Tayseer al-Allam Sharh Umdah al-Ahkam 

The Book of Salaat: Part Two 

Shaykh Abdullah ibn Abdur-Rahmaan ibn Salih Aal Basaam

http://www.as-sunnah-as-saheehah.com/

LECTURES 18 and 19

 

Forgetfulness in Prayer and Prostration as Compensation for it.

 

As- Sahw means forgetfulness – when one leaves something without being aware or conscious of it.  There is no blame on the one who has done so mistakenly due to forgetfulness.  Sajdah as Sahw is meant to correct the defect/shortcoming in the salaat

 

The Prophet saw is reported to have said: My ummah have been pardoned for mistakes or forgetfulness.

 

However, this does not have an authentic wording but Ibn Majah has a hadith with different wording but which is saheeh.

Albani considered this authentic.

This is proof that we should not feel shame about making a mistake.  It is natural to do so and Allah has given a way to correct it.

Even the Prophet saw made mistakes due to some wisdom or purpose that Allah intended.  There is a wisdom as to why Allah allowed the Prophet saw to fall into error in his actions.

One is so that the manner of correcting would be part of the Shariah. In addition, it is a means of ease and comfort.  Since we know the Prophet saw on occasion also fell into error it does not mean that there is a defect in our deen or emaan.

 

Some of the causes for Sajda Sahw

1)       Ziyada – when one adds something extra to the salaat

2)       Naqs – when one leaves something out from the prayer.

3)       Shaq – in doubt about something done in the prayer.

 

Sujood has been legislated as a means of earning Allah’s pleasure by correction and a source of anger and humiliation for the Shaitaan whose fault it is we divert from our salaat.  It is also a means of correcting the shortcoming or defect in the prayer.

 

This sujood has Difference of Opinion surrounding it and is a source of confusion for many Muslims.

Sheikh Uthaymeen wrote a book on this subject and he said the reason why he wrote it was because many Muslims were unaware of the regulations surrounding this sujood. It is necessary for us to have knowledge of it as we are bound to be forgetful in the prayer at one time or another.

Description of Sujood Sahu

·         While sitting say takbeer and prostrate

·         Say takbeer and sit up

·         Say takbeer and prostrate

·         Say takbeer and sit up

·         Make tasleem

 

The supplication in sujood may be whatever one will, based on the statement of the Prophet saw “as for sujood, a person should make ijtihaad as much as possible and it is expected that his supplication will be answered.”

 

We should face the qibla for sujood if it is carried out after the tasleem.  Ibn Masood narrated “The Prophet saw propped up his feet and faced the qibla..”  However, if it is before the tasleem then it is expected that one would be facing the Qibla anyway.

Tashenhud after the two prostrations has been narrated in some hadith and the isnad appear to be authentic in Ibn Dawood and Tirmidi. However, it was found that many great scholars said that these hadith were daeef because narrated through many different chains of narration for Imran ibn Hussein and the narrations that do not mention the tashenhud are more authentic.

So if there are two hadith with authentic chains but one is more authentic than the other ad there is a contradiction between them then the stronger is taken as authentic and the other is rejected – This is called Shagh.

 

Shagh – a hadith that appears to be authentic but it contradicts a stronger hadith with a more authentic chain of narrators.

 

 

 

In Bukhaaree, Imran ibn Hussein said it was certain that the prayer was Asr. In this hadith, Ibn Sereen forgot what Abu Hurairah had said.

 

The Prophet added an extra tasleem so he did an extra sajda after the proper tasleem- this is in the case of Ziyada.

 

General Meaning

Abu Hurairah reported that the Prophet prayed either Asr or Zuhr. He prayed the first two rakats and then performed tasleem. Since his personality was such that he had reached a nearness to Allah, his inner self was not tranquil after the salaat because he sensed his worship was not perfect.  Therefore, although he had forgotten, he felt something was wrong and he stood looking angry and was troubled but he did not know the cause of it.

 

Some of the people left quickly and started talking about it and it was as though they considered that because he was the Prophet of Allah, he could not make a mistake or forget.  So, they went away without asking him about it. Abu Bakr and Umar were even scared to ask.  It was finally Dhul- Yaddain who asked regarding whether the prayer had been shortened or had the Prophet forgotten? Based on what the Prophet was aware of he said neither.  But once Dhul-Yaddain realized it was definitely not revelation to shorten the prayer then he knew the Prophet must have forgotten.  The people confirmed what Dhul-Yaddain had said so the Prophet prayed two more rakats and made tasleem.  Then while sitting he carried out two more prostrations and another tasleem.

               

 

Important Points Derived from the Hadith

 

1.       The hadith shows the permissibility that even the Prophets, in their actions, can err BUT Allah corrects them; He does not allow them to remain in that error.  As for delivering the message then there is no room for error.  There is consensus on this point.

2.       There are many wisdoms related to this :

i.         Clarification of the Shariah

ii.       To lighten the burden of the ummah who will probably be forgetful

iii.      Prophets are human and they may err in their actions.

 

3.       Going out of prayer before its completion, thinking that it is finished, does NOT cut off the prayer completely but when a person realizes then the person may go back and complete what they have left off.  They do not start again.

4.       Speaking in salaat, unknowingly, does NOT invalidate salaat. This hadith is the proof for it.  During the course of the prayer, Dhul- Yaddain and the prophet and the people all spoke and it did not invalidate their salaat.

5.       It is correct and acceptable to compete the prayer and to build on what has already been done even if the period is lengthy.  There is no proof for the opinion that it should be a short time period only.

6.       Some movement apart from salaat does NOT invalidate salaat is done due to ignorance or forgetfulness.

7.       It is obligatory to make two extra prostrations for forgetfulness whether for ziyada or nuqsahn. This is to correct eh salaat and to humiliate the Shaitan.

8.       if a person makes more than one mistake then it is only necessary to perform one set of prostrations fro forgetfulness.  In this hadith the Prophet added an extra tasleem and completes the prayer as two rakats and not four.

9.       sajda sahw is performed AFTER tasleem in this hadith; if a person made tasleem while having made some defect in the prayer.  In other cases it maybe before the tasleem.  This is the madhab of Imam Ahmad.

10.   Doing Sujda Sahw at two different times depends on the situation and this opinion combines the various evidences that the Prophet saw made sujda before and after the tasleem as opposed to those who say it should always be before and those who say it should always be after the tasleem.

 

ORIGINAL RULING

(except in those cases where it is specifically indicated) The sajda sahw should be AFTER the tasleem based on the hadith of Tawbaan in Ibn Majah that is hasan ghirihee.  The prophet said: For every forgetfulness it is required to make two sajdas after tasleem.

 

11.   As–Sahw of the imam is passed onto the followers.  Due to the shortcoming of the Imams prayer, there is also a shortcoming in the Peoples’ prayer but there is no blame on the people; however, they are required to rectify this fault.

12.   There is no tashenhud after before the tasleem in the sajda sahw.  Ibn Taymiyah said there is nothing in the sayings of the Prophet requiring the people to make tashenhud in Sajda Sahw.  If there was, then the Companions would have mentioned it.

The basis of those who agree with the tashenhud is the hadith of Imran, which is considered hasan ghairib.  It has only one narrator and is not supported by other authentic hadith therefore we should not base our position on this hadith.

 

 

 

 

This is an example of sujda sahw performed due to nuksahn.  The Prophet left out the recitation of the tashenhud.

 

General Meaning

 

The Prophet led the Zuhr prayer and stood up in the second rakat without doing tashenhud.

 

Important Points derived from the Hadith

 

1.       The obligation of making sajda sahw for anyone who has forgotten or made a mistake in the prayer e.g. leaving out tashenhud al awal

2.       Tashenhud al awaal is NOT a rukn of the prayer because if it was then the Prophet would have had to go back and make it up and sajda suhw would not have sufficed.  The wajibaat are those actions that are fard but one can make them up.  The rukn are those that must be made up and without them the salaat is not valid.

Some scholars said that the tashendhud al awaal was sunnah and some said it was fard.

3.       If anyone makes more than one mistake then one set of sajda sahw is enough.  The proof here is that the Prophet did not sit down for tashenhud and he did not recite it.

4.       Since the Prophet agreed with the followers who still followed him in his mistake despite being aware the imam was making a mistake so this shows the importance of following the Imam.  In another narration of this hadith it is said that the people started saying Subhanallah Subhalallah but the Prophet had stood up so he could not go back and sit.

5.       The forgetfulness of the Imam is passed n to the followers.  The followers knew that he had made a mistake so when they stood up they did so intentionally.  So not invalid and the suhw was passed onto them.

6.       If something is left out of the prayer then the prostrations of forgetfulness should be performed before the tasleem

7.       The tasleem follows the prostrations immediately without any space or time between them for du’a or anything.

 

The Sheikh only mentioned these hadith so to get more information on Sajda Sahw we will study a few extra Hadith:

 

 

This general hadith shows us that the cause for our forgetfulness is Shaitaan and the way to combat this is to make sajda sahw.

 

 

Able to determine what is more likely so perform sujda sahw before the tasleem

 

 

 

 

 

 

 

 

 

Unable to determine what is most likely to be correct so follow what you think and perform sajda sahw after the tasleem

 

What the scholars said regarding this matter:

Imam Budawi says regarding sajda sahw:

As for the place, before or after the tasleem, that the prostrations were performed, the hadith concerning this reported different things.

As for what  Kudri (Extra Hadith (2)) and Buhainah (Hadith 102) reported was that the sajdah sahw was carried out before the tasleem.

Abu Hurairah and Abdullah Masoods hadith (Extra Hadith (4)) where something was added, then the prostrations are performed after the tasleem. 

Based on this, the scholars of fiqh also differed Most of the scholars such as Rabiya held the sujda sahw should be performed before the tasleem. Imam Shafee also held this opinion. 

The second opinion is of those who said it should be performed before the tasleem such as Sufyan ath-Tahuri of the Hanafi Madhab and the students of Abu Hanifa held that the sajda should be after tasleem, according to Abdullah Masood ‘s hadith. 

Imam Shafee said before and Haifa said after.

The third opinion is important. Imam Malik said if the sajda sahw is performed due to ziyada then after the tasleem (Dhul Yadein hadith and extra hadeeth 4) and if due to nuksahn then should be before tasleem (Abdullah ibn Buhaina 102) Malik trying to put every hadith together and trying to apply it in its place. Malik has given us the application and reconciliation of all the hadith. Also the saying of the sheikh of Imam Bukhaaree. As for the situations where no mention then general rule is that Imam Ahmad said sajda should be before the tasleem

Ishaac ibn Hakaway said we do as the hadith say but if there is no situation described like your then if adding then do like cases about adding and if something detracted then do like the Prophet did in the cases where something was left out.

 

Concerning doubt

Two cases:

 

1.    Able to determine the most likely of two possibilities then finish prayer according to that determination and do sajda sahw after the tasleem

 

2.    If not able to determine what is correct then take the lower number and complete the prayer according to that and do sajda sahw before the tasleem

 

 

 

Uthaymeen summarises this matter where he outlines the cases for when to do the sajda sahw.

LECTURE 20

 

Salaat- ul – Witr

 

 

General Meaning

A man asked the Prophet while he was giving a khutba on the mimbar, about the number of the rakaat for salaat ul lail and how to separate or to join the rakaat. Due to eagerness of Prophet to guide the people and give them knowledge he answered the man in front of all of the people so all would benefit.  He said to do them two by two and make tasleem after every two rakaat and then if dawn was approaching then to make one rakaat to make the rakaat odd number. Due to the fact witr is the ending or closing or seal of night prayer then it is better that it should be prayed at the end of the night.

 

IKTILAAF

voluntary prayers can one pray them only as two rakaat or can you pray more or less? 

 

Apparently understood from this hadith that should be prayed two by two without increase or decrease.  Since we know salaat is an act of ibadah are based on revelation and not for anyone to change time, amount and manner to be changed if already specified in shariah.  Should not go beyond what legislate.  However reported in other hadith that witr can be performed as one without any preceding rakaats. In four books of sunnan and declared to be authentic.

Prophet said whoever loves to make witr by five rakaat then do so and whoever desires to do by three rakaat then do so and whoever even wants to make it one then do so. 

Nasaee as opposed to other considered this hadith is mawkoof – really statement of Abu Ayoob al Ansari and not to be attributed to Prophet while others who narrated hadith considered it to be marfoohan- attributed to Prophet as statement from him

 

In any case this hadith is proof of permissibility of doing one rakat.  Matter is differ is whether can read nothing before it or not.

 

It has also been narrated by group of sahaba that making witr as one rakaat without any preceding even number of prayer and this seems to be limiting or specifying hadith 121. So suggests that can skip the even number of rakat and just pray as one rakat.

 

Important Points derived from the Hadith

1.         Based on this hadith we can determine that night prayer (tahajjad) is prayed as two rakat by two rakat without adding to that number or decreasing it.  Whereas the witr prayer the end of the tahjjud is prayed as a odd number.  Preferably at the end of the night for whoever has confidence that one will wake for it.

2.         We understand that the time for the witr prayer ends at the breaking of dawn.

3.         We understand that it is preferable that witr performed after the prayers of even number.

4.         Preceding the witr prayer by even number is sunnah

5.         Also answering the questioner in front of the people gives general benefit to all who are present.

6.         it is mustahab to perform the witr prayer although some scholars said it is wajib but correct opinion is that it is sunnah mu’accada always performed and best of acts of voluntary worship.  Prophet never abandoned this prayer whether resident or traveler

 

 

 

General Meaning

Time for witr begins at end of salaat ul Ishaa and ends at the break of dawn and so for this reason it is reported that Prophet used to perform it at beginning, middle and end of the night.  Since the witr prayer is performed at the end of the night ad witr was performed to seal the prayers. If performed at beginning of night, he would end it just before dawn.

 

Important points derived from the Hadith

 

1.       Permissibility of witr at beginning, middle and end of the night. 

2.       The preferable time is the end of the night for the one who feels safe that will not oversleep although permissible to make it at beginning or end of the night

3.       Difference of opinion amongst scholars concerning the end of the time of witr.  They are in agreement that beginning is after Ishaa prayer

 

IKHTILAAF

When does it end?

 

1.       Up until the beginning of Fajr being prayed

 

(one of narrations from Imam Ahmad)

 

2.       At the break of dawn when Adhaan being called

 

Imam Ahmad (one of two narrations) at break of dawn; when Adhaan is called then this is end of witr prayer. Ibn Qadamah said this is really the correct opinion and it is opinion of Hanbali scholars of later generation. Abu Hanifa’s companions- Muhammad and Abu Yusuf also held this opinions and Imam Sufyan ibath-Tahwri.  Ibn Taymiyah said that whoever slept past salt ul Witr  then he may pray it between the adhaan of Fajr and beginning of salaat. This was done by Abdulllah ibn Umar and Ayesha.

 

 

General Meaning

Ayesha has narrated to us the prayer of the Prophet in the night.  He used to pray thirteen rakat and he prayed the first eight as two by two and five as witr that he did not sit for until the end rakaat.

 

It has also been reported as seven and nine rakaat too.

 

Side point: the narrations of hadith from Ayesha differ on how the prayer during the night was performed.  Five, seven, nine, eleven,  have all been reported from her. In the two books of sahih it is reported that he never read more than eleven rakaat in Ramadhan or outside of Ramadhan.  This apparent contradiction in the number of rakaat he prayed can be reconciled.  The best way to understand the narration, that says he never prayed more then eleven rakaat, is that this was his most regular and general method of praying the night prayer and witr, but on occasion he may have increased the prayer to thirteen or decreased it to five or nine etc depending on his condition, or, perhaps, with the intention to teach the people and show them the permissibility of praying less than eleven.

 

Important Points Derived from the Hadith

 

1.         The Prophet sometimes made his prayer in the night as thirteen rakat, not counting two sunnah rakat before Fajr.

2.         He sometimes used to make the witr prayer as five rakaat without sitting in those five except at the end in the fifth rakaat

3.         What is intended by this hadith that the night prayer is performed in pairs of two is the night prayer t the exclusion of the witr prayer.

4.         Sometimes the Prophet prayed the prayer as seven and five and he did not sit until the last rakat and sometimes nine sitting in the eighth rakat for tashanhud and then in the last rakaat making tasleem. Authentically reported in all these ways. The prayer can be performed in many ways as long as odd.

5.         Ibn Taymiyah said the best of prayers after obligatory prayers is the night prayer and most important of this is the witr prayer and the two rakaat of Fajr.  Proof is that even when Prophet was traveling  he would abandon all the voluntary prayers except for the witr prayer and the two sunnah prayers of fajr.  The different manners of the methods of performing witr prayer. Correct opinion is that if the Imam performs the witr prayer in any one of the ways that has been reported in the sunnah then followers should also make the witr with him.

6.         Some of the scholars said the witr prayer have six ways of being performed (more than this but here he only mentions six)

i)         one rakaat

ii)       three rakaat (two with a tasleem and then one)

iii)      five rakaat (not sitting until last rakaat)

iv)      seven rakaat (sitting in sixth for tashahud and then seventh rakat for tasleem)

v)        nine rakaat (sitting in eight and then ninth to tasleem)

vi)      eleven rakaat (making tasleem after every two and then one single rakaat for witr)

even these numbers are sometimes performed differently then mentioned here.

 

Extra Hadith from “Al Muharafal Hadith” by Ibn Makdasi

 

 

 

 

Nisaee reports that the Prophet used to recite these three chapters and he did not make tasleem until the end.

 

 

 

This is applicable to people who are like Abu Hurairah who know they will not get up for Tahjjud in the last part of the night.

LECTURE 21

 

The Prayer for Travelers (Combining)

 

 

Combining and shortening are two separate things: there are different rulings and guidelines for each.

 

Traveling is a cause for difficulty and so Allah has given permission and some facilities and ease in the matters of worship for the traveler as a mercy for the believers.  Allah has reduced the responsibility so it is easy for us to carry out our duties.  One of the mercies is that of combining prayers.

It is permissible to combine the Zuhr and Asr in either of their times and Maghrib and Ishaa in either of their times. All of this shows the lofty nature of the Islamic Sharee'ah and the bounty of Allah so the Deen is easy and without hardship.

 

 

 

General Meaning

It was the habit of the Prophet, whenever he was traveling; on the road, he used to combine the Zuhr and Asr either in the early or late time and he used to combine Maghrib and Ishaa in early or late time.  And he used to consider which was easier and more convenient. He also used to consider the people who were with him.  The factor due to which he would combine the two prayers was that he was traveling.  So the prayer time of either of the prayers became the time for both of the prayers.  There is no shortcoming in the prayer whichever time you choose; the earlier time or the later.

 

IKTILAAF

A. The permissibility of joining prayers

 

1.    Permissible to join the prayers and this is applicable to advancing the two prayers to the earlier time or delaying them to the later time

 

     Large number of sahaba and tabi’een. Sheikh Abdullah ibn Bassam does not mention their names.  Imam Ibn Daqeeq al-Eid mentions that this opinion is held by Alee ibn Abi Talib, Saad ibn Abi Waqqaas, Saeed ibn Zaid, Usaama ibn Zaid, Abdullah ibn Umar, Imam Shafee’ee, Imam Ahmad Ibn Hanbal,

     PROOFS: Hadith 128 and hadith of Abdullah ibn Umar (Saalim’s father)  and the hadith of Muadh ibn Jabal (cited below)

 

 

 

Some of the narrations of this hadith have been declared saheeh. Opinion of majority of scholars.

 

2.       Not allowed to combine the prayers at all. 

 

Abu Hanifa, and his students; Muhammad and Abu Yusuf’s opinion is that it is not permissible to combine the prayers.  They made ta'weel (re-interpretation) of the hadith. The said that the hadith only shows the appearance of combining, i.e. Zuhr would be prayed in the last part of its time and Asr in the beginning of its time.

 

But in some hadith it says that the prophet prayed the Maghrib prayer after the redness had disappeared from the sky, which refutes this theory because that is the time of Ishaa.  This is real combining and not just the appearance of combining.

 

Al Khattaabee and Ibn Abdul Barr mentioned that combining the prayers is a Rukhsa (permission). If anyone does what has been mentioned by this madhhab then this is a very narrow amount of time, even for those scholars who know how to determine that time gap.  How then can the common people determine this time gap?

 

3.    Permissible but only in the delayed time, not in the advanced time

 

This is the opinion of Ibn Hazm - and a narration of Imam Maalik.

PROOFS: those hadith which do not mention advancing the prayer, only praying them in the delayed time. This is why they understood delaying was permissible but not advancing the later prayer to the earlier time.  They responded to the first opinion by saying the hadith of Muadh ibn Jabal was cited by some of the scholars as being questionable (concerning its authenticity).

 

B. What are the reasons for permissibility of combining?

 

3.    Traveling is a cause for combining the prayers either in the advanced or the delayed time

 

This is the opinion of the majority, of Imam Shafe’ee and imam Ahmad and one of the reports from Imam Malik.

REFUTATION:  of the second opinion, that combining is only permissible during traveling if there is a need for it: i.e. one is in the actual course of traveling. 

Muadh ibn Jabal narrated: The Prophet saw delayed the prayer one day during the battle of Tabook and he came out of his tent (and he was settled there during that time) and he prayed the Zuhr and Asr prayer and then reentered his tent and then came out later and prayed the Maghrib and Ishaa prayer together.

                                                                                

This is a proof that the Prophet combined even though not in the course of traveling and he was in a settled place during traveling.  Ibn Barr said this hadith is authentic.  Imam Shafee’ee mentioned that the entering ad exiting of the Prophet is a proof that the Messenger was not in the course of traveling. So this serves as a refutation against those who said Prophet never combined prayers except in the course of traveling i.e. When there was a need.

 

 

4.    The cause for combining, whether traveling or otherwise is if there is a need for it

 

This is the most well known of Imam Malik’s opinions. If there is a need then this is the cause for combining.  If one is traveling, and there is no need to combine the prayers then one should not combine the prayers. In the hadith it states that the Prophet was in the course of traveling and thus it was not the fact that he was a traveler but rather that there was a need because he was actually on the road.

 

Also the chosen opinion of Sheikh al Islam Ibn Taymiyah and his student, Ibn Kayyim.  One of the Maliki scholars, al Baji, said that Imam Malik disliked to combine the prayers unless there was a need because perhaps he felt that people who had no need to combine would do so just because they were travelers.  He felt it was preferable to pray the prayers in their time.

EVIDENCE:  Hadith of Abdullah ibn Umar and Abdullah ibn Abaass

 

Abdullah ibn Umar was asked why he combined his prayers while traveling and he replied that whenever the Prophet was in the course of traveling, he would combine his prayers

 

From this they concluded that if there is a need to combine then a traveler should do so and if there is no need then they should refrain from doing so.

 

Side note: The hadith of Muadh ibn Jabal indicated that even when he stopped he still on occasion combined the prayers then this is additional information to that contained in other hadith.  We should accept the extra information contained in any hadith if it comes from a reliable reporter.  Therefore, we have to accept it.

 

The Sheikh comments on this, saying that the difficulty that one faces while traveling is not only while one is on the road because one cannot enjoy the conveniences that one would normally enjoy if one was at home.  Therefore, this combining is an ease for the one who is a traveler until they return to the place that they traveled from.

 

5.    Not permissible to combine the prayers for a traveler but only for the pilgrim on Hajj on Arafat and Muzdalifah

 

The reason for combining is not traveling.  This is the opinion of Abu Hanifah.  There is only one reason for being able to combine the prayers and that not due to being a traveler but due to being on Arafat and in Muzdalifah.  The cause for the allowance is that a person is performing the rites of Hajj. This is also the opinion of Hasan al Basri.

PROOFS: Even those who live in Mecca are  not travelers on hajj but they are allowed to combine in this instance.  This is proof that it is not traveling that is the reason for combining.    But there are other hadith which prove that traveling is a reason for combining as well as being on Hajj.  It is a cause but not the only cause.

 

This opinion is rejected really, not because there is no evidence for combing at Muzdalifah and Arafat but because this is not the only cause for combining.  Amongst these reasons is traveling.

 

 

Other reasons for combining the prayers:

The book only mentions one hadith under this chapter and this indicates that the reason for combining is traveling but in reality, there are other reasons for shortening the prayer.  E.g.

·         rain

·         sickness: In Muslim the hadith mentions the combining of Zuhr and Asr and Maghrib and Ishaa and it is not due to rain or fear or travel, but for sickness.

·         For need: Ibn Sireen’s opinion is that one may combine if there is a need as long as one does not make a habit of it.  Imam Ahmad, Imam Malik ad Imam Ishaac ibn Rathuway and Hasan al Basri and some of Shafee’ee scholars such as Al Kjitaabi (Explainer of Sunan of Abu Dawud) and Imam Nawawi

·         Mustahada: woman with prolonged bleeding- not due to menses. She may pray in this condition and to combine the prayers.

 

Minimum Distance which one may combine the prayers

 

·         The distance that one may travel before being able to combine the prayers is the distance that a person travels over two days (16 farsak which is 48 miles or 96 km) Then the person is considered a traveler and is permitted to combine the prayers

 

This is the opinion of Imam Shafe’ee and Imam Ahmad

 

 

·         No specified limit by time and distance

This is the opinion of Ibn Taymiyah that anything which can be called traveling and when one considers oneself a traveler then that person is allowed to combine the prayers. The permissibility is not determined by distance. There is no text from Quran or Sunnah that makes a distinction between those who travel a short or a long distance.

The most correct opinion is the second one.  Whenever anyone goes to another town or district and they feel that they are a traveler and it is considered in that particular time and society that they are traveling then they may combine their prayers.

 

 

What is better- combining or not combining?

 

Majority of scholars held that not combining the prayers if there is no need for it is preferable to combining them except in Arafat and Muzdalifah.  In Arafat they combine in order that they may supplicate and stand in rukoo and in Muzdalifah they combine in order to have a longer time to sleep and the following day is very difficult – the tenth dhul hijjah.

 

The preferable thing is to pray the prayers in their fixed time – this is the original rule and although it is permissible to pray the prayers by combining even if there is no need for it, it is still better to pray them in their fixed time due to the original rule. The combining is a convenience.

If a person can pray the prayer in juma’ah, with the Imam and the Muslims in the fixed time, then it is better to do so rather than combine the prayers and pray them alone, unless there is a need to do so.

 

Important Points Derived from the Hadith

 

1.    Permissibility of combining two prayers- Zuhr/Asr and Maghrib/Ishaa

2.    The general meaning of the hadith shows the permissibility of combining in the earlier or later times of the prayers (see also the extra hadith)

3.    The apparent meaning of the hadith is that combining is limited to one in the course of traveling. 

Ikhtilaaf regarding this point. Ibn Daqeeq al Eid said: If there was no other hadith then we might say that combining is only permissible for those in the course of traveling BUT it is more correct to say that any traveler at any time can combine the prayers. Not limited.

4.    The hadith indicates combining is related specifically and is exclusive to Zuhr/Asr and Maghrib/Ishaa, NOT Fajr.

 

SIDE POINTS

 

·       Some scholars held the opinion that it is not permissible to shorten the prayers until the person has actually left their city of residence. (more detail in next lecture)

 

·       Regarding the amount of time the person will stay over at place of travel; depending on this, at what point is it permissible to shorten or combine or both and for how long?

There are various opinions regarding this.  We should know that there are two different issues combining and shortening and they have different reasons and rules in order to be carried out.

 

LECTURE 22

The Prayer for Travelers (Shortening)

 

 

Qasr is in reference to the four rakat prayers; Zuhr, Asr and Ishaa and Imam ibn Mundir says there is consensus on the fact that there is no shortening of prayers for Maghrib and Fajr.  Shortening is only for four rakat prayers. The reason for shortening is traveling and it has been legislated as an ease and a mercy.

Makdisee only gives one hadith in this chapter:

 

 

Uthmaan used to do as the Prophet used to do in the beginning of his Khilafa but then he started to pray four rakaat. The important thing here is that at the beginning he used to do as Umar and Abu Bakr and the Prophet used to do.

 

IKTILAAF

A. Is it obligatory to shorten the prayers for a traveler?

 

1.    Permissible

Imam Ahmad, Malik and Shafe’ee (majority) held this opinion. One can make the prayer, while traveling, as four rakat or two, but shortening the prayer is preferable.

REFUTATION: The majority replied to the proof given by the minority that the Prophet always did this by saying that the action of the Prophet did not indicate obligation but only that it is mustahab.  RULE: If the Prophet orders us to do something then that is different but simply by doing the thing, it does not indicate that the action is obligatory upon us, but that it is mustahab.  So it is preferable to shorten the prayers but it is not forbidden to make the prayers as four rakaat.

 

 

This is a strong proof and it is an issue related to the Shariah and so she would not use her own ijtihaad.  It had to have been reported to her.

 

Surah Nisa: 101: When ye travel through the earth, there is no blame on you if ye shorten your prayers, for fear the Unbelievers May attack you: For the Unbelievers are unto you open enemies.

 

This indicates that shortening of the prayers was a permission and not an order.  But if you do it then there is no blame on you.

Completing the prayers is the original form that the prayer is supposed to be so therefore one can complete it or shorten it.

 

 

2. Wajib

Abu Hanifah held this opinion and Imam Ibn Hazim. They held that shortening the prayer during traveling was lazim; one must do it. It is obligatory only to pray two rakat.

PROOFS: Prophet always shortened the prayer and never prayed full.

REFUTATION: The minority answered the proof of the majority saying that the hadith of Ayesha is a statement of Ayesha and is not attributable to the Prophet. 

Also the minority refuted the ayah from Surah Nisa saying that the ayah was revealed in reference for the fear prayer on the battle field.

 

 

What is most well known amongst the scholars is that the Prophet never prayed more than two rakats while traveling, as related in the hadith. Most correct opinion.

Sheikh Bassaam says that it is more preferable that the traveler should take the permission that Allah has given to him because it is a way of following the Prophet and one also escapes from the difference of opinion. 

Ibn Taymiyah said: completing of the prayers is considered to be makrooh. Imam Ahmad hesitated to confirm the acceptability of the traveler who makes their prayer complete. It is narrated by muttawatir hadith that the Prophet saw used to always pray the travelers prayer as two rakat and so did Umar and Abu Bakr after him. So it is a proof that the action of the Prophet was not abrogated.

 

Important Points derived from the Hadith

 

1.    The first ruling is that it is legislated to shorten the p