Madinat al-Muslimeen Islamic Message Board
Shortening/combining prayers |
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bhaloo |
07/03/01 at 01:27:07 |
slm All Praise is due to Allah, We Praise Him, and seek His help and forgiveness. We seek refuge in Allah, Most High, from the evils of our own selves and from our wicked actions. Whomsoever has been guided by Allah, none can misguide him, and whomsoever has been misguided by Allah, none can guide him. I bear witness that there is no true God worthy of being worshipped except Allah, alone, having no partner. And I bear witness that Muhammad is His true slave and Messenger. To proceed: That the most truthful speech is that of Allah’s Book and that the best of guidance is that of Muhammad (s.A.w.). The worst of evils are innovated ones, and every innovated matter is a Bid’ah, and every Bid’ah is a misguidance, and every misguidance is in the Hell Fire. "And there is no sin on you if you make mistake therein, except in regard to what your hearts deliberately intend. Yet Allah is Forgiving, Merciful" (33:5) One must not do Qasr when one is not travelling. So it must be made clear here that activities involving work, lectures or exam, while residing, does not warrant the use of Qasr. Jama’ can be used only as a license and not as a habit when one is nevertheless a resident. Here the questioner should specify further about the destination, because if the destination is not part of your resident and is still part of your journey, combining the prayers is warranted according to most Fuqaha. On the contrary, if the destination is your resident, and you arrive at the earlier time, then there is no need to combine, since there is no longer a genuine excuse. Ibn Qudamah says, "If someone performs both prayers at the time of the earlier one and then his reason for doing so ceases to exist, then this is sufficient for him and he need not repeat the second prayer when the second time begins. Therefore he is not required to do anything. He completed his obligation at a time in which he had some genuine excuse, and his action is not invalidated by the fact that this excuse no longer exists. This is similar to the case of a person who performs Tayammum, and after he finishes his Solah, he finds water, in which case he does not have to repeat his Solah." Another relevant point here is the intention one makes. Having the intention is not a condition (Shar’t) for combining (Jama’) or shortening (Qasr) the Solah. Ibn Taimiyah says that this is the position of the majority of the Fuqaha. He says: "When the Prophet (s.A.w.) did Jama’ or performed Qasr with his Sahabah, he never ordered any of them to make the intention for Jama’ or Qasr. In fact, when he left Madinah for Makkah, he prayed 2 Raka’ah without combining the Solah (Qasr without Jama’), and he prayed the Dhuhor prayer at ‘Arafah without telling the people that he intended to pray ‘Asr right afterward. And then he prayed the ‘Asr with them while they did not have the intention to combine the prayers, and this was Jama’ Taqdim. And when he left Madinah, he led the people in the ‘Asr Solah at Dhul-Hulaifa with two Raka’ah and he did not order them to make the intention to do Qasr." In this article there are 2 sections. The first section is about shortening the prayers, Qasr and the second is about combining the prayers, Jama’. "It will not be held against you when you travel into the world should you shorten prayer, if you fear those who disbelieve may harass you." (4:101) Ya’la ibn Umaiyyah said to Umar ibn al-Khattab "Explain to me why the people shorten the Solah when Allah says "when you travel into the world should you shorten prayer, if you fear those who disbelieve may harass you", for those days are gone now! Umar said "I wondered about that too and I mentioned that to the Prophet (s.A.w.) and he said: "This is a charity that Allah, the Highest, has bestowed upon you, so accept His charity." As for Qasr it is curtailing the prayers or shortening the prayers consisting of 4 Raka’ahs. This concession is given for every traveller and not for residents and this is agreed by all the Fuqaha. (See Bidayat ul Mujtahid 1/350) In Fiqh al-Islam wal Adillatuh (2/341) the author relates the wisdom behind the legislation of Qasr: "The Hikmah of having Qasr is to avoid from difficulties and obstacles faced by the Musafir which might occur, in order to make it easier to perform the Rights of Allah, by doing the obligatory acts and to hamper any escape from doing the obligatory performance. With this Rukhsah (concession), people should not have any excuses or reasons to leave the Fard Prayers." According to Ibn Rushd, the majority of Fuqaha differed over Qasr on five points. In order to examine the Shurut (conditions) of Qasr, in an orderly fashion, we will go through using the points mentioned by ibn Rushd, and these are mainly all the Shurut of Qasr: 1. The Hukm of Qasr. 2. The distance of the journey. 3. The kind of journey. 4. The point from which the Musafir may commence Qasr. 5. The duration for which is permissible for the Musafir to continue Qasr, once he has settled. 1. The Hukm of Qasr: One will find that in any books of Fiqh, the Fuqaha disagrees about the Hukm of Qasr, whether it is a Rukhsah (concession) or an ‘Azimah (strictness). >From Ibn Umar (r.a.) he said: "I accompanied Rasul Allah (s.A.w.) on a journey, and he did not add extra in his Solah more than 2 Raka’ah, and so did Abu Bakr, Umar and Uthman. (Bukhari, Muslim & Others) It is related from Aishah that she said: "I accompanied the Prophet (s.A.w.) in Umrah during Ramadhan, and then he broke his fast while I kept mine, and he did Qasr while I completed my Solah, then I asked: By my father and my mother, why is it that you broke your fast while I kept fasting and you performed Qasr while I completed mine, then he answered: That is only good, Aishah." (Daraqutni - Sanad is Hasan) Ibn Rushd concludes after looking at all the evidences saying "All this indicates leniency, exemption, and the removal of hardship, and not that Qasr is obligatory or a Sunnah….But the evidence arising from the acts of the Prophet (s.A.w.) conflicts with the rational meaning because it has been reported that the Prophet (s.A.w.) shortened his prayers in all his journeys, and it has never been proved authentically that the Prophet had ever offered the complete prayer during a journey…..It therefore follows that it is either, wajib mukhayyar (an obligation with an option) or it is a Sunnah or it is a determined obligation for the traveller." As-Shaukani says: "One should know that the Ulama’ disagree whether Qasr is obligatory or Rukhsah, and whether Tamam or Itmam (completing the prayer) is more preferred. From what we have gathered, it seems that the opinion which is stronger is that it is obligatory to do Qasr. If we assume the Hadith of Aishah is Sahih, we could certainly use that as a Dalil but that Hadith could not be used as a proof because it contradicts with what is related from Bukhari and Muslim and others." In al-Ikhtiyarat, Ibn Taimiyah says: "And there is no statement from any of the Sahabah who did not do Qasr while travelling during the time of the Prophet (s.A.w.), where the Hadith of Aishah cannot be used as a Hujjah because it does not meet the requirements." In Huda an-Nabawiyy, Ibn al-Qayim says: "Whenever the Prophet (s.A.w.) travelled, until he returned to Madinah, the Prophet (s.A.w) would pray only two Raka’ah for the prayers that consisted of four, except Solat ul Maghrib. Verily Maghrib is the Witr (odd) during the day time. And it is not confirmed that he ever prayed four Raka’ah (while a Musafir), and none of the Imam differ on this point, although they differ about the Hukm on Qasr." In Fiqh us Sunnah, as-Sayyid Sabiq says: "Umar, Ali, Ibn Mas’ud, Ibn Abbas, Abdullah Ibn Umar, Jabir and the Hanafi scholars says that it is Fard (obligatory) to do Qasr while travelling. The Maliki school holds that it is Sunnah while is even more Ta’kid (stressed) than the Jama’ah prayers. …The Hanbali school holds that it is preferred for the person to do Qasr rather than to pray Tamam. The Shafi’i school has a similar opinion, that is only if the person have travelled a sufficient distance." However, in Subul as-Salam, as-Sana’ni relates that the opinion of as-Shafi’i and a small group of Ulama’ as: "The Qasr is only a Rukhsah and the Solah of Tamam is more afdhal." In Sharah al-Muhadzdhab, according to Imam Nawawi, the most appropriate view is that it is excellent to shorten the prayer in a journey. And Allah knows best. 2. The distance of the journey: In this second point, the Fuqaha disagreed widely. Ibn Rushd says: "Malik, as-Shafi’i, Ahmad and a large group of Fuqaha held that prayer is to be Qasr during a journey of 4 Barids (about 48 miles). Abu Hanifa, his disciples and the Kufis said that the minimum for Qasr is a journey of 3 days or when travelling from one region to another. The Zahiri said that Qasr is permitted for each journey, whether to a near or distant place." In Minhaj al-Muslim, Abu Bakr al-Jaza’iri says: "The Prophet (s.A.w.) did not particularise for the distance in which Qasr is prescribed. But the audience of the Sahabah and the followers and the Imams looked to distances which the Prophet (s.A.w.) had done Qasr, they found it to be around 4 Barids." According to Ibn Rushd, the opinion of 4 Barids is related from Ibn Umar and Ibn Abbas, and has been reported from Malik. The opinion about 3 days is related from Ibn Mas’ud, Uthman and others. He also says "The reason for their disagreement stem from the conflict of the rational meaning with the words. Rationally speaking, the reason why travelling may include Qasr is based in hardship that exists, as in the case of fasting during travel. If this is the case, then, Qasr is permissible whenever hardship is found while travelling." Ibn Hajr relates from Ibn Mundhir and others, that they have mentioned more than 20 opinions on this point—a small group among them states that the distant travelled should be at least a day and night and a larger group of them states that as long as the traveller is outside of the city. The shortest distance which has been mentioned is 3 miles. This is what was recorded by Ibn Abi Shaibah, with a Sahih Isnad, on the authority of Abdullah Ibn Umar. Yahya bin Yazid al-Hana’i said: "I asked Anas Ibn Malik about Qasr and he said: ‘The Prophet (s.A.w.) would pray 2 Raka’ah if he had travelled a distance of 3 miles or Farasikh’." Ibn Hajr then comments on this Hadith by saying: "This is the most authentic Hadith that states and clarifies this point. Ibn Hazm uses this Hadith and argues that one should not perform Qasr if the distance is less than 3 miles." "Those who oppose this view, uses the Hadith of Anas to mean that the Prophet (s.A.w.) would start doing Qasr after 3 miles of travel and not that the 3 miles is the absolute distance needed to do Qasr. This is how wide the interpretation is. And as-Shafi’i, Malik, al-Laith, al-Auza’i and other Fuqaha among the ahl-Hadith and others are having the opinion that one cannot perform Qasr unless the distance for travelling is 2 Marhalah or 48 Hashimite Miles (16 Farasikh) as was stated by an-Nawawi. And Imam Bukhari’s opinion is the distance of a day and night’s travel." (Fath al-Bari 4/579) Anas bin Malik is reported that he said: "I observed 4 Raka’ah in the Dhuhor prayer with the Prophet (s.A.w.) at Madinah, and offered 2 Raka’ah in the ‘Asr prayer at Dhul-Hulaifa." Commenting on this Hadith as-Shaukani says: "This Hadith is used as a Dalil for allowing to perform Qasr in a short journey because Dhul-Hulaifa is only 6 miles from Madinah. Apart from that, Dhul-Hulaifa was not the final destination. He had undertaken the journey for Makkah, and Dhul-Hulaifa was the first habitation where he reached at the time of the ‘Asr prayer where he did Qasr and from then he continuously did Qasr until he reached Madinah again. Know that, indeed, there is a long Khilaaf (disagreement) among the Ulama’ regarding the distance allowed to perform Qasr. There is a Hadith from Ibn Abbas which states: ‘O people of Makkah, do not perform Qasr while travelling less than 4 Barids from Makkah till Asfan.’ But this Hadith could not be used as a Hujjah because it was only a statement made by Ibn Abbas." (Nayl al-Awtar 2/1518) Ibn Taimiyah says: "One is allowed to perform Qasr in any ‘travelling’, which falls within the linguistic definition of the word ‘travel’ be it long or short and the specific distance is not known. This was the conclusion of the Zahiri and is supported by Ibn Qudamah in al-Mughni and by Ibn Aqil and also by some Muta’akhirin Ulama’ of the Hanbal and Shafi’i school and this opinion was also related from some of the Prophet’s companion." Imam Abul Qasim al-Kharqi’s says in al-Mughni: "I do not find any proof for what those scholars say. The statements of the Sahabah are contradictory, and they are not a (conclusive) proof if they differ. Something has been related from Ibn 'Umar and Ibn 'Abbas (4 Barids) which differs from what these scholars use as a proof. Even if that were not the case, their statements do not constitute a proof when a statement or action of the Prophet himself exists. Even if their statements were accepted, we would not be able to follow the distance they mentioned due to the following two reasons. One, they differ from the Sunnah that has been related from the Prophet and from the clear meaning of the Qur’an, as the clear meaning of the verse allows one to shorten one's Solah if one makes any journey upon the earth. Allah says: ‘If you journey on the earth, there is no blame upon you if you shorten your prayer.’ The condition of there being fear has been deleted as can be seen in the Hadith we recorded from Ya'la ibn Umaiyyah, and what remains is the clear meaning of the verse which covers every type of journey. The Prophet (s.A.w.) said: ‘The traveller may wipe over his socks for a period of 3 days.’ This shows the length of time that one may wipe over the socks and it cannot be used as a proof in the present case. One could argue that travelling is less than a 3-day journey on the basis ob the Hadith: ‘It is not allowed for any woman who believes in Allah and the last day to travel a journey of one day except in the presence of a male relative.’ Two, the question of the distance to be travelled is one that may only be answered by some sort of revelation from Allah, the Exalted in the Qur'an or Sunnah. It is not the type of issue that one may address on the basis of personal reasoning (Ijtihad), nor is there any way to derive an analogy. The proofs that exist support the opinion that shortening the Solah is permissible for every traveller, unless there is some consensus to the contrary." And Allah knows best. 3. The kind of journey: In Umdat us Salik wa Uddat al-Nasik, it is written: "Someone whose journey constitutes an act of disobedience, such as a woman travelling against her husband’s wishes, may not perform Qasr but must perform Tamam instead." This was the opinion of Malik and as-Shafi’i. They permitted Qasr in all Mubah (permissible) journeys and excluded journeys undertaken for evil design. Although Abu Hanifa, al-Thawri and Abu Thawr allowed Qasr for any kind of journey whether for seeking nearness, Mubah or for evil design. Ahmad only allowed Qasr for journeys undertaken to seek nearness to Allah such as Hajj, Umrah or Jihad. And Allah knows best. 4. The point from which the Musafir may commence Qasr: Al-Imam Malik stated in al-Muwatta that Solah are not to be Qasr until the person has left the dwellings area on the outskirts of the city. Sayyid Sabiq relates that the Jumhur (majority) from the scholars are of the opinion that it is permissible to perform Qasr when one leaves one’s residence and is outside of one’s city, and this is a Shar’t (condition), and he is not to resume Tamam until he returns back to the first houses of his city. Ibn al-Mundhir says: "I do not know of the Prophet (s.A.w.) doing Qasr during any of his travels until after he had left Madinah." And then Sayyid Sabiq quoted the Hadith of Anas which said that the Prophet (s.A.w.) performed Qasr at Dhul-Hulaifa. Then he continued: "Some of the Ulama’ of Salaf (early scholars) say that if one makes the intention to travel, he may shorten his Solah even if he is in his house." And Allah knows best. 5. The duration for which is permissible for the Musafir to continue Qasr, once he has settled: This is, unfortunately another area in which there are numerous opinions yet very little proof for those opinions. Yahya bin Abi Ishaq reported: "I heard Anas bin Malik saying: ‘We went out from Madinah to Makkah with the Prophet (s.A.w.) and he prayed two Raka’ah at each time of prayer till we returned to Madinah’. Yahya bin Abi Ishaq asked: ‘For how long did he stay in Makkah?’ Anas said: ‘For ten days’." Jabir bin Abdullah said "The Prophet (s.A.w.) stayed at Tabuk for twenty days; he performed Qasr during his stay." Imran bin Hussein said: "I went on an expedition with the Prophet (s.A.w.). and I was present with him at the conquest. He stayed eighteen days in Makkah and prayed only two Raka’ah (Qasr). And he said : ‘You who live in the town must pray four for we are travellers." The opinion of Malik and as-Shafi’i is that if the Musafir decides to stay for four days he is to offer the Tamam prayers. Abu Hanifa and Sufyan al-Thawri are of the opinion that if he decides to stay for a period of 15 days he is to offer the Tamam prayers. And Ahmad says that if one decides to stay for more than four days he is to offer the complete prayers. Ibn Rushd says, the reason for these disagreement arises from the fact that the matter is not expressly stated in the Law, and using Qiyas (analogy) for such prescription is deemed weak by all. (Bidayat al-Mujtahid 1/357) As-Shaukani says: "From what is true, someone who stops in a town, while travelling and intends to become a resident (Mukim) for a number of days, then he can no longer be called a Musafir, and for that reason he has to perform the complete (Tamam) prayers." According to Ibn al-Qayim, in Zad al-Mad, if a traveller intends to stay at a certain place, he should offer his prayer in full. But if he does not intend to stay, but vacillate to depart from that place, he should shorten the prayer, no matter how long he remains in this condition. He says: "The Prophet (s.A.w.) stayed in Tabuk for twenty days and during that time he performed Qasr and he did not say that one may not do Qasr if he stays longer than that, although there is agreement that he stayed there (Tabuk) for that period." Nafi’ related that "Abdullah Ibn Umar was in Azerbaijan for 6 months, because there was snow blocking the pass, he would pray 2 Raka’ah (Qasr)." Hafs ibn Ubaidullah says: "Anas ibn Malik stayed in as-Sham for two years and he prayed the Qasr." Anas relates that: "The Sahabah of the Prophet (s.A.w.) stayed in Rum Hurmuz for 7 months and they did Qasr." Al-Hassan reports: "I stayed with Abdur Rahman ibn Samurah for two years in Kabul, and he did Qasr but did not do Jama’". A Musafir may do Qasr as long as he is on a journey. The four Imams agree that if one has some need to take care of and always has the intention of leaving the next day, then he do Qasr for as long as he is in that state. But according to one narration from as-Shafi’i, one may do so only for 17 or 18 days and he is not to do Qasr after that time. Ibn al-Mundhir states in his Ishraf: "The people of knowledge (Ulama’) are in agreement that a Musafir may perform Qasr as long as he does not intend to stay in a place, even though he stays there for years. This is the guidance of the Prophet (s.A.w.) and his companions, and this is the correct position. (Fiqh us Sunnah 2/219) Another related topic is that if one arrives at a place where he would be a potential resident, such as visiting a wife or a property (such as farms), even if that is not his original resident, then one should complete his prayer appropriately. Abdullah bin Zubair reported that the prophet (s.A.w.) said: "When a person marries in a town, he should observe the prayer of a resident (Tamam)." Ibn Abbas said that "If one of you sees his wife or his property, therefore complete your prayer as a resident does." According to Imam Ahmad, if a Musafir passes a town in which his wife is residing or if he has some sort of property, then he should offer the complete prayers unless if he is short of time, then he could perform Qasr. This report was given by al-Muwaffaq in al-Mughni and this is also the opinion of Ibn Abbas. Meanwhile, az-Zuhri says: "Whenever someone passes through a farm which he owns, then it is obligatory for him to pray the complete prayers (Tamam)." Al-Imam Malik says; "Whenever one passes through a district where his wife or his property is located, then it is obligatory to complete his prayer, even if he plans to stay there for only one day and night." Ibn al-Qayim says, "Uthman (r.a.) had married in Makkah and their residence of in-laws is to be treated as one’s own residence and one ceases to be a traveller, and this was the explanation which Uthman himself gave when an objection was raised against him, for not doing Qasr while in Makkah, sometime during his Caliphate." (Zad al-Mad 1/269) And Allah knows best. The two concessions (Qasr & Jama’) are acts which are different from each other and have its own conditions (Shurut) which stands on its own. Shaiykh Abdul Wakil Durubi says: "The two concessions for travellers (Qasr and Jama’) have no effect on each other: one may take both together or either" In this section, we will divide the topic into 2 sections: 1. The permissibility of Jaia’ while travelling (Safar). 2. The permissibility of Jama’ as a resident (Mukim). 1. The permissibility of Jama’ during a travel (Safar): About the permissibility of combining the prayers, the Fuqaha agreed that combining Dhuhor and ‘Asr at the time of Dhuhor at ‘Arafah (by a pilgrim) is a Sunnah, and combining Maghrib and ‘Isha at Mudzallifah at the time of ‘Isha is also a Sunnah. They disagreed about combining prayers on occasions other than these. Jumhur permitted it and Abu Hanifa and his disciples prohibited this absolutely. Anas ibn Malik reported: "Where the Prophet (s.A.w) set out on a journey before the sun declined, he delayed the Dhuhor prayer till the ‘Asr prayer, and then dismounted and combined them, but if the sun had declined before his setting out on a journey, he observed the Dhuhor prayer and then mounted." Muadh bin Jabal said: "The Sahabah proceeded on the expedition of Tabuk along with the Prophet (s.A.w.). He combined the Dhuhor and ‘Asr prayers and the Maghrib and ‘Isha prayers. One day he delayed the prayer and came out of his dwellings and combined the Dhuhor and ‘Asr prayers. He then went in and then came out and combined the Maghrib and ‘Isha prayers." Muadh reports that: "while the Prophet(s.A.w.) was at Tabuk and the sun had passed the meridian, the Prophet (s.A.w.), combined the Dhuhor and 'Asr prayers before he started his journey. If he started his journey before the sun passed its meridian, he would delay the Dhuhor prayer until the time when he stopped for the 'Asr prayer. He would do likewise for the Maghrib prayer. If the sun set before he began his journey, he would combine the Maghrib and 'Isha prayers (at that time). If he began a journey before the sun had set, he would then combine them at the time of 'Isha." Ibn 'Abbas reported an incident during one of the Prophet (s.A.w.) travels where he reported: "If the sun passed its meridian while he stopped, he would combine the Dhuhor and 'Asr prayers before remounting (i.e., moving on). If the sun had not passed its meridian while he had stopped (i.e., before breaking camp), he would travel until the time of the 'Asr prayer and then he would combine the Dhuhor and 'Asr prayers. If the sun had set while he had stopped, he would combine the Maghrib and 'Isha prayers. If that did not occur while he had stopped, he would ride until the 'Isha time and then combine them." This is reported from Ahmad and as-Shafi’i. Al-Baihaq also recorded it with a good chain of narration and he says: "To combine the two prayers when travelling is something that is well-known and was practised by the companions of the Prophet (s.A.w.), and those who followed them." Al-Imam Malik records in Al-Muwatta from Muadh that "The Prophet (s.A.w.), delayed his Solah one day during the Battle of Tabuk and then went and prayed the Dhuhor and 'Asr prayers together. Then he returned and left again and offered the Maghrib and 'Isha prayers together." Ibn 'Abdul Barr says: "That Hadith is Sahih and its chain is confirmed. The people who are familiar with the life history of the Prophet say that the Battle of Tabuk took place in the ninth year of the Hijrah. This Hadith is a clear proof and the strongest evidence against those who claim that one can only combine the prayers while one is actually moving from one site to another, because the Prophet was settled and was not travelling; he was staying in his tent and would come out and combine two prayers and then return to his tent. Muslim recorded this Hadith in his Sahih and stated: 'He would pray the Dhuhor and 'Asr together and the Maghrib and 'Isha together. One must follow this Hadith as it is confirmed (to be authentic), and it is a clear statement on this subject and there is nothing that contradicts it. The permission to combine the Solah is a Rukhsah (concession) for anyone who is travelling but it is by no means confined to just those times when the person is actually on the road (i.e., travelling from one place to another). The same is the case for Qasr and for wiping over one’s socks, but it is best to delay it (Ta’khir)". Delaying the first to the time of the second (Jama Ta’khir) is preferable also according to Imam Malik, as it has been established through the Hadith of Anas, however, if they are combined within the timing of the first (Jama’ Taqdim) this is also permitted. Al-Hafidz Ibn Hajr says: "This is as if the Prophet (s.A.w.) did so in order to show that there is nothing wrong to do Jama’. And this is what normally happens as was shown by the Hadith of Anas." Concerning offering the two combined prayers right after each other, Ibn Taimiyah writes: "The correct opinion is that it is not a necessary Shar’t (condition) to do so under any circumstance, either during the time of the first Solah or during the time of the latter Solah. This is not specified in the Shara’ and doing so would defeat the purpose of the Rukhsah (i.e., permission to combine the two prayers)." Ash-Shafi'i says: "It is quite permissible for a person to pray Maghrib in his house with the intention of combining the prayers and then go to the mosque to pray the 'Isha." This is also related from Ahmad: "The Prophet (s.A.w.) and his companions arrived in Mudzallifah and they prayed Maghrib, and then they were tending their camels and right afterwards, the Prophet (s.A.w.) prayed Isha’". As-Shaukani says: "The word ‘then they were tending their camels’ indicates one is allowed to separate in between the 2 Solah which are combined and it is not a necessary to do so right after each other." 2. The permissibility of Jama’ as a resident (Mukim): It is allowed to combine the prayers while not travelling if one has a valid excuse. Imam Malik and the majority (Jumhur) of the Fuqaha do not permit the Jama’ within a settlement without an excuse. Ibn Abbas reported: "The Prophet (s.A.w.) observed the Dhuhor and ‘Asr together, and the Maghrib and ‘Isha together without being afraid or in a state of journey." Abu Salamah ibn Abdur Rahman said: "It is a Sunnah to combine the Maghrib and ‘Isha prayers when it is raining." Bukhari also recorded a similar statement. Ibn Abbas reported: "The Prophet (s.A.w.) observed the Dhuhor and ‘Asr prayers together in Madinah without being in a state of danger of rainfall." Then Ibn Abbas was asked: "What prompted him to do this? He said: "He wanted that his Ummah should not be put to unnecessary hardship." As-Shaukani says; "These Ahadith are used as evidences that one is allowed to combine prayers while not travelling as long as it does not become a habit. And the opinion of the majority of Fuqaha (Jumhur) is that they do not allow to combine the prayers without an excuse." An-Nawawi in Sharah al-Muslim says: "Jumhur (majority) of the Fuqaha are of the opinion that it is allowed for a resident to combine prayers due to some pressing need" This is also the conclusion of Ibn Seerin, al-Khattabi, as-Shafi’i, Ibn al-Mundhir, companions of Malik and from a number of ahl-Hadith. In a recent Fiqh Majlis, preceded by Shaiykh Mustafa az-Zarqa, Shaiykh Abdul Fattah Abu Ghudda, Shaiykh Yusuf al-Qaradawi, Shaiykh Ujail an-Nashawi, Shaiykh Faisal Mawlawi, Shaiykh ad-Darsh and other scholars of our time has made this statement: "It is allowed to combine Dhuhor and Asr', Maghrib and 'Isha in the time of early or later prayer where there is a need for that, whether a student or a worker, visiting or resident in the non-Muslim country if it is not easy to perform each prayer in its stipulated time. This is so in the Sahih Ahadith reported by Ibn Abbas and the reason he gave i.e. The Prophet (s.A.w.) did not wish to make it difficult for his Ummah. If there is no need for combining, prayer must be offered in its proper time. It should not be a habit. It is a licence. If there is the circumstance for it, it is to be availed of, if not it should not be used. As Ibn Taimiyah reported of Umar: "Combining the 2 prayers without an excuse is a major sin." Yusuf al-Qaradawi says: "When arises such times when it is very difficult to perform the prayers at its proper time, then on those occasion, there is the permissibility to combine the prayers instead, as long as it does not become a normal practise such as doing it for every 2 or 3 days or whenever one wishes to attend a party (Waleemah) or a an invitation that lasts for hours. Combining the prayers as a resident is a rare event and it only occurs at one time or the other, and the aim of this Jama’ is to avoid genuine difficulties faced by the Ummah." He warns Muslims not to misuse the Jama’ in activities such as banquets (Waleemah) or gatherings (Majlis): "In the context of attending an invitation, it is not a necessity or a pressing need to give an excuse to perform the Jama’, when he finds the time and opportunity to pray. Men or women should not be embarrassed to perform their Solah during such programmes anywhere. In fact it is an obligation for them to show an example and to lead others in the prayer. This is because Solah is part of an important Shi’ar (Signs) of Allah, which should be shown to others and glorified by the Muslims. "That is how it is. And whosoever honours the Symbols of Allah (Shi’ar), then it is truly from the piety of the heart." (22:32) What is really sad, is that most gatherings done in the Muslim world ignores the time for prayers especially in the time of Maghrib without considering the Rights of Allah and those who are conscious of their prayer. Even though there are those who take care not to miss their prayers, establish their prayers on their own when the time for the prayer commences, still those who are held responsible organising such events, will have a harsh account in the grave." And Allah knows best. "Let one listen and witness the praise of Allah and His good favour towards us. Our Lord accompany us and show us favour. We seek refuge in Allah from the Hell-Fire." The last of our prayers is: "Glory to your Lord, the Lord of Honour & Power! He is better from what they ascribe to Him! Peace be upon the Messengers! Praise be to Allah, the Lord of the worlds." (37:180-182) Muhammad Afifi, Belfast. |
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