Q: Someone slept after performing Witr (Prayer with an odd number of units). Then got up to perform night supererogatory Salah, if this person ends this Salah with Witr, it will conflict with the Hadith that says, "There are no two Witrs during one night." However, if this person does not end it with Witr, it will conflict with the Hadith that says, "The last Rak`ahs of the night Salah should be odd." Moreover, if someone does not perform Witr at all, it will conflict with the Hadith reported on the authority of Abu Hurayrah: (Part No. 7; Page No. 190)  My friend instructed me to perform Witr prayer before sleeping. Furthermore, there are also some people who sleep without performing Witr with the intention of getting up to perform night supererogatory Salah but they oversleep.

A: First: If someone sleeps during the early part of the night having performed Witr and then gets up to perform night supererogatory Salah during the last part of the night, he should perform as much supererogatory Salah as possible ending it with no Witr in compliance with the Prophet's forbiddance of performing two Witrs in the same night. Second: If someone sleeps without performing Witr with the aim of getting up during the last portion of the night, having the power to do so, he may perform Witr during the last part of the night. It will actually be far better as it is the time of Divine Descent. Moreover, it will be in accordance with the Hadith that says: Make Witr (odd prayer) your last Salah at night. In fact, the Hadith indicates that it is the more preferable practice. However, it does not conflict with the Hadith reported on the authority of Abu Hurayrah: My friend instructed me to perform the Witr Salah before sleeping. As a matter of fact, it applies to those who do not have the power to get up during the last portion of the night. Moreover, the Prophet (peace be upon him) is authentically reported to have performed Witr during the early part of the night, at midnight and during the last portion of the night, which indicates that Witr may be performed during any part of the night. The Prophet (peace be upon him) said: If anyone is afraid that they may not get up during the latter part of the night, they should observe Witr during the first part of it; and if anyone is eager to get up during the last part of it, they should observe Witr at the end of the night, for Prayer at the end of the night is witnessed (by the angels) and that is preferable. Recorded by Muslim in his Sahih. (Part No. 7; Page No. 191)  Third: If someone oversleeps having not performed Witr, intending to get up during the last part of the night to perform supererogatory night Salah, they may make up for the Witr they missed at the time of Duha (midmorning) Salah adding a Rak`ah to make it an even Salah. This is in accordance with the Hadith in which `Aishah (may Allah be pleased with her) reported that: When sleep or pain overpowered the Prophet (peace be upon him) and made it impossible (for him) to observe the Salah at night, he used to pray twelve Rak`ahs during the day. Recorded by Muslim . May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.