What is the ruling on performing Witr prayer after Fajr dawn has broken?

Chapter on the Times When Prayer is Prohibited

Al-Mughni

Book of Prayer

Book 3 · Issue 8 · Bab 9

Open in Qurani

Primary text

It is permissible and valid to perform Witr prayer after the break of the true dawn (Fajr) until the obligatory Fajr prayer time begins. This view is reported from Ibn Mas'ud, Ibn 'Umar, Ibn 'Abbas, Hudhayfah, Abu al-Darda', and others, and is the established position of Malik, al-Thawri, and al-Shafi'i. The evidence supporting this is the Hadith stating that Allah has added a prayer, Witr, to be observed between Isha and Fajr prayer. Furthermore, the authentic Hadith regarding general prohibition are not explicit in prohibiting Witr before the obligatory Fajr prayer.

Supporting text

Opposing views, held by 'Ata', al-Nakha'i, Sa'id ibn Jubayr, and Abu Musa, suggest that Witr is invalid if performed after the dawn breaks, arguing by the generality of the prohibition against prayer at that time. Additionally, it is generally disliked to intentionally postpone Witr until after the dawn breaks, as one should pray one rak'ah to make it odd-numbered if one fears missing the time, according to consensus.