawwal instead of 6 as I forgot it is only 6 days and not 10. On the 10'th day I remembered that Shawwal days are 6 only, so I said I will consider the 4 extra days I fasted for Shawwal to be part of missed days in Ramadan and I will continue fasting the remaining missed days of Ramadan (5 days including today). 
However I just read today that the missed days of Ramadan should be completed before Shawwal days and that the intention of the fasting shouldn't be changed after the fasting ends. so now what should I do?

should I continue fasting the remaining 4 days as missed days for Ramadan since I didn't know or should I also repeat the fasting of the 4 days that I thought they are part of Shawwal then I considered them to be part of missed days of Ramadan.

Answer:

Bismillahi Ta'ala

Assalamu alaikum warahmatullahi wabrakatuh,

Firstly, it is correct that Qadha' of missed fasts of Ramadhan "should" be kept before keeping the 6 fasts of shawwal. However, this is mustahab (desired) not a condition. If someone keeps the shawwal fasts before the qadha' for the missed Ramadhan, then these shawwal fasts will be valid and correct, albeit not ideal. (1)

This is simply because Qadha' fasts are also fardh. Fardh takes a higher rank above the Mustahab fasts of Shawwal.

Secondly, in order for you to keep Qadha' of the fasts of Ramadhan, you must stipulate the intention for qadha' from before the fast. Hence, you cannot change the category of your assumed additional Shawwal fasts (4 days above first 6 days of shawwal) to be on behalf of Ramadhan Qadha'. Instead, these fasts will be regarded as valid/correct Nafl fast.

You still need to make up your Qadha' fasts for Ramadhan. You may keep these fasts at your earliest.

And Allah Ta'ala Knows best,

Wassalamu `alaykum, 

Mufti Faisal al-Mahmudi

1. وَلَا يُكْرَهُ صَوْمُ التَّطَوُّعِ لِمَنْ عَلَيْهِ قَضَاءُ رَمَضَانَ كَذَا فِي مِعْرَاجِ الدِّرَايَةِ.
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