Translated by Abu Rumaysah
[Start of quote from at-Tirmidhî]
256: Abû ‘Isâ [at-Tirmidhî] said; al-Fadl bin as-Sabbâh al-Baghdâdî narrated to us; Sufyân bin ‘Uyaynah narrated to us; az-Zuhrî narrated to us; the likes of the hadîth of ibn ‘Umar with this isnâd.
He said: The ahâdîth pertaining to this topic are related from ‘Umar, ‘Alî, Wa’il bin Hujr, Mâlik bin Huwayrith, Anas, Abû Hurayrah, Abû Hâmid, Abû Usayd, Sahl bin Sa‘d, Muhammad bin Muslimah, Abû Qatâdah, Abû Mûsâ al-Ash‘arî, Jâbir and ‘Umair al-Laythî.
Abû ‘Isâ said: the hadîth of ibn ‘Umar is hasan sahîh and some of the People of Knowledge from the Companions of the Prophet (SAW) held this view [stated in the hadîth]. From amongst them were: ibn ‘Umar, Jâbir bin ‘Abdullâh, Abû Hurayrah, Anas, ibn ‘Abbâs, ‘Abdullâh bin Zubair and others. From amongst the Tâbi‘în were: Hasan al-Basrî, ‘Atâ, Tâwûs, Mujâhid, Nâfi‘, Sâlim bin ‘Abdullâh, Sa‘îd bin Jubair and others.
And of this opinion were Mâlik, Ma‘mar, Awzâ’î, ibn ‘Uyaynah, ‘Abdullâh bin Mubârak, ash-Shâfi‘î, Ahmad and Is`hâq.
‘Abdullâh bin Mubârak said, “the hadîth of the one who raises his hands is established,” and he mentioned the hadîth of Sâlim from his father [i.e. no. 255 & 256], “and the hadîth of ibn Mas‘ûd is not established,
This has been reported to us from Ahmad bin ‘Abdah al-Amulî; Wahb bin Zam‘ah narrated to us; from Sufyân bin ‘Abdi-l-Malik; from ‘Abdullâh bin al-Mubârak.
Yahyâ bin Mûsâ narrated to us; Ismâ‘îl bin Abî Awais narrated to us that Mâlik bin Anas was of the opinion that one raises the hands in prayer.
Yahyâ said; ‘Abdur-Razzâq narrated to us that Ma‘mar was of the opinion that one raises the hands in prayer.
I heard al-Jârûd bin Mu‘âdh saying that Sufyân bin ‘Uyaynah, ‘Umar bin Hârûn and an-Nadr bin Shumayl used to raise their hands when they commenced the prayer, when they went into ruku‘ and when they rose their heads [from it].
Hannâd narrated to us; Wakî‘ narrated to us; from Sufyân; from ‘Asim bin Kulayb; from ‘Abur-Rahmân ibn al-Aswad; from ‘Alqama who said, ‘ibn Mas‘ûd said,
At-Tirmidhî said: and the hadîth pertaining to this are related from al-Barâ’a bin ‘Azib.
Abû ‘Isâ [at-Tirmidhî] said: the hadîth of ibn Mas‘ûd is a hasan hadîth.
And of this opinion [that one raises his hands only once at the beginning of the prayer] were more than one of the People of Knowledge amongst the Companions of the Prophet (SAW) and the Tâbi‘în. It is the opinion of Sufyân [ath-Thawrî] and the People of Kûfah.
[End of quote from Jâmi‘ at-Tirmidhî]
Al-Hâfidh [ibn Hajr] said in al-Fat`h,
Ash-Shawkânî said in an-Nayl,
I say: al-Bukhârî said in Juz’ Raf‘i-l-Yadayn , “al-Hasan and Humaid bin Hilâl said, ‘the Companions of the Messenger of Allâh (SAW) used to raise their hands’ and they did not exclude any one of the Companions of the Prophet (SAW). It is not established in the eyes of the People of Knowledge, from any of the Companions, that he (SAW) did not raise his hands. What we have described is also reported from a number of the Companions of the Prophet (SAW), and likewise from a number of scholars of Mecca, Hijâz, Iraq, Syria, Basra, Yemen, and a number from Khurâsân.
From amongst them: Sa‘îd bin Jubair, ‘Atâ bin Abî Rabâh, Mujâhid, al-Qâsim bin Muhammad, Sâlim bin ‘Abdullâh bin ‘Umar bin al-Khattâb, ‘Umar bin ‘Abdi-l-‘Azîz, Nu‘mân bin Abî ‘Ayyâsh, al-Hasan, ibn Sîrîn, Tâwûs, Mak`hûl, ‘Abdullâh bin Dînâr, Nâfi‘ the servant of ‘Abdullâh bin ‘Umar, al-Hasan bin Muslim, Qays bin Sa‘d and many more.
It is reported from Umm ad-Dardâ’ that she used to raise her hands.
‘Abdullâh bin Mubârak used to raise his hands [at rukû‘] and likewise the generality of his companions. From amongst them: ‘Alî bin al-Husain, ‘Abd bin ‘Umar, Yahya bin Yahya, the Muhaddithîn of the People of Bukhâr from amongst them: ‘Isâ bin Mûsâ, and Ka‘b bin Sa‘îd, Muhammad bin Sallâm, ‘Abdullâh bin Muhammad, al-Musnadî and many more beyond enumeration.
There is no difference upon what we have described amongst the People of Knowledge. ‘Abdullâh bin Zubair, ‘Alî bin ‘Abdullâh, Yahya bin Ma‘în, Ahmad bin Hanbal and Is`hâq bin Ibrahîm affirmed most of these ahâdîth and considered them to be the truth. These are the People of Knowledge in their times.” 
1 All footnotes have been added by the translator.
2 And in the narration of Bayhaqî [2/26] there occurs the addition, “and this prayer of his was not abandoned till he met Allâh.”
3 Imâm ash-Shâfi‘î said, “it is not permissible for anyone who hears the hadîth of the Messenger of Allâh (SAW) to do with raising the hands at the commencement of prayer and at going into and rising from ruku‘, that he leaves emulating his actions (SAW)”
[Shaykh Mash`hûr Salmân, al-Qawl al-Mubîn [p.103], who refers it to as-Subkî, Tabaqât ash-Shâfi‘iyyah al-Kubrâ [2/100], under the biography of Abû Isma‘îl bin Yahya al-Muzanî, the student of ash-Shâfi‘î].
4 His book on ‘Raising Hands in Prayer’ [p. 9 no. 2].
5 He is the Imâm, Hâfidh and Mujtahid, Jalâl ad-Dîn ‘Abdur-Rahmân as-Suyûtî. He busied himself in the pursuit of knowledge from an early age and studied under a great deal of scholars, and he wrote a great number of works (about 600) on practically every Islamic science. He died in the year 911H.
6 This list comprises twenty one Companions.
7 He is the great Imâm, Hâfidh, and Mujtahid scholar of the 8th century. He studied under many of the great pillars of hadîth and fiqh of his time and wrote a number of beneficial works, mainly revolving around hadîth and its related sciences. His most famous work is his commentary to Sahîh al-Bukhârî entitled Fat`hu-l-Bârî whose excellence is undisputed. He died in the year 852H.
8 Fat`hu-l-Barî [2/280] under the chapter heading, “raising of hands at the takbîr, and at ruku` and at rising from it.”
Al-Hâfidh al-I‘râqî said in Tarh at-Tathrîb [chpt. Raf‘u-l-Yadayn], “the raising of the hands has been narrated from the hadîth of fifty Companions including the ten [promised Paradise].”
9 Nayl al-Awtâr [2/199]. Imâm ‘Alî bin Muhammad bin ‘Abdullâh ash-Shawkânî was the great Mujtahid scholar of the 12th century. He was born in the year 1173H and died in the year 1250H. He studied under a galaxy of prominent scholars of Ahlu-s-Sunnah and wrote many books covering all Islamic sciences. See his biography as given in the preface to his tafsîr [pp.4-9].
10 Al-Bayhaqî, Sunan al-Kubrâ [2/74-75].
11 Ibn al-Qayyim, Zâd al-Ma‘âd [1/218] states, “and raising the hands in these three places is reported by the likes of thirty people, and the ten [promised paradise] agreed upon reporting it. There is nothing at all contradicting this that is established, rather this was his (SAW) guidance till he left this world.”
12 Fat`h [2/279].
13 Juz’ Raf‘i-l-Yadain [p. 8 with the tahqîq of Shaykh Muqbil bin Hâdî].
14 Refer to the Musannaf of ibn Abî Shaybah.
15 Al-Khattâbî (d.388H), Ma‘âlim as-Sunan [1/166+, chpt. “and from the chapter, ‘raising hands at the commencement of prayer’”] said, “I say there is a difference of opinion over these ahâdîth from two perspectives...
The second: the difference concerning raising the hands at ruku‘ and after rising from it and at standing after the first tashahhud. So the majority of scholars took to the opinion that the hands are raised at the ruku‘ and at rising from it. It is the opinion of Abu Bakr, ‘Alî, ibn ‘Umar, Sa‘îd al-Khudrî, ibn ‘Abbâs, Anas, and ibn Zubair. It was the opinion of al-Hasan al-Basrî, ibn Sîrîn, ‘Atâ, Tâwûs, Mujâhid, al-Qâsim bin Muhammad, Sâlim, Qatâdah, Mak`hûl, al-Awzâ’î. It was also the opinion of Mâlik that he came to at the end of his life, ash-Shâfi‘î, Ahmad, and Is`hâq. Sufyân ath-Thawrî and the As`hâbu-l-Ra’i took to the opinion contained in the hadîth of ibn Mas‘ûd and it is also the opinion of ibn Abî Laylah and reported from ash-Sha‘bî and an-Nakha‘î.
I say: the authentic ahâdîth which have come affirming the raising of hands at ruku` and at rising from it take precedence over the hadîth of ibn Mas‘ûd and affirmation takes precedence over negation.”
16 He is the great Mâlikî scholar and Hâfidh, author of voluminous works on hadîth, hadîth narrators and hadîth commentary. He became known by the title ‘The Bukhârî of the West’ and died in the year 463H. Adh-Dhahabî says about him, “it is rare that the eyes should see the like of him.”
17 Ma‘âlim as-Sunan [1/167].
18 Ibn al-‘Arabî al-Mâlikî said in Ahkâm al-Qur’ân [4/1900], while talking about raising hands at ruku‘, “this was what the Prophet (SAW) used to do and it is the madh`hab of Mâlik according to what is related from him by the people of Madînah.”
19 Fat`h [2/279-280].
20 He is the Hanafî scholar of hadîth and one of the teachers of ibn Hajr al-‘Asqalânî. Az-Zayla’i’s discussion concerning raising the hands commences in Nasb ar-Râyah [1/468+].
Translated by Abu Rumaysah
Reported by Abu Dawud and ad-Daruqutni and it is from the narration of Yazid bin Abu Zayd from 'Abdur-Rahman bin Abu Layla from him (i.e. Bara'a). The Hadith Masters (Huffadh) have agreed that his saying, "then he did not repeat that" is mudraj in the narration from the saying of Yazid bin Abu Ziyad. The hadith is reported from Bara'a without the addition by Shu'ba, ath-Thawri, Khalid at-Tahhan, Zuhayr and other Hadith Masters.
Al-Humaydi said, "this narration was narrated by Yazid, and Yazid added to it.”
'Uthman ad-Darimi said, quoting from Imam Ahmad, "it is not authentic." Similarly al-Bukhari, Ahmad, Yahya ad-Darimi, al-Humaydi and others declared it to be da'if.
Yahya bin Muhammad Yahya said, "I heard Ahmad bin Hanbal saying, 'this hadith is flimsy, Yazid used to narrate this for a period of time in his life without saying, "and he did not repeat that", and when he had suggestions whispered to him, he mentioned it.'"
This was mentioned by al-Hafidh in at-Talkhis [p. 83] and he added that "ad-Daruqutni reported this hadith via the route of 'Ali bin 'Asim; from Muhammad bin Abdur-Rahman bin Abu Layla; from Yazid bin Abu Ziyad. Ibn Abi 'Asim said, 'I went to Kufah and I met Yazid bin Abu Ziyad and he narrated this hadith to me but he did not mention, "then he did not repeat that", so I said to him, 'verily ibn Abu Layla narrates this hadith to me from you and in it is, "then he did not repeat that"'. He replied, 'I have not preserved this'"
Ibn al-Mubarak declared it da'if and said, "the hadith of ibn Mas'ud is not established." as mentioned by at-Tirmidhi.
Abu Dawud said in his Sunan [p. 272] after reporting this hadith, "this hadith is a summary of a long hadith and it is not sahih with this wording."
Imam Bukhari said in Juz' Raf'i-l-Yadayn after mentioning the hadith, "Imam Ahmad said, narrating from Yahya bin Adam who said, 'I saw the hadith of 'Abdullah bin Idris; from 'Asim bin Kulayb, and there was not in it, "then he did not repeat that" '. This is more authentic as the [contents of a] book are more preserved according to the People Knowledge because a man narrates something, then he consults the book and it is as it is in the book. Al-Hasan bin Rabi' narrated to us; from ibn Idris; from 'Asim bin Kulayb; from 'Abdur-Rahman bin al-Aswad; 'Alqama narrated to us that, ''Abdullah [i.e. ibn Mas'ud] said, "the Messenger of Allah (SAW) taught us the prayer" so he stood and made takbir and raised his hands, then performed the ruku' and put his hands together between his knees. This reached Sa'd who said, 'my brother has spoken truthfully but we used to do that in the beginning of Islam, then we were commanded with this [i.e. placing the hands on the knees in ruku').' Imam Bukhari said: and this is what is preserved according to the People of Research into the hadith of ibn Mas'ud"
Al-Hafidh ibn 'Abdi-l-Barr said in at-Tamhid, "as for the hadith of ibn Mas'ud, 'shall I not pray with you the prayer of the Messenger (SAW)' so he prayed and did not raise his hands except once then indeed Abu Dawud said, 'this is a summary of a long hadith and it is not sahih with this meaning'. Al-Bazzar said, 'it is not established and the likes of this is not depended upon.' As for the hadith of ibn 'Umar mentioned in this chapter then the hadith was said in Madinah and is sahih, having no narrators accused of anything. The likes of what he reports has been narrated from more than twelve Companions."
Al-Hafidh az-Zayla'i said in Nasb ar-Rayah, "ibn Abi Hatim said in Kitabu-l-'Ilal, 'I asked my father about the hadith related from Sufyan ath-Thawri; from 'Asim bin Kulayb; from 'Abdur-Rahman bin al-Aswad; from 'Alqama; from 'Abdullah "that the Prophet (SAW) stood and made takbir and raised his hands and then did not repeat that." My father said, "this is a mistake, and it is said the mistake is from ath-Thawri for a group of people have narrated from 'Asim and all of them have said, "that the Prophet (SAW) stood in prayer and he raised his hands, then he performed the ruku' and placed his hands together between his knees." Not one of them narrate what ath-Thawri reports." ' "
Al-Hafidh ibn Hajr said in at-Talkhis, "this hadith is declared hasan by at-Tirmidhi and sahih by ibn Hazm. Ibn al-Mubarak said, 'it is not established with me' and ibn Abi Hatim said from his father that 'this hadith is a mistake'. Ahmad bin Hanbal and his Shaykh Yahya bin Adam said, 'it is da'if'. Al-Bukhari quoted this from them and followed them in their verdict. Abu Dawud said, 'it is not authentic.' Ad-Daruqutni said, 'it is not established'. Ibn Hibban said in as-Salah, 'this is the best narration that the people of Kufah narrate with regards to negating raising the hands in prayer at the ruku' and at rising from it. In reality it is the weakest of things to depend on because it has defects that invalidate it'"
So with all of this it is established that the hadith of ibn Mas'ud is not sahih or hasan, rather it is da'if and the likes of it is not used as proof. As for the declaring of it to be hasan by at-Tirmidhi then that is not to be depended upon due to his being lenient in his verdicts [of authenticity]. As for ibn Hazm declaring it sahih then what is obvious is that his authentication is from the point of view of sanad (chain of narration) and it is known that the authenticity of the sanad does not necessitate the authenticity of the matn (text). This despite the fact that the declaring sahih of ibn Hazm is not to be depended upon in the light of it being declared da'if by these precise Hadith Masters. So depending upon this weak hadith for leaving the raising of hands and its abrogation except when commencing [the prayer] is not correct.
Even if we concede and accept that the hadith of ibn Mas'ud is sahih or hasan, then what is obvious is that ibn Mas'ud forgot about it as he forgot about many matters.
Al-Hafidh az-Zayla'i said in Nasb ar-Rayah, quoting from the author of at-Tanqih that, "there is nothing strange in the forgetting of ibn Mas'ud, for ibn Mas'ud forgot from the Qur'an that which the Muslims afterwards did not disagree upon - the mu'awwadhatain (i.e. including them as part of the Qur'an). He forgot about that which the scholars have agreed as regards its abrogation, like placing the hands together [between the knees when in ruku'] and how two people stand behind the Imam. He forgot about that which the scholars do not differ about that the Prophet (SAW) prayed subh at its time on the Day of al-Nahr. He forgot how the Prophet (SAW) combined [prayers] on 'Arafah and he forgot about that which the scholars do not differ about with regards to placing the elbow and the forearm on the floor in prostration. He forgot how the Prophet (SAW) used to recite, "wa ma khalaqadh dhakara wal untha". So if it is possible that ibn Mas'ud forgets the likes of these in prayer then how is it not possible that he forgets the raising of the hands?'"
If we accept that ibn Mas'ud did not forget this, then the ahadith of raising the hands in three places takes precedence over the hadith of ibn Mas'ud. This is because it has been narrated by such a large number of Companions (RAA) to the extent that as-Suyuti said, “the hadith of raising hands [at ruku'] are mutawatir from the Prophet (SAW)” as you have come to know in what has preceded.
Al-'Ayni said in Sharhu-l-Bukhari, "from amongst the methods of choosing the stronger opinion [is to consider] the large number of narrators and the fame of what is narrated. Even if one of two narrations is narrated by one and the other by two, then the one narrated by two takes precedence in acting upon."
Al-Hafidh al-Hazimi said in Kitabu-l-I'tibar, "and from what makes one hadith weightier than another is the number of narrations of one of them. This fact is taken into consideration in the subject of narration because it takes one closer to that which necessitates definitive knowledge - the mutawatir hadith."
Furthermore the hadith of ibn Mas'ud does not lend evidence to the abrogation of raising hands except at the beginning [of the prayer] rather it lends evidence to it not being obligatory. Ibn Hazm said in his discussion of the hadith of Bara'a bin 'Azib mentioned previously, "if it is authentic, it is evidence that he (SAW) did that [i.e. leave the raising of the hands at ruku'] to explain its permissibility, so there is no contradiction between it and the hadith of ibn 'Umar and others."
I say: and all of this is if one concedes to the fact [that the hadith is indeed authentic], and if not then the hadith of ibn Mas'ud is da'if and is not to be used as a proof as you have come to know.
2 Talkhis al-Habir [1/400].
3 Talkhis al-Habir [1/401].
4 'Awn al-Ma'bud [2/446].
5 Talkhis al-Habir [1/402].
6 Some of the scholars mentioned that ibn Mas'ud only rejected the fact that they should be written in the mus`haf, not that he rejected their actually being a part of the Qur'an. For a detailed discussion concerning this refer to Fat`hu-l-Bari [8/963-964].
7 An-Nawawi, Sharh Sahih Muslim [5/13] said, “our madh`hab and the madh`hab of the entirety of the scholars is that it is the Sunnah to place the hands upon the knees [during ruku'] and that it is reprehensible to place the hands together between the knees (tatbiq). [All scholars that is] except ibn Mas'ud and his two companions 'Alqamah and al-Aswad, for they held that the Sunnah was tatbiq because the abrogating text did not reach them. The abrogating text is the hadith of Sa'd bin Abi Waqqas (RA). The correct opinion is the opinion of the majority due to the existence of an explicit abrogating text.”
An-Nawawi, Sharh Sahih Muslim [5/14] said, ”this is the opinion of ibn Mas'ud and his two companions. All of the scholars from amongst the Companions differed with them on this as did all scholars to this day saying that if there are two people with the Imam then they should form a row behind him. This is due to the hadith of Jabir and Jabbar bin Sakhr.”
The hadith concerning this action of ibn Mas'ud is to be found in Muslim [chpt. 'The recommendation of placing the hands on the knees in ruku' and the abrogation of tatbiq'].
9 Qur'an [92:3].
10 The editors to Zad al-Ma'ad of ibn al-Qayyim, Shu'ayb and 'Abdu-l-Qadir al-Arna'ut, in there footnotes [1/218-219] endorse these words of az-Zayla'i and refer them to Nasb ar-Rayah [1/394, 397]. Similarly an-Nawawi quotes this in Majmu'
11 It is in this light that the narrations from some of the Companions that they did not raise their hands at ruku' are to be understood. This is especially true as the basic principle is the absence of abrogation.
The like of this narration is reported from ibn Zubair. Ibn al-Jawzi said, ”it has no basis and I do not know who narrates it and what is authentic from ibn Zubair contradicts this.' "
Ibn al-Jawzi, al-Mawdu'at [2/97 chpt. "The forbiddance of raising hands at prayer except when commencing it"] also mentions a hadith narrated by Abu Hurayrah and Anas, "the one who raises his hands in prayer, then there is no prayer for him," and declared it to be fabricated.
Likewise adh-Dhahabi endorsed this in his Tartib to al-Mawdu'at [no.471].
Translated by Abu Rumaysah
i) They also seek evidence with the narration of ‘Umar (RA) reported by at-Tahawi and Abu Bakr ibn Abi Shaybah from al-Aswad who said, “I saw ‘Umar bin al-Khattab raise his hands in the first takbir then he did not repeat that.”
I say: this [narration] with this wording is not preserved [i.e. authentic]. Ibn Hajr said in ad-Dirayah, “al-Bayhaqi said, quoting from al-Hakim, ‘it is reported by al-Hasan bin ‘Ayyash; from ‘Abdu-l-Malik bin Abjar; from az-Zubair bin Adi with the wording, “he used to raise his hands with the first takbir and then he did not repeat that.” Ath-Thawri reports it from az-Zubair bin ‘Adi with the wording, “he used to raise his hands with the takbir” without [the addition] “then he did not repeat that”. Ath-Thawri reports this and it is preserved.’ ”
Furthermore this narration also contradicts the narration of Tawus from ibn ‘Umar “that ‘Umar used to raise his hands going into ruku‘ and when rising from it.”
Az-Zayla’i said in Nasb ar-Rayah, “al-Hakim objects to this hadith as being shadh (irregular), and therefore proof cannot be established using it and that it cannot be used to oppose the authentic narration from Tawus bin Kaysan; from ibn ‘Umar; that ‘Umar used to raise his hands at ruku‘ and when rising from it.”
Al-Hafidh said in ad-Dirayah, “it is contradicted by the narration of Tawus; from ibn ‘Umar that he used to raise his hands at the takbir and when rising from [ruku‘]”
I say: and for the narration of Tawus is a da‘if support. Az-Zayla’i said in Nasb ar-Rayah, “al-Bayhaqi narrates from Rishdin bin Sa‘d; from Muhammad bin Sahm; from Sa‘id bin al-Musayyab who said, ‘I saw ‘Umar bin al-Khattab raising his hands to the level of his shoulders when he started prayer and when he made ruku‘ and when he raised his head from it.’”
Addendum: an-Nimawi thinks that the addition of his saying, “that ‘Umar”after his saying “from ibn ‘Umar” in Nasb ar-Rayah is negligence [on the part of az-Zayla’i] and is not correct. He said, “what is correct is this: from Tawus bin Kaysan from ibn ‘Umar ‘who used to raise his hands’ [i.e. with the words “that ‘Umar” omitted]. Al-Hafidh said in ad-Dirayah, which is a summary of Nasb ar-Rayah, ‘and it is contradicted by the narration of Tawus from ibn ‘Umar that he used to raise his hands at the takbir in ruku‘ and rising from it.’ Ibn al-Hummam said in Fat`hu-l-Qadir, ‘al-Hakim contradicted it with the narration of Tawus bin Kaysan; from ibn ‘Umar (RA) that he used to raise his hands etc.’. Therefore it is established with these sayings that al-Hakim objects to it due to the narration of ibn ‘Umar not ‘Umar bin al-Khattab.”
I say: the claim of negligence over the additional saying, “that ‘Umar” is completely rejected. How could it be so when al-Hakim ruled that the narration of ‘Umar via the route of al-Aswad who said, ‘I saw ‘Umar bin al-Khattab raise his hands at the first takbir then he did not repeat that to be shadh due to the report of Tawus from ibn ‘Umar that ‘Umar (RA) used to raise his hands at ruku‘ and when rising from it. This constitutes clear evidence that the saying in the narration of Tawus, “that ‘Umar”is authentically established for the narration is not given the ruling of shadh by the use of a narration concerning another companion. As for the saying of al-Hafidh [ibn Hajr] in ad-Dirayah, “it contradicts the narration of Tawus; from ibn ‘Umar that he used to raise his hands etc.” then al-Hafidh omitted the words, “that ‘Umar” as a summary. The personal pronoun in “he used to” refers back to ‘Umar and likewise ibn al-Hummam does this in Fat`hu-l-Qadir. The like of this omission is well known, when summarising and depending upon a previous narration.
ii) They also seek evidence with the narration of ‘Ali (RA) related by at-Tahawi and ibn Abi Shaybah and al-Bayhaqi from ‘Asim bin Kulayb; from his father that ‘Ali “used to raise his hands at the first takbir of prayer and then he did not raise them again.”
Az-Zayla’i said, “it is a sahih narration” and al-‘Aini said in ‘Umdatu-l-Qari, “the sanad is sahih, meeting the conditions of Muslim.”
I say: this narration from ‘Ali is not sahih, even if az-Zayla’i said “it is sahih” and al-‘Aini said,“it is sahih, meeting the conditions of Muslim”. Imam Bukhari said in Juz’ Raf‘i-l-Yadayn, “ ‘Abdur Rahman bin Mahdi said, ‘I mentioned the hadith of an-Nahshili; from Asim bin Kulayb to ath-Thawri and he rejected it’ ”
I say: Al-‘Asim bin Kulayb is alone in reporting this narration. Adh-Dhahabi said in al-Mizan, “he was from the servants and Awliya, but he was a Murji’, Yahya bin Ma‘in and others declared him trustworthy. Ibn al-Madini said, ‘he is not relied upon in what he is alone in reporting’ ”
If we were to accept that this narration is authentic, then it does not constitute evidence to support abrogation [of raising hands at ruku‘] as at-Tahawi and others think. The author of at-Ta‘liq al-Mumjad (i.e. al-Luknawi) from the Hanafi scholars said, “at-Tahawi mentioned after this narration from ‘Ali: ‘ ‘Ali did not see the Prophet (SAW) raise his hands and then leave acting on it except that its abrogation was established with him.’ This claim is problematic, for it is possible that the leaving of ‘Ali, and likewise ibn Mas‘ud and other Companions, if it is established from them, is because they did not see this action to be a stressed Sunnah, necessitating acting by it. Indeed it is not safe to abrogate an established command of the Prophet (SAW) purely based on good opinion of a Companion when the possibility of reconciling the action of the Messenger (SAW) with the action of the Companion exists.”
iii) They also seek evidence with the narration of ibn ‘Umar, related by at-Tahawi and Abu Bakr ibn Abi Shaybah and al-Bayhaqi in al-Ma‘rifah from Mujahid who said, “I prayed behind ibn ‘Umar and he did not use to raise his hands except at the first takbir of the salah”
I say: the hadith of ibn ‘Umar is weak from a number of perspectives,
Firstly: in its sanad is Abu Bakr bin ‘Ayyash and he got confused in his memorisation at the end of his life.
Secondly: that it is shadh for Mujahid contradicts all of the companions of ibn ‘Umar and they are trustworthy Hadith Masters.
Thirdly: the Imam of this matter, Yahya bin Ma‘in said, “the hadith of Abu Bakr; from Husayn [i.e. this one] is a vain fancy of his having no basis.”
Imam Bukhari said in Juz’ Raf‘i-l-Yadayn, “it is reported from Abu Bakr bin ‘Ayyash; from Husayn; from Mujahid that he did not see ibn ‘Umar raise his hands except at the first takbir. It is reported from the People of Knowledge that this is not preserved from ibn ‘Umar except as negligence. Do you not see that ibn ‘Umar used to throw pebbles at the one who did not raise his hands [at ruku‘] in prayer? So how could ibn ‘Umar leave something that he commanded others to do and he saw the Prophet (SAW) doing? Imam Bukhari said, Yahya bin Ma‘in said, ‘the hadith of Abu Bakr; from Husayn is a vain fancy of his having no basis’.”
Imam al-Bayhaqi said in al-Ma‘rifah, “this hadith of Abu Bakr bin ‘Ayyash was related to us from Abu ‘Abdullah al-Hafidh, (and he mentioned it with his sanad. Then he narrated) from Bukhari that he said, ‘Abu Bakr bin ‘Ayyash got confused at the end of his life.’ The narration is related from Rabi‘, al-Layth, Tawus, Salim, Abu Zubair, Muharib bin Dithar, and others saying, “we saw ibn ‘Umar raise his hands when he made takbir and when he raised [his head from ruku‘].” It is reported from Abu Bakr; from Husayn; from Ibrahim; from ibn Mas‘ud of old as a mursal mawquf narration, “that ibn Mas‘ud used to raise his hands when he started prayer, and then he did not raise them afterwards.” This is what is preserved from Abu Bakr bin ‘Ayyash, and the first is a grave error due to it contradicting the trustworthy narrations from ibn ‘Umar. Al-Hakim said, ‘Abu Bakr bin ‘Ayyash used to be from the fixed memorisers, then he got confused when his memory failed him and he related that which others contradicted him in.’ So how is the claim of abrogating the hadith of ibn ‘Umar possible with the likes of this da‘if hadith, or how is it possible that we say that ‘he left raising of the hands at ruku‘ one time to show its permissibility as he was not of the opinion that it was obligatory, for his acting upon it is evidence that it is Sunnah, and his leaving it is evidence that it is not obligatory?’ ”[End, as is found in Nasb ar-Rayah]
Al-Hafidh ibn Hajr said in Fat`hu-l-Bari, “as for the Hanafiyyah then they rely upon the narration of Mujahid that he prayed behind ibn ‘Umar and he did not see him [raise his hands before and after ruku‘]. And [the scholars of hadith] replied by defaming its isnad, for its narrator is Abu Bakr bin ‘Ayyash and his memorisation went bad at the end of his life. Even if it is authentic than the action [of raising] is established from Salim, Nafi‘ and others and the larger number take precedence over the one, especially when their [narration] is affirmatory and his negatory. Furthermore reconciliation is possible: that ibn ‘Umar did not consider it obligatory so he did it sometimes and left it at other times”
Al-Fadil al-Luknawi said in his ta‘liq upon al-Muwatta of Muhammad,
First: asking for the isnad of what they quote from Mujahid that he accompanied ibn ‘Umar for ten years and did not see him raise his hands except at the first takbir.
Second: its contradicting the narration of Tawus and other trustworthy narrators that they saw ibn ‘Umar raise his hands (at ruku‘).
Third:That in the route of at-Tahawi is Abu Bakr bin ‘Ayyash and he has been criticised, therefore his narration is not comparable to the narrations of other trustworthy narrators. Al-Bayhaqi said in Kitabu-l-Ma‘rifah after reporting the hadith of Mujahid via the route of ibn ‘Ayyash, ‘Bukhari said, “Abu Bakr bin ‘Ayyash got confused at the end of his life... ”’[mentioning what we narrated earlier. Then Luknawi said] and if you take the argument in Sharh Ma‘ani al-Athar [of at-Tahawi], ‘that it is possible that ibn ‘Umar did what Tawus saw before the proof was established of abrogation, then when the proof of abrogation was established he left it and did what Mujahid mentioned.’ I say [in reply]: evidence [of abrogation] cannot be established upon this for it is possible to contradict the sayer and say, ‘it is possible that ibn ‘Umar used to do what Mujahid saw before the evidence was established about the necessity of raising the hands. Then when the necessity was established with him he raised [them as narrated by Tawus].’ On top of this taking the opinion of abrogation is taking something without evidence, so do not pay attention.
So if a person were to say, ‘the evidence [for abrogation] is the narrator contradicts what he narrates’, we would say, ‘this does not necessitate abrogation as has been discussed.’
Fourth: and this is better, that we accept that the leaving of [raising hands at ruku‘] is established from ibn ‘Umar, but it is possible that his leaving be to explain its permissibility or due to the absence of his seeing the raising of hands as being a necessary Sunnah. This then, does not belittle the establishment of raising hands from him and from the Messenger of Allah (SAW).
Fifthly: that the leaving of a narrator of what he narrates according to the Hanafiyyah is to be left as proof when that which contradicts it is certain as is clear from their books. This is not the case here due to the possibility that the raising [of hands] which is established from the Messenger (SAW), was enacted by ibn ‘Umar with resolve and he left it sometimes to show its permission. So his leaving it is not his contradicting what he narrates in a certain way.”
iv) Addendum: and the author of al-‘Urf ash-Shadhi said, “and for us is what at-Tahawi narrates with a strong sanad from ibn Abi Ziyad; from Ahmad bin Yunus; from Abu Bakr bin ‘Ayyash who said, ‘I have not seen a single Legal Jurist raise his hands except at the first takbir.’ ”
I say: perhaps this saying of Abu Bakr bin ‘Ayyash was said after his memorisation going bad and his confusion. And how could it not be so when the writer of al-‘Urf ash-Shadhi acknowledged that the raising of hands is established as a mutawatir action that is not possible to reject. Imam Muhammad bin Nasr said, “the scholars of the lands have agreed to the legislation of this except the people of Kufah” as you have come to know.
v) And [the above mentioned author] said, “for us is another hadith from ibn ‘Umar that ‘he (SAW) did not raise his hands except one time,’ as in Khilafiyat of al-Bayhaqi, and az-Zayla’i quoted it in his takhrij and al-Hakim said, ‘it is fabricated and I have not come across the beginning of its isnad.’... And maybe its isnad is strong.”
I say: this hadith of ibn ‘Umar is invalid and fabricated. Az-Zayla’i said in Nasb ar-Rayah after quoting this hadith from Khilafiyat of al-Bayhaqi, “al-Bayhaqi said, ‘al-Hakim said, “this hadith is invalid and fabricated. It is not permissible to mention it except by way of censure.” ’ ”
Al-Hafidh said in ad-Dirayah, “al-Bayhaqi also narrates the likes of it via the route of az-Zuhri; from Salim; from his father and it is quoted from al-Hakim that it is fabricated and it is as he said.”
So may Allah, the Glorious and Exalted, guide those blind followers who leave the authentic, agreed upon, hadith of ibn ‘Umar and stick to this hadith which al-Hakim ruled to be fabricated. Especially this blind follower, who without investigating the beginning of the isnad of this hadith, and with his knowledge that al-Hakim ruled it to be fabricated, hopes that its isnad is strong and sticks to it.
vi) [The author] said,
Al-Hafidh came across its isnad in ad-Dirayah and he said, ‘so look into its isnad.’ And verily I looked into the isnad and it became clear that their occurs negligence from the author of Nasb ar-Rayah, for he wrote ‘Muhammad bin Yahya and he is not well-known.’ The truth is that he is Muhammad bin Abu Yahya and he is trustworthy so the sanad ends up as being sahih.”
I say: al-Hafidh did not say in ad-Dirayah:“so look into its isnad”, rather he said, “and this is mursal and also its isnad contains someone who should be investigated.”
Therefore al-Hafidh criticised this hadith from two perspectives: Firstly, that it is mursal and the mursal hadith according to the strongest opinion is not a proof. Secondly, that its isnad contains one who should be investigated. So every one who claims this isnad to be authentic then it is upon him that he establishes the condition of every man in its sanad to be trustworthy, acceptable to be relied upon, and that it is linked.
And as for the claim of negligence on the part of the author, [az-Zayla’i] over Muhammad Abu Yahya, and after accepting the correctness of the criticism, then this does not necessitate the authenticity of the sanad of the hadith for in it is one whose state is not known in the books of Rijal (biographies of narrators).
vii) They seek evidence also from the hadith of Jabir bin Samurah who said, “I went out with the Messenger of Allah (SAW) and he said, ‘what is the matter that I see you raise/move your hands as if they were the tails of headstrong horses. Be calm in your prayer.’ ” (Muslim)
The answer is that there is no evidence in it for forbidding raising of the hands at specific places in the prayer and at specific times, and that is at the ruku‘ and rising from it. This is because it is a summary of a long hadith. To clarify, Muslim also narrates from Jabir bin Samurah who said, “when we said prayer with the Messenger of Allah (SAW) we said the taslim and gestured with our hands on both sides. Upon this the Messenger (SAW) said, ‘why do I see you moving your hands as if they were tails of headstrong horses. It is enough for you that one should place ones hand on ones thigh and then pronounce taslim to the brother on ones right and left’ ”, and in a narration, “when one of you says the taslim then he should only turn his face towards his companion and not gesture with his hands.”
Ibn Hibban said, “mentioning the [full] narration is necessary to explain the previously mentioned summarised narration because the people were commanded with tranquillity in prayer at the point of indicating at the taslim, not the raising which is established at ruku‘.”Then he narrates the like of what Muslim narrates.
Al-Bukhari said, “the one who depends upon the hadith of Jabir bin Samurah for forbidding the raising of hands at ruku‘, then there is not for him a portion of knowledge, for this is well-known, having no difference of opinion over it that it was in the state of tashahhud.” [As quoted in at-Talkhis]
Az-Zayla’i said in Nasb ar-Rayah, after mentioning the hadith of Jabir bin Samurah summarised, “and Imam Bukhari objects [to this claim] in his book which he wrote about raising of hands, ‘as for the depending of some people who have no knowledge of the hadith of Tamim bin Turfah; from Jabir bin Samurah [and he mentioned the summarised hadith, then the full version].... and if it were as they believe, then the raising of hands in the ‘Eid prayer would also be forbidden, because the hadith does not specify one raising from another, but it is general.’ ”
Az-Zayla’i then said, “and [it is possible] for the one to say: ‘that the ahadith do not explain one another, as there occurs in the wording of one hadith, “be calm in prayer”, and the one who raises his hands at taslim, it is not said to him, ‘be calm IN prayer’, but it is said to the one who raises his hands during the prayer such as in the state of ruku‘ and sujud. This is what is obvious, and the narrator relates the first hadith at one time as he bears witness to, and narrates the second hadith at another time as he bears witness to. And there is no far-fetchedness in that.”
I say: az-Zayla’i does not reply to the saying of al-Bukhari, “if it were as they believe, then the raising of hands in the takbirs of ‘Eid would also be forbidden”, so the reply he gives to this is the reply we give to raising of hands before and after ruku‘.
As for his saying, “the one who raises his hands at taslim is not said to him, ‘be calm in prayer’ ”then this is rejected, rather the one who raises his hands before completing and turning away from the prayer is in the prayer. Even if it is at the time of the first or second taslim it is said to him, “be calm in prayer.”Do you not see that ‘Abdullah bin Zubair saw a man raising his hands to make supplication before he left the prayer, so when he completed the prayer he said, “the Messenger of Allah (SAW) did not raise his hands until he had completed his prayer” related by at-Tabarani and its narrators are trustworthy. So think on this.
[END OF COMMENTARY]
2 At-Tahawi, Sharh Ma'ani al-athar [15/34].
3 Referring to the narration, "that when ibn 'Umar saw a man not raising his hands when he went into ruku' and when he rose from it, he threw pebbles at him." [no.14 of Juz' Raf'i-l-Yadayn].
4 Fat`h [2/280].
5 He is Abu al-Hasanat Abdu-l-Hayy al-Luknawi, a scholar of hadith from the Hanafi madh`hab. He was born in the year 1264H and died in the year 1304H.
6 He is the Imam, the Mujtahid, the Hafidh, Muhammad bin al-Hasan ash-Shaybani born in the year 132H and died in the year 189H. He was one of the premier students of Imam Abu Hanifah.
7 At-Tahawi, Sharh Ma'ani al-athar [15/50].
8 Refer to, at-Tahawi, Sharh Ma'ani al-athar [15/50].
9 Talkhi al-Habir [1/400].