Imaam al-Bukhaaree rahimahullaah mentions in his ‘Saheeh‘; the Book of Fasting, Chapter: When Should the Missed Days of Ramadaan be Made up?:
Sa`eed bin al-Musayyib said regarding fasting the ten [of Dhul-Hijjah]: “It is not befitting [that a person does so]; until he starts with Ramadaan (i.e. the fasts he missed from Ramadaan).”
Then al-Bukhaaree rahimahullaah mentioned (no. 1950) the narration of `Aaishah radiyAllaahu `anhaa that she said:
“I used to have fasts to make up from Ramadaan; and I would not be able to make them up until Sha`baan (i.e. a month before the following Ramadaan).” End
Ibn Hajr rahimahullaah said in explanation:
“This is used as proof that `Aaishah did not used to fast any supererogatory fasts – not during the ten of Dhul-Hijjah, nor `Aashooraa (10th of Muharram), nor anything besides that. And this is based on her opinion of it not being permissible for a person to do voluntary fasts if they had fasts from Ramadaan to make up. And how is it possible for a person to say that? [i.e. how is it possible for a person to claim it is permissible to fast supererogatory fasts while having obligatory fasts to make up (from Ramadaan etc.)?!]” End.
`Abdur-Razzaaq bin Hammaam as-San`aanee [d. 211H] rahimahullaah mentioned in his ‘Musannaf‘:
Chapter: Making up Fasts from Ramadaan in the [first] Ten [days of Dhul-Hijjah]
7710 – `Abdur-Razzaaq narrated from Ma`mar from az-Zuhree that he used to dislike making up the fasts from Ramadaan during the [first] ten [days of Dhul-Hijjah]. Ma`mar said: Someone who heard from al-Hasan informed me that he used to say it (i.e. the same saying).
7711 – `Abdur-Razzaaq narrated from Hishaam bin Hassaan that he used to dislike making up fasts from Ramadaan in the ten.
7712 – `Abdur-Razzaaq narrated from Ma`mar and ath-Thawree from Aboo Ishaaq from Abdullaah bin Murrah from al-Haarith bin `Alee from `Alee that he said: “Ramadaan is not to be made up in Dhul-Hijjah.”
7713 – `Abdur-Razzaaq narrated from ath-Thawree from Hammaad that he said: ‘I asked Ibraaheem and Sa`eed bin Jubayr regarding a man who had some days to make up from Ramadaan; is it permissible for him to fast during the ten [days of Dhul-Hijjah] voluntarily?’ They both said: “He should begin with that which is obligatory.”
7714 – `Abdur-Razzaaq narrated from ath-Thawree from al-Aswad bin Qays that `Umar used to prefer making up the days from Ramadaan in the ten [days of Dhul-Hijjah].
7715 – `Abdur-Razzaaq narrated from ath-Thawree from `Uthmaan bin Mawhab that he said: ‘I heard a man ask Aboo Hurayrah, saying: “I have days to make up from Ramadaan; so may I fast the ten [days of Dhul-Hijjah] voluntarily?” He said: “No, and why [would you do that]? Begin with the right of Allaah, then fast voluntarily afterwards with whatever you wish.”
7716 – `Abdur-Razzaaq narrated from Ibn Jurayj from `Ataa that he said: ‘Is it disliked for a man to fast the ten [of Dhul-Hijjah] voluntarily, while he has obligatory fasts to make up?’ He said: “No; however fast the ten [of Dhul-Hijjah] with the intention of making up the obligatory fasts.”
7717 – `Abdur-Razzaaq narrated from ath-Thawree from Aboo Hayyaan from an old woman from `Aaishah that she said: “No, not until you fulfill the right upon you.”
7718 – `Abdur-Razzaaq narrated from Ibn Jurayj that he said: Mujaahid said: “Whoever has fasts from Ramadaan to make up and he does supererogatory fasts, then let him intend that which he fasts voluntarily to be his making up of Ramadaan.” End
Ibn Katheer rahimahullaah mentions in ‘Musnad al-Faarooq‘ vol. 1 pp. 350-351, [Ummul-Quraa edtn.]:
“Aboo `Ubayd said: Ibn Mahdee narrated to me from Sufyaan from al-Aswad bin Qays from his father from `Umar: that he used to prefer making up the fasts from Ramadaan in the ten of Dhul-Hijjah. Or he said: There are no days in which I like making up the fasts from Ramadaan more than them.
Aboo `Ubayd said: Meaning: he did not deliberately intend to delay [making up the fasts from Ramadaan] until the ten [days of Dhul-Hijjah], however he used to prefer fasting the ten days [of Dhul-Hijjah]. So if the ten days enter upon someone who has fasts to make up, then he should fast them with the intention of making up the fasts he has upon him. This is so he does not fast voluntary fasts while he has obligatory fasts to make up; rather he gathers between the two affairs.
He said: The reason `Alee disliked that a person make up his fasts in the ten [days of Dhul-Hijjah] is because he held the opinion that a person should make up his fasts altogether – one after another – without breaking them up. And [if he were to make up his fasts in the ten days of Dhul-Hijjah] then `Eid may come while he still has fasts left to make up, so he would end up fasting them separately.” End.
Ibn Rajab rahimahullaah said in ‘Lataaiful-Ma`aarif‘ pp. 465 [al-Maktabul-Islaamee edtn.]:
“`Umar and `Alee – may Allaah be pleased with both of them– differed regarding: making up fasts from Ramadaan during the ten of Dhul-Hijjah.
So `Umar preferred it – due to the excellence of its days; and therefore [based on that]: making up fasts from Ramadaan in it [i.e. these ten days] is more excellent than [making them up] at other times.
However `Alee used to forbid from that. And there are two narrations from Imaam Ahmad in that regard. It is said the reason for `Alee’s saying is because: if a person were to make up obligatory fasts during these ten days then the virtue of fasting them voluntarily would pass him by. And this is the reason that Imaam Ahmad and other than him gave.
And it is said: That he receives the reward of voluntary fasting also…” End.
al-Kaasaanee al-Hanafee [d.587H] rahimahullaah said in ‘Badaai` as-Sanaai`‘, vol. 2 pp. 162 [Daarul-Fikr edtn.]:
And there is no harm in making up missed days from Ramadaan during the ten of Dhul-Hijjah – and it is the methodology of `Umar and the majority of the Companions, may Allaah be pleased with them, – except for something narrated from `Alee radiyAllaahu `anhu that he said: ‘It is disliked to do so in them, due to that which was reported from the Prophet sallAllaahu `alaihi wa sallam that he forbade making up fasts from Ramadaan in the[se ten].’
However what is correct is the saying of the majority – due to His saying – He the Most High:
فَمَنْ كَانَ مِنْكُمْ مَرِيضًا أَوْ عَلَىٰ سَفَرٍ فَعِدَّةٌ مِنْ أَيَّامٍ أُخَرَ
[[Meaning: So whoever among you is ill or on a journey – then an equal number of days are to be made up.]] – unrestrictedly, without differentiating [between different days].
And because it (i.e. the ten days of Dhul-Hijjah) is a time that is recommended to fast. Therefore making up obligatory fasts within it is better than making up obligatory fasts in other than it.
And that which is reported in the narration is strange as far as the narrations are concerned. So it is impermissible to restrict and make specific the unrestricted wording of the Book with the like of it.
Or we hold the narration to mean: it is recommended for the one who is used to fasting voluntarily during these days – because it is better for him to make them up in other than these days – so that he does not miss out on the excellence of fasting these days, and he makes up the fasts from Ramadaan at another time. And Allaah knows best regarding that which is correct. End.
Shaykh `Abdul-`Azeez ibn Baaz rahimahullaah was asked:
Q: What is the ruling of supererogatory fasting – such as fasting the six of Shawwaal, and the ten of Dhul-Hijjah, and the day of `Aashooraa (10th Muharram) – for the one who has days from Ramadaan that he has not made up?
A: What is obligatory upon the one who has days from Ramadaan to make up is that he begins with that before fasting voluntarily; because the obligation is more important than the recommended act, in the most correct of the sayings of the people of knowledge. End.
See: The official website of the Shaykh rahimahullaah http://www.binbaz.org.sa/node/612
Ibn Baaz rahimahullaah was also asked:
Q: I fasted the first ten days of Dhul-Hijjah voluntarily; however I have days to make up from Ramadaan. So is it permissible to make up the days of Ramadaan during the first days of Dhul-Hijjah?
A: Yes, it is obligatory upon the one who has fasts to make up that he begins with them before fasting voluntarily during the month of Dhul-Hijjah and other than that. Likewise the six of Shawwaal, a person does not fast them while he has fasts to make up. Rather he gives making up obligatory fasts precedence. End.
See: The official website of the Shaykh rahimahullaah http://www.binbaz.org.sa/node/20309
Shaykh Muhammad bin Saalih al-`Uthaymeen rahimahullaah said in ‘ash-Sharhul-Mumti`‘ vol. 6 pp. 442-444:
“Is it permissible for a person to fast [other than Ramadaan] before making up the days he missed from Ramadaan, and is his fasting correct – if he were to fast?
The answer is: If the fasting is obligatory such as a ransom, or an expiation, then there is no harm.
As for if the fasting is voluntary then the [Hanbali] methodology is that voluntary fasting is not correct before making up [the obligatory fasts]; and the one who does so is sinful.
They gave the reason that voluntary fasting is not to be performed before the obligatory fasts.
And some of the people of knowledge held the permissibility of doing so; as long as the time does not become restricted. They said: As long as there is enough time, then it is permissible for him to fast voluntarily – just like if he were to pray a voluntary prayer before praying the obligatory prayer when there was sufficient time to do so. For example: Dhur time starts when the sun passes its zenith and ends when the shadow of an object becomes the same length as it. So it is allowed for him to pray it at the end if its time, and during the rest of the time it is permissible for him to pray voluntarily – because the time is extensive.
And this saying is clearer and closer to that which is correct. Meaning: his fasting is correct, and he is not sinful – because the analogy is clear.
However: is this better; or is it better that he begins by making up [the obligatory fasts he missed]?
The answer is: It is better that he begins with making up the fasts he missed. And even if the ten of Dhul-Hijjah were to pass by, or the day of `Arafah, then we say: Fast the fasts you have to make up during these days. And perhaps you will catch the reward of making up the [obligatory] fast as well as the reward of fasting during these days.
And supposing you do not receive the reward of fasting these days when making up missed fasts – then making up missed fasts is better than voluntary fasting [anyway].
And in response to the reasoning given by our companions [i.e. the Hanbali scholars] then we say: The time for the obligatory fasts in this case is sufficient, so it is not obligatory upon me to fast now such that it can be said: I left an obligatory act. Rather this is something obligatory in ones conscience, and Allaah the Exalted has made its time expansive. So if you were to fast a supererogatory fast then there is no harm.
[However] there is an issue that needs to be paid attention to:
And it is: The six days of Shawwaal are not to be fasted before making up the fasts from Ramadaan. So if they were to be fasted before [making up missed fasts from Ramadaan] then they would be counted as voluntary fasts unrestrictedly. And such a person would not attain the specific reward for fasting them as mentioned by the Messenger sallAllaahu `alaihi wa sallam in his saying: “Whoever fasts Ramadaan then he follows it up with six from Shawwaal , it is as if he has fasted for the entire year.” [Reported by Muslim no. 1164 from a narration of Aboo Ayyoob al-Ansaaree]
And that is because the wording of the narration is: “Whoever fasts Ramadaan.” And the one who has fasts to make up then it is not said he has fasted Ramadaan. This is clear.
Some of the students of knowledge thought that the differing regarding the validity of voluntarily fasting before making up obligatory fasts [also] applies to this [issue], but that is not the case. Rather it does not apply to this [issue]; because the narration regarding this [issue] is clear. So there is no six [of Shawwaal] until after Ramadaan has been [fully] made up.” End.
[And when asked in ‘Fataawaa Noorun Alad-Darb‘ he answered with the like of what has preceded. See #3994, #3997, #3998, #4004. Also see: ‘Majmoo` Fataawaa’ of Ibn `Uthaymeen vol. 20 pp. 48-49]