Ar Risala - Excerpts On Prayer, Shaykh Ibn Abi Zayd al-Qayrawani Options

[Hamoudeh]

Ar-Risala - 'Abdullah ibn Abi Zayd al-Qayrawani

(310/922 - 386/996)

A Treatise on Maliki Fiqh

(Including commentary from ath-Thamr ad-Dani by al-Azhari)

Translated by Aisha Bewley

Abu Muhammad Abdullah, a Maliki faqih known as "Shaykh al-Faqih" and "little Malik". He was the head of the Maliki school in Qayrawan. He wrote ar-Risala and an-Nawadir and several other books.

The translation here is not intended to be the final version, but it is hoped that it will be of some use to those looking for texts on Maliki fiqh.

Edit Hamoudeh: excerpted from this book in this thread are matters relevant to prayer only. The excerpts are extensive when they are relevant to prayer directly and only in brief when they are relevant to matters related to prayer. Titles of chapters may have been modified and chapters may be excluded or incomplete because of this. The full version is available online at Aisha Bewley's Website.

Ar- Risala - 'Abdullah ibn Abi Zayd al-Qayrawani

00. Prologue
02. Necessity of Wudu' and Ghusl
03. Purity of Water, Place and Clothing
04. Wudu'
05. Ghusl
06. Tayammum
07. Wiping over Leather Socks
08. Times of the Prayer
09. The Adhan
10. How to Perform the Prayer-01
10. How to Perform the Prayer-02
11. The Imam
12. On Various Aspects of the Prayer-01
12. On Various Aspects of the Prayer-02
13. The Sajdas of the Qur'an
14. The Travel Prayer
15. The Jumu'a Prayer
16. The Fear Prayer
17. The 'Id Prayers
18. The Eclipse Prayer
19. The Rain Prayer
21. The Funeral Prayer
40. General Chapter on the Legal Status of Various Practices (Prayer)

This post has been edited by Hamoudeh: Feb 5 2005, 08:10 PM

[Hamoudeh]

In the name of Allah, the Merciful, the Compassionate.

May Allah bless our Master Muhammad and his family and Companions and give him peace.

Abu Muhammad 'Abdullah ibn Abi Zayd al-Qayrawani, may Allah be pleased with him and make him pleased, says:

Ibn Abi's Zayd's Prologue

Praise be to Allah who begins the creation of man as a blessing from Him and fashions him in the womb by His wisdom and brings him out into His tender care and to the provision He eases him to and teaches him what he did not know - "Allah's bounty upon him is ever great."

Allah makes him aware of Himself through the signs in what He has made and has left no excuse for him by virtue of what His Messengers, the best of His creation, have brought. He guides in His generosity, those whom He has granted success and He leads astray, in His justice, those for whom He has decreed debasement. He eases the believers to ease in both the worlds and opens their hearts to the Reminder. So they believe in Allah, pronouncing this belief with their tongues, being sincere about it in their hearts and acting according to what has come down to them through His Messengers and His Books. They learn what He teaches them and keep within the limits He has prescribed for them. They are happy with what He has made halal for them and avoid what He has made haram for them.

May Allah assist both us and you in taking care of what He has entrusted us with and in holding to His Shari'a. You have asked me to write a short treatise for you about what is obligatory in the dأƒآ®n - those things which should be pronounced by the tongue and believed by the heart and done by the limbs; and about those sunnas which are associated with these obligatory actions - the confirmed (mu'akkada), the optional (nafila) and the desirable (raghiba); something about the courtesies (adab) associated with them; along with certain of the key principles and derived judgements in jurisprudence (fiqh) according to the madh-hab and way of Imam Malik ibn Anas, may Allah have mercy on him; and in addition to mention what the great men of knowledge and fiqh have said about unclear matters in the madh-hab in order to make them easier to understand.

You have made this request because of your desire to teach these things to children in the same way that you teach them how to read the Qur'an so that they may first of all gain an understanding of the deen of Allah and His Shari'a in their hearts, which will hopefully bring them blessing and a good end result.

I have responded to this out of the same hope of gaining for both myself and you something of the reward of those who teach the deen of Allah or call to it.

Know that the best of hearts is the one which contains the most good and those hearts which are most likely to gain good are the ones which no evil has been able to get into. The thing that the people of advice are most concerned about and which those who desire its reward most want is to put good into the hearts of the children of the believers so that it becomes firmly established in them; and to make them realise what the bases of the deen and the limits of the ShariÔa are in order that they may be satisfied with that and to make them realise those things in the dأƒآ®n which their hearts have to accept and their limbs are required to do.

It is related that teaching the Book of Allah to young children extinguishes the anger of Allah and also that teaching something to someone in their childhood is like engraving it on stone.

I have made these things clear and if Allah wills they will get benefit from learning them, nobility from knowing them and happiness from believing them and acting according to them.

It has come down to us that children should be ordered to do the prayer at seven years old and beaten for not doing it at ten years old and be separated in their beds. Similarly, they should be taught before they reach puberty those words and actions which Allah has made obligatory for people so that when they reach puberty these things are fixed in their hearts and they are at ease with them and their limbs are used to doing them. For Allah has made certain beliefs obligatory for the heart and certain acts of obedience obligatory for the limbs.

I will arrange what I have undertaken to talk about in chapters so that it will be easier, if Allah wills, for those who are studying it to understand. It is Him we ask for guidance and Him we ask for help. And there is no power nor strength except by Allah, the High, the Mighty. May Allah bless our Master Muhammad, His Prophet, and his family and Companions and grant them much peace.

[Hamoudeh]

Chapter Two: Necessity of Wudu' and Ghusl

[This chapter deals with those things which render necessary wudu' and ghusl.]

Wudu' designates the action and wadu' designates the water. Lingusistically it means cleaniness and excellence, and in the Shari'a it means to purify certain parts of the body with water to make them clean and to remove the judgement of 'minor impurity" (hadath) from them to permit acts of worship which are forbidden by lack of purity.

Qadi Ibn al-'Arabi says that there is known dispute about whether ghasl means the action and ghusl the water. However, in adh-Dhakira, ghusl designates the action and ghasl the water. This is the most common position.

The obligation of Wudu' and Ghusl

[Evidence for the obligatory nature of wudu' and ghusl is found in the Qur'an and Sunna and consensus. The Almighty says, "O you who believe! When you you get up intending to do the prayer, wash your faces" (5:6) and "Do not approach the prayer when you are drunk until you know what you are saying, nor in a state of major impurity - unless you are travelling - until you have washed yourselves completely." (4:43) The Messenger of Allah said, "Allah does not accept the prayer of anyone in a state of impurity until he does wudu'." There is no disagreement between the Imams that it is obligatory.]

This post has been edited by Hamoudeh: Feb 5 2005, 03:54 PM

[Hamoudeh]

Chapter Three: Purity of Water, Place and Clothing

This chapter clarifies the condition of purity of water, the precondition of purity of clothing, the precondition of the purity of the place and what clothes are permitted in the prayer.

3.1 Purity of Water

3.1a. Obligation of purity

When you do the prayer you are talking to your Lord. You must therefore prepare yourself for this by doing wudu' or ghusl if a ghusl is necessary.

[Purity in the Shari'a is a legal state which becomes obligatory in order to make the prayer permissible. The one who prays speaks intimately with his Lord. According to the hadith which Malik relates in the Muwatta, he must prepare for the pratyer. The text of the Muwatta' is that the Messenger of Allah came out to his Companions while they were praying and their voices were raised in the recitation. He said, "When you pray, you are speaking confidentially to your Lord. So look to what you confide to Him, and do not say the Qur'an outloud so that others hear it." He must prepare for that conversation by having an attentive heart and humility, and must stand with respect before Him, seeking His protection. When he lacks that, he does not speak to Him and the term "conversation" is not valid for him. Nonetheless, it is true that he prays and must adopt the means for that by being pure of minor and major impurities.]

3.3 Purity of the Place and Clothing

3.3a Purity of Place

It is obligatory for the place where you are going to do the prayer to be pure.

[The purity of the place where the limbs of the one praying will touch is obligatory for the sake of the prayer, i.e. its purity for the sake of the prayer. Purity for other things, like dhikr is recommended.]

3.3b. Purity of Clothing

Your clothing must also be pure. It is said by some that the nature of the obligation referred to here is that of an absolute obligation (fard) and by others that it has the obligation of a confirmed sunna (sunna ma'akkada).

[ The purity of the garment of the one praying is obligatory provided it is remembered and he has the ability to achieve that. If someone intentionally prays in an impure garment when he is able to remove it, he must always repeat that prayer. If he prays in such a state out of forgetfulness or is unable is remove it, he repeats it if it is still within the time of the prayer. The time of Dhuhr extends until the yellowing of the sky, and Maghrib and 'Isha' extend through the entire night. It is said that it is sunna to remove the impurity, and both positions are known and acceptable. Based on the position that it is sunna, it is repeated at the time absolutely, whether that was intentional, or he was able to remove it, or out of forgetfulness or ignorance.]

3.3c. Places where it is forbidden to pray:

You should not do the prayer in the following places:

3.3c1. Camel places
in places where camels congregrate,

[It is disliked to pray in places where camels are kept when they come from water, even if it is safe from impurity and even if something pure is spread out and is prayed on it because the Prophet did not say that the reason was impurity so that it would be negated if it was negated.]

3.3c2. The Middle of the Road
or in the middle of the road,

[It is disliked to pray in the middle of the road where you are unsure whether the ordure of animals and urine will get on you. If you do pray there, it is recommended that you repeat it within the time. When someone prays there because the Masjid is too crowded or he spreads something pure and prays on it or he is certain that it is pure, then there is no dislike.]

3.3c3. On top of the Ka'ba
or on top of the Ka'ba,

[It is prohibited to pray on top on the Ka'ba, based on the fact that it is necessary to face its building. The one who is above it cannot face the building. So if he prays an obligatory prayer on top of it, he must always repeat it because what is important is to face it.]

3.3c4. Public Baths
or in public baths, a place which you are not certain whether it is pure or not,

[It is disliked to pray in the baths. The reason for the dislike is the likelihood of impurity. If he is certain of its purity, then the dislike is negated and the prayer is permitted.]

3.3c5. Rubbish Dumps
or on a rubbish heap

[It is disliked to pray at a place where rubbish is thrown since one is not safe from impurity. If he is safe from impurity, then it is not disliked.]

3.3c6. Slaughterhouses
or in a slaughter house,

[It is disliked to pray in a place where animals are slaughtered if he is not safe from impurity. Otherwise, it is not disliked.]

3.3c7. Graveyards
or in the graveyards

[When the graveyard is a Muslim one, and there are no distinterred parts of the dead in the place of prayer, then it is permitted to pray there. If there are any parts of those buried in the place of prayer, then the judgement of the prayer there depends on the disagreement about and whether the human being becomes impure by death or not. If the dead person is not impure, and the person prays there deliberately, then it is disliked to pray there since there is uncertainty or certainty that there are parts of the dead person which would involve humiliation or walking on the grave. As for the prayer, it is not disliked in itself.

Ibn Habib disliked praying in the graveyards of the unbelievers because they are pits of the Fire, but if someone prays in them and is safe from impurity, his prayer is not invalid, even if he is not actually safe from praying on impurity.]

3.3c8. Non-Muslim places of worship
and places of worship of non-Muslims.

[This designates churches, synagogues and fire temples of the Magians. Imam Malik disliked praying in them because of impurity from their feet, i.e. that is the custom in them. The dislike is inasmuch as he prays in it by choice, not when is compelled to that. Otherwise there is no dislike. There is no difference between the ruined or inhabited place.]

3.3d. Minimum Clothing in the Prayer for a man

The least clothing a man can do the prayer in is something which covers his 'awra (everything between his navel and his knees) such as a long shirt or a piece of cloth he can wrap round him.

[ This minimum of what does not involve sin and is adequate for what is desired of the one who prays is a garment is that which covers the private parts, be it a long shirt, cloak or trousers. A precondition for the cloak is that it is thick and not thin or transparent, i.e the private parts should not be outlined or encompassed. If it is like that, it is disliked as long as the definition is not due to wind. Otherwise not. If it is transparent, then sometimes the private parts might appear through it without thinking about and then the prayer would be invalid. Sometimes it only appears by thinking about it, and it is judgement is like the person whose is doing something disliked and the prayer is valid.]

3.3e. Uncovered shoulders

However, it is disliked to do the prayer wearing something that does not cover the shoulders, but if this does happen the prayer need not be repeated.

[ It is disliked for a man to pray in a garment which leaves his shoulders completely uncovered when something else is available. If he prays and his shoulder-blades show when he is able to cover them, he does not have to repeat the prayer either in the time or after it.]

3.4. Women's Dress and Prostration

3.4a. A Woman's minimum dress
The least clothing a woman can do the prayer in is a thick full-length garment covering her whole body including the top of the feet and something covering her head.

[The minimum of adequate clothing for a free adult women in the prayer consists of two things: one is a thick or ample full-length garment which does not define the figure nor is transparent. This is either hasif, which means thick, or khasif, which a full complete covering which covers the top of the feet. It also means what does not define figure nor is transparent because what he means by the minimum is that the prayer is that with which the prayer does not have to repeated in the time or outside of it.

The second item is a head-covering which covers her hair and her neck. Part of its precondition is that it is thick. In short, the fiqh is it is obliged for a woman to cover all her body in the prayer, even the soles of her feet based on the statement of Malik, "It is not permitted for a woman to show anything in the pryer except her face and palms."]

3.4b. A woman's prostration
A woman should touch the ground with the palms of her hands in sujud just as a man does.

[The woman touches the earth with her palms in prostration. It is mentioned here here because it might be imagined from his words about covering the top and soles of her feet that she covers her palms because each of them are part of the person who prays who is obliged to cover the entire body. Therefore this idea which is mentioned here must be eliminated.]

This post has been edited by Hamoudeh: Feb 5 2005, 03:55 PM

[Hamoudeh]

Chapter 4: Wudu'

4.7 The reward for performing wudu'

The Messenger of Allah, may Allah bless him and grant him peace, said, "Anyone who does wudu' and does it well and then raises his eyes to the sky and says, 'I bear witness that there is no god but Allah alone, without any partner and I bear witness that Muhammad is His slave and Messenger,' will have the eight gates of the Garden opened for him and he can enter by any of them he chooses."

47a. What to say afterwards

Some of the 'ulama' recommend saying when you finish wudu', "O Allah, make me one of those who turn back to You and make me one of those who purify themselves."

ALLAHUMMA IJA'ALNI MINA'T-TAWWABIN WA'JA'ALNI MINA'L-MUTATAHHIRIN)

[Ibn Habib says that it is recommended to say this. The 'tawwabin' are those who have committed wrong actions and then repented and purified themselves of the wrong actions. ]

4.8 Purpose of Wudu'

4.8a. Aim

You must do wudu' realising that you are doing it for Allah as He has ordered you to do, hoping that it will be accepted and that you will get the reward for it and that it will purify you of your wrong actions.

[ Scholars say that the shaykh did not speak about the intention (niyya) for wudu' because he did not say that he makes the intention to perform wudu' which is an obligation by agreement with Ibn Rushd because he did not recall any disagreement about its being obligatory for wudu'. That is why the agreement is related about its being obligatory and in the soundest position with Ibn al-Hajib. Opposite it there is a text on wudu' from Malik about it not being obligatory. Then they disagree about whether it can be deduced from his words or not. Some say that he does not speak about intention in the Risala at all and some of that say that it is deduced from his words "he must", meaning the person doing wudu' must be doing wudu' sincerely for Allah, not for showing off or reputation. That is because sincerity is commanded in the words of the Almighty, "They were only commanded to worship Allah making the deen sincerely His." Sincerity is that a person intend the Worshipped by the act of worship without actual articulation. The focus of the intention is the heart. Part of its precondition is that it accompany the first obligation in wudu', which is washing the face. If it precedes it by a lot, then it is agreed that it is not permissible. There are two accepted positions about it preceding by a little. The best known is that it is allowed. They agreed that if he makes the intention after washing the face, then it is not adequate. The basis for the intention is that it accompany it. If it happens that he overlooks it, he is forgiven.

When wudu' is done sincerely with the intention of obeying Allah's command and secure in himself that the action is done freely, he should hope that it will be accepted and he will be purified of wrong actions absed on what is in Muslim where the Prophet said, "When a Muslim (or a believer) does wudu' and washes his face, then every wrong action at which his eye looked leaves from his face with the water - or with the last drop of waterÉ"

4.8b. Wudu' as preparation

You should feel in yourself that it is a preparation and a cleansing for speaking to your Lord and standing in front of Him to carry out the acts He has made obligatory on you with humility in your bowing and prostration.

[ He should know that wudu' is a preparation and a cleansing from wrong actions and dirt. When the legally responsible person wants to perform wudu', he does it sincerely for Allah Almighty desiring that Allah will accept it because he is purifying himself and this is in order to prepare to converse with his Lord. Conversing with the Lord demands sincerity of heart and devotion of inner consciousness to His remembrance. It is also in order to perform the obligation Allah has imposed on him. Bowing and prostration are specifically mentioned as well as humility in other actions because total humility is meant and because the closest a slave is to his Lord is when he is in prostration.]

4.8c. Having Certainty

You should do wudu' with a certainty of this, taking good care to do it properly for no action is complete without the right intention behind it.

[ You should be aware that wudu' is preparation for intimate conversation with your Lord to order to make reverence and esteem firm in your heart. That will result in doing wudu' with due humility to your Master. This reverence and esteem will result in doing wudu' in a manner which is mindful of avoiding imperfections and whisperings. Actions are only according to intentions. It is enough that the Prophet said, "Every man has what he intends."]

This post has been edited by Hamoudeh: Feb 5 2005, 03:56 PM

[Hamoudeh]

Chapter Five: Ghusl

Evidence for it and its preconditions were already mentioned in the chapter on wudu'. The description of ghusl contains obligations, sunnas and meritorious elements. The author did not clarify which are the obligations and so we will make that clear.

There are five obligations:

1-Covering the entire body with water;
2-the intention;
3-lack of interruption;
4-rubbing; and
5-making water penetrate the hair, whether it is thick or there are thick plaits.

There are five sunnas of ghusl:

1-washing the hands to the wrists first:
2-rinsing the mouth;
3-sniffing water up the nose;
4-blowing water out the nose;
5-and wiping the earholes. He wipes whatever he can wash of them. The description of the washing is to take water in the hands and tilting his head so the water can reach the inside of his ears. He does not pour water into his ears because that would entail harm.

Its meritorious parts are seven:

1-the basmala;
2-beginning by removing filth from the body;
3-washing all the limbs of wudu' before the bath;
4-beginning with the upper body before the lower;
5-beginning with the right side before the left;
6-doing the head three times;
7-and using a small amount of water while doing ghusl completely.

There are five disliked things:

1-reversing the order of the actions;
2-pouring a lot of water;
3-repeating the washing after having done it fully;
4-doing ghusl in the lavatory or in a filthy place; and
5-to purify oneself while showing the private parts.

Ghusl is washing which covers the entire surface of the body accompanied with rubbing because the reality of ghusl consists of both.

[Hamoudeh]

Chapter Six: Tayammum

6.1 When it is done

[If you cannot find water, then you must do tayyamum, which is recommended. Linguistically tayammum means aiming for something. The Almighty says, "Do not have recourse to bad things," (2:267) i.e. aim for them. In the Shari'a it is a legal act of worship by which the prayer becomes allowed. This means that the Shari'a has judged it. This exists in wudu' and ghusl. By it the prayer is permitted when wudu' and ghusl are excluded because tayammum is only to make lawful. Wudu' and ghusl are done in order to remove impurity. It is obligatory by the Book, Sunna and consensus. The Almighty says, "If you cannot find any water, then do tayammum with pure earth," (4:43) and in Muslim the Prophet said, "We were preferred over people by three things: our rows were made like the rows of the angels, the entire earth was made a Masjid for us and its earth is purification if we do not find water." The consensus is that tayammum is obligatory when water is lacking or the ability to use it lacking it.]

This post has been edited by Hamoudeh: Feb 5 2005, 04:06 PM

[Hamoudeh]

Chapter Seven: Wiping Over Leather Socks

This chapter is about the judgement regarding wiping over leather socks, the lack of a defined period of time in for doing that, what invalidates it, some of its preconditions, its description and what makes wiping forbidden.

7.1. Its Judgement

You can wipe over leather socks

[It is an allowance to wipe which is understood from the context or from wiping because there must be a wiper, man or women.

It is permitted to wipe over leather socks. It is a dispensation, but washing is better than it. The permission applies to what is understood by leather socks. They resemble galouches, which are thick socks with no legs, and they resemble socks which have the form of leather socks, but are made from cotton and covered with leather. The basis for its legality is that the Prophet did it.]

[Hamoudeh]

Chapter Eight: Times of the Prayers and Their Names

[This chapter deals with the recognition of the times of prayer. It is an individual obligaiton for every legally responsible person to know their times if he can do that. If he cannot do that, as when someone is blind, he follows someone else. The "time" designates the amount of time allotted for an act of worship in the Shari'a. It is either the time of performing it or the time of making it up. The time of performing is either the optional (ikhtiyari) time, meaning the time in which a legally responsible person can choose when to perform the prayer at any part of it, or it imperative (daruri) time.

The optional can be either the time of excellence or the time of leeway. As regards the prayer, what is meant by it in the usage of the people of the Shari'a it a body of rak'ats and prostrations, which are transmitted from the supplication (which is the linguistic meaning) since it contains the Fatiha which contains the supplication, which is "Guide us" other suras than the Fatiha, and it is that whose obligation is known from the Deen as necessity. The one who denies it is an apostate and is asked to repent. If he repents, he is alright. Otherwise he is killed. It is like that with the one who denies the rest of the pillars of Islam which are: the shahada, zakat, fasting and hajj.]

Its preconditions. There are five preconditions for its being obligatory: are:

1-Islam,
2-Adulthood
3-Sanity
4-Lack of bleeding from menstruation and lochia, and
5-The arrival of the time of the prayer.

[ 'Iyad adds hearing the call to prayer.]

It is one of the greatest acts of worship because it was prescribed in Heaven during the Night Journey. That was in Makka a year before the Hijra as opposed to the rest of the laws. They were prescribed on earth. There is disagreement about how it was obliged. 'A'isha said that they were prescribed as two rak'ats at home and in the journey and then it was confirmed in the journey and increased to four when someone is resident. It is said that four rak'ats were obliged except for Maghrib, which was three and Subh, which was two. Then in the journey they were shortened to two rak'ats. As for knowing the names of the prayers, that is also obligatory because it is by their names that there is distinction and specification because if the prayer is not specified, then the prayer is invalid.]

8.1. Subh

8.1a. Its name

According to the people of Madina the middle prayer is the early morning prayer, namely the dawn prayer.

[It is evident that a multiplicity names is indicative of the honour of the named. There are four names given to this prayer: as-Subh, al-Wusta (the middle), al-Fajr and al-Ghada. Subh is derived from sabah, which is whiteness since it becomes obligatory at this time. Fajr is derived from infijar (bursting forth) since it is obliged when dawn breaks from the darkness of the night.]

8.1b. The Beginning of its time

The beginning of the time for this prayer is when dawn breaks and the light spreads out in the extreme east, going from the qibla to behind the qibla, [1] until it rises up and fills the whole horizon.

[ The beginning of its ikhtiyari time is when dawn breaks and the light of dawn which comes from the light of the sun spreads out. It is It sometimes rises from the extreme east and sometimes elsewhere and follows it. The place of its breaking is the place where the sun rises. This excludes the false dawn which is the whiteness like the tail of a wolf, which thins and does not spread. It has no jurisdiction.

The light of dawn continues until it fills up the entire horizon. Ibn 'Umar thought this was unclear and said that the author said that the light is in the extreme east and so it is clear that it rises in the extreme east. "Going from the qibla to behind the qibla" means that it rises from the qibla. It might give rise to the idea that the qibla has a behind, but it is not like that. Al-Ujhuri replies that the qibla and the east are the same. It is what is opposite the west. "Behind" means the middle. When the qibla is hidden from him, he faces the east and puts the west behind him. Then he is facing it because his deviation from the qibla is slight.

[1. This must necessarily refer to North Africa, where the author lived. The commentators are not sure of the exact meaning of this phrase.]

8.1c. The end of the time

The end of the time is when the light has got very bright so that someone ending the prayer says the salam just as the edge of the sun appears over the horizon.

[ The end of the time of Subh. This is derived from that fact the end of the ikhtiyari time for Subh is sunrise, and it is the well-known position of Malik. Ibn 'Abdu'l-Barr said that it is that on which the people act. 'Iyad attributes it to all the scholars and Imams of fatwa. On that basis there is no daruri time for Subh. In the Mudawwana, which is approved, and on whose basis the author of the Mukhtasar proceeds, the ikhtiyari time is from the rising of true dawn until the upper brightening, and the end is when the upper brightening leaves and it is that time in which faces can be seen in a place without a roof or covering by someone with average sight. Then the daruri time of Subh is from the beginning of the upper brightening to the first part of sunrise.]

8.1d. Its scope

Any time between these two points is acceptable but the beginning of the time is the best.

[It is established that the time of the Subh prayer is the breaking of dawn and the end ot the time is the clear brightening. The prayer can occur in any of that time if he is not excessive because the beginning and end of time subject to choice are equal unless it is negated by a constriction. However if he thinks that he will die before he does it if he does not occupy himself with it, then there is agreement that he rebels by leaving it because the wide time then becomes constricted in respect of him, i.e. whoever thinks that he will die during the time must pray early in that time. If he does not pray in that time in which he must pray, he sins whether he dies or not. In this respect, other impediments to prayer which occur are the same as death, like menstruation. If a woman delays and the impediment occurs, she does not make it because the lack of making up does not negate the wrong action.

Then it is affirmed that the ikhtiyari time is all the same unless it is negated by a constriction, but you should know that they vary in excellence. The early part is absolutely better, whether in summer or winter, individually or in a group. It is like that according to Malik and most of the schools in order to obtain the virtue of the time. The basis in this is that it is sound that the Prophet used to pray Subh when it was still dark as did the Rashidun khalifs.]

8.2 Dhuhr

8.2a The time of dhuhr

The time of dhuhr is from when the sun has passed the zenith, and that is when the shadows start to get longer.

[The beginning of the time where there is choice is when the sun begins to decline and has passed the zenith. Then the shadows begin to increase as the sun moves. It is known was "zawal": that comes from the fact that when a stick it set upright, it is that point between the increase and decrease of the shadow. and so it not simply the shadow cast, but has to do with its increase.]

8.2b. Delaying Dhuhr

It is recommended to delay the prayer in summer until the shadow of an object reaches a quarter of the length of that object added to the length of its shadow at noon.

[ Al-Fakhani says that it is delayed in the summer rather than the winter, in a group or individually. Ibn Naji said, "His words 'in the summer' are not understoof. It can be like that in the winter." Delay is recommended until the time mentioned about the shadow. The shadow is not measured from its root, but from the shadow after noon. However that is an unusual linguistic usage. The well-known usage is that the shadow (dhill) is until midday comes and the shadow is after it is called fay'.]

8.2c. In Masjids

It is also said that this practice is only recommended as far as Masjids are concerned so that more people can catch the prayer, and that it is better for a man praying by himself to do the prayer at the beginning of the time.

[ This delaying is said to be only about Masjid, so that people can join in the prayer. As for someone on his own, it is better to pray at the beginning of the time because there is no benefit in delaying it.]

8.2d. In intense heat

It is also said that it is better to delay the prayer until it is a little cooler when the heat is fierce even if you are praying by yourself since the Prophet, may Allah bless him and grant him peace, said, "Delay the prayer until it gets a little cooler because the fierceness of the heat is from the flames of Jahannam."

[ This is when the intensity of heat abates. So there are three positions about waiting for the cooling in the case of Dhuhr. Either it is absolutely recommended to delay it for individual and the group, or the recommendation is confined to Masjid for the group, and the third is to make a distinction between strong heat and other times, and so it is recommended in the case of intense heat for both the group and the individual.

The expression in the Muwatta' is that the Messenger of Allah said, "When the heat is fierce, then delay the prayer until it gets cooler, for scorching heat is from the blast of Jahannam." It means to wait for some shade and to the intensity of the heat to abate. The hadith about hastening the prayer is abrogated by this hadith. It is that the Messenger of Allah prayed Dhuhr at midday at the time of intense heat.]

8.2e. The end of the time
The end of the time of Dhuhr is when the shadow of an object is the same length as that object in addition to the length of its shadow at noon.

[ This is the end of the ikhtiyari time for Dhuhr. The consideration of day here is from sunrise to sunset, as opposed to the day in fasting which begins when dawn breaks.]

8.3. 'Asr

8.3a. The beginning of 'Asr and end of Dhuhr
The beginning of the time of 'Asr is the end of the time of Dhuhr

[The beginning of the ikhtiyari time of 'Asr is the end of the ikhtiyari time of Dhuhr. On this basis, they share in the same time for the amount of four rak'ats or 'Asr shares with Dhuhr at the end of its time for the amount of four rak'ats. According to the first, if Dhuhr is delayed until the time of 'Asr begins and Dhuhr is done at the beginning of the time, he incurs no wrong action. According to this, if someone prays 'Asr at the end of the first length, it is invalid. According to the second, if he prays 'Asr while there still remains the time for four rak'ats of the time of Dhur at the beginning of the second length, he commits a wrong action since he does it before the time of the other has ended.]

8.3b. The end of the time of 'Asr
Its end is when the shadow of an object is twice the length of that object in addition to the length of its shadow at noon.

[ This is the end of the ikhtiyari time of 'Asr.]

8.3c. Another view
It is also said that if, standing upright facing the sun with your eyes looking straight ahead, you can see the sun, then the time of 'Asr has arrived. If you cannot see the sun the time has not yet begun. If the sun has descended right into your field of vision you are well into the time. According to Malik, may Allah have mercy on him, the time for 'Asr lasts until the sun begins to turn yellow.

[ Another view of the beginning of the time: this is with the head slightly bowed but not properly bowed (proper bowing is when the eyes are facing the ground.) Then if the sun comes into your line of sight, it is 'Asr. Some people deny that the author said this since its speaker is not known. The reply to him is that the arrival of the time is not known because this not apply at all times because the sun is high in the summer and low in the winter.

In defining the end of the ikhtiyari time of 'Asr from the transmission of Ibn al-Qasim, it is when the sun begins to turn yellow in the earth. The position of the school is that it is better to perform 'Asr in the beginning of the time.]

8.4. Maghrib

8.4a. The time of Maghrib
The time of Maghrib - also known as the prayer of the one who is resident, meaning that a traveller does not shorten it but prays it in the same way as someone who is resident - is at sunset.

[This is the ikhtiyari time. The Maghrib prayer has two names. This is because it occurs at sunset, and the other name is ash-Shahid, meaning resident. This is because the traveller prays it the same as the resident. Al-Fakhani said that its reason that Maghrib is called Shahid is because the traveller does not shorten it as is the case with Subh. 'Abdu'l-Wahhab reported that it is heard but it is not analogous because Subh is not so-named.]

8.4b. Its Time
When the sun has completely disappeared below the horizon, the prayer is due and it should not be delayed. This moment is the time for this prayer and it should not be delayed beyond it.

[ What is observed in that is the disappearance of its body and circular orb, not its traces and its rays. Ibn Bashir said that this applies to a location where there are no mountains. When there are mountains, he looks towards the east and when darkness appears, that is an indication of its setting. When it disappears and sets, i.e. we can no longer see it because of the intervening barrier between us and it, then its time has begun and the prayer is not delayed. Maghrib only has one ikhtiyari time. When it is delayed, it moves into its daruri time. The well-known position is that it is not extensive. Indeed the amount required for doing it after the preconditions of its time exist is narrow. It is permitted for the one who obtains its preconditions of purity, sutra, facing qibla, the adhan and iqama, to to delay doing it for the necessary time required to achieve its preconditions. It is also said that its time extends to to the disappearance of the red twilight. Al-Baji and many of the people of the School prefer it because of what is in the Muwatta' where he says, "When the redness has gone, then the 'Isha' prayer is due and you have left the time of Maghrib," and what is in Muslim of the words of the Prophet, "The time of Maghrib lasts as long as the red twilight has not gone."]

8.5. 'Isha'

8.5a. Its name
[The ikktiyari time for 'Atama or 'Isha', and Isha' is the recommended name for it because it was used in the Noble Book. A group of scholars, including Imam Malik, dislike calling it 'Atama . As for what is related in the Muwatta', the Musnad of Ahmad and the two Sahih collections from the hadith of Abu Hurayra, "If they had known what is in 'Atama and Subh, they would have come to them, even crawling" where it is called 'Atama, that clarifies that it is permitted and not unlawful to call it that, and there is no contradiction with ithe fact that it is disliked.]

8.5b. The time of 'Isha'
The time of the prayer of darkness or 'isha', the latter being the better name for it, is when the redness remaining in the sky from the remaining rays of the sun. When all yellowness and redness has gone, the time of 'isha' has arrived. No attention need be paid to any whiteness which may remain on the western horizon.

[ The time of 'Isha' is when the redness in the direction of the sunset has disappeared, not the entire west, as the author states. Note that he mentioned yellowness first, even though it is later than redness. However, in Arabic the waw (and) does not demand sequence.

The comment about the whiteness is in reference to the statement of Abu Hanifa that the "shafq" (twilight) is the whiteness. Our evidence is what ad-Daraqutni related that the Prophet said, "The twilight is the redness. When the twilight departs, then the prayer is obligatory." This is the beginning of the ikhtiyari time.

8.5c. The end of its time
The time for 'Isha' extends from this time until a third of the night has passed for those who want to delay doing it because of working or some other good reason.

[ It ends with the first third according to the well-known position. Ibn Habib said that it extends to the middle of the night. It can be delayed for someone with an excuse, like work, and it should only be delayed from its early time by those with excuses. Other people, even if they are alone, should hasten to perform the 'Isha' prayer at the beginning of it its time. This is recommended.]

8.5d. Delaying in the Masjids
It is better to do it as early as possible although there is no harm in delaying it a little in Masjids to allow time for people to gather.

[ "There is no harm" means it is recommended to delay the prayer in the Masjids to allow people to gather. The author's premise is weak, and it is preferred that it is always advanced to the beginning of the time.]

8.5e. After the prayer
Sleeping before doing 'Isha' is disliked and so is talking after it unless there is a good reason for it.

[Ibn 'Umar said, "It is disliked to talk after it more than it is disliked to sleep before it because the person might miss the virtues of the prayer of Subh in group or miss its time or miss rising for tahajjud and dhikru'llah in the night. An exception to that is discussing knowledge and acts of nearness to Allah. Exceptions to are is also the bridegroom, the guest and the traveller, i.e. someone who has arrived from a journey or is going on a journey, and whatever need demands like talking connected to someone's best interests, like buying and selling.]

8.6. Daruri Times

[The Shaykh spoke about the ikhtiyari time and not the daruri time. Subh was already mentioned. The daruri time of Dhuhr begins at the beginning of the second length and that of 'Asr begins with the yellowing and ends at sunset, although 'Asr is particular to four rak'ats before sunset. This time is daruri for it in particular so that if you pray Dhuhr in that time, it is making it up. It begins in Maghrib is when it can be finishing without negligence, i.e. follows finishing it. it. That of 'Isha' begins with second third of the night and ends when the dawn rises. The last of it is the amount of four rak'ats,as there is between Dhuhr and 'Asr.

These times are called daruri tmes because it is not permitted to delay the prayer until them except for the people of necessity (darura), and the people of necessity are woman in their states, the unbeliever, the apostate, the child, the mad person, the person who is unconscious, the sleeper and the one who forgets. So when the impediment is removed from any of those, he prays in the daruri time and incurs no wrong action. Anyone who prays in these times except those with an excuses are disobedient.]

This post has been edited by Hamoudeh: Feb 5 2005, 06:21 PM

[Hamoudeh]

Chapter Nine: The Adhan and the Iqama

Linguistically adhan means informing, whatever it is, and in the Shari'a it is informing people of the times of prayer with particular words.

9.1 The Adhan

9.1a. Its obligatory nature

It is obligatory to call the adhan in Masjids and wherever people meet regularly to do the prayer.

[The judgement of the adhan is that it is an obligation in the form of the sunan, i.e. it is a confirmed sunna, in the Masjids. It is clear from his words that there is no difference between the communal Masjid, i.e. that in which Jumu'a is held, and Masjids other than communal. There is also no difference between the Masjids being close together or whether there is one Masjid on top of another. It is also done is places where groups meet regularly to pray.

It is clear that it is done whether it is in Masjids or elsewhere since they seek to call others to the prayers. Every group seeks others. Even if it is not a regular prayer, then it is sunna for there to be an adhan. The irregular group differs from the irregular in that it is a group in a settled place where they do not wait for others in a place outside of a Masjid, and so the adhan is not sunna for them nor it is recommended. Indeed, it is disliked. However in a journey, the adhan is recommended. It is recommended for someone who is alone on a journey to do the adhan.

It is unlawful to do the adhan before the time has come, and it is disliked for the sunnas as it is disliked for missed prayers and in the daruri time and the general obligation. The evidence for the sunna nature of the adhan is his command and the perseverance of the people of the Deen on it in his time and after his time. This is the exact sunna.

9.1b. Someone who is alone

If you are alone it is good to do the adhan.

[It is recommended to do it, whether at home or on a journey. The well- known position is that this applies particularly to the traveller rather than the resident since it is true that Abu Sa'id heard the Messenger of Allah say, "When you are in your desert or among your sheep give the adhan. No man or jinn or anything within range hears the voice of the mu'adhdhan without bearing witness for him on the Day of Rising."]

9.1c. Status of Iqama

A man must must do the iqama,

[It is confirmed that the legally responsible person is obliged to do the iqama if he is a man. Ibn Kinana applies the words of the author to the obligation, saying that if someone omits it deliberately, his prayer is invalid. 'Abdu'l-Wahhab considers it sunna, i.e. the individual sunna for an adult who prays, even if it is a missed prayer or he is alone, or an imam of only women. and it is enough for a group prayer of only men or one in which there are women as well in respect of the Imam and men. The place of the sunna of the Iqama, if there is enough time. Otherwise it is omitted. The iqama is more confirmed than the adhan because it is connected to the prayer. If there is a gap between them, the iqama is invalid and must be said again."]

9.1d. Women and the Iqama

but for a woman it is only recommended and if she doesn't do it it does not matter.

[A woman commits no wrong action by omitting it.]

9.1e. When the Adhan is done

The adhan for a prayer should not be done before the time of that prayer

[The aim of prescribing the adhan is to announce the arrival of the time, to inform those legally responsible that the time has come so that they can fulfil the oblgiation imposed on them. Therefore it is done after the time has come. It is not permitted to give the adhan before the time for any of the five prayers, even Jumu'a, i.e. it is unlawful. Ibn Habib said that the adhan for Jumu'a is given before the zenith while it is only prayed after it.]

9.1f. The case of Subh

except in the case of Subh when there is no harm in calling the adhan in the last sixth of the night.

["No harm" means that it is recommended to give the adhan in the last two hours of the night before dawn and then to give it again when the time comes in order to follow the sunna. The first adhan is recommended and the second is sunna. Ibn Habib gives the adhan at half of the night. Abu Hanifa does not have an adhan before its time like the other prayers. We have what is in the Sahih that the Prophet said, "Bilal calls the adhan while it is still night, so eat and drink until Ibn Umm Maktum calls the adhan." Al-Bistami says that the exact position of the people of the school is that it is given in the last sixth."]

9.1g. Description

The adhan consists of the words:

Allahu akbar, Allahu akbar.

Ash-hadu an la ilaha illa'llah. Ash-hadu an la ilaha illa'llah.

Ash-hadu anna Muhammadan rasulullah. Ash-hadu anna Muhammadan rasulullah.

Then you repeat it in a louder voice than the first time, repeating the testimony. You say: Ash-hadu an la ilaha illa'llah. Ash-hadu an la ilaha illa'llah. Ash-hadu anna Muhammadan rasulullah. Ash-hadu anna Muhammadan rasulullah.

Hayya 'ala's-salah Hayya 'ala's-salah.

Hayya 'ala'l-falah. Hayya 'ala'l-falah.

[Hayya means come to quickly without haste that would cause you to lose tranquility and gravity. Haste is disliked then, even if he fears missing the group. Success is obtaining bliss in the Next World.]

9.1h. Subh

Then if you are calling the adhan for subh you add here: As-salatu khayrun min'n-nawm. As-salatu khayrun min'n-nawm. This is not said in the adhan for any other prayer. Allahu akbar. Allahu akbar. La ilaha illa'llah. The last phrase is only said once.

[Even if he is in a desert and there is no one else there. This is the expression and it means that waking up for the prayer is better than the rest obtained by sleep. They disagree about the one who commanded this sentence, i.e. "The prayer is better than sleep." It is said that it was the Messenger of Allah and it is said that it was 'Umar.]

9.2. The Iqama

The phrases in the iqama are said only once. It consists of:

Allahu akbar, Allahu akbar.

Ash-hadu an la ilaha illa'llah.

Ash-hadu anna Muhammadan rasulullah.

Hayya 'ala's-salati

Hayya 'ala'l-falahi.

Qad qamati's-salatu'llahu akbaru llahu akbar

la ilaha illa'llah.

[The expressions are said once except for the takbir. Making it single is the School. When it is made double by mistake, it is not allowed in the well-known position. So if error and forgetfulness do not suffice, it is more likely that the deliberate does not suffice either.]

This post has been edited by Hamoudeh: Feb 5 2005, 06:15 PM

[Hamoudeh]

Chapter Ten: The Fard, Sunna and Nafila Prayers-01

10.1. The Form of the Prayer

10.1a. The state of Ihram

Going into the state of ihram as far as the prayer is concerned is by saying Allahu akbar and no other expression is acceptable.

[ Is ihram the intention or the takbir or both while facing qibla? Al-Ajhurri prefers the later. According to the first, the idafa is their words "takbir al-Ihram" is the relation of the associate to its associate. According to the second, it is for clarification. According to the third, is part of the idafa of the part to the whole, i.e. the beginning of the attribute is ihram. It is to enter. This applies to all prayers, obligatory or supererogatory.]

10.1b. The Takbir

[It is to say, "Allahu akbar" with a natural extension for the amount of an alif (Allaah). If he fails to do that, then his ihram is not valid, as the one who mentions it only mentions it. No other expression is acceptable if he speaks good Arabic. If he does not speak good Arabic, then 'Abdu'l-Wahhab says that he enters the prayer by the intention except for the non-Arab. Abu'l-Faraj says he enters it in his own language, but this is weak, even if the prayer is not invalidated by analogy with the dislike of the supplication in non-Arabic by the one who can do it in Arabic. But what is relied on is the first statement. The author calls this sentence a "word" following grammatical usage.

[The takbir is obligatory for the Imam and the person playing alone by agreement, and in respect for the one following in the well-known position. It is related from Malik that the Imam bears the responsibility of the takbir al-ihram for the follower. If the Imam omits the takbir al-ihram, intentionally or by forgetfulness, then his prayer is invalid as is the prayer of those following. The evidence for its obligatory nature is found in the two Sahih collections where the Prophet said, "The key to the prayer is purification and its sanctification is the takbir and its ending is the taslim." Purification is general and includes wudu' and ghusl.

A precondition of the takbir is that it is done while standing, and it is agreed that it cannot be done before that. If that is omitted in the obligatory prayer, in that he says it sitting, or bending, or leaning on some support in such a manner that if it were removed, he would fall, then his prayer is invalid.

A preconditon of the takbir al-ihram is that be accompanied by the intention. If it comes after it, then it is agreed that it is not allowed. The same applies if it is a lot before it. There are two well-known positions about whether it can be a little before it. One says that it is allowed and the other is that it is not. The preferred one is that it is allowed since it is not transmitted from them that it is a precondition of the accompaniment. The meaning of the precondition that it accompany it according to the second position is that it is not permitted for there to be a gap between the intention and the takbir. It is not a precondition that the intention actually accompany the takbir.]

10.1c. Raising the Hands in the Takbir

At the same time your raise your hands level with your shoulders, or lower,

[When you say the takbir, it is recommended to raise your hands. Their backs are towards sky and palms to earth, level with the shoulders or a little lower, i.e. the top of the chest. This is for the man. As for the woman, it is a little less than that. Al-Qarafi related that consensus on that. There is disagreement about the judgement of this raising of the hands. Some believe that it is sunna and some that it is a meritorious act, which is what is accepted. The words of the author state that rising is particular to the takbir al-ihram. It is like that in the well-known position. It is also stated that he raises them in ruku' and in rising from two rak'ats.]

10.1d. Recitation

and then begin the recitation.

[The takbir is followed by the recitation without any division between them. Malik disliked for there to be glorification and supplication between the Takbir al-Ihram and the recitation. Some of them recommend separating them with the words, "Glory be to You, O Allah, and by Your praise. Blessed is Your name and exalted is Your majesty. There is no god but You."]

10.1e. How to do Subh

If you are doing Subh you recite the Fatiha outloud.

[The recitation of the Fatiha is obligatory in Subh and other obligatory prayers for the Imam and the one praying alone. There are two positions by Malik in the Mudawwana about whether it is in every rak'at or most. The sound one is that it is obligatory in every rak'at. Ibn al-Hajib said that. In general, it means one rak'at, even if it is Subh, Jumu'a or the travel prayer.

As for the one following an Imam, it is recommended for him in what the Imam says silently. As for recitation in what is done outloud, it is sunna.]

10.1f. Basmala
You do not say bismi'llahi-r-rahmani'r-rahim for the Fatiha nor for the sura which comes after it.

[When he recites in Subh or other obligatory prayers, he does not recite the basmala in it at all, not in the Fatiha nor in the sura after it, silently or aloud, whether Imam or following. The prohibition in the words designates dislike since it is true that 'Abdullah ibn Mughaffal said, "My father heard me saying, 'bismi'llahi-r- rahmani'r-rahim ' and he said, 'My son, beware of new things. Beware of doing something new which the Chosen one and his Companions did not do.' 'Abdullah ibn Mughaffal said, "I did not see a man among the Companions of the Messenger of Allah who more hated new things in Islam than him. He was the strongest of the Companions in hating the new. Part of the words of my father were, 'I prayed with the Prophet, Abu Bakr, 'Umar and 'Uthman, and I did not hear any of them say it. So do not say it when you recite. Rather begin with, "Praise belongs to Allah, Lord of the worlds," etc. When you recite in the voluntary prayers, then there is scope. If you wish, recite it. If you wish, do not recite it.'" He disliked seeking refuge ( saying, "I seek refuge with Allah") in the obligatory rather than the voluntary prayer.]

10.1g. Saying "Amen"

If you are by yourself or behind an imam you say ameen after the words, wala'd-daalleen, but you do not say it outloud. An Imam does not say ameen if he is reciting outloud but he does if the recitation is silent. There is, however, a difference of opinion about whether the imam should say ameen when the recitation is outloud.

[ It is recommended to say it. "Amen" means "Answer!" You do this whether you are praying alone in a silent or loud prayer or if you are praying behind an Imam in a silent or loud prayer when you heard him say "Wala'd-dalleen." You do not say it outloud, but silently, even if the prayer is outloud. In other words, it is disliked to say it outloud and recommended to say it silently.

It is disliked for the Imam to say it if the prayer is outloud, and it is agreed that he says it in the silent prayer. However, there is disagreement about the Imam saying it when the prayer is outloud.]

10.1h Reciting the sura

After that you recite ...

[After reciting the Fatiha, without any separation between them in the form of supplication or anything else. The judgement of the recitation of a whole sura after the Fatiha is that it is recommended and sunna. There must be more than the Fatiha, even if it one ayat or part of an ayat . The evidence for the sunna is being more that the Fatiha is that the prostration of forgetfulness or lack of it is based on reciting more than the Fatiha, not the sura. If he does more than the Fatiha, there is no prostration. Otherwise he prostrates.

It is deduced from his words, "a sura" that he does not recite two suras in the same rak'at. That is the best for the Imam and the one praying alone. There is no harm in someone following the Imam doing that.]

10.1i. What is recited in Subh

one of the larger suras from the mufassal. If the sura you recite is longer than that, that is good so long as it is not getting too light.

[ The sura which he recites in Subh should be one of the long mufassal, the first of which is al-Hujurat (49) according to the accepted position. There are other positions, saying from ash-Shura (42), or from al-Jathiyya (45), or from al-Fath (48) or from an-Najm (53), and extends to 'Abasa (80). The medium ones are from 'Abasa (80) to ad-Duha (93), and from ad-Duha (93) to the end. They are called mufassal because of the great number of divisions by the basmalas.

It is good if the sura which he recites in the first rak'at of Subh is longer than one of the long muffasal, in that you are near a sura which is one of the long mufassal, not that your recite al-Baqara (2) or its like. This length is in respect to the Imam of a limited number of people who are content with that or someone on his own who is strong enough for that. Otherwise, it is best not to make it long. "Good" here means recommended, and his words imply that the sunna is only obtained by reciting one of the long mufassal, and the recommeendation is to do more. That is not like that. The sunna is obtained, even by reciting an ayat. "Getting light" is when the darkness is mixed with light and vice versa before it begins to brighten. It is understood from his words that when it is like that, he does not make it long.]

10.1j. The recitation is outloud in Subh

The sura is also recited outloud.

[It is sunna to recite the sura and the Fatiha outloud.]

10.1k Ruku'

When you have finished the sura you say Allahu akbar as you go down into ruku' - the bowing position of the prayer.

[ You say the takbir as you go down. Three things are taken from his words about ruku'. One is the takbir, which is sunna. Is all of it except the takbir al-Ihram is one sunna. That is what Ashhab says and most of the scholars take that position. Some say that every takbir is a separate sunna, and that is the position of Ibn al-Qasim, and it is predominant view. The evidence for it being predominant is that they stipulate the prostation of forgetfulness for omitting two of them. If all of them had been a sunna, then they would not have imposed because there is no prostration for omitting a part. The upshot of that is that if one takbir is omitted - except for the takbir of the 'Id - by forgetfulness, he does not prostrate. If he prostrates for it before the taslim deliberately or out of ignorance, then his prayer is in invalid. If he omits more than one, even all of them, then he prostrates. If he omits the prostration and a long time passes, then there is a difference according to the two positions. According to the statement that all is one sunna, then the prayer is not invalid by omitting three or more. According to the other, it is invalid when the prostration is omitted since the second mentions that the takbir is connected to ruku', and is recommended. It is like with every action of the prayer except for standing after two rak'ats.]

The Ruku' position

You put your hands on your knees, straightening your back so it is parallel to the ground.

[Ruku' is one of the agreed-upon obligations of the prayer and it has three forms: low, middle and high. The low is to place the hands near the knees. The middle is to place them on the knees without firmness, and the high is that which the author indicated here.

Putting the hands on the knees is recommended, if they are both sound and he is not prevented from putting them on them by some impediment. An impediment would be amputation or shortening. He does not bind any further than having his back straight. Having the back straight is not obligatory. It is recommended since the obligation is general - bowing is obligatory. Its fullest form is to place the hands on the knees. It is recommended for him to spread his fingers based on what al-Hakim and al-Bayhaqi transmitted that when he bowed, he spread his fingers, and then he prostrated, he kept them together.

It is recommended that the back be straight. The author mentioned both placing the hands on the knees and keeping the back straight since one of them does not necessitate the other. Keeping the back straight does not necessitate placing the hands on the knees and placing the hands on the knees does not necessitate keeping the back straight. Are both of them recommended or is simply one of them alone recommended?]

The position of the head in ruku'

You do not lift your head nor do you let it drop. You make sure that the insides of your arms are away from your sides.

[ This is recommended. Omitting any of that does not invalidate the prayer. It is recommended that the insides of the arms be far from the sides. That is explained as being not very far, but a medium amount. This does not apply to both men and women. Women keep their arms to the sides. He does not mention the straightness of the knees, and he is not excessive in bowing by making them straight. He is also silent about the straightness of the feet which is that they are not right together. That is disliked. It is recommended that it be avoided.]

Awareness in ruku'

In both ruku' and sujud you should be aware of your state of complete submission.

[Your heart must be humble. This is recommended as is well-known with the fuqaha'. Ibn Rushd said that it is one of its obligations although the prayer is not invalidate if it is omitted. It is obligatory in part of it, and must exist in the ihram.]

What to say after that

And then if you are by yourself you say, Allahumma rabbana wa laka'l-hamd (O Allah, our Lord, all praise belongs to You.) This is not said by the imam. Someone praying behind an imam does not say Sami'a'llahu liman hamidah, but he does say, Allahumma rabbana wa laka'l-hamd.

[ Then you say, "O Allah, our Lord, all praise belongs to You", meaning You accept and You are praised for accepting or for your allowing that act of worship to be completed. You say this if you are alone or behind the Imam. The Imam only says the first statement. Someone praying behind an imam only says, "O Allah, our Lord, all praise belongs to You". The basis for these details is in the Muwatta' and elsewhere which report that the Prophet said, "When the Imam says, 'Allah hears whoever praises Him,' say, 'O Allah, our Lord, all praise belongs to You' for the previous wrong actions done by the one whose utterance coincides with that of the angels are forgiven," i.e both minor and major. They are only expiated by repentance or the pardon of Allah. In a version of at-Tirmidhi, "Praise is Yours," This hadith demands that the Imam does not say, "Our Lord, praise is Yours," and the one following does not say, "Allah hears whoever praises Him.]"

10.1m Standing up straight after ruku'

You stand up straight, still, and with the limbs settled

[When you lift your head from ruku', you stand up straight and still. There are two things here: stillness, which is obligatory and will be discussed, and straightness, which is the sunna according to Ibn al-Qasim in all the pillars of the prayer and obligatory according to Ashhab and it is sound. The difference between stillness and straightness is that straightness has to do with stature and stillness involves the limbs resisting for a time. ]

10.1n Prostation

and then go down into sujud without going into a sitting position on the way.

[Then you go down to the ground in prostration, going into prostration from a standing position as the Prophet did. There is no disagreement that prostration is obligatory. You do not prostate from a sitting position as some people of knowledge say. It is useful to be precise. Ash-Shafi'i states that a very slight sitting before prostration is part of the sunna. The argument of some of the people of knowledge that he did that and the argument of one who denies that he sat before prostration is what is related from 'A'isha that he did that at the end of his life because the movement of his noble limbs had become heavy. It was not to change the sunna. It was due to an excuse, and it is negated when the excuse does not exist. If this sitting occurs by forgetfulness, and is not long, there is no harm. If it is long, then he prostrates on account of it. There is disagreement about when it is deliberate. That famous position is that if it is not long, there is no harm. If it is long, there is harm. Length is considered inasmuch as someone looking would think that he has turned away from the prayer.]

The takbir

As you go down into sujud you say, "Allahu akbar."

[This is sunna to fulfil the pillar with the takbir. He did not mentioned what touches the earth first. It is recommended to place the hands before the knees when you go into prostration and to have the hands leave the earth after the knees in rising by his command to do that. That is what the people of Madina did. As for what the people of the Sunan relate stating that when he prostrated, he put his knees down before his hands and when he came he lifted his hands before his knees, ad-Daraqutni said that only Sharik has it, and things are said about Sharik. Some claim that it is an abrogated sunna.]

What part of the face is on the ground

You put your forehead and nose on the ground,

[The forehead is what is between the temples to the forelock. As much of it as possible is placed on the ground. This is recommended. As for fulfilling the obligation in that, it is enough to place the least amount of the forehead. When he puts his forehead on the earth, he should not press it hard on the earth so that it leaves a mark - that it disliked because it is the action of the ignorant who have no knowledge.

Prostration on both the forehead and nose is obligatory. There are various positions if it is confined to one of them. The famous one is that if it is confined to his nose, it is not enough and he must repeat it. If it is confined to his forehead, it is enough although he should repeat it within the time. It is said to apply to both ikhtiyari and daruri times. This is if the forehead is sound. If there are ulcers on the forehead, it says it in the Mudawwana that he indicates but does not prostrate on his nose because prostration on the nose naturally demands prostration on the brow. So when its obligation does not apply, its consequence does not apply. If he goes down and prostrates on his nose, Ashhab says that it is enough for him because it is more than indication. The Mudawwana says that it is disliked to prostrate on his turban.]

Position of the hands

with your palms flat on the ground, fingers facing qibla, on a level with your ears or further back - there being no fixed position for the hands -

[ It is recommend he put the palms on the ground without barrier. It is recommended for the face and hands to be directly touching the ground because it is humilty and it is what it is disliked to prostrate on what is luxurious and comfortable like wool and cotton. Matting is overlooked because it is like the earth, but it is best to forego it. Prostration on it is different from the first. The fingers are spead out on the earth. This is stressed and it is recommended that they face qibla. Al-Qarafi says that the reason for that is that they prostrate and so face qibla. Prostration itself is done on the hands, like the knees and the toes of the feet, and so it is sunna. They should be level with the ears or somewhat further back There is no definition as to where the hands are placed based on the statement of the Mudawwana that there is no definition in that. It is all permitted, and there is no obligation. If he does it differently, he only commits something disliked.]

Position of the Arms

although you must make sure your forearms are not touching the ground. Your arms should not be close against your sides but should be held out a little.

[ Since the Prophet forbade for a man to rest his forearms on the ground like a wild animal. One variant has "like a dog." It is disliked for a man to do this in prostration and it is disliked for him to rest them on his thighs. It is forbidden, meaning disliked, for a man to hold his arms close to his sides in prostration. It is recommended for a man to keep his arms away from his sides as the Prophet did. In the two Sahih collections it reports that in prostration he kept his arms from his sides so that the white of his armpits could be seen.]

Position of the Feet

During sujud your feet should be upright with your toes on the ground facing forwards.

[The toes should be facing qibla and the knees should be apart and the stomach away from the thighs. The proof that that is part of the sunna is what Abu Dawud transmitted: when the Prophet prostrated, he had a gap between his thighs and they were not against his stomach at all.]

What to say in sajda

And then when you are in sujud you can say if you like, "Subhaanaka rabbi, dhalamtu nafsi wa 'amiltu suu'an faghfir li." (Glory be to You my Lord. I have wronged myself and acted badly, so forgive me.) or if you like you can say something else.

[ You have a choice in what you say between saying the first or not, and secondly between these words or other dhikrs. The first choice indicates a rejection of the one who says that tasbih is obligatory. The second choice indicates the refutation of the one who says that this must be said, i.e. even if the glorification is recommended, it must be with these words, and so the recommendation is only obtained by it. The result is that glorification in prostration is recommended by the author and others. The expression of the choice means that taken literally, one sides are equal, only indicates the rejection.]

You can also make du'a' in your sujud if you want.

[It is recommended to make supplication using the Qur'an or something else, but it must be something permitted in the Shari'a and custom which is not denied, and the prayer is not invalidated by it. This is a separate supplication from the glorification.]

Length of prostration

There is no particular limit to the length of time you may stay in sujud but the shortest is the time it takes for the whole body to become still.

[There is no limit to prostration in the obligatory. For the one praying alone, it should be not excessively long. If it is excessively long, it is disliked. There is no harm in it in the voluntary. For the Imam it is what will not harm those behind him. Its minimum which is adequate is that in which the joints become still and at rest. Stillness is obligatory in the prostration and in all the pillars of the prayer. But the Risala only deals with stillness in this place about the minimum which makes the obligatory prostration adequate. It is obligatory because that obligation, which is prostation, rests on it. There is disagreement about remaining longer than stillness. The view of the author of al-Mukhtasar is that it is sunna. He examines what is defined as extra in respect of the individual,the Imam and the one following, and whether it is equal in the length regarding it and other positions of the prayer or not. What is said in al-Mukhtasar demands that all of that be equal.]

10.1o. Sitting between prostrations

Then, saying, "Allahu akbar", you lift your head and sit back. In the sitting position between the two sajdas your left foot is folded underneath and your right foot remains upright and you lift your hands from the ground and put them on your knees.

[ Then you say, "Allah is greater" while you are coming up. This rising is an obligation without disagreement, and multiple prostrations are inconceivable without a division between them. After you lift your head, you must sit straight. The bottom of the toes of the right foot remain on the earth. It is not understood from his words that you sit between the two prostrations as you sit in the tashahhud. As for the sitting of the person who prays sitting while he recites and bows, it is recommended to be cross-legged. He silent about where to place the left foot. 'Abdu'l-Wahhab says that he puts it under his right thigh. It is said that it is between his thighs. It is said that it is outside. Men and women are the same in that.

You remove your hands from the earth and put them on your knees. He says in al-Jawhar that he puts his hands near his knees with his fingers level. If he does not lift his hands from the earth, there are two positions about the invalidity of the prayer. The best known is that it is invalid. The soundest, based on what al-Qarafi said, is that it is not invalid. It is accepted because this rising from the earth is only recommended and not doing something recommended is not one of the things which invalidate the prayer.]

10.1q. Second prostration

You then go into sujud again repeating what you did the first time.

[Then after coming up from the first prostration, you prostrate again like the first with the relevant details.]

10.1r. Rising from prostration

Then you stand up again directly from sujud pushing yourself up with your hands. You do not go back to the sitting position and stand up from there but rather you do as I have described. As you stand up you say, "Allahu akbar."

[ After the second prostration, you stand up as you were without sitting. This indicates refutation of the Hanafi position. Ibn 'Umar said that if he sits and then stands, and it is deliberate, he asks Allah's forgiveness and does not have to do anything. If he forgets, he prostrates after the salam. The one who does it deliberately does not have to prostrate. Not going back to the sitting position indicates that it differs from the Shafi'ites who say it is sunna for him to rise for the second and fourth rak'ats from a sitting. We consider it meritorious for him to go back to the standing and to come up directly with your hands. You say the takbir during the move because it is recommended to say the takbir when beginning actions in the prayer.]

10.1s. Recitation in the second rak'at

You then recite as much as you did in the first rak'at or a little less

[After the takbir, you recite the Fatiha and a sura. The second should be similar or shorter than the length of the first. Both are affirmed. The author follows al-Fakhani is that the recommended is that the first rak'at should be longer than the second. The evidence for that is found in the two Sahih collections where the Prophet made the first long and the second short. What is meant is that the first is longer than the second in time, even if the recitation in the second is more, but he recited slowly in the first. It is recommended that he recites by the order of the Qur'an, and reversal of order is disliked. However, he if inverts the order, there is nothing against him. The disliked reversal is to reverse the suras or recite the last half a sura and then the first half. It is like that in one or two rak'ats. When he does the forbidden reversal, then the prayer is invalid. That is like reversing the order the ayats of the same sura in the same rak'at.]

and do the same again

[This means that you repeat all the previous actions. Then you perform the prostration and sitting as was already described.]

10.1t. The Qunut

except that (being Subh) you also recite the qunut after doing ruku' although you can, if you want, recite it before ruku' after finishing your recitation of Qur'an.

[ The Qunut is done in the second rak'at after coming up from ruku', although it could be before the ruku', there being a disagreement about whether it is meritorious or sunna. If it is sunna and he omits it and he does not prostrate for it, his prayer is is invalid. If it is meritorious and he prostrates for it, his prayer is invalid if the prostration is before the salam. It appears from the words of the author that it is better after ruku'. It is the position of Ibn Habib. The well-known position is that it is better before ruku' based on what is in the Sahih that the Prophet was asked whether it was before or after and he replied that it was before. It is also based on kindness to the one who is preceded and because that is what 'Umar continued to do in the presence of the Companions.

The well-known position is that he does not raise his hands as he does not raise them in saying "Amen" or in the supplication of the tashahhud. It is better to do it silently because it is a supplication. If he forgets to do it before ruku', he can do it after it if he remembers. He cannot go back from ruku' if he remembers. If he does go back, then his prayer is invalid because he went back from an obligation to something recommended. ]

10.2 Qunut

The qunut consists of the words:

Allahumma innaa nasta'eenuka wa nastaghfiruka wa nuuminu bika wa natwakkalu 'alayka wa nakhna'u laka wa nakhla'u wa natruku man yakfuruk. Allahumma iyyaaka na'budu wa laka nusalli wa nasjud. Wa ilayka nas'a wa nahfid. Narju rahmataka wa nakhaafu 'adhaabaka'l-jidd. Inna 'adhaabaka bil-kaafireena mulhiq.

(O Allah, we seek help from You and ask forgiveness of You and believe in You and rely on You. We humble ourselves before you and renounce all other dins. And we abandon all who reject You. O Allah it is You we worship and to You that we pray and prostrate and for You that we strive and struggle. We hope for Your mercy and fear Your certain punishment. Your punishment will surely come to those who disbelieve.)

[This is its chosen expression among the Malikis, although it is said, "We rely on you" is an addition in the Risala. One variant has after it, "We praise You well."]

10.3. The final sitting, tashahhud and salam

10.3a. The final sitting

Then you do the same regarding your sujud and sitting as has already been described. When you sit back again after your two sajdas you keep your right foot upright with the toes pointing forward and fold your left foot underneath with your left buttock resting on the ground, not on your left foot.

When you finish the qunut, you go down into prostration without sitting. You sit between the two prostrations as was described.

[ When you sit after the second rak'at for the tashahhud, you have your right foot upright with the toes forward, and the left foot folded underneath, sitting on your left buttock. That is the sound transmission. It is related as "buttocks" which it a mistake because if he sits on them, that it resembles squatting which is disliked, even though it is not actual squatting which is to put the buttocks on the ground and keep the thighs upright and place the hands on the ground, as a dog sits. You do not sit on your left foot. He said that in reference to Abu Hanifa who says that he sits on his left foot. The description which he mentioned resembles that in the Mudawwana in all the sittiing positions of the prayer.]

Another foot position

If you want, your right foot can be at an angle, with the side of the big toe resting on the ground. Both of these positions are acceptable.

[ Without having the foot upright. What the shaykh mentioned is opposed to al-Baji that the bottom of the toes are on the ground and not the side. It is preferred. Then you sit for the tashahhud after the two prostrations of the second rak'at.]

10.3b. The tashahhud

You then say the tashahhud, which consists of the words: at-tahiyyatu lillah. az-zakiyatu lillah. at-tayyibatu's-salawatu lillah. as-salamu 'alayka ayyuha'n-nabiyyu wa rahmatu'llahi wa barakatuh. assalأƒآ¢mu 'alaynأƒآ¢ wa 'ala 'ibadai'llahi's-salihin. ash-hadu an la ilaha illa'llahu wahdahu la sharika lah. wa ash-hadu anna Muhammadan 'abduhu wa rasuluh.

(Greetings are for Allah, Good actions are for Allah. good words and prayers are for Allah. Peace be upon you, O Prophet, and the mercy of Allah and His blessings. Peace be upon us and upon the righteous slaves of Allah. I bear witness that there is no god except Allah alone without partner and I bear witness that Muhammad is His slave and His Messenger.)

[ These are the words of the tashahhud preferred by most of the Malikis. In the Mudawwana instead of "Muhammadan 'abduhu" he has "Muhammad 'abdu'llah" (Muhammad is the slave of Allah).]

10.3c. The salam

If you then say the salam at this point, your prayer is valid.

[i.e. after saying, "I bear witness that Muhammad is His slave and His Messenger", the prayer is valid, whether you say part of it or leave part. Ibn Naji said, i.e. with either of the two statements or if he says something else. It is not valid to say that it is enough in the form of perfection because he did not mention the prayer on the Prophet. So the truth is that it it a discarded description.]

10.3d. Possible Additions

You can also add to this, one possibility being:

wa ash-hadu anna'lladhi jaa'a bihi Muhammadun haqq. wa anna'n-naara haqq. wa anna's-saa'ata aatiyatun la rayba fihaa. wa anna'llaha yab'athu man fi'l-qubuur.
Allahumma salli 'ala Muhammadin wa 'alaa aali Muhammadin warham Muhammadan wa aala Muhammadin wa barik 'ala Muhammadin wa 'ala ali Muhammadin kama sallayta wa rahimta wa barakta 'ala Ibrahima wa 'alaa aali Ibrahima fi'l-'alamأƒآ®na innaka hameedun majeed.

Allahumma salli 'alaa malaa-ikatika wa'l-muqarrabeena wa 'alaa anbiyaa-ika wa'l-mursaleena wa 'ala ahli taa'atika ajma'een.

Allahumma'ghfir li wa liwalidaya wa li a'immatina wa liman sabbaqanaa bi'l-eemani maghfiratun 'azmaa.

Allahumma inni as'aluka min kulli khayrin sa'alaka minhu Muhammadun nabiyyuka wa a'udhu bika min kulli sharrin ista'adhaka minhu Muhammadun nabiyyuka.

Allahumma'ghfir lana ma qaddamnأƒآ¢ wa ma akharnaa wa ma asrarnaa wa ma a'lannaa wa ma anta a'lamu bihi minhaa.

Rabbanaa aatina fi'd-dunyaa hasanatan wa fi'l-akhirati hasanatan wa qina 'adhaaba'n-naar wa a'udhu bika min fitna'l-mahya wa'l-mamati wa min fitna'l-qabri wa min fitna'l- masأƒآ®hi'd- dajjali wa min 'adhaabi'n-naari wa su'i'l-maseer.

As-salaamu 'alayka ayyuha'n-nabiyyu wa rahmatu'llahi wa barakatuh. As-salaamu 'alaynaa wa 'ala 'ibaadi'llahi's-saaliheen.

(And I bear witness witness that what Muhammad brought is true. And that the Garden is true. And that the Fire is true. And that the Hour is coming and there is no doubt about it. And that Allah will raise up those in the graves.

O Allah pray on Muhammad and the family of Muhammad and have mercy on Muhammad and the family of Muhammad as you prayed on and had mercy on and blessed Ibrahim and the family of Ibrahim. In all the worlds, You are praiseworthy, glorious.

O Allah, pray on Your angels and those brought near and on Your Prophets and Messengers and on all the people who obey You.

O Allah, forgive me and my parents and our imams and those who have gone before us with iman with complete forgiveness.

O Allah, I ask You for every good thing that Muhammad, Your Prophet, asked You for and I seek refuge in You from every evil that Muhammad, Your Prophet, sought refuge in You from.

O Allah, forgive us for what we have done and for what we have put off doing, for what we have kept hidden and what we have done openly and for what You have more knowledge about than us.

Our Lord give us good in this world and good in the next world and protect us from the torment of the Fire. I seek refuge in You from the trials of life and death and from the trials of the grave and from the trials of the Dajjal and from the torment of the Fire and from an evil end.

Peace be upon you, O Prophet and the mercy of Allah and His blessings. Peace be upon us and upon the right-acting slaves of Allah.)

[It is understood that when he has said the supplication, it is recommended that he does not end with the salam until he has asked for peace on the Prophet. That is necessary for everyone who prays as opposed to the well-known position which is what al-Qarafi related: that the salam on the Prophet is not repeated when he makes supplication. Malik recommended it for someone following an imam. When the imam says the salam, he says, "Peace be upon you, etc." This addition is weak. Part of its weakness is that it is particular to the one following the Imam as Malik stated.]

10.3e. Saying the Salam

Then you say, "As-salamu 'alaykum" once,

[After that you say that salam which ends the prayer. This salam is obligatory without dispute for every one who prays, Imam, individual, or following an Imam. He only ends the prayer by it. Specificially incumbent is the phrase which the shaykh mentioned, by definition and order and in the plural. If he says, "Upon you peace" or "My peace upon you" or "The peace of Allah on you," or he omits the definite article, it is not adequate.

Does he require an intention to end the prayer or not? There are two well-known positions. The predominant, as is seen in the words of Ibn 'Arafa, is that it is not a precondition, although it is recommended to do it. Indeed, the one who is unable to say the salam of release as a sentence leaves the prayer by his intention. Then the intention of ending is obligatory and the salam does not remove when he is unable to say part of it.]

10.3f. The direction faced in the salam

starting to the front and turning to the right a little as you say it. This is what the imam does or anyone doing the prayer by themselves.

[ This means you incline your head a little to the right. The description of the salam differs with the different people praying. An imam or one praying alone say one salam, facing the front and a little to the right. He begins by facing is desirable. It is sunna for anyone who prays to say the taslim aloud. As for the taslim of someone else, namely someone following the Imam, it is best to say it silently. This applies to the man who has no one with him so that any error might result. "Saying it outloud" in the case of a woman is so that she can hear herself.

It is recommended for everyone praying to say the takbir al-ihram aloud, and that is the case for the rest of the takbirs for the Imam as opposed to the one who is following, and for the person praying alone. It is recommended for the Imam to make the salam and takbir al-ihram short so that the one following does not precede him in them. What is meant is quickness without extension.

The Imam and the one praying alone should begin to say it while facing the qibla because they are commanded to face qibla in all the pillars of the prayer, and the salam is one of its pillars, even though he leaves the prayer by it. It is recommended to turn to his right side in the course of it. If he says the salam on his left, intending to end it, and does not say it to his right, his prayer is not invalid according to the well-known position because he has omitted the right, which is meritorious. If the one following says the salam to the left, intending the merit with the intention of returning to the salam of ending, and he believes that the salam to the left is meritorious which does not end the prayer, and a long time passes before he returns to the final salam, then his prayer is invalid. If it is not a long time, it is not invalid because the salam to the left is for a meritorious action, and is ot like extraneous speech before the final salam because when he does it with the intention of bringing the final salam after it, he becomes like someone who advances something meritorious before an obligation.]

10.3g. The salam for someone following an imam

If you are doing the prayer behind an imam you say the salam once, turning a little to the right, then you return the salam of the imam towards the front and

[The salam of the follower is to say one salam, turning to the right for all of it, as opposed to the Imam and the one praying alone. The difference between him and them is that their salam and response is considered to be part of the prayer, and so they face the qibla at the beginning like all the actions of the prayer. As for the one following the imam, his Imam said the salam, and he follows him, so it means that his prayer had ended.

It is sunna for the one following to say another salam other than the final salam in the direction of the Imam, neither to the right nor the left. He indicates him with his heart by agreement. ]

10.3h. The salam to the left

then, if there is anyone on your left who has said the salam, you greet them in return. You do not say the salam to the left if no one has said it to you.

[ It is sunna for the one following the Imam to respond to his left is there is anyone on his left. It is evident that he does not say the salam to his left unless there is someone on his left who greets him. If he supposes that he did not greet him, as when he omits the salam, for instance he might suppose that he does greet him, but that is not the case.

The position of the necessity of returning the salam to the left by the one following if there is someone on the left and he earns the merit of the group. If there is no one on his left who obtains the blessing of the group since there is actually no one there or there is someone who comes late and missed a rak'at with the Imam, he is not asked to return it. Bahram said, "Does the one who comes late who caught the merit of the group reply to the Imam and to the one who said the salam on the left when he finishes the prayer or not since he has missed its place? There are two transmissions: one is that which Ibn al-Qasim prefers and it is accepted is that he replies, even if the person on the left has departed.]

10.3i. The position of the tashahhud

While you are saying the tashahhud you put your hands on your thighs, clenching all the fingers of the right hand except your forefinger which you extend with its side uppermost.

[ It is recommended in the tashahhud to place the hands on the thighs close to the knees. This varies. The fingers of the right hand are clenched except for the forefinger. It is extended in supplication and glorification to indicate tawhid and to avert Shaytan based on what is in Muslim, "It drives away Shaytan and he does not forget as long as he is pointing with his finger." You point with its side uppermost. The bottom of the finger is not facing the earth or the reverse.]

Whether or not to move the finger
There is some difference of opinion as regards the movement of this finger.

[Ibn al-Qasim says that it is moved, and he is relied on. Others say that he does not move it. Based on the position that it is moved, there are two positions about whether it moved in the entire tashshhud or only in the testimonies because he confines himself to the first in the Mukhtasar. The literal meaning of the words of Ibn al-Hajib is that the second is the well-known one. There is also a question in both statements about whether it is moved from right to left or top to bottom.]

Holding it straight

There are those who say that by holding it straight you are indicating that Allah is one God while those who move it say that doing so repels shaytan. I think they mean by this that you will be reminded in your prayer by moving your finger of what will prevent you, if Allah wills, from becoming forgetful and distracted. Your left hand is laid flat on your left thigh and you neither move it nor point with it.

[ This means he holds it straight without moving it. The one who moves says that it is to repel Shaytan. The left hand is kept flat, and he does not point with it, even if his right hand has been amputated.]

This post has been edited by Hamoudeh: Feb 5 2005, 08:13 PM

[Hamoudeh]

Chapter Ten: The Fard, Sunna and Nafila Prayers-02

10.4. Dhikr after prayer

It is recommended to do dhikr immediately after the prayer. You say 'Subhanallah' (Glory be to Allah) thirty-three times, 'Alhamdu lillah' (Praise be to Allah) thirty-three times, and 'Allahu akbar' (Allah is greater) thirty-three times. Then you seal the hundred by saying, 'La ilaha illa llahu wahdahu la sharika lah. Lahu'l-mulku wa lahu'l-hamdu wa huwa 'ala kulli shay'in qadir.' (There is no god but Allah, alone without partner. His is the kingdom and His is the praise and He is capable of all things.)

[ This is done after the obligatory prayers without being separated by the nafila based on what Abu Dawud transmitted that a man prayed the obligatory prayer and then did the voluntary and 'Umar ibn al-Khattab pulled him and made him sit. He said, "Do not pray the nafila prayers straight after the obligatory." The Prophet said to him, 'You are right, Ibn al-Khattab. Allah has made you right. The dhikr is done with the expressions heard from the Lawgiver.

This is the sound transmsision with the omission "makes lives and dies." Praise is put before takbir and the reverse is done in the salam and asking permission. That is done to be mindful of what is found in the hadith. The like of what is here is in the two Sahih collections. In the Muwatta' is like what is in the chapter of greeting and asking permission. The literal meaning of what he says here is that he says, "Subhanallah, al-hamdu lillah and Allahu akbar" 33 times in a group. A group prefer it, including Ibn 'Arafa. Some prefer that they be said with each one separate.]

10.4b. After Subh

It is also recommended, after Subh, to continue to do dhikr and ask forgiveness and glorify Allah and make du'a up until sunrise or near to sunrise, but this is not obligatory.

[ It is clear from his words that dhikr is other than asking forgiveness, glorification and supplication, Some of them say that dhikr is recitation of the Qur'an. Some of them say that dhikr is explained by what is after it, so it is as if he were saying that it is asking forgiveness, etc.

This lasts until sunrise based on what at-Tirmidhi related and said is hasan. The Prophet said, "If anyone prays Fajr in a group and then sits remembering Allah until sun rises and then prays two rak'ats, has a reward similar to that of a completed hajj." This is what the Salaf did. They persevered in occupying themselves with dhikr after Subh until the end of its time. It is not obligatory, recommended.]

10.4c. Fajr

There are also the two rak'ats of Fajr which you do before Subh after the break of dawn. In each rak'at you recite just the Fatiha silently.

[ It is not enough if they are done before dawn, even with only the takbir al-ihram because it is a prayer which is prescribed and is dependant on the obligation of Fajr and it is connected to the time of that which it follows. Two positions are related about it in the general chapter of the obligatory prayers: desirable and sunna. The author of al-Mukhtasar follows the first, which is the accepted position. He must intend them as the two rak'ats of Fajr to make them distinct them from the nafila prayers. If he prays without that, they are not adequate.

In each rak'at it is recommended to only recite the Fatiha silently, based on what is in the Muwatta' and Muslim where 'A'isha said, "The Messenger of Allah used to pray the two rak'ats of Fajr and they were so quick that I would wonder whether he had said the Fatiha in them or not." Ibn al-Qasim related that Malik recited the Fatiha and a sura in them from the short ones based on what is in Muslim that after the Fatiha, the Prophet recited in them al-Kafirun and Ikhlas. It is better to pray them in the Masjid.

If someone enters the Masjid without having prayed them, and the iqama for the obligatory prayer has been given, he omits them and joins the Imam and then prays them after sunrise. Their time extends until midday. He does not make up any nafila prayers except them. Whoever sleeps through Subh until sunrise, prays Subh and then prays them afterwards. Whoever forgets them until he has prayed Subh or the time of Subh has come does not pray them until sunrise.]

10.5. Dhuhr

10.5a. Recitation in Dhuhr

Your recitation for Dhuhr should be from suras like the ones you recite at Subh or a little shorter,

[His words means that the recitation in Dhuhr is equal is what is recited in Subh, i.e. from the long mufassal. That is what Imam Ashhab and Ibn Habib said. Imam Malik said that it is recommended that the recitation in Dhuhr be a little less than the recitation in Subh. That is preferred. If, for example, he recited al-Fath (48) in Subh, he recites something like al-Jumu'a (62) or as-Saff (61). It is not understood that he recites the middle mufassal. Ibn 'Umar considers that the words of the author imply a third position, which is choice.]

10.5b. Outloud

but at Dhuhr none of the recitation is done outloud. In both the first and the second rak'ats you recite the Fatiha and another sura silently and in the last two rak'ats you recite just the Fatiha silently.

[Recitation is not outloud in Dhuhr, either the Fatiha nor anything else. Reciting the Fatiha in the last two is by way of sunna. ]

10.5c. Tashahhud

You do the tashahhud in the first sitting as far as the phrase, 'wa ash-hadu anna Muhammadan 'abduhu wa rasuluh.'

[ He adds this. ]

105d. Takbir for standing

After that you stand up but do not say 'Allahu akbar' until you are fully upright. This is what someone leading the prayer, or someone doing the prayer by themselves, does.

[ Then after finishing the tashahhud to the point mentioned, he rises for the third rak'at, and he does not say the takbir when he begins to stand up, but waits until he is upright according to what is known in the school in action and because he has not moved from a pillar. He has moved from a sunna to a fard, and the fard is more entitled to the takbir, and because rising for the third is like beginning a new prayer. That is how the Imam and person praying alone does it.]

10.5e. Standing when following the Imam

If you are doing the prayer behind an imam you stand up after the imam has said, 'Allahu akbar', and, when you are fully upright, you say, 'Allahu akbar'.

[ If you are following an Imam, you only stand up after the Imam has said, "Allahu akbar" and has finished it. When you are upright, then you follow the Imam, and imitating it. All his actions come after the Imam's actions. In the hadith, "Do not precede me in bowing or prostrating." This tell us that the one following the Imam follows him because the prohibition against going ahead of him demands following. It negates getting ahead and doing at the same time. ]

Apart from that, the rest of the prayer, in terms of the ruku', sujud and sitting, is the same as has been mentioned for Subh.

The rest of the prayer is the same as that for Subh. The proof of that is that the Prophet did it and taught people. There is no difference in what was mentioned between him doing it and teaching people.

10.5f. Nafila prayers after Dhuhr

It is recommended to pray four nafila rak'ats after Dhuhr, saying the salam after each two rak'ats.

[This is because of the Prophet said, "If anyone perseveres in the four rak'ats before Dhuhr and four after them, Allah will forbid him to the Fire," i.e. perserving in what was mentioned is a reason for not committing a major wrong action. Then his body will be forbidden to the Fire. The hadith is related by Imam Ahmad and the people of the Sunan, i.e. at-Tirmidhi, an-Nasa'i, Ibn Majah and Abu Dawud. If you said that since it is encouraged to persevere with four before and four after, why does the author confine it to the four afterwards, I said that it is to point out the difference between it and 'Asr where he only does nafila before it. At-Tata'i mentioned it.]

10.6 'Asr

10.6a. Nafila before 'Asr

It is also recommended to do the same before 'Asr.

[He should do four rak'ats before 'Asr since it is confirmed that he said, "May Allah show mercy on a man who prays four rak'ats before 'Asr" which has the senses of, "O Prophet, show mercy." There is no doubt that his supplication is answered.]

10.6b Recitation in 'Asr

For 'Asr you do exactly the same as we have detailed for Dhuhr except that in the first two rak'ats, after reciting the Fatiha, you recite one of the short suras such as "Wa'd-duha" (93) or "Innaa anzalnaahu". (97)

[ You do 'Asr like Dhuhr except that you use shorter suras. So if you begin it with one of the long mufassal, you should leave it and recite a short sura.]

10.7 Maghrib

10.7a Recitation in Maghrib

For Maghrib you do the recitation outloud in the first two rak'ats, in each rak'at reciting the Fatiha and one of the short suras. In the third rak'at you recite the Fatiha on its own and do the tashahhud and say the salam.

[ The third rak'at is done silently. The 'amal is that short suras are used. What is transmitted to the contrary is, interpreted, i.e. an-Nasa'i and Abu Dawud transmitted that the Prophet used to recite al-A'raf (7) in Maghrib. So it is interpreted that it is possible that he knew that those behind him would not be harmed by that. Otherwise, he would have continued on an easier action.

You only recite the Fatiha in the third. After it, you do the tashahhud and prayer on the Prophet and make supplication after that and say the salam.]

10.7b. Nafila prayers

It is recommended to do two nafila rak'ats after Maghrib and if you do more than this, that is good. Six rak'ats are specifically recommended.

[ He stressed the recommendation to pray two rak'ats after finishing Maghrib and more is good. Evidence for its recommendation lies in the fact that the Prophet did it. What is more than two is good since He says, "Whoever does an atom's weight of good will see it." Six are recommended since he said, "If anyone prays six rak'ats after Maghrib in which he does not say anything evil [i.e. haram] between them, that is equal to the worship of twelve years." Ibn Khuzayma related it in his Sahih as did at-Tirmidhid. That which is in at-Tata'i from the Sahih of Ibn Khuzayma is that they are equal to the worship. One of them said, "To the worship of the Banu Israel". In the Collections of at-Tabarani, "If anyone prays six after Maghrib he will be forgiven his wrong actions, even if they are like the froth of the sea."]

10.7c. Nafila between Maghrib and 'Isha'

Doing rak'ats in the time between Maghrib and 'Isha is also strongly recommended.

[Al-Ghazali said, "The Messenger of Allah was asked about the words of the Almighty, "Their sides avoid the beds," and said that it is praying between Maghrib and 'Isha'. The Prophet said, "You must pray between Maghrib and 'Isha', It removes vanities," i.e. it expels what someone has disliked words or actions so that he is not criticised for it nor is he moved to a forbidden action or from a small sin to a great one which only repentance ot Allah's pardon expiates. ]

10.7d. Other aspects of Maghrib

As for the other aspects of Maghrib, they are the same as has already been mentioned regarding the other prayers.

[This is to have the recitation is outloud in the first two with the Fatiha and a short sura, and only the Fatiha silently in the third.]

10.8 'Isha'

10.8a Recitation in 'Isha'

For the last prayer, 'Isha - which is also known as al-'Atama although the name 'Isha is more appropriate -you pray the first two rak'ats outloud, reciting in both of them the Fatiha and another sura. The suras chosen should be a little longer than those chosen for 'Asr. In each of the last two rak'ats you recite the Fatiha to yourself. The other parts of the prayer are done as has already been described.

[Recitation in the 'Isha' prayer is longer than 'Asr. In the last two rak'ats, he recites only the Fatiha. ]

10.8b. Sleeping before 'Isha'

Sleeping before 'Isha is disliked, as is talking after it unless there is a special need to do so.

[It is not disliked to talk after its time has come and before it has not been prayed. Al-Fakhani said that that. It is also disliked to sit up without conversation out of the fear of missing Subh and rising at night.]

10.9 Volume of Recitation

10.9a. What is meant by 'reciting to yourself'

The expression 'reciting to yourself' as far as the prayers are concerned means moving the tongue as you articulate the words of the Qur'an. The expression 'reciting outloud' means, if you are doing the prayer alone, that you recite loud enough for yourself and anyone standing close to you to hear.

[ This is the least of doing it silently and the most is that he only can hear himself. By moving his tongue, he is careful more reciting in the prayer with his heart. It is not enough. So if he were to take an oath that he would not recite Qur'an and then made it flow in his heart, he does not break the oath of not reciting.

The minimun of outloud in the obligation is that someone can hear it and its maximum has no limit. Al-Fakhani said, "Look at the meaning of his words, "if he is alone." It is clear that it is not for the Imam who sought make it heard by himself to hear himself and those behind him. If the one behind him does not hear him, his prayer is valid. The sunna is achieved by the one next to him hearing. Al-Aqfahasi said that if he is alone. he considers the one near him to be another persons praying, and so his principle in being outloud is that of a woman.

The place where the outloud is demanded, as in the commentary of Shaykh, is when it does not entail confusing someone else. Otherwise that which will result in confusion is forbidden, even if it leads to making the sunna fall because he does not commit anything unlawful to obtain the sunna.]

10.10. Women's Prayer

10.10a Women's recitation

Women's recitation in the Qur'an should be quieter than that of men.

[The woman is quieter than man so that only she can hear herself, like the talbiyya. The loudest of her loud and quiet recitation of it is the same, and it is that only that she can hear herself. According to this, she is the same silently and aloud, i.e. the silent is not lower than that which is done with the movement of the tongue, i.e. with how a man recites silently. ]

10.10b. Difference from men's prayer

Otherwise they do the prayer in the same way as men except that they should keep their legs together and their arms close to their sides and keep themselves as gathered as possible when sitting and in sujud and in the whole of the prayer in general.

[ She is like the man in the prayer except that she keeps her legs together and arms close in. She does this out of fear of breaking wind because she is not like the man in retention. She has a certain looseness. If her legs were apart, she might break wind which would break wudu'. This is also true of ruku' and she does not put her arms out like a man. What the author mentioned is the transmission of Ibn Ziyad from Malik which is contrary to the statement of Ibn al-Qasim in al-Mudawwana because he considers the man and woman the same in the form. That which the author mentioned from the transmission of Ibn Ziyad is preferred and the words of Ibn al-Qasim are weak.]

10.11 The Witr and nafila prayers at night

10.11a The Shaf'i and Witr

Then you pray the Shaf'i (even) and Witr (odd) outloud.

[After 'Isha', you pray the shaf'i prayer which is two rak'ats. There are positions about whether it a precondition that it have a specific intention or whether any two rak'ats enough. The evident one is the second based on that fact that it is valid that the Prophet said, "The prayer at night s in ones and twos. When one of you fears the approach of Subh prayer, he should pray the one rak'at of the witr to make odd what he prayed". After the two rak'ats, he prays the witr. It is a confirmed sunna in the famous position. It is said that it is obligatory and that it is the most confirmed of the sunnas. It is a stronger sunna than the 'id, and stronger than the Eclipse and Rain prayers The two rak'ats of tawaf are stronger than the witr. As for the funeral prayer, it is less than the witr and more than the 'id. Abdu'l-Baqi demonstrated that the funeral is more confirmed than the witr.

In the best position it is a single rak'at after the shaf'i. The place of its excellence is after the shaf'i. There are two statements about whether the shafi`i is a precondition of completeness or a precondition of validity. The first is taken by the author of al-Jawhar and Ibn al-Hajib. Al-Baji clearly stated that it is well-known. The second is that he does a witr without the shafi'i. Ashhab says that he repeats his witr after the shaf'i as long as he has not prayed Subh, i.e. by way of sunna. When we say that the shafi'i must be put first it means its being before it is a precondition of validity. It must be connected to the witr. A small gap is permitted. There are two positions about whether a long gap is permitted.]

10.11b. Night nafila prayers

In the same way it is recommended to do nafila prayers at night outloud whereas nafila prayers during the day should be done to yourself although if you say them outloud during the day it is still acceptable.

[This means it is permitted. Ibn al-Hajib related to statements about it being disliked.]

10.11c. Number of rak'ats for shaf'i

The least number of rak'ats you can do for the shaf'i is two.

[There is no limit to its maximum.]

10.11d. Recitation in the shafi'

It is recommended that you recite the Fatiha and Sura al-A'la (87) in the first rak'at and the Fatiha and Surat al-Kafirun (109) in the second followed by the tashahhud and the salam.

[ After the salam, you stand for the witr. It is recommended that they be separated by a salam based on the previous hadith and the Maliki School.]

10.11e. Recitation in the Witr

You then pray the single rak'at of witr, reciting in it the Fatiha, Surat al-Ikhlas and the two suras of protection. [113 and 114.] If you do more than one pair of rak'ats for the Shaf'i you do the Witr at the end.

[ This recitation is recommended. Qadi Ibn al-'Arabi said that the one who strives recites in it the end of his hizb and others recite Ikhlas. The accepted position which the author mentioned is based on what Abu Dawud and others related. 'A'isha was asked what the Prophet recited in the witr. She said, "He used to recite al-A'la in the first, al-Kafirun in the second and Ikhlas and the suras of protection in the third. It is clear that this answer does not conform to the literal words of the question because it literally was whether he did the witr with three or something else. So perhaps she understood that the asker meant what the Prophet recited in his witr.]

10.11f. The night prayers of the Prophet

The Messenger of Allah, may Allah bless him and grant him peace, used to pray twelve rak'ats at night making the number odd by praying one rak'at at the end. It is also said that he did twenty rak'ats making the number odd by adding one rak'at at the end.

[There are sound transmissions in the Sahih, i.e. from the hadith of 'A'isha and there is no contradiction between the transmission of 12 rak'ats and that of 11 rak'ats because the Prophet used to begin his prayer with two quick rak'ats after wudu' and sometimes they were considered part of his devotions. So sometimes she reported 12 and sometimes did not because they were connected to wudu' and the release of the knot of shaytan, and so she reported ten rak'ats. Standing at night or tahajjud was an obligation in respect of the Prophet and recommended for us since he said, "You should stand at night. It is the habit of the righteous before you and an act of nearness for your Lord and an expiation of evil deeds and prevents wrong actions.]

10.11g. Best time

The best time for doing night prayers is the last part of the night.

[This is for the sake of tahajjud according to Malik and his followers based on what is in the two Sahih collections where the Prophet says, "Our Lord descends every night to the lower heaven when a third of the night remains. He says, 'Is there any who calls on Me so that I can answer him? Who asks of Me so that I can give to him? Who askes My forgiveness so that I can forgive him?" Ash-Shafi'i singled out the middle of the night by the report that the Prophet Da'ud used to sleep half the night and stand in prayer for a third of it and then sleep a sixth. Then it is established that the end of the night is better.]

10.11h Delaying night prayers

For this reason it is better to delay your nafila night prayers and your Witr until the last part of the night. However, if you are someone who does not usually wake up in time you should do your Witr, along with any nafila prayers you want to do, at the beginning of the night

[ This is based on what is in Muslim and elsewhere from the marfu' hadith of Jabir: "Anyone who is afraid that he will not get up at the end of the night should do his witr at its beginning. Anyone who intends to get up at the end of night, should do the witr at its end. The prayer at the end of the night is witnessed" i.e the angels of mercy attend it. The upshot is that it is recommended to delay the witr in two cases if it is his custom to wake up at the end of the night or whether he does or does not is equal. It is prayed before in one case. which is when he usually sleeps until Subh.]

10.11i. Prayers after the Witr

and then if you do wake up in the last part of the night you can do whatever nafila prayers you want to in pairs, but you do not repeat the Witr.

[ If someone does not usually awake up and does his witr before and his nafila as is best for him, and then he later wakes at the end of the night, he can do whatever nafila he wishes because the fact that he has already done the witr does not keep him from beginning prayers after it. However the place of that is when he has the intention of nafila after the witr or during it, not that it happens before he begins the witr. If he intends to do nafila after the witr before the witr, that is not permitted. Indeed it is disliked. The best is for the nafila to be in pairs of two rak'ats based on the hadith about the night prayer being in twos. Then when he finishes his nafila, he does not repeat the witr since doing it after 'Isha' was valid and it is feared that it is disliked for him to repeat the witr since the Prophet said, "There are not two witrs in the night," as Abu Dawud and at-Tirmidhi transmitted it.]

10.11j. Oversleeping

If you normally pray at the end of the night but oversleep, you can still do your night prayers overlapping the time of Fajr up to when it begins to get light.

[ Connected to oversleeping is the one becomes unconscious, insane, or menstruates and then the excuse disappears at dawn. He did not deliberately delay it and so he does not have to pray it, even if he is able to do it with Fajr and Subh before it gets light. He is permitted to do it between dawn and light. The precondition for doing it is that he does not fear that it will get light and that he slept through it by being overcome and that he does not fear missing the group. If he lacks its precondition, he omits it and prays Subh without the shaf'i and witr because they are done after Fajr without any precondition.

When someone sleeps through his normal prayers until after Fajr, he does the witr because it has two times, ikhtiyari which is after the 'Isha' prayer until dawn, and a daruri time from dawn until he prays Subh according to the well-known position by the one who says that the witr is not prayed after dawn]

10.11k Praying witr late

Then you pray your Witr and do Subh.

[If he prays Subh and omits Fajr, he prays it after the time of the nafila. This is if there is enough time for three rak'ats. If there is only enough time for two rak'ats, he leaves the witr and prays Subh in the well-known position. Opposite it is the statement of Asbagh that he prays the witr as one rak'at and one rak'at of Subh before the sun. If there is only enough time for one rak'at, then Subh is incumbent by agreement. If there is enough time for five or six, he prays the Shaf'i and witr and Subh and omits Fajr. If it is ample enough for seven, he prays all.]

10.11l. Witr after Subh

If you remember that you have not prayed Witr after you have done Subh you do not make it up.

[The like of it is in the Muwatta' from a group of Companions. If he forgets the witr and remembers it in the Subh prayer, it is recommended that he step in the famous view if he is alone and then pray the witr and then start the Subh prayer again, i.e. after he repeats the Fajr after the witr. It is even more so if he remembers the witr after the Fajr prayer and before beginning Subh. So he prays the witr and then repeats Fajr. It is the same if he has prayed Fajr and then remembers an obligatory prayer before Subh, it it is few. Then he repeats Fajr after he has prayed the missed prayer. If he is following an Imam, it is recommended that he continue, even if he is certain that if he stops the prayer and prays the witr, he will catch the excellence of the group. There are two transmissions about the Imam. One is that he stops and the other that he does not. According to the position that he stops, does he appoint a deputy based on an analogy with minor impurity or does he not do so based on analogy of what was mentioned of a prayer in a prayer. According to the statement that he does not appoint a deputy, does the one following stop or not? He appoints and they complete their prayer. This disagreement about stopping or continuing is when the time is ample. If the time is short, he continues without disagreement.]

10.12 Entering the Masjid

10.12a. Two rak'ats

If you are in wudu' when you go into a Masjid you should not sit down until you have prayed two rak'ats

[ When you enter a Masjid, it is disliked to sit before praying and this is not eliminated by the fact of sitting. If he enters often, then the first is enough for him if he returns to the Masjid soon by custom. Otherwise he should do it again.

These two are a greeting for the Masjid which is meritorious and is accepted. Ibn 'Abdu's-Salam said that they are sunna. The basis for this is the words of the Prophet, "When one of you enters the Masjid, he should not sit down until he has prayed two rak'ats." (Muslim in the form of a prohibition) Al-Bukhari has it, "When one of you enters the Masjid, he should do two rak'ats before he sits, ' by way of command. This command is by way of meritorious action, not by obligation, and the prohibition is dislike and not prohibition.

There is no difference in the command to greet the Masjid on the Friday Masjid or others except the Masjid of Makka. In it he begins with the tawaf when it is demanded of him, even if by recommendation or it is desirable for someone coming from outside to do them first or who does not intend it. If he is Makka and does not have to do tawaf and does not desire it, but he enters it for the prayer or to visit the House and greets it with two rak`ats if it is the time in which the nafila is allowed. Otherwise, he sits like in any other Masjid. An exception is also the Masjid of the Prophet according to one of two statements of Malik that he begins with the greeting to the Prophet before beginning to bow and the other is that he begins with ruku' and Ibn al-Qasim recommends it and he is relied on because the greeting is the right of Allah and the greeting is a human right and the first is more confirmed.]

10.12b. The time

provided it is at a time when you are allowed to pray.

[A precondition for greeting the Masjid is that it is a time in which prayer is permitted. If a prohibited time has begun, like sunrise and sunset, the khutba for Jumu'a, after 'Asr and after Fajr, then it is obligatory that he does not pray in sunrise, sunset and the khutba, and desirable that he not pray after 'Asr and Fajr. If he begins the prayer in a prohibited time, then it is obligatory to stop and it is recommended in a disliked time.

It is recommended for the one who is not permitted to greet because of the prior impediments to say four times, "Glory be to Allah and praise belongs to Allah. There is no god but Allah and Allah is greater" and he performs the greeting with the fard prayer or, which is better, with a sunna or desirable prayer. He obtains the reward if he intends the greeting and the fard.]

10.12c. Fajr taking their place

If you go into the Masjid before you have done the two rak'ats of Fajr they take the place of those two rak'ats. If you have already prayed the two rak'ats of Fajr before you go to the Masjid, there is a difference of opinion about what you should do. Some people say you pray two rak'ats and some people say you do not.

[ In such a case, the two rak'ats of Fajr suffice for the greeting of the Masjid and he does not pray the two rak'ats of greeting the Masjid before it. That is accepted position. It is also said that he prays them, but that is weak. If you said that time does not demand the greeting and satisfying the thing is a branch of demanding it, I said that this is based on the position that the greeting is demanded at this time. If you pray them at home and then go to the Masjid and find that the iqama for the prayer has not been given, there is disagreement about someone who prays the sunna of Fajr outside it. It is said that he prays two rak'ats and some say that the sits down before praying, and that is accepted.]

10.12d. No nafila prayers between dawn and sunrise

Between the break of dawn and sunrise there are no nafila prayers except the two rak'ats of fajr.

[i.e. and the regular prayers of the one who slept through them as was stated, the shaf'i and the witr absolutely, the funeral for the one it is not feared will putrefy, and the prostation of recitaiton are done before brightening, and so doing them in that time is disliked. When you fear the corpse will putrefy, it is no unlawful to pray over him at the time of prohibition and it is not disliked at the disliked time. When he fears that the corpse will putrefy and prays over it at the time of prohibition or dislike, the prayer over him is not repeated when it is permitted, whether he is buried or not. It is like tha in the prohibited time if he is buried. Otherwise it is repeated.

When the sun begins to rise, nafila are forbidden, including the funeral, the prostration of recitation and vowed nafgial to preserve the root until it has fully risen, and the dislike lasts until it has risen the length of a spear from the spears which are measured as 12 spans.]

This post has been edited by Hamoudeh: Feb 5 2005, 08:14 PM

[Hamoudeh]

Chapter Eleven: The Function of the Imam

11.1 The office of Imam

On leading the prayer and judgements concerning the imam and those who pray behind an imam

[This chapter clarifies who is the best person to be the Imam and who it is disliked to have as Imam. When someone prays alone, that takes the place of the group. It also clarifies one who joins alone on the night of rain. The judgement of the one following is that he recites with the Imam when it is silent and he stands at the right of the Imam when he is alone.]

[Hamoudeh]

Chapter Twelve: Various Aspects of the Prayer-01

[This deals with various topics which go beyond the prayer, like the one who is certain about wudu' and uncertain about breaking it, the one who cannot touch water by necessity or does not find anyone to bring it to him who does tayammum. ]

12.1 Clothing in the prayer

12.1a Minimum Clothing for a woman
The least amount of clothing in which is acceptable for a woman to do the prayer is a robe which cannot be seen through which is long enough to cover the tops of her feet and a head covering through which the hair cannot be seen.

[ Two things are necessary: a robe, and the descriptive words means either thick or enveloping. According to the second, it should be ample so that it covers the tops of the her feet.

The second item is a head covering. It is a garment with which a woman covers her head. Its precondition is the same as the long garment, in that it has to be thick and not transparent. If she prays in something which is lightly woven and transparent, and it is something which shows the 'awra without thinking, then she always repeats the prayer. If it only defines the 'awra, it is disliked and she repeats it within the time. The man is like the woman in that. So the woman must cover the top and soles of her feet and her neck and her hair. She is permitted to only show her face and palms in the prayer. The basis for that is the words of the Prophet, "Allah does not accept the prayer of a woman who has reached the age of menstruation except with a head covering" In one variant, "The Messenger of Allah was asked, "Can a woman pray in a robe and head covering without a waist-wrapper?" He said, "If the robe is ample and covers the tops of her feet."]

12.1b Minimum Clothing for a Man
The least which is acceptable for a man is a single garment,

[Without dislike if it is thick and conceals all his body. If it only covers his private parts, then his prayer is allowed but there is dislike.]

12.1c. What should not be covered
You should not cover your nose or your face in the prayer

[Neither a man nor woman should not cover the face in the prayer. All these things which are prohibited are disliked. ]

12.1d. Gathering clothes and tying back hair
nor should you gather up your clothes or tie back your hair especially for it.

[As for gathering up the clothes, it is disliked when it is done specifically for the prayer or because of fear that clothes might get dirty because that contains a form of non-humility. When he is working and the time for the prayer comes while he is like that, he is permitted to pray with what he has on without dislike.

As for tying back the hair, it is disliked if that is in order to keep the hair from becoming dirtied by the earth or he does that for the prayer, i.e. ties his hair for the especially prayer .]

12.2 Prostration on account of a mistake

12.2a Adding to the prayer

Any time you inadvertantly add something to the prayer you should do two sajdas after saying the salam and then do the tashahhud and say the salam again.

[ This is whenever the Imam, the one on his own or the one following makes a mistake in one of the suras or in what is prescribed for him in the obligatory or nafila prayer, according to what is in the Mudawwana as opposed to the one who said that there is no prostration in the nafila. Our evidence is in the words of the Prophet, "There are two prostrations for every forgetfulness." The result is that the nafila is like the obligatory except in five questions, silent and outloud: the sura is overlooked in the nafila rather than the obligatory. The fouth is when he raises his head from ruku', he completes it as a fourth in the nafila as opposed to the fard. The fifth is when he forgets a pillar of the nafila, and a long time has passed or he has begun an obligatory prayer or nafila, and has bowed - he does not have do do anything, as opposed to the fard, which he must repeat.

If you add something, whether outside the words of the prayer, like speaking inadvertantly, or an action of the prayer, like bowing and prostrating, you prostrate for the forgetfulness in the Sunna according to what is in the Mukhtasar and in at-Tiraz as the obligation of doing it afterwards. at-Tata'i said that.]

12.2b. Only two prostrations

[He does the two prostrations after the salam, even if there is more than one oversight as long as it is not a lot. Otherwise the prayer would be invalid whether it is from other than the words of the prayer, like speech out of forgetfulness and is lengthy. If it is part of the words of the prayer, there is not prostration for saying it forgetfully, as the prayer is not invalid if it is intentional, as when he repeats the sura or adds a sura at the end of it, unless the words are a fard. Then he would prostrate for forgetfulness. This is like when he repeats the Fatiha out of forgetfulness, even in the same rak'at. There is disagreement about whether the prayer is invalidated by deliberately reciting it. The accepted position is that it is not invalid.

Or he may add something which is not one of the actions of the prayer, as when he forgets that he is praying and eats and drinks. There is disagreement about that and it is said that all of them invalidates the prayer, whether a lot or not. It is said that if it is a lot, it invalidates, and otherwise it does not and is put right by the prostration.

Or it can be one of the actions of the prayer when there is a lot of it in the four rak'ats, like the four actual rak'ats based on what is well-known from Ibn al-Hajib and those who follow him. The rak'at is considered to be rising from ruku'. When he raises his head from the second in four, or the first in three or four in two, then the prayer is invalid. There are two positions about whether it is invalid by half of it. It is said that it is invalid, and it is said that it is not, and that is the accepted position. He prostrates for forgetfulness.

A lot in two is like two rak'ats. It is not invalidated by adding one rak'at in the famous position, like the two of Subh and Jumu'a, based on its being fard in its day. Opposite it is that it is only invalid by adding four rak'ats. It is like the four while travelling. They are not invalid except by adding four rak'ats. A lot in Maghrib is four rak'ats in the approved position that three is like four and its not invalidated except by adding four complete rak'ats.

12.2c. Missing out something

[If you miss something out of the prayer you should do two sajdas before saying the salam after having finished the tashahhud. You then do the tashahhud again and say the salam.

There is the case when the Imam or the one alone or the one following omit something which is a confirmed sunna, or the two minor sunnas, whether it is an actual decrease or uncertain one. The confirmed sunnas are those for which there are prostratations are eight:

1-Omission of recitation of more of the Qur'an than the Fatiha in the fard prayer, and so he prostrates for omitting that in the fard, but not in a nafila.
2-Reciting outloud in the prayers which are outloud, and he prostrates for omitting that in the fard, not the nafila since he can do them silently.
3-Doing it silently in its place. When he recites outloud in the place of the silent, he prostrates before the salam. This is related from the opinion of Ibn al-Qasim, but it is weak. What approved is that it is after the salam.
4-A takbir other than the takbir al-ihram. This is based on all of them being one sunna. As for the statement that each takbir is a sunna, which is what the author of al-Mukhtasar says and is stated in al-Mudawwana as well, he prostrates for omitting two takbirs.
5-The words, "Allah hears whoever praises Him." It is applies as what is before it does.
6-The first tashahhud and
7-and sitting for it. It is one sunna, and its words are one sunna, and the sitting for it is another sunna, and so it is composed of three sunnas.
8-The final tashahhud.

There is no prostration for other than these eight and the prostration before the salam is after the tashahhud. Then you finish the two prostrations and do the tashahhud a second time in the well-known position and then say the salam. It is preferred by Ibn al-Qasim and he stated that part of the sunna of the salam is that it follows the tashahhud. His words imply that he does not repeat the prayer on the Prophet. That is the case.]

12.2d. Not repeating the tashahhud

Some people say that it is not necessary to repeat the tashahhud.

[That is also related from Malik and 'Abdu'l-Malik preferred it because the method of one sitting does not have the tashahhud repeated in it twice.]

12.2e. Both omitting and adding

If you both leave something out and add something you do the two sajdas before the salam.

[If you leave out some of the confirmed sunnas and add something insignificant which was already clarified, then the prostration is also done before the salam, for instance, if he omits the tashahhud and sitting for it and adds a prostration. What the shaykh mentioned about prostrating only for omission first with the increase after the salam and prostrating only for increase after the salam is the position of Malik. Ash-Shafi'i says that he absolutely prostrates before the salam and Abu Hanifa says absolutely after it. Our evidence for the increase is that it is true that once he prayed 'Asr and said the salam after two rak'ats. Dhu'l-Yadayn stood up and said, "Has the prayer been shortened, Messenger of Allah? Or have you forgotten?" The Messenger of Allah stood up and did the rest of the prayer and then did two prostrations after the salam while sitting,

The evidence for the omission is that it is confirmed that he prayed Dhuhr and stood after the first two rak'ats without sitting. The people stood up with him. When he finished the prayer, people waited for the salam, but he said the takbir while sitting. He did two prostrations before the salam and then said it. Ibn 'Abdu's-Salam said, "Decrease overcomes increase when they are together." The hadith contains an indication of the prescription of the prostration for forgetfulness - it is two prostrations. The taslim done forgetfully does not invalidate the prayer. A slight gap after it does not invalidate it. Words of no use by the Imam and the one following do not invalidate the prayer.

12.2f. Forgetting to do the prostration of forgetfulness before

If you forget to do the two sajdas which should be done after the salam you do them whenever you remember them even if a long time has elapsed.

[ The prostration of forgetfulness which are after the salam should be done afterwards, even if it is a long time after the salam of the prayer, even after a month. The prostratation afterwards is to spite shaytan. So it is appropriate that he prostrate, even later.]

12.2g. Forgetting to do the prostration of forgetfulness before

If you forget to do the two sajdas which should be done before the salam

[As for the one before, it mends the omission in the prayer and should be in it or close after it. His words in the Mudawwana is that he does it, even if it is in the time which it is forbidden. If he remembers it in a prayer which is not obligatory in the time of prohibition, he delays it until the nafila. It is also clear that it if it is a consequence of the Jumu'a prayer, he does not return to the Masjid. The school, according to at-Tadili, is that he returns to the Masjid. The literal text of the Mukhtasar is that it is particular to returning to the Masjid for the prostration before rather than the one after it. It is the approved position. This is the literal text of the Mukhtasar because he says, "in the Masjid in the Jumu'a" in the context of the words about the prostration before.

The prostration before must be done in the Masjid in which the Jumu'a was performed if he misses the first rak'at of Jumu'a and rises to finish it and forgets the sura and leaves the Masjid and a long time has not passed. He returns to the Masjid in which he prayed Jumu'a. As for the one afterwards, if when he speaks out of forgetfulness or adds a rak'at by forgetfulness and forgets to prostrate until he has left the Masjid, he can prostrate in any Masjid.]

12.2h. Doing the two prostrations later

then you do them straight away so long as the prayer is not long over.

[This is when you remember them shortly after finishing the prayer - and this shortness is not defined according to the School. It is the position of Ibn al-Qasim. It is like that with length. One consults custom. Whatever the custom is acted on in in them. According to Ashhab, it is defined by not having left the Masjid.]

12.2i. After a long time

If quite some time has elapsed, however, you have to do the prayer again

[If it is a long time, then he repeats the prayer. This is obligatory because it is invalid since it is a result of omitting three sunnas. at-Tata'i says it is like forgetting the middle sitting, or three takbirs. This is if he omitted them by forgetfulness. If he left them deliberately, the prayer is invalid by simply omitting them according to al-Ujhuri. As-Sanhuri said that it is only invalid by length, even if he omits them deliberately.]

12.2j. Minor omissions

unless what you left out was not particularly critical such as only the sura which should follow the Fatiha or two takbirs or saying the tashahhuds or similar things

[ i.e. it consists of two slight sunnas like being silent or outloud, i.e. he prostrates for them, but when he omits that and a long time passes, his prayer is not invalid. This is when he comes to undertake it. Otherwise, it is invalid in this case becuse he omitted three sunnas. It is said that it is not invalid. If he does not do the standing for it. The words of al-Jazuli are useful in preferring the first. It is agreed that it is invalid since he left a sura in more than one rak'at. When the author says, "only the sura which should follow the Fatiha", even after the Fatiha, it is clearer so that it will not be imagined that the Fatiha is also omitted. "Similar things" are like the two praises. This is permitted as a mercy from Allah in the prevailing position, based on the fact that the specific expression is desirable. If he omits the two tashahhuds and sits for them because in that case his prostration is oly for two slight sunnas.

12.2k. When nothing is obliged

in which case you need not do anything.

[i.e. he does not have to repeat the prayer nor prostrate, i.e. even after a period of time, since it is the subject of the question of the author. It is known that the two slight sunnas are prostated for, but when a long time has passed, and he does not prostrate, he is not asked to prostrate or to repeat the prayer since it is for two slight sunnas. I know from what preceded that the prostration is prescribed to mend the gaps which occur in the prayer as if there is an extra ruku' or prostration through forgetfulness, or the omission of ruku' or prostration by forgetfulness, he repairs that omission before the salam. If he omits a confirmed sunna or two slight sunnas, he must prostration accroding to its circumstances, before or after to repair those gaps. There are gaps which occur in the prayer which are not mended by prostration, i.e. the prostration does not replace them - this is when he omits a pillar of the prayer.'

12.2l. When they are not sufficient

The two sajdas of forgetfulness are not sufficient to make up for missing out one full rak'at or sujud or failing to recite the Fatiha in two rak'ats of any prayer (or, in case of subh, one rak'at).

[ i.e. a full rak'at which he is certain that he omitted or is unsure of it during his tashahhud and before his salam. Then he must perform that rak'at. The manner in which he does is that he does it, building on the preceding rak'ats, even if that rak'at, is one of two, and he prostrates after that for the one before the salam because of moving one of the rak'ats since he is Imam or alone. If it is not one of two, then he prostrates after the salam after he does the rak'at for the increase, not the decrease.

If he omits a prostration or ruku' or rising from them and remembers that while he is standing, for instance, or doing the final tashahhud when he realises his omission or is unsure about it, and it is not possible to satisfy the fard in its place, then he does the unsure substitution and prostrates before the salam because the obligation in prostration is before. What is meant by doubt is hesitation and so it includes supposition, doubt, and uncertainty. This is in respect of obligations because doubt in decrease in them is like realising it in the obligation of bringing the unsure substitute as opposed to the sunnas. He does not prostrate for omitting them except when he is certain of missing them or it is equally balanced in his mind whether he did it or note.

In cases of failing to recite, he mentions that if someone misses out an obligation or pillar, he performs it, and what he mentioned of lack of mending by prostration for missing out a rak'at or prostration is agreed upon. What he mentioned of lack of mending by prostration for omitting the recitation of the Fatiha in the entire prayer is the position of the majority, and it is preferred. Opposite it is what al-Waqidi related from Malik that when recitation is omitted in the entire prayer, his prayer is allowed.

Al-Fakhani said that there are three positions about omitting recitation in half of the prayer, like one rak'at of a two rak'at prayer and two of a four rak'at prayer. The best known is that he continues and prostates before the salam and it is desirable that he repeat his prayer in order to be careful. The second is that he prostrates before the salam and it is enough for him. The third is that what he omitted of the recitation nullifies and he does the like of it and prostrates after the salam. This is what happens in the accepted position that it is obligatory in every rak'at. So it is accepted. Having claririfed this point, he moves on to its minimum omission:

12.2m. Missing the Fatiha in one rak'at

There is a difference of opinion about what you should do if you miss out the Fatiha in one rak'at in any prayer apart from Subh. Some people say that you only have to do the two sajdas before the salam; others say that the whole rak'at is invalidated and that you must do another rak'at to make up for it; yet others say that you do the two sajdas before the salam without doing another rak'at but then repeat the whole prayer to make sure of being correct.

[ This is like one rak'at of a three or four rak'at prayer. There are three positions, all of which are in the Mudawwana. One is that the forgetfulness in recitation is satisfied by the prostration as long as it is not Subh. It does not invalidate it and satisfies it. 'Abdu'l-Malik preferred this position based on the fact that it is fard in the majority or based on the fact that it is not obligation or that it is oblgiatory in one or half of the rak'ats.

The second is that the rak'at from which the Fatiha was omitted is invalid and he must do another rak'at to replace it. Ibn al-Qasim prefers this statement. This necessitates that it is obligatory in every rak'at. It is the approved statement. Ibn al-Hajib says that it is sound. Ibn Shas said that it is the famous transmission.

The third is two prostrations and no rak'at, but the prayer is repeated to be follow the one who says that it is obligatory in every rak'at. The third transmission is derived from the first. The author states that completing the first is obligatory and repeating the second is recommended for care, and it is only recommended.]

12.2n. The best judgement

This last judgement is the best if Allah wills.

[This is because it complies with the other two positions. His prostration before the salam and the prayer is not invalid, compiling with the position that it is obligatory in the majority, for instance, and repeating the prayer compiles with the second.

Two points from al-Fakhani: The first is that the shaykh does not mention the judgement of when he omits recitation from most of the prayer, say three out of four or two of out Maghrib. There are two positions in that. The best known is that he prostrates before the salam and repeats the prayer out of caution, i.e. it is recommended. In short, it is that if he omits most and half it is not invalid and he prostrates before the salam and repeats the prayer out of caution.

The second is the place of the prior dispute. All of it is about omitting recitation of the Fatiha when he misses the place where it is done. If he does not miss it in that he remembers before he raises his head from the ruku' he returns to his recitation.

There are two positions about repeating the sura. Al-Lakhmi recommends that it he be repeated, and it is the well-known position, as in at-Tawdih, either since it is sunna after the Fatiha or since it is sunna that it is only done after the Fatiha. It is apparent that the second statement, which is that it is not repeated, is not seen by Malik in the collections. He thought that the sunna was obtained by reciting it either before or after the Fatiha. Allah know best. Based on what al-Lakhmi preferred of repeating it, Sahnun said that he prostrates after the salam, i.e. for that increase in words. Ibn Habib says that he does not have to prostrate for it, i.e. he does not think a prostration is entailed for that increase in words. This is the predominant position. The author of at-Tawdih said that Ibn Habib's statement is sounder because there is no prostration for additional recitation by evidence, even if he recites two suras or recites a sura in the last two, as it says in at-Tahqiq.]

12.2o. No prostration for omission of a slight sunna or meritorious action

If you forget to say one takbir or to say 'sami'a-llahu liman hamidah' once or to do the qunut you do not have to do the sajdas of forgetfulness.

[Except forof the takbir al-ihram. As for not prostrating for one takbir, that is well-known. On that basis, if he prostrates for it before the salam, his prayer is invalid, unless he is following someone who believes that there is prostration for omitting that. Then his prayer is not invalid as it is not invalid if he omits the prostration after it. Ibn al-Qasim said that he prostrates for it, and what he mentioned of not prostrating for omitting the one praise is the School. There is no prostration for omitting the qunut. If he prostrates for it before the salam, his prayer is invalid.]

12.2p. Remembering omissions after finishing the prayer

If you finish the prayer and then remember that you left out part of it, you should go back to it straightaway by saying a new takbir al-ihram - provided that very little time has passed since you finished it -

[ This is if you finish with the salam, believing you have done the prayer in full, forgetting that you have omitted something. This is not incompatible with saying the salam intentionally. If he says the salam forgetting that he is in the prayer or that he is speaking the salam, then he is in the position of the one who did not say the salam, and so he catches what he omitted. If he finishes and then remembers with certainty or doubt, and what is meant is by uncertainty is supposition, doubt, or suspicion, and he remembers that he owes one of the obligatory pillars of the prayer like the ruku', prostration or sitting according to the salam. If he says the salam forgetting when rising from prostration, he sits for the amount of the salam and says the salam, and then goes back, i.e. intends to complete it if it is close to the time where he left. At-Tata'i said that literal position of the school demands that he prays where he is immediately. If he does not do so and prays in another place, his prayer is invalid.

When he resumes and intends to complete the prayer, he says the takbir al-Ihram, with his intention to resume accompanying the takbir. His outward words, "very little time has passed" is the transmission of Ibn al-Qasim from Malik. This is the accepted position. Opposite is that it is that if very little time has passed, he does not say the tahrim. The difference is about the takbir. There is agreement about the intention. When we said that he resumes with the tahrim, if he remembers while he is sitting, he says the tahrim as he is and does not have to stand. This is when he has left the prayer from the place of sitting. If he has left it in another place, like ending after praying one rak'at or three, except for Maghrib, he returns to rising from prostration and says that tahrim for it and does not sit. If he remembers while he is standing, there are two statements about his tahrim. In short, the early companions of Malik believed that he says the tahrim from standing because of because of immediacy. On that basis, there are two positions on whether he sits afterwards and then rise or not. Ibn Shiblun believed that he sits because it was the state in which he left the prayer. That is the accepted position. He does not say the takbir for that sittting. He sits without a takbir. When he sits, he says the takbir for ihram, and then he stands with the takbir which is done by the one who leaves the prayer after two. The place is that he sits is for ihram when he says the salam after two. As for the one who says the salam for one or three, he returns to the state of his rising from prostration and says the tahrim and does not sit since that is the place of his sitting. It is desirable for him to raise his hands when the takbir is said.

12.2q. Doing what was missed out

and then do whatever it was that you missed out.

[After the takbir al-ihram, he prays the rest of the prayer when he says the salam with certainly that his prayer was complete. If he said it either knowing that his prayer was not complete or being unsure whether it is clear that it was complete or incomplete, then the prayer is invalid. You know what happens if you remember after you said the salam. When you remember it before the salam, and it is in the last rak'at, he is either in ruku' or not. If he is in ruku' he does it standing. If he has come up from ruku', he does it fixed. If it is in prostration, he does from a sitting position, or from two, then he does them from standing. If he does them from sitting out of forgetfulness then he prostrates before the salam because of the lack of going down for them which is not obligatory. Otherwise, it would not be mended by the prostration of forgetfulness. It is disliked to do that deliberately as Zarruq said.

If what is omitted is not in the last, he does it as we stated when it is in the last in sitting or standing or bending and he has not completed the rak'at after the rak'at which has an omission, when he finishes it, he has misses it and puts what he has done in its place when he is alone or an Imam. What we mentioned is that he does the omitted obligation if he can catch it. If what was omitted was the intention and the takbir al-ihram, they cannot be caught because if they are forgotten, there is no prayer. If he forgets one of them, he starts the prayer from its beginning. Know that the unsure omission is like the definite one, What is meant by doubt is hesitation. As for in the sunnas, he only considers certain omission or where the doubt is equally balanced, not suspicion.]

12.2r. After a long lapse of time

If, however, a long time has elapsed or you have left the Masjid, you must begin the whole prayer again.

[If you rememeber after a long time has passes after finishing the prayer, which is defined by custom according to Malik and Ibn al-Qasim or you leave the Masjid according to Ashhab, you must begin again because one of the preconditions of the prayer is that all of it is at the same time.]

12.2s. Forgetting the salam

That is also the case if someone forgets the salam.

[He returns to sitting if it is soon and says the takbir al-ihram while seated and says the tashahhud. He brings the salam and prostrates after the salam, even if that is has been a long time or he has left the Masjid where he began his prayer and his place. He says the takbir al-ihram while seated and the tashahhud and brings the salam when he remembers the salam after leaving the place. If he remembers it soon while he is sitting facing qibla, he says the salam where he is and does not need a takbir by which he says the ihram and he does not say a tashahhud. If he turns from it, they prayer is not invalidated if he faces it and says the salam He does not owe the takbir al-ihram, or the tashahhud and he must prostrate after the salam for forgetfulness.]

12.2t. Uncertainty about the number of rak'ats

If you do not know whether you have prayed three or four rak'ats you build on what you are certain of, repeating anything you are unsure about, in this case praying another rak'at to make sure of having prayed four. You then do the sajdas of forgetfulness after the salam.

[ He prays until he is uncertain. So if he is certain about three, and unsure about the fourth, complete discharge of responsibility is only obtained by four. That is what the author means, "He repeats anything he is unsure about". He prostrates after the salam in the famous position. Ibn Lubaba said that he prostrates before the salam, and it is the literal interpretation of what is in the Muwatta' and Muslim where the Prophet said, "When one you is unsure about his prayer and does not know whether he has prayed three or four, he should remove the doubt and build on what he is certain about and then do two prostrations before the salam."]

12.2u. Speaking inadvertantly in the prayer

If you speak during the prayer inadvertantly, you also do the sajdas of forgetfulness after the salam.

[This is if the Imam or the individual speaks a little in the prayer, forgetting he is in the prayer or that he is speaking. If he speaks deliberately, his prayer is invalid unless it has no purpose and so it is not invalid unless it is a lot in himself. A lot is known by custom. Then he prostrates after the salam because it is increase and is mended by the prostration. Forgetfulness excludes the intentional, ignorant and the one forced, and the one who is obliged to speak to rescue a blind person, for instance. Their prayer is invalid.]

12.2v. Uncertainty about having said the salam

If you are not sure whether you said the salam or not, you say it and do not do any sajdas of forgetfulness.

[He does not rise from his place. If it is near the tashahhud, and does not prostrate for forgetfulness because he said the salam, and his prayer is complete. The second salam occurs outside the prayer and so there is no reason for prostration. If he did not say the salam, he says it now, and no forgetfulness occurs from him for which he prostrates. When it is near, but he has moved from his place, i.e. has not turned from qibla, he says the takbir again, the tashahhud and the salam and prostrates after the salam because of the increase. If he has not moved but turned from qibla, he faces it and says the salam and does not do the tashahhud or tahrim and prostrates after the salam.]

12.3 Constant Doubts

12.3a The case of someone subject to constant doubts

Anyone who finds themselves thinking all the time that they have made a mistake in the prayer should pay no attention to their doubts.

[ If this happens, it is obligatory to ignore it and he should rely on what he feels in himself about that because it is a test from Shaytan. When it has power over the heart, no action ever succeeds with it and so the useful remedy for this disease which brings about confusion is to turn away and the most beneficial remedy is to remember Allah: "As for those who are godfearing, when they are bothered by visitors from Shaytan, they remember. " (7:201) When he says to him, for instance, "You have only prayed three," so he says, "I have only prayed four and my prayer is sound."]

12.3b. What he does

They do not have to do anything in reparation but they should do the two sajdas after the salam.

[If he repairs and builds on what he is certain about, his prayer is not invalid as al-Khattabi said. Perhaps his reason is that the basis is building on certainty. He ignores the person with constant doubts to make things easier for him. According to Ibn al-Qasim, it is recommended that he prostrate after the salam because is more like an addition if someone is like this since when he is unsure about whether he prayed three or four, he might well pray five.]

12.3c General position about people with doubts

This refers to people who find this happening a lot and who are continually in doubt about whether they have added something to the prayer or left something out and never feel certain that they have prayed correctly.

[ i.e. doubt occurs very frequently, and he is always unsure about whether he omitted or forgot. The end of the excuse in it is that he does not have to prostrate by way of the sunna. This does not contradict the fact that it is recommended for him to prostrate.

Know that a lot is considered to be when this occurs to him in every prayer or every wudu', or once to twice every day, or when it comes one day and stops, or two days and then stops in the third. That is the person with frequent doubt. If it comes two days and then stops on the third, that is not someone with continual doubt, as when it comes to him one day about wudu' and one day about the prayer: he is not someone with continual doubt because the doubt about the means, like wudu' does not include doubt about aims, like the prayer. ]

12.3d. What such people do

They should only do the two sajdas after the salam. On the other hand if they are certain that they have made a mistake they should make the appropriate reparation and do the sajdas of forgetfulness.

[ He only has to prostrate after the salam only. However, if someone is certain that he is omitted something which would invalidate a rak'at, i.e. he is certain that he had forgotten a prostration or ruku' and failed to catch it, as when he remembers while he is in the final tashahhud, for instance, he does a rak'at in place of that which was corrupted and then he prostrates. If the rak'at in which he forgot is one of the first two, he prostrates before the salam, because he has both increase and decrease. The increase is the rak'at which he nullified and sitting in other than its proper place. the decrease is by omitting the sura because he brings a dubious rak'at by building, i.e, with the Fatiha only. If it is one of the last two, he only has increase and so he prostrates after the salam.]

12.3e. Always making the same mistake

If someone is always making a particular mistake in the prayer and this happens a lot, he should make the appropriate reparation but not do the sajdas of forgetfulness.

[ If he often forgets something, as when it becomes his habit to always forget the first sitting, or to forget the prostration, he puts it right. The reparation of that has two aspects: one is that he missed the place of catching it and the second that he did not. The example of the first is the one is someone who habitually forgets the second prostration of the second rak'at, for instance, without it being a two rak'at prayer and he only remembers after the salam or after starting the third. He does a rak'at in the first and does not prostrate and the third becomes the second and he does not prostrate. The example of the second is when he remembers in the fard before he starts the third. These two aspects are included under "appropriate reparation". He does not prostrate for his forgetfulness.]

12.3f. Standing up directly after prostration

If you begin to stand up directly from sujud at the end of two rak'ats you should sit back down again as long as your hands and knees have not left the ground.

[Meaning you move to rise. We do not take it literally so that it does not contradict with his words "after he goes back" because it literally means that he does not stand up after two of the obligatory prayer, omitting the sitting and whoever obliges that he omits the tashahhud. When he sits and stands up forgetting the tashahhud, he does not go back nor prostrate for it. It is agreed about when his hands and knees have not left the ground, so it applies even more if only his hands or knees have left the ground. Then he does the tashahhud and completes the prayer and does not have to prostrate because of the insignificance of that. If he continues to stand up deliberately, his prayer is invalid in the well-known position because he omitted three sunnas deliberately. If he continues out of forgetfulness, he prostrates before the salam.]

12.3g. What is done in this case

If they have you should continue on up and not go back down and then do the sajdas of forgetfulness before the salam.

[ If his hands and knees have left the ground, he continues. If the time of omission has been a long time and he has not prostrated, his prayer is invalid. This is true in two cases: one is when he leaves the earth with his hands and knees without standing up straight and then remembers after he has left the earth. The second is that he has left the earth and stood up straight. The judgement in it is the same: he continues and does not go back and then he prostrates before the salam. However if he differs and returns to sitting in the first instance deliberately, forgetfully or by ignorance, his prayer is not invalid and he prostrates after the salam for the addition.

In the second case, if he deliberately returns to sitting, the Tawdih states that is well-known that it is sound, and he prostrates for it after the salam for the addition. If he returns by ignorance, Sahnun is reported in an-Nawadir as saying that his prayer is invalid. Ibn al-Qasim related that he continues his prayer and then prostrates. If he goes back, he does not rise until he does the tashahhud .

If he abandoned the tashahhud deliberately after returning, then his prayer is invalid according to Ibn al-Qasim, but not of Ashhab. Perhaps the words of Ibn al-Qasim is based on its being invalid by deliberately abandoning a sunna which differs from from Ashhab. It is like that in some commentaries on Khalil. If he goes back inadvertantly, there is agreement that his prayer is not invalid. He prostrates after the salam.]

12.4 Missing a Prayer

12.4a. Missing a prayer

If you have missed a prayer you should do it as soon as you remember in the same way that you would have done it if you have done it at its right time.

[ If you remember a prayer which you forgot, or slept through or deliberately omitted in the well-known position of the School, you must make it up without any disagreement in the case of the forgotten prayer, and the recognised position of the School in the case of the the deliberately omitted prayer. The basis for that is what Muslim related that Prophet said, "If anyone forgets a prayer or sleeps through it, its expiation is that he pray it when he remembers it."

When you remember is whether it is in night or day at the sunrise and sunset, i.e. whenever you are certain or think that you have omitted it. As for when you are unsure, and things are equally balanced, it must be made up, but you avoid those times of the prohibition, as is obligatory in the forbidden times and desirable to forbid the disliked times. As for a suspicion of omission or logical possibility, it is neither obliged nor desirable to make it up in such cases. It is clear from the words of the author that it is obligatory to make up missed prayers immediately, and it is not permitted to delay except for an excuse.

He does the number of ruku' and prostration and its forms - silent or aloud and does the qunut if it is Subh and does the iqama for every prayer. If he forgets it on a journey, he makes it up as on a journey. If he forgets it while resident, he makes it up as resident. He the time of making it up and missing it differ in respect of health or illness, he takes account of the time when he is making them up. If he misses it while healthy and is ill when he makes it up and can only make the intention or indicate with gesture, he makes it up with intention or gesture and does not defer it because he might die. If this is adequate in performing the prayer, it is even more proper that it be adequate when making up a prayer.]

12.4b. Repeating prayers done after the missed prayer

If you have already done the prayer of the time you are in you should do it again after making up the prayer you missed.

[ Then after making up the missed prayers, you repeat the current prayer when it is within its time. This applies equally to the Imam, the one praying alone, and one following. It is desirable for each of them to do it if he remembers a small number of missed prayers - four or five - after he has prayed the current prayer and there still remains enough time to repeat the current prayer after making up what he forgot of a small number of missed prayers. The example of that is if he forgets Maghrib of the day before, for instance, and remembers it after he has prayed Subh the following day and before the sun rises. He prays Maghrib and repeats Subh, but does not repeat 'Isha' since its time has gone. If he remembers Maghrib after sunrise, he does it and does not repeat anything at all.

If he has prayed the current one and then remembers several missed prayers, six or five, he does not repeat the present prayer after he makes up what he missed.]

12.4c. If there are a lot of prayers to make up

If you have a lot of prayers to make up you can do them at any time of the day or night, including sunrise and sunset, according to what is convenient in your particular situation.

[ If he has forgotten them, or slept through them, or intentionally left them, he makes them up at any time of the day or night, even at sunset and sunset. He first spoke about a few prayers and here about many, and repeats his words about sunset and sunrise to indicate Abu Hanifa who says that only Subh of the day can be prayed at sunrise and at sunset only 'Asr of the day. His evidence is the previous hadith. However he indicates that hardship is removed when they are made up without laxness. Then he indicates the second part:]

12.4d. Less than five prayers to make up

If the number of prayers you have to make up is less than five you should do them before doing the prayer of the time you are in even if that means going over the time of that prayer.

[ If the number of prayers is less than the prayers of a 24 hour day, then he is obliged to do them before the present prayer. Included in this is the one who owes Dhuhr and 'Asr, or Maghrib and 'Isha', and only has enough time for the last. Nevertheless he must do the first. If he does the present prayer first, then it is valid although it is a wrong action to do it intentionally rather than out of forgetfulness, and he does not have to repeat when the time has gone. Thus he does the missed prayers even if that entails missing the current prayer. This is the well-known position. Ibn Wahb said that he begins with the current prayer.]

12.4e. Several missed prayers

If the numbers of prayers you have to make up is greater than this and you are afraid that if you do them you will not be able to do the prayer of the time you are in in its time, you should pray that prayer first.

[ Then he begins to clarify the judgement of the order of several missed prayers with the current prayer. It is if he misses, according to what the shaykh says, five or more, or according what al-Maziri states, six or more. It is understood from his words that when he does not fear missing the current prayer, he begins with the omitted ones. This is the position of Ibn Habib. The accepted is what Ibn al-Qasim related that he begins absolutely with the current prayer, whether the time is narrow or wide, but it is obligatory when the time is short and recommended when it is wide. Then he moves to speak on the third category.]

12.4f. Remembering a missed prayer while praying

If, while you are doing a prayer, you remember having missed a previous prayer, the prayer you are doing becomes invalid.

[ If he remembers a few prayers, which are those which must be in order with the current prayer while doing an obligatory prayer, then the prayer becomes invalid and so he must stop it. It is not actually that it is invalid. Ibn Naji says that it means that it is obligatory to stop the prayer. This statement is the literal position of the school as he said in at-Tawdih. It is said that it is recommended. The famous position is what is in al-Mudawanna that he continues with the Imam and repeats it, and there is disagreement about the obligation to repeat the prayer, i.e. based on the fact the order between a few prayers and several ones is an obligation of the precondition. It is well-known in al-Mukhtasar that he repeats it in the time, i.e. it is not obligatory to repeat it in the time, but it is recommended.

In short, when the Imam or the one praying alone remembers a few missed prayers before performing one rak'at with its prostrations, he must stop. It is also said that it is desirable. If he has performed one rak'at with its prostrations, it is recommended that he make it double. It is said that it is obligatory. The one following follows his Imam in that. There is no difference between four and two, like Subh, Jumu'a, and the shortened prayer. The literal meaning of the Mudawwana is that Maghrib is like the others and he makes it double if he has done one rak'at. This is not relied on. Rather he completes Maghrib. That is what Ibn 'Arafa prefers. If he remembers it after completing two full rak'ats of Maghrib with their prostration, he completes it with the intention of the obligation. If the one following remembers a few missed prayers, he continues with his Imam. Then it is desirable for him to repeat it within the time. There is no difference whether the repeated prayer is a Jumu'a or other and he repeates it as Jumu'a is possible. Otherwise it is Dhuhr.]

12.5 Invalidation of the Prayer in Certain Cases

12.5a Laughing

If you laugh while doing a prayer you have to repeat the prayer

[This is laughing with sound. It is obligatory to repeat the prayer because it is invalid by agreement if it is deliberate, whether it be the Imam, person following or individual. According to the well-known position, it is the same if it is inadvertant or from being overcome. Opposite it is the position that it does not impair it, based on analogy with speech. Ibn Naji said that the literal meaning of his words would be even if he laughs silently at what Allah promises the believers as when he reads an ayat which describes the people of the Garden and laughs out of happiness.

Based on the well-known position about the inadvertant and being overcome, the Imam should delegate someone and then become a follower and then it is obligatory to repeat it after that within the time. What is meant inadvertance forgetfulness, as when he forgets that he is doing the prayer. ]

12.5b. Laughing does not break wudu'

but you do not have to do wudu' again.

[This differs from Abu Hanifa who says that laughing breaks wudu' as it invalidates the prayer except in the funeral prayer where it only invalidates the prayer. The one following is different from the one alone and the Imam in such a case.]

12.5c. If you laugh behind an Imam

If this happens when you are praying behind an imam you complete the prayer with him but then do it again afterwards.

[ If someone laughs in a prayer behind an Imam, it is recommended that he continue to observe the prayer. It is said that it is obligatory, and the one who follows continues limited by the first so he cannot leave while laughing, but is overcome. It is the same if he does it by forgetfulness. If he is able to leave, he does not continue. The second is that he did not laugh intentionally. Otherwise he does not continue in being overcome and forgetfulness afterwards. The third is that he does not fear by continuing that the will miss the time. Otherwise he stops. The fourth is that the laughter of those following, all or some, does not oblige that it continue. Otherwise, he stops, even if he suspects that. The fifth is that he it is not Jumu'a Otherwise he stops, even if the time is ample.]

12.5d. Smiling

If you merely smile no reparation is necessary.

[If anyone praying only smiles while praying, he does not have to prostrate for forgetfulness nor does the prayer become invalid when it is intention or done through ignorance, although it is disliked to do it intentionally. If it is a lot, then the prayer is invalidated, even if it is due to forgetfulness because the smile is the movement of the lips and so it is like the movements of eyelids or feet.]

12.5e. Blowing

Blowing in the prayer incurs the same judgement as talking - if it is intentional it invalidates your prayer.

[It invalidates it if it is deliberate and done by ignorance, but does not when it is by a slight forgetfulness, and he prostrates after the salam. It is not a precondition for the invalidation on account of blowing that two letters appear from him nor one letter. It is clear from that what is meant is blowing with the mouth. When it is done with the nose, it does not invalidate the prayer, even if intentionally, and there is no prostration for its forgtfulness. The evidence for invalidation is what is related from Ibn 'Abbas who said that blowing in the prayer is speech, and so it invalidates it.

It is agreed that clearing the throat out of necessity does not invalidate the prayer nor is there prostration for it. There are two positions about when it is not necessary by Malik, which distinguish between the intentional and forgetful. The other statemeent is that it absolutely does not invalidate it. Ibn al-Qasim takes that position and al-Ujhuri and al-Lakhmi prefer it since it is insignificant.

The school is that the sigh on account of illness does not invalidate the prayer, even though it is one of the sounds which are connected to speech because it is the place of necessity. Bahram and at-Tata'i said that. It is like that with weeping. When it is not accompanied with sound, it does not invalidate when it is used to humility, i.e. it is a precondition that he be overcome. In short, what is connected to weeping is when it is without sound that it does not invalidate, whether it is by choice or being overcome by humility or not unless there is a lot of volition in it. That which is has sound invalidates, whether it is by humility or affliction if it is by choice.]

12.5f. Mistake about qibla

If you make a mistake regarding the direction of qibla you should do the prayer again if there is still time.

[These refers to any of the people of ijtihad with evidence of the direction of the Ka'ba. It includes the one who imitates someone else of good reputation and knowledge, or a mihrab when he is outside of Makka or Madina and strives in the direction which he thinks is it since he has tokens of it. So he prays in that direction and then it becomes clear to him after he has finishes the prayer that he was wrong about the direction of qibla, so that he had his back to qibla or deviated a lot from it. It is always recommended that he repeat the prayer within the ikhtiyari time. If he prays without striving, then must repeat the prayer even if he gets it right. ]

12.5g. If there is impurity on clothes or the place

The same applies if you do the prayer in clothes with some impurity on them or pray in an impure place.

[Or if there is impurity on the body and you then remember that impurity after finishing the prayer, then the prayer is repeated in the time. The time for Dhuhr is until yellowing and for Maghrib and 'Isha' it is the entire night.]

12.5g. Wudu' with unacceptable water

The same also applies if you have done wudu' with water whose colour, taste, or smell has definitely changed, you must do the prayer again however much time has elapsed and of course repeat your wudu'.

[ If he does this out of forgetfulness with impure water, which is that which has changed, as a small amount of water into which something impure has fallen and not changed and he does not remember until he has finished his prayer. If he remembers it during the prayer, then it is invalid simply by remembering it. The recommendation is dependent on remembering it. His words are based on his school, which is that a little matter in which impurity has fallen and has not changed is impure. The accepted position is that it is not impure. On that basis, he does not have to repeat it at all. ]

This post has been edited by Hamoudeh: Feb 5 2005, 08:14 PM

[Hamoudeh]

Chapter Twelve: Various Aspects of the Prayer-02

12.6 Joining prayers

12.6a. Joining Maghrib and 'Isha'

You are allowed to join Maghrib and 'Isha when there is heavy rain and also if the night is muddy and very dark.

[What he mentioned about joining on a rainy night is an indulgence upon which the author of the Mukhtasar proceeds, and does not make its judgement clear. Is it allowable, which is the literal meaning of their words, but not the most appropriate whih is the occurence of the prayer in its time?

Linguistically allowance is to make easy. In the Shari'a it is to permit something forbidden when a preventative reason exists, i.e. if it were not for the existence of that difficulty, and the preventative reason here is that it can be done in its time. Part of what the author mentioned as a reason for joining is well-known, and it is rain. Rain is a reason for joining Maghrib and 'Isha' according to the famous position provided that it is a lot of rain. It is that which causes average people to cover their heads, whether it falls or is about to fall which is known by the conditions. Snow and cold are similar to rain.

It is agreed that another reason for joining is mud and darkness. What is meant is thick mud and darkness means a night without moon. If the clouds cover the moon, then it is not darkness, and the prayers are not joined for that. It is evident from the words of the author that the prayers are not joined for darkness alone nor for mud alone. That is the case. The people of the school agree that the prayers are not joined for darkness alone. As for mud, al-Qarafi states that the well-known position that they are not joined. To summarise, his position is that the allowance between Maghrib and 'Isha' is that only these two prayers can be joined. That is indeed the case. Ibn al-Hajib said that .

12.6b. How joining is done: when it is done

When this is the case the adhan for Maghrib is called at the beginning of the time outside the Masjid. Then, according to Malik, you should wait a little,

[ The well-known position of Malik is that you wait a little. Ibn 'Abdu'l-Hakim and Ibn Wahb disagrees, but this is the well-known position. Maghrib should be delayed a little so that those whose houses is far from the Masjid can come to the Masjid.]

12.6c. The iqama for Maghrib of the joined prayers

then call the iqama inside the Masjid and do the prayer.

[After this short delay, it is sunna to give the iqama for the prayer inside the Masjid. It should not be long in the well-known position because it should be shortened in other instances and so it is more appropriate here. Ibn al-Hajib said that joining should be intended in the first. There are two statements about when he delays it to the second, i.e. about whether or not it is allowed. Both agree that the intention should be with the first and the dispute is whether it is allowed when it is in the second, being obligatory that he intend it then. In short, its place is the first and it is demanded of the Imam and the follower. If the follower omits it, it is not invalid, and so it is obligatory, but not a precondition. As for the intention of the imam, it is necessary. If the Imam omits the intention to be imam, they are invalid since it is omitted in them. If he leaves it it in the second and does it in the first, the evident position is that it is sound and the second is invalid. He only prays it when the twilight vanishes. If he omits it in the first and intends to join, it is invalid because its validity is dependent on the intention of being an imam. ]

12.6d. The adhan and iqama for 'Isha'

Then you call the adhan for 'Isha inside the Masjid and do the iqama and then do the prayer.

[This is done after Maghrib is finished, without delay or glorification or praise or nafila. So there is no nafila between Maghrib and 'Isha' in the well-known position. The adhan for 'Isha' is given after Maghrib. It is clear that this adhan is recommended because it is not a group which needs another one. It is inside the Masjid so that people do not think that it is the time of 'Isha' has come. After the adhan, the iqama is given and the Imam leads the people in the prayer immediately. This is a precondition for every joining, and it is not particular to joining on a rainy night.]

12.6e. Leaving after the joining

Then everyone should leave while there is still some light left in the sky.

[They should leave after the prayer without delay. If they join and do not leave until the twilight has gone, then they repeat 'Isha'. It is also said that they do not repeat it. ]

12.6f. The second case of joining: 'Arafat

It is an obligatory sunna to join together Dhuhr and 'Asr at Arafat at midday with an adhan and an iqama for each prayer.

[ This is on the hajj. It is a confirmed sunna. This question is dealt with in the chapter on Hajj. ]

12.6g. The third case of joining: at Muzfalifa

The same applies to joining Maghrib and 'Isha on your arrival at Muzdalifa.

[i.e the same judgement as regards the sunna and the adhan for Maghrib and 'Isha' applies at Muzdalifa. The author of the Mukhtasar considered it to be recommended. The accepted position is that it is sunna. This is when it is possible to reach it. If that is not possible due to illness or his mount, then he joins when the twilight departs when he stops with the Imam. The fiqh of the question is that the one going to Muzdalifa either stands with the Imam or not.The obligation is that he stands with the Imam. If he does not stand with the Imam as when he stands alone or does not stand at all, he prays every prayer in its proper time.]

12.6h. The fourth case: joining when travelling

If you are travelling hard you are permitted to join two prayers together; that is to pray Dhuhr at the end of its time together with 'Asr at the beginning of its time and likewise with Maghrib and 'Isha.

[ This is on an obligatory journey like the hajj and the commercial journey, whether the prayer is shortened in it or not. He is permitted to join two prayers whose time is shared, like Dhuhr and 'Asr, and Maghrib and 'Isha'. When midday catches him while travelling and he intends to camp before sunset, he can join Dhuhr and 'Asr at the end the first time and the beginning of 'Asr.

The description of joining Maghrib and 'Isha' the same as that of joining Dhuhr and 'Asr in that when sunset catches him and he intends to camp after dawn, he can join Maghrib and 'Isha' formally since he prays Maghrib near the vanishing of the twilight and prays 'Isha' at the beginning of its time because he will dawn here is like sunset in respect of Dhuhr and 'Asr.]

12.6i. When starting out

If you are starting your journey at the beginning of the time of the first prayer you may also join the two prayers together then.

[ According to the famous position, he can join before he sets out by putting the first of them at the beginning of the ikhtiyari time and the other in its daruri time. This is the real joining. From this it is known that the daruri time of 'Asr extends before and after it. The real joining is not like this and is only done by someone with an excuse in the form of a journey or something else. As for the formal joining, it is permitted for the one who has an excuse and others. When he intends to camp before the sun yellows, he cannot join. Rather he should pray Dhuhr before he travels and delay 'Asr until he stops, i.e it is obligatory because he is able to put each prayer in its allotted time in the Shari'a. He can choose about the 'Asr prayer. If he wishes he delays it until he stops. If he wishes, he brings it forward if he intends to camp when the sun yellows. ]

12.6j. Fifth case: sick people joining prayers

Sick people are permitted to join the prayers if they are afraid, at the time or Dhuhr or Maghrib, that their sickness will cause them to lose consciousness before the time of the next prayer.

[They can join prayers which share in the time in the well-known position. Ibn Nafi' said that each prayer should be prayed in its proper time. If they fear that they might become unconscuious at the second prayer, they can join. This is at the beginning of the time of the first prayer according to the well-known position. It is said that the first is at the end of its time and the second at the beginning of its time. In the well-known position, he joins Dhuhr and 'Asr at midday and Maghrib and 'Isha' at sunset. He joins at the beginning of the time because he is afraid that he will become unconscious and that permits joining. It is like the the fever which comes in fits, i.e. shakes, or vertigo which will come at the second time when he is sure of that. ]

NOTE: When he joins out of fear of being unconscious at the second time and then that is removed by being free of that, 'Isa said that he repeats the second prayer. Sanad said that he means within the time. The most probable is that it is the daruri time. Ibn Sha'ban said that he does not repeat it, but that weak.

12.6j. Second category Joining making it easier for the sick person

If joining the prayers makes things easier for someone suffering from dysentery or a similar illness, he can do the two prayers together either in the middle of the time of Dhuhr or when the redness in the sky fades after Maghrib.

[ This applies to all illnesses which make it difficult for him to rise for every prayer. Then he can join two prayers whose time is shared, and so he joins Dhuhr and 'Asr in the middle of Dhuhr, and Maghrib and 'Isha' when the twilight fades. So Maghrib occurs at the end of its ikhtiyari time, based on its extending to twilight and 'Isha' at the beginning of its ikhtiyari time. ]

12.7. Prayer missed because of an impediment

12.7a. Prayers missed while unconscious
If you faint you do not have to make up any prayers whose time finishes while you are still unconscious. If you regain consciousness, however, while there is still time to do at least one rakÔat you must make up that prayer.

[ You do not have to make up any prayers while you were unconsious. The same applies to the one who is intoxicated by something lawful, as when someone drinks wine thinking that it is milk or honey. The same applies to someone who is insane. This is while they are in that state, whether what he misses it is a lot or little, as opposed to Ibn 'Umar who says that he makes up what is little, like five prayers or less. When you regain consciousness, you make up the prayer of the time, meaning within the daruri time. It is sunset for Dhuhr and 'Asr, and dawn for Maghrib and 'Isha' and sunrise for Subh.

He clarifies the amount and says that the time in which he recovers consciousness must be enough to perform one rak'at with its prostrations after obtaining what is necessary to perform the prayer, which is only purity from minor impurity in the accepted position. When he faints and does not pray Dhuhr and 'Asr and there remains enough of the day to pray five rak'ats after purification from impurity, he does not make it up because he was unconscious in their time. If he recovers consciousness and there remains enough of the day to pray five rak'ats after purification, he makes them up because he was conscious in their time. If he faints when he has not prayed Maghrib and 'Isha', and there remains of their time the amount of five rak'ats, he does not make them up. If he becomes consciours for this amount, he makes them up. It is like that with the judgement in dropping and the making up when there remains four raka'ts of Fajr because one consideres the excellence of one rak'at from the first. If there remains the amount of three rak'ats of Fajr, 'Isha' falls and Maghrib remains his responsibility. ]

12.7b. When a menstruating woman becomes pure
The same applies to a menstruating woman when she becomes pure. If, after doing ghusl straight away, there is still enough of the daytime left to do five rak'ats, she should pray both Dhuhr and 'Asr.

[ Then means when her period stops. The same applies to bleeding after childbirth. She does not make up any prayer whose time has passed and performs a time sufficient for one rak'at or more remains after she has purified herself. The time in which she purifies herself is either day or night. In the day, it applies when she becomes pure and after she has purified herself with water when tayammum is not obliged for her. Otherwise it is the amount required for tayammum. In short purity is determined for her for more than what sufficient for a full rak'at with both prostrations. It is like all the excuses except for disbelief.]

12.7c. More about the menstruating woman
If there is enough of the night left to do four rak'ats she should pray both Maghrib and 'Isha. If there is less left of the day or night than that she should only pray the second of the two prayers.

[This is when she becomes pure at night. If, after she purifies herself, there is enough time for four rak'ats according to the position of Ibn al-Qasim based on estimating Maghrib with three rak'ats and one rak'at for 'Isha'. This is the determination for the woman at home and travelling without difference since there is no difference in the two night prayers between the resident and traveller. ]

12.7d. When menstruation starts

If a woman's period starts with these same amounts of time left in the day or the night without her having done the prayers in question she does not have to make them up.

[ This is five rak'ats in the day and four in the night, whether she delayed them out of forgetfulness or intentionally, and if she was rebellious in the deliberateness. If she menstruates and there remains of the day the amount of five rak'ats and she has not prayed Dhuhr and 'Asr, she does not make them up because she menstruated in the time.]

12.7e. More about when menstruation starts

However, if it starts in the daytime when there is only time for three rak'ats or less she should make up the first of the two prayers.

[ If it starts in the day when she has not prayed Dhuhr and 'Asr, or she menstruates, and there still enough time for three rak'ats or less up to one, or she has not prayed Maghrib and 'Isha', she makes up the first prayer which is Dhuhr in the first instance and Maghrib in the second because it came while she was pure and the second is omitted because she menstruated in its time. When the time is short, then the last is singled out for being caught or dropped.]

12.7f. Another point on this

There is a difference of opinion about the judgement if a woman's period starts when there is enough of the night left to pray four rak'ats. Some people say that the same applies and others say that since her period began in the time of both prayers she does not have to make either of them up.

[It is said that the judgement is like when she menstruates when there are three rak'ats of the night left: she makes up only the first prayer. That is stated by Ibn 'Abdu'l-Hakam and others, based on the calculating the second. Its reason is that when the time is short so that there is only enough for one of the two prayers, then the obligation is the last one. The other is that she does not make them up, and it is the position of Malik, Ibn Qasim and others. It is the school since they believe that calculation in two prayers with a shared time is by the first. Its reason is that the first of the two prayers must be advanced before the other and that actually obliges calculation of it. Then he discusses things which oblige wudu'.]

12.8. Defects in wudu'

12.8a. Certainty about wudu' but not about breaking it

If you are sure that you have done wudu' but not sure whether you have broken it or not since, you should wudu' again.

[ It is obliged according the well-known position. The literal words of the author are when doubt accompanies certainty at the same time, which is impossible. So it is better to assume the "then" means "and" so he knows that the doubt is later than certainty. What is meant is something which breaks wudu' in general, whether that doubt is during the prayer or outside it, unless it arises in it after he has begun it feeling certain about purity. In such a case, he must continue in it and after he completes it is clear to him that he is still in purity he does not repeat it. If it it clear that he broke purity or he still has doubts, he is obliged to repeat it. ]

12.8b. Miss out a fard aspect of wudu'

If you remember missing out any fard aspect of wudu' soon after finishing it, you do the thing you missed out and whatever comes after it.

[Then he speaks about the judgement of someone who omits any fard aspect of the wudu' or one of its sunnas. The first has four cateogries because he either omits it intentionally or forgetfully, and each of them either remembers soon after or a long time after. The second is also like that and so there are eight categories .

The first iswhen he remembers that he did not wash a fard part, like the face, hands to elbows, feet to the ankles, or wipe the head, and it is soon after, it is an obligation that he repeat that with the intention of completing wudu' because the fard is not removed by forgetfulness He must intend to complete wudu' in the well-known position. Otherwise it is not adequate as at-Tata'i clearly states. When he does what he left out, it is recommended that he repeat what followed it to the end of wudu' for the sake of the proper order. Some commentaries say it is sunna.

There is disagreement about the definition of nearness. Ibn al-Qasim refers to custom in all that is not defined by the Lawgiver. He says that its limit is as long as the limbs have not dried within the normal time and the normal limb and normal place. It is well-known.]

12.8c. Second category: if it is after a long time

If some time has elapsed you just do the thing you missed out

[When he remembers the forgotten things after the washed place is dry, he only does it three times with the intention immediately at the time when he remembers. If he delays it a long time after he remembers it, his wudu' is invalid, even if he forgets, because he does not have the excuse of forgetting the second time in the accepted position. Ibn Habib says that he repeats it.]

12.8d. Third category: Deliberate

except if you missed it out deliberately in which case you must do the whole wudu' again.

[i.e. you deliberately missed out one of the fards of wudu', then it is obligatory to begin again if it is a long time since omitting washing the washed limb or wiping the wiped limb. This is based on the fact that doing it immediately is obligatory. It is to do wudu' in the same time without significant separation with remembrance and ability. It is the well-known position. ]

12.8e. Fourth category: deliberate but not long

[The fourth category is when he intentionally omits that and not long has passed: he repeats it and what is after it for the sake of order. There is no difference betwween the deliberate and forgetful when it is soon, but they differ after a long time. The forgetter builds, even if it is a long time, as opposed to when it is deliberate. If a long time has passed, he starts wudu' .]

12.8f. If you have done the prayer

If, in any of the above situations, you have already done the prayer you must do it over again no matter how much time has gone by having put right wudu' as necessary.

[ If he omits any fard element of his wudu' and then prays with that wudu', whether deliberate or by forgetfulness, soon or after a long time, then he must always repeat the prayer because he prayed it without wudu'. But repeating wudu' is in the one category and it is when it is intentional and a long time has passed.]

12.8g. Fifth category: omitting a sunna element

If you remember missing out something like rinsing out the mouth or snuffing up water or wiping the ears and only a short time has elapsed you should do the thing you missed on its own.

[ He does not repeat what is after it in the school because the order between sunna and fard is not obligatory. ]

12.8h. The sixth: after a long time

If a long time has passed you must do the thing you missed before doing any other prayers.

[If he remembers what he forgot of the sunnas of his wudu' after a long time, he only does that which he forgot before any other prayers. As when he remembers after he has prayed Dhuhr, he does it for 'Asr if he is still in wudu'. So if he wants to pray 'Asr with it, it is sunna for him to do that omitted sunna. Tawaf is like the prayer. In short, if it is near, he does the omitted sunna when he wants to remain in purity. If he does not want to pray or do anything else and it is a long time, it is sunna to do when he wants to pray or do tawaf. Length means that he has prayed with that wudu' and its absence is that he has not prayed with it. That is explicitly stated by Ibn al-Jallab.]

12.8i. Prayers already done

You do not have to repeat any prayer you have already done.

[When you pray with a wudu' in which a sunna is forgotten, because it was done with certainty of purity and because the prayer is not invalidated by omitting one of the sunan of wudu', even if all of them are omitted. It is like that with the sunnas of ghusl. There is strong disagreement about the sunnas of the prayer so that if he intentionally omits a sunna intentionally, it is said that the prayer is invalid. It is said that it is because of the absence of the sunna element because the obligation is applied to its sunnas, i.e. the prayer by the words of the Prophet, "Pray as you saw me pray." That is weak in respect of wudu' by the Prophet words, "Do wudu' as Allah has commanded you," i.e. he only commanded four.

The author did not speak about reversals, as when he puts the hands before the face, for instance. In short, the one who reverses repeats only that part if he reverses by forgetfulness. Otherwise it is always desirable to repeat wudu' and the prayer within the time and elsewhere. When time is short, there is no difference between it being deliberate or forgetful. He repeats what was reversed three times by the sunna in following it in the Shari'a, one each times is not desirable.]

12.8j. Impurity on the mat

If a mat has some impurity on it but you do the prayer on a part which is pure your prayer is valid.

[If whatever you pray on has an impurity, wet or dry, whether or not it moves when he moves, he does not have to repeat the prayer because it is not invalid so that it would need to be repeated. He is asked to purify the place which his limbs touch. This is opposed to the turban whose end hangs on the ground where there is impurity: his prayer is invalid by agreement if the the impurity moves with it. ]

12.8k. A dispensation

There is no harm in a sick man putting down a thick cloth which is pure over his bedding which has impurity on it and then doing the prayer on that.

[ It is a precondition that the garment on which he reclines is separate from the place of prayer. Otherwise the prayer is invalid. It is also a precondition that it be thick and not thin. It clear from this that the healthy person has no excuse to do that, and that is the explicit text of the Mudawwana. It is said that that is general to the sick and healthy person and Ibn Yunus says that it is correct. ]

12.9 The Prayer of a sick person

12.9a. If he is unable to stand

If a sick man cannot pray standing up

[If a person cannot stand upright to recite all of the Fatiha on his own or leaning on someone else other than someone in janaba or menstruating or it will entail great hardship. If he is ill, then he is either unable to stand at all, or fears he will become ill, or it will increase, or there will be great hardship with the precondition that he is ill, not that he is healthy. If he is healthy, the hardship mentioned does not permit him not to stand and make it permissible for him to pray sitting. The obligation to stand independently is in the state of doing obligatory elements, like ruku', tahrim and reciting the Fatiha for other than the one following, and not for the one following. If the one following leans on a pillar while it is recited such that if it were to be removed, he would fall, is prayer is still valid as is the case absolutely in the reciting the sura, i.e. for one praying alone, an Imam or one following, as is confirmed by the one who knows and does not pay attention to what was said other than that. Some commentators are mislead by the literal expression.]

12.9b. The sick person prays as best he can

he should pray sitting down, cross-legged if possible; if not then to the best of his ability.

[On his own in the well-known position, i.e. it is not valid for him to be Imam either for those ill or healthy, even those like him. That is what some of them state, but that is weak. The accepted position is that the Imam should be healthy for those who are healthy. It is best that he sit cross-legged in the place of standing, if he is able to do so. This is on the basis that sitting is a substitute for standing. It is said that he sits as he sits for the tashahhud, and the later people prefer that. According to the first, he alters his sitting between the two prostrations, as in the tashahhud. Similarly, it is the best in respect of nafila prayers to sit cross-legged since the Prophet did that. Otherwise he sits as best he can, and it is desirable but not obligatory that there be an order between it and being cross-legged.]

12.9c. Gestures for prostration and bowing

If he is not able to go into sujud he should make a gesture of going into ruku' and sujud, making what he does for sujud lower than what he does for ruku'.

[ If the sick person cannot sit, he indicates prostratation by bowing. If he is unable to it altogether or there will be great hardship in going so, he indicates by his head and back, i.e. must indicate with them. If he cannot do it with his back, he indicates with his head, If he cannot do that, then he indicates as he can, and places his hand on his knees when he indicates bowing. When he rises, he raises them. When he indicates prostration, he places his hands on the earth and when he rises from it, he places them on his knees. It is recommended that his prostration be lower than his bowing. Some say that it is obligatory. It is understood from the words of the author and the Mudawwana. It is also understood from some of the commentators on Khalil. When you know that, then the judgement that it is recommended is weak. It is disliked for the one who gestures to lift anything on which he prostrates. If he does that he does not repeat his prayer, whether he does that intentionally or out of ignorance. This is when he intends the earth by his indication. If he intends that what he lifts is not the earth, it is not permitted, as al-Lakhmi said.]

12.9d. If he is unable to sit

If he cannot sit he should pray lying on his right side making gestures to indicate the various positions.

[ If he cannot sit on his own or supported or cross-legged or otherwise, he prays on side with his face towards qibla as he would be in the grave. If he cannot go on his right side, then on his left side.]

12.9e. If he can only lie on his back

If he is unable to do anything but lie on his back he should pray in that position.

[If he cannot only pray on his back, he gestures with his feet to qibla. If he is unable to pray on his back, he prays lying on his stomach with his face to qibla and his feet behind him. The judgement about facing qibla in those states is that it is obligatory when he has the ability to do so. If he prays to other than qibla when he is able to face it, the prayer is invalid. The ability is when there is someone who is able to move him. If he finds someone to move him after the prayer, it is recommended that he repeat it within the time.

The one who prays lying down indicates with his head. If he is unable to indicate with his head, he indicates with his eyes and eyebrows. If he cannot do this, then it is with his finger. The literal text as al-Ujhuri said is that the order in the gesture using these three is obligatory.]

12.9f. The prayer should not be delayed

As long as he is in his right mind he should not delay the prayer and do it as best as he is able.

[This means he does not omit it, and he should pray as best he can, standing, sitting, indicating and lying down. The sick person prays according to his ability, even only with the intention of its actions, if he is unable to indicate with a limb or something else. He intends its pillars with his heart so that he intends tahrim, recitation, bowing, rising and prostration, etc. of the actions of the prayer.]

12.9g. Tayammum

If a sick man cannot use water because doing so would be harmful to him or because he cannot get anyone to bring him any, he should do tayammum. If he cannot find anyone to bring him earth, he should do tayammum using the wall at his side provided that it is made of clay or covered with clay. However if the wall is covered with plaster or whitewash it cannot be used for tayammum.

[ When the one who must perform the prayer is unable to use water, then he does tayammum. If no one brings him earth, he can use the wall if it clay, or covered with clay. So he can do tayammum with earth brought to him. It is also understood that he only uses the wall for tayammum when there is no earth. That is different from the School. The School is that it is permitted to do tayammum with the wall when there is earth, but it is desirable that he not do tayammum with it except when there are is no earth. The author of the Mukhtasar said that it is like earth, and it is best. In short, the sick person or healthy person is permitted to do tayammum on the unbaked brick wall and the stone wall, even if he finds earth when there is no barrier to prevent him touching it. If the wall is covered with something manufactured, it is not used. Az-Zabidi mentioned it.]

12.10. The prayer while mounted

12.10a. In case of mud which prevents prostration
If the prayer becomes due while you are travelling and you cannot find anywhere to pray because of mud, you should get off your riding animal and do the prayer standing up, making the motion you do for sajda lower than the one for ruku'.

[ When you are travelling and the ikhtiyari time is short, as it says some of the commentaries on Khalil and the commentary of at-Tata'i. The best time is that in which it is ikhtiyari or daruri. If it is light mud, and he despairs of getting out of it in the ikhtiyari or daruri time and he is able to dismount, but cannot find any place to pray because of soiling his clothes or flood on the road, then he dismounts and prays standing, bowing for ruku' and prostration. He indicates ruku' by partially bowing his chest. If he touches his knees, for instance, which is a full ruku', then he bows in fact and his indication of prostration is lower than ruku'. When he indicates ruku', he places his hands on his knees and when he rises he lifts them from them. When he indicates prostration, he indicates the earth with his hands and intends to sit between the two prostrations standing, and the same with the sitting of the tashahhud. While standing, he separates the standing and sitting with an intention. As for the one who thinks it probable that he will get out of it before the end of the time, he delays it to the end of the time.]

12.10b. The necessity of praying mounted

If there is so much mud that you cannot even dismount you should do the prayer on your riding animal facing qibla.

[ i.e. the place where he would alight from his mount. He prays by indication, but if he cannot dismount out of fear of sinking, he prays on his mount towards qibla. The prayer on the animal is only permitted by fear of sinking. Fear of getting his clothes dirty does not oblige the validity of the prayer on the animal. It is permitted to pray by indication on land. It is the same, for instance, if he prays on the animal facing qibla when thre is no mud and he fears to dismount because of thieves or wild animals. Then he can pray on his animal and indicate ruku' and prostration the earth and he lifts his turban from his forehead when he indicates prostration. He does not prostrate on the saddle or anything else. He sits cross-legged if he can. The judgement of the resident is like the traveller when the time finds him in deep mud. ]

12.10c. Nafila prayers while on the move

A traveller can do nafila prayers on the move while seated on his riding animal no matter what direction the animal is going in,

[ If he is riding on his back or in a sedan or something else. But he must be riding normally. The literal words of the author would mean whether or not he is facing qibla when he begins the prayer, as oppposed to the text of Ibn Habib that he turns his animal to qibla first and then says the ihram and then prays wherever it turns. The school of Malik permits that at night and day as opposed to Ibn 'Umar, who does not allow the traveller to do nafila in the day.

He should be seated cross-legged if possible and lift his turban from his forehead in prostration He can hit and kick the animals, but should not speak nor look around. The traveller rather than the resident is mentioned. The walker does not do nafila in his journey walking. He said, "No matter what observe direction the animal is going" excludes someone on a ship, He does not do nafila on it except towards qibla, and turns with it wherever it turns if he can do that. The basis in what he mentioned is that is confirmed that the Prophet prayed on a camel in any direction it turned, and did the witr on it, i.e. nafila and not the obligatory prayers.]

12.10d. Proviso about the journey

provided that he is on a journey for which the prayer can be shortened.

[i.e. the precondition of the traveller doing nafila on the animal wherever it turns is that the journey is one in which the prayer can be shortened. If it is a less shorter than that or a journey which involves disobeying Allah, that is not the case.]

12.10e. Praying the witr mounted

He can also do the witr mounted if he wants.

[With the previous preconditions. If he wants, he performs the witr on the ground, which is preferable.]

12.10f. Fard prayers while travelling

However fard prayers, even in the case of illness, should only be done on the ground unless the illness is such that getting off the animal would mean that the sick person was forced by his illness to do the prayer sitting down using gestures. In this case he should pray on his animal after it has been brought to a halt and made to face qibla.

[ Even if the traveller is ill he can only pray on the earth by the evidence of the precious hadith. However, if he is so ill he can only perform prostration and bowing with gestures, then he can pray on the animal. In the Mukhtasar there is permission without dislike. In the Mudawwana it is disliked. It is limited by the direction he faces with his animal. If he stops and faces qibla and prays, there is no dislike. This qualification is transmitted by al-Fakhani from the Shaykh. He said that what is in the Risala qualifies what is in the Mudawwana.]

12.11 Nosebleeds

12.11a Stopping for a nosebleed
If you have a nosebleed when you are praying behind an imam you should go out and wash off the blood

[You leave to wash off the blood from the nose, holding the nose from the top if you does not suspect that it will last to the need of the preferred time. If you think that it will last to the end of the preferred time, you completes the prayer and do not go out, even if the blood is flowing if you are not in a Masjid, or in a Masjid if you have spread out something to catch the blood, or or it is pebbles or earth with no mat on it because that is due to necessity. You wash away the blood when you finish. If he is in a carpeted or tiled Masjid, and you fear you will soil it, even less than a dirham, you must stop. ]

12.11b. Resuming the prayer

and then return and complete the prayer as long as you have not spoken or stepped on any impurity.

[After washing the blood off, you complete the prayer because the faqih speaks about independent judgements and the prayer is not stopped in the famous position. Ibn al-Qasim said that the best is to stop. The basis of the famous position is the action of the majority of the Companions and Tabi'un. Abu Hanifa said that the prayer is invalid based an emergence of impurity which breaks wudu'. We said that it there is building on what was done. That has six preconditions of which two are indicated when he mentioned not speaking or stepping on impurity.]

12.11c. Preconditions: 1. Not speaking

[It is clear that speaking invalidates it if he speaks at all: deliberately, out of ignorance or forgetfulness.]

12.11d. Preconditions: 2. Not stepping on impurity

[The second precondition is clear because it is evident that it invalidates if he steps on impurity at all, whether wet or dry. If it is wet it is agreed that it invalidates. If it is dry, like a skin, it is like that according to Sahnun. As for the droppings and urine of animals, he continues when he stops on them by agreement because roads are not free of that in general. Al-Hattab said, "He must qualify what he steps on forgetfully or by necessity for that is by its generality and spread over the road. As for walking on it deliberately without excuse when the road is wide and it is not universal and there is a possibility of stepping over it, then it must invalidate his prayer by the negation of the cause which is necessary. ]

12.11e. Preconditions: 3. Proximity of water

[The third precondition is that he does not go pass water which is near to other water. ]

12.11f. Preconditions: 4. Not turning one's back on qibla

[The fourth is that he does not turn his back on qibla for other than seeking water. As for the seeking water, that does invalidate. ]

12.11g. Precondtions: 5. The blood drips or flows

[The fifth is that the blood drips or flows and and does not splatter. If it only leaks without flowing or dripping, he does not leave to wash it. ]

12.11h. Precondition: 6. It is in a group prayer

[The sixth is that the nosebleed occurs in the group prayer, whether he is an Imam or follower. As for the one on his own, there are two famous statements about building on it, which derive from whether the allowance of building is for the respect of the prayer, which prevents its invalidation, or is to obtain the benefit of the group.]

12.11i. Discounting partially completed rak'ats

You should discount any partial rak'at you have already prayed unless you completed its two sajdas.

[It is not counted as a rak'at if it has not been completed with its two sajdas according to what is transmtited from Ibn al-Qasim. Ibn Maslama said that he builds on it, be it a little or a lot. That is in the first rak'at or others. Ibn 'Abdu's-Salam deduced that according to the transmission of Ibn al-Qasim, if he has a nosebleed after ruku' and before prostration or after one prostration, that is void and he begins with the recitation.]

12.11j. When the bleeding is slight

If there is only a little blood you should not leave the prayer but staunch the blood with your fingers except if it is pouring out or dripping.

[You staunch it with the ends of the fingers of the left hand, and the manner of staunching it is to first with the end of the thumb and the little finger, then the finger next to the little finger, then the middle finger and then the index finger. This is unless it is pouring out or dripping. In such a case, he does not staunch it, but goes fror water. ]

12.11k. Breaking off a prayer because of vomiting or breaking wudu'

You may not, however, complete a prayer in this way if you have to leave it because of vomiting or breaking wudu'.

[ Absolutely, whether intentional or inadvertant, i.e vomiting something impure which leaves him in the state of the prayer, even if a little, and the same holds true for vomiting a lot of what is pure. The upshot is that the prayer is not invalidated by the pure provided that it a little and comes out usually. When it is impure, even if a little, or a lot of the pure, or vomited deliberately, then the prayer is invalid. The same holds true if he intentionally swallows it. The case is that it comes out usually. If he swallows iit usually in that case, there are two equal statements about his prayer being invalid neither of which are preferred. That is not the case in the inadvertant.]

12.11l. When the nosebleed coincides with the salam

If your nosebleed starts after the imam has said the salam, you say the salam and then leave the prayer-line, but if it starts just before the imam says the salam you should go out, wash off the blood, come back, sit down, and then say the salam.

[It is permitted for him to say the salam while he has the impurity because it is easier than going for water. If it is before the salam of the Imam, he goes for water because if he does not leave, he deliberately carries impurity in his prayer while some of it still remains. Then he returns and sits and repeats the tashahhud if he has said it in the well-known position. If he has not said it, there is no dispute that he says it. His words would seem to mean that he leaves to wash off the blood, even if the salam of the Imam was after his nosebleed. That is not the case, If the salam of the Imam was close to his nose-bleed, he says the salam and goes and his prayer is allowed, as in the question before it. He no longer owes any actions of the prayer which would have to be restored. Then he goes on to make clear where the one with a nosebleed ends his prayer after washing off the blood with the previous preconditions.]

12.11m. Where to finish the prayer

If there is no chance of catching the end of the prayer with the imam, you can complete the prayer in your house

[If he is in a group, he can complete it in his house where he washed off he blood if he can or the nearest place in which he can pray if he despairs - or thinks it probable that he will not catch the prayer. Ibn Naji said if he hopes to catch any of the prayer with the Imam, even the salam, he returns to it. It is like that also in Mudawwana and elsewhere. Ibn Sha'ban said if he does not hope to catch a rak'at, he complete the place. What was said about completing the prayer in any place is general to all prayers except one: Jumu'a.]

12.11n. If it happens in Jumu'a

except in the case of Jumu'a when you must complete it in the Masjid.

[This is when he catches one rak'at with the Imam with its prostrations. He must also return if he thinks that he will catch a rak'at with the Imam after he returns, even if he did not catch a rak'at with him before the nosebleed. If he does not catch a rak'at before the nosebleed nor think that he will catch it after he returns to the Imam, he does not return. He begins Dhuhr with ihram. If he builds on his ihram, and prays four, then it is evident that it is sound as al-Hattab said.

He must complete it in the Masjid in which he began it, even if he thinks that the Imam has finished because the Masjid is a precondition for the validity of Jumu'a and it is not complete in its courtyard, even if he begins there because of lack of space or joining the rows, as al-Hattab concludes. Ibn 'Abdu's-Salam says that it is is valid to complete it in the courtyard. Those who oblige completing it in the Masjid in which he began it does not oblige the exact place in which he prayed with the Imam. It is enough that it is any place in it because otherwise would lead to a lot of action and a lot of it invalidates the prayer. If he prays in a Masjid other than the one in which he prayed, his prayer is invalid, even if it is closer to him. It is clear from his words that he only completes it in the Masjid, whether there is an impediment or not between him and returning to it. That is the well-known position, and accordingly, if something comes between him and the Masjid in which he began it before he completes the prayer, then his Jumu'a is invalid

After speaking on the nosebleed, he speaks on an earlier question in the chapter of purity because it is appropriate to this question.]

12.12 Purity after a Nosebleed

12.12a. A small amount of blood on clothes
If there is a small amount of blood on your clothes you should wash it off but you do not have to repeat the prayer.

[ It is a recommendation which is the agreed position since it is stated that blood is overlooked. Washing it refers to also to the body and the place. Ibn 'Umar said that the author meant the recommendation and so it means that this is desirable and not obligatory. This is the school of the Mudawwana , i.e. about washing off a small amount of blood, not a large amount is recommended in the school of the Mudawwana, i.e. it is confirmed. This is known that the school of the Mudawwana recommends washing off a little, not a lot. It is differs from what Zarruq said about the school of the Mudawwana being that it is obligatory to wash off a small amount of blood.]

12.12b. A large amount of blood

You only have to repeat the prayer if there is a large amount of blood.

[There is a well-known disagreement about its definition and the definition of a lot. It is said that a lot in according to custom, and it is said that it is not. The well-known position is that a lot is the size of the Baghli dirham. So whatever covers the area of the Baghli dirham is a lot. Malik indicated that in al-'Utbiya. Ibn Sabiq said a that a small amount is less than a dirham and a lot is more than it. The position of the author is that he does not repeat it, meaning within the time if he prays forgetting about it. If he prays with it deliberately, he always repeats it according to the position of Ibn al-Qasim. That is because Ibn al-Qasim says that it is obligatory to remove impurities, and blood is one of them. This is contrary to what is transmitted by the author of the Bayan that the well-known position is the transmission of Ibn al-Qasim from Malik that removing the impurity is sunna. Impurities other than blood have a different judgement according to the disagreement between a little, which is overlooked and a lot, which is not. Fearing that someone might imagine otherwise, he says:]

12.12c Other impurities

With any other impurity it is immaterial whether the amount is small or large, you have to repeat the prayer in any case.

[ A small amount of any other impurity must be removed and the prayer always repeated when he prays it deliberately wearing an impure garment, and in the time if he prays it forgetfully or by inability. The difference between blood and other impurities is that blood cannot be guarded against because the body of man is like a vessel filled with blood as opposed to other impurities which can generally be avoided.]

12.12d. Blood from insect bites

You do not have to wash off the blood which comes from insects bites except if it is excessive.

[Because washing it is great hardship and extra imposition since man is almost never without a little blood, which is overlooked. Excessive means more than normal: then it is recommended to wash it. It is said that it is obligatory and the definition of excessive is that when it reaches a point at which he would be embarrased by among people.]

This post has been edited by Hamoudeh: Feb 5 2005, 08:15 PM

[Hamoudeh]

Chapter Thirteen: The Sajdas of the Qur'an

The prostrations of the Qur'an are sunna. The decision of Ibn 'Arafa is the preferred. It is said that they are meritorious. Ibn al-Hajib and others said that it is well-known for the reciter and the one who intends to listen, not the one who hears it.

13.1 Preconditions

[There are three preconditions for the prostration of the listener.

The reciter is fit to be Imam, i.e. he is a sane, adult male in wudu'. He does not prostrate when he hears an ayat of prostration recited by a hermaphrodite, woman, child, or someone not in wudu'.

The listener is sitting to learn from the reciter what he needs of recitiation in idgham or memorisation of what is recited.

The reciter has not sat so that people can listen to the excellence of his recitation. He has sat to recite the words of Allah or intends to let people listen for the sake of admonition and preventing acts of disobedience.

When these preconditions exist, and the reciter does not prostrate, the one who intends to listen prostrates according to the well-known position.]

13.2 Verses where prostration is made

There are eleven sajdas in the Qur'an, these being the places where you are commanded to go into sujud. None of these are in the Mufassal . They are:

[ They are called 'aza'im in Arabic to encourage that it be done out of fear of abandoning them which is disliked. The Mufassal are those frequently separated by the basmala, the first of which is al-Hujurat (49), according to some. So there is no prostration in an-Najm, al-Inshiqaq (84), and al-Qalam (68).

The first is:]

1. In Surat al-A'raf, (7:206) where Allah ta'ala says: (And they glorify Him and to Him they prostrate) which is the end of the sura.

If you are doing the prayer you should go into sujud when you reach this point and then recite what is easy for you from Surat al-Anfal or some other sura and then go into ruku' and sujud.

[ If you are doing a prayer, whether nafila or obligatory and recite it, then you prostrate for it at the moment of respect because it is subject to the prayer. It is disliked to intentionally recite an ayat of prostration in an obligatory prayer. After prostrating, it is recommended that you stand and recite some of al-Anfal or another which is easy, then do ruku' as normal so that it is not immediately after prostration.

The rest are:]

2. In Surat ar-Ra'd (13:15) where Allah ta'ala says: (...and their shadows in the morning and the afternoon).

3. In Surat an-Nahl (16:50) where Allah ta'ala says: (They fear their Lord above them and do what they are ordered to do.)

4. In Surat al-Isra (17:109) where Allah ta'ala says: (They fall on their faces weeping and it increases them in humility.)

5. In Surat Maryam (19:58) where Allah ta'ala says: (When the signs of the Rahman are recited to them they fall down prostrating and weeping.)

6. In Surat al-Hajj (22:18) where Allah ta'ala says: (Whomever Allah abases no one can ennoble. Surely Allah does what He wills.)

7. In Surat al-Furqan (25:60) where Allah ta'ala says: (Should we prostrate to what you order us to prostrate to? And it makes them run even further away.)

8. In Surat an-Naml (27:26) where Allah ta'ala says: (There is no god except Him, the Lord of the Mighty Throne.)

9. In Surat as-Sajda (32:15) where Allah ta'ala says: (They glorify their Lord with praise and they are not proud.)

10. In Surat Sad (38:24) where Allah ta'ala says: (He sought forgiveness from His Lord and fell down bowing and turned to His Lord in repentance.) It is also said that this sajda is done after the words. (...an exalted place with Us and an excellent return.) (38:25)

11. In Surat Fusillat (41:37) where Allah ta'ala says: (And prostrate to Allah who created them if it is indeed Him you worship.)

13.3 How the prostration is done

13.3a. You must be in wudu'

You do not do these sajdas in the Qur'an unless you are in wudu'.

[Preconditional for it is what is preconditional for the other prayers: purity from both major and minor impurity and facing qibla.]

13.3b. The takbir

You say a takbir for them

{In going down and coming up by agreement if that is while he is in the prayer, and in the well-known statement, if he is not in the prayer. It is said that it is disliked and it is said that he can choose between the takbir or not doing it. Then there are three positions. He does not raise his hands, which is disliked in going down and rising. There is no tashahhud in the well-known position. It is also said that there is a tashahhud.]

13.3c. No salam

but do not say the salam.

[There is no salam, i.e. it is disliked unless he intends to remove any dispute.]

13.3d. The takbir on rising

There is leeway as to whether you say 'Allahu akbar' as you come up from the sajda although we consider it preferable to do so.

[ It a fourth position in the question in which Ibn al-Hajib relates three positions, i.e. he has a choice when he rises, but not when he does down, as Ibn Naji pointed out. Do his words, 'Whether you say 'Allahu akbar' although we consider it preferable' refer to the takbir when rising? i.e. does it mean that he says the takbir when rising as he does when going down so that it is the same as the first of the three positions, or does the takbir refer to rising and going down which is also the first? So in any case he chooses the well-known position.]

13.4. When to do or omit the prostration

13.4a. In the prayers

You should do these sajdas, if you recite the ayats where they come, in both fard and nafila prayers.

[These prostrations are done in the fard and nafila prayers, whether you are the Imam or praying alone, even if it is disliked to recite them intentionally in the fard prayer in the well-known position. It is disliked for the Imam and someone praying alone to recite the prostration ayat deliberately in the fard because if he does not prostrate, he enters into the threat, and if he prostrates, he increases the prostation over the obligation and that might lead to confusing those following. As for the nafila, it is not disliked to intentionally recite the prostration ayat in them alone or in a group, outloud or secretly, resident or on a joruney, at night or day, confirmed or not confirmed, fearing to confuse the one behind him or not.]

NOTE ONE: Part of what he says about the fard and nafila is that if he recites them in a khutba he does not prostrate. It is said that is since there is no space in it in the order of the khutba and the judgment is that reciting it is disliked. If it occurs that he prostrates in the khutba, it is not invalid, even if he is forbidden to prostrate.

NOTE TWO: If an imam recites a prostration ayat and does not prostrate, then the follower leaves it. If the follower prostrates when his Imam has not done so, his prayer is invalid when that is deliberate rather than inadvertant, as the prayer of the follower is not invalid by not prostrating with the Imam who prostrates, even if he leaves it deliberately - but he has behaved badly. Ibn Wahb related that it is not disliked to recite it in the fard. Al-Lakhmi, Ibn Yunus, Ibn Bashir and others say that is correct since it is confirmed that the Prophet continued to recite the prostration ayat in the first rak'at of the Subh prayer on Jumu'a. Ibn Bashir said, "Our excellent shaykhs and theirs used to persevere on that, and it is done at any time of day or night except the Friday khutba, sunrise, when it becomes yellow and daybreak. It is disliked to do it at these times. There is disagreement about doing it at daybreak and yellowing after praying Subh and afrer praying 'Asr. In the Muwatta' it is absolutely not allowed after them, either in yellowing or daybreak. In the Mudawwana, it is the accepted position that he can prostrate after it after them as long as it is not yellow or daybreak. This is what the shaykh says.]

13.4b. At times when prayer is forbidden
You should also do them if you recite any of these ayats after praying subh, provided the light is not yet bright, and after 'Asr provided the sun has not turned yellow.

[ This is a confirmed sunna. Thus it resembles funerals. and there is a difference between the one who does them in the two times because of it being confirmed sunna because the simple nafila are not done after 'Asr and after Subh.]

[Hamoudeh]

Chapter Fourteen: On Travelling Prayers

[Its judgement is that it is sunna. Its reason is the journey and its place is the four rak'ats prayer. One of its preconditions, which are four, is the distance. It deals with of what invalidates shortening and questions connected to it. He indicated the first five which are the description of the travel prayer and its judgement, reason, place and some of its preconditions.]

14.1 Travel which requires shortening the prayer

14.1a The distance

If you travel a distance of four mail stages which is forty-eight miles, you should shorten the prayer,

[This is when you intend to make a land or sea journey which is obligatory, like the obligatory hajj, or desirable, like voluntary hajj, or permitted, like for commerce, of at least four mail stages. This definition indicates the distance, and in terms of time, the prayer is only shortened in a journey of a day and a night by animals carrying normal burdens. If he shortens before that, it is said that if it is 35 miles, he always repeats it, and in 40 he does not repeat. There is some disagreement about whether he repeats it within the time or not. Ibn Rushd said in at-Tawdih that he always repeats for shortening the prayer in 36 miles in the School. The prayer which is shortened is the obligatory prayer and the prayer which is being made up.]

14.1b. The number of rak'ats

doing only two rak'as for each except in the case of Maghrib which is not shortened.

[Maghrib is odd and cannot be divided. It is also becuase it makes the number of prayers in the day odd. Subh is not shortened because it is not established in the Shari'a that it is shortened, which would make it one rak'at. He is silent about Subh because it is not shortened. So there is consenus that Subh and Maghrib are not shortened and so the journey has no effect on them.]

14.1c. Its preconditions

[There are preconditions for shortening:

1-The distance intended is in one go. If it is not intended, as when he goes for a need which he thinks is close but ends up going a further distance. Indeed, that is the case if he is sure that it is but he does not know exactly where. He does not shorten, even if he goes four mail stages. Similarly he does not shorten when he stays in the middle of distance for the time in which it is obliged to do the full prayer, like four days. To sum up, the first precondition contains two things: one is the intention and the second is that it is in one go.

2-The journey is a permissible one.

3-According to what is in ad-Dakhira, a traveller does not follow a resident. Ibn al-Qasim said in the book that he does it in full if he catches a rak'at with him. If he catches less than a rak'at, Malik said that he does not do the full prayer. The fiqh of the question is that if the follower is a traveller behind a resident sometimes he will intend the full prayer behind him and and he will make his ihram like that of the Imam. Sometimes he will intend the travel prayer. In all of this, he either catches one rak'at or not. In the first case, he follows him absolutely. In the second if he catches a rak'at with him, then his prayer is invalid. Otherwise it is valid and he prays two rak'ats.

4-He does not turn a short journey into a long one without excuse.

5-He does not shorten the prayers until he leaves the houses of the town behind him.

14.1d. When you can start shortening

You are not permitted to shorten the prayer until you have passed beyond the houses of the town you are in so they are all behind you, leaving none in front of you or level with you.

[ Ibn Naji says that it is whether it is a place where Jumu'a is held or not. That is the case in the well-known position. Opposite it is what Mutarrif and Ibn al-Majishun related from the Imam that if the town from which the journey begins is a Jumu'a town, the prayer is not shortened until he has gone three miles beyond its walls. Otherwise, it is from the end of its buildings. The place of the dispute is about adding the gardens when it happens that he passes the gardens. If the houses are separate, he must leave them all when they are united under the name of 'quarter' and 'abode' or the name 'abode alone or the name 'quarter' when when share together. Otherwise he shortens as soon as he leaves his house. It is clear that they are behind him.]

14.1e. When you stop shortening

You do not leave off shortening the prayers until you return to the place you set out from or come within a mile of it.

[ Until he returns to the houses or less than a mile. Ibn 'Umar is unsure of the words here. This phrase is unclear because at the beginning of his words he made it less than a mile while travelling and the last words he made him resident. This is not sound. Some say that the contradiction when he says, "until he returns to it." with "or is near to it" as another statement means until he returns to it means until he is near them. Then his words, "or near" mean the same. The upshot of this interpretation is that if he is less than a mile, he must do the full prayer, whether he is at its gardens or not. A little means a third of a mile, or more.]

14.1f. If a traveller stays in a place for four days

If a traveller intends to stay in a place for four days or twenty prayers he should do the complete prayer until he moves from that place.

[ This is based on Ibn Naji. There are two positions. Shortening ends when he has the intention of staying four full days or more if it reaches twenty prayers, and it is that on whose basis Ibn al-Qasim proceded. Ibn al-Qasim considers that stopping the judgement of the journey is four full days and 20 prayers. So he considers that the stop which ends the judgement of the journey is that he stays until the fourth 'Isha'. If someone arrives before Fajr on a day and intends to leave after sunset on the fourth, he shortens because he will not be there for the period of 20 prayers. Sahnun and 'Abdu'l-Malik said that if the intention of what he will pray in it is 20 prayers, that ends the judgement of the journey. The point of the dispute appears when the time of Dhuhr comes. If he is able to perform the prayers according to Dhuhr of its day and 'Asr and he does Dhuhr and 'Asr in full. If he counts the days, he voids the day in which he entered, meaning he does not count it among the four days which he abides. If someone intends to remain for four full days, he prays in full from the time he enters the place in which he intends to remain. If he enters at Dhuhr, he does it in full and completes 'Asr and 'Isha' and the day he enters is not counted among the days which he abides.

They make an exception to the intention of remaining four days or more invalidating the principle of travel is the intention of an army to stop in the Abode of War. What is meant by the Abode of War is the place where the army settles, even in the Abode of Islam when it is not secure. Another things which stops shortening is the knowledge of abiding by custom like the custom of the hajji when he enters Makka to abide for four days.]

14.2. Leaving and arriving towards the end of the time of Dhuhr and 'Asr

14.2a. Leaving before praying Dhuhr and 'Asr

If you leave a place before you have prayed Dhuhr and 'Asr and there is still enough daytime left to pray three rak'as you should pray them both as travelling prayers. If there is only enough time to pray two rak'as or one you should pray Dhuhr in full and 'Asr as a travelling prayer.

[ If you start to travel in this case there is agreement if he omitted them by forgetfulness. The same applies is that if he left them intentionally but he is a sinner. If he is like that, he prays them as travel prayers because he travels in their time when Dhuhr is estimated as two rak'ats and one rak'at of 'Asr remains. There is disagreement about this estimation and whether or not one takes purification into account in it he he is not in a state of purity. Al-Lakhmi, al-Qarafi and Abu'l-Hasan said that. Others said that it, and that is the position of Ibn 'Arafa.

If there is only enough time for two rak'ats, you pray Dhuhr in full because you became responsible for it while resident. 'Asr is prayed with a travelling prayer, because he was travelling in its time. He begins with Dhuhr according to Ibn al-Qasim, which is the preferred position. He begins with 'Asr according to Ibn Wahb so that he does not miss it in its time. while Ashhab says that he begins with whichever he wishes because of the disgreement of the people of knowledge on that. Malik and Ibn Shihab both say that he begins with the first while Sa'id ibn al-Musayyab says that he begins with the last.]

14.2b. Arriving before having prayed them

If you return from a journey without having prayed these two prayers and there is still time for five rak'as you do them both as full prayers

[If you return from a journey and there is time for five rak'ats in the day, and you have forgotten to pray Dhuhr and 'Asr, you pray them as resident because you have caught their time with four of Dhuhr and one of 'Asr. The judement of the deliberate is the same as the forgetful.]

14.2c. When there is still time for four rak'ats

but if there is time for four rak'as or less down to one rak'a you do Dhuhr as a travelling prayer and 'Asr in full.

[Because the time for 'Asr went when you were responsible for it while travelling. 'Asr is prayed in full because he caught it while resident.]

14.3. Arriving at the end of the time of Maghrib and 'Isha'

14.3a. When you arrive and there is time for one or more rak'ats

If you return during the night without having prayed Maghrib and 'Isha and there is still time enough before fajr for one or more rak'as you pray both Maghrib and 'Isha in full.

[ This is estimated, and applies whether he omitted them out of forgetfulness or intentionally. They are prayed in full because there remains enough time to catch Isha' and so he is obliged to pray it as a resident. As for Maghrib, there is no disagreement that it is always three, either at home or on a journey.]
14.3b. Setting out on a journey

If you set out on a journey and there is enough of the night left to pray one rak'a or more you do Maghrib in full and pray 'Isha as a travelling prayer.

[ Because he catches its time in the journey. The rule of this chapter in relation to the two night prayers is that it considers one rak'at on arrival and leaving, while in relation to the day prayers or one of them, on leaving if there is what is enough for three rak'ats, he prays the two travel prayers and two or one. The second is a travel prayer. In respect of the day prayers, if he arrives when there remains enough of the day to pray five rak'ats, then he prays them as resident. If there are four or less to one, he prays Dhuhr as a travel prayer. Allah knows best.]

This post has been edited by Hamoudeh: Feb 5 2005, 06:53 PM

[Hamoudeh]

Chapter Fifteen: The Jumu'a (Friday) Prayer

[It is is obligatory. He clarifies the time of its obligation and the place in which it must be performed and for whom it is obligatory and other topics connected to it. It is derived from jama' (to gather) since people gather in it and the first to call it Jumu'a was Qusayy. He gathered Quraysh on that day and said, "This is the Day of Jumu'a."]

15.1. It is obligatory

Going to Jumu'a is obligatory.

[It is clear that what he goes to obligatory. The Friday prayer and going to it are obligatory by the Book, Sunna and consensus. In the Qur'an, it is the words of the Almighty, "O you who believe! When the prayer is called on the Day of Jumu'a, rush to the remembrance of Allah." (62:9) Al-Fakhani said that Malik said, "Going in the Book of Allah is action. Action and doing are synonyms," i.e. it means that rushing to remembrance means going in general, whether it is on foot or not. Al-Fakhani used as evidence for that the recitation, "go to the remembrance of Allah." What is meant by remembrance is the khutba or the prayer or both as stated by the commentator of the Muwatta'.

As for the Sunna, it is what is in Muslim from what the Prophet said about some people who refrained from going to Jumu'a: "I seriously thought about ordering a man to lead the people in prayer and then burning down the houses of certain men who failed to attend Jumu'a."

As for the consensus on that, al-Fakhani stated that there is no disagreement between the Imams that Jumu'a is an individual obligation. Going to it is obliged when there is no impediment. If there is is an impediment, then it is not obligatory. The impediment can consist of various things: illness which makes it hard for him to do it, when one of his parents is ill or near death, or he fears loss. This also applies to close relative, like child or wife. Another reason is when he fears for his property from a ruler, thief or arsonists. Another reason is severe rain and mud, etc.]

15.1a. When it becomes obligatory

It becomes obligatory when the imam sits on the minbar and the mu'adhdhins begins the adhan.

[The obligation to go to the Jumu'a prayer begins when the mu'adhdhins begin the adhan if their house is near. As for someone whose house is far, it is according to what it takes to reach the place where Jumu'a is held at midday. These are the details for others than those by which the Jumu'a is held. As for those who make up the number by which Jumu'a is held, they are obliged to go so that he will hears the khutba from its beginning. Those in the city and a distance of three miles or less from it are obliged to go to it.

The two adhans were already mentioned. Jumu'a has two adhans: one did not exist in the time of the Prophet, and the other did. He explains the early one.]

15.2. The sunna of the adhan

The early sunna was for the mu'adhdhins to climb the minaret

[The desirable method is to ascend when the Imam sits on the minbar. This was the Sunna of the Companions since there was no minaret in the time of the Prophet. They used to give the adhan at the door of the Masjid. Zarruq said that. So there was one adhan in the time of the Prophet which was done at the door of the Masjid while the Prophet was sitting on the minbar. Then 'Uthman introduced another adhan which was done before that on the minbar while the imam was also sitting on the minbar. Al-Fakhani reported that Ibn Habib said, "When the Prophet entered the Masjid, he ascended the minbar and sat. Then the mu'adhhdins gave the adhan. There were three who gave the adhan on the minaret one after the other. When the third finished, the Prophet stood up to give the khutba. It was like that in the time of Abu Bakr and 'Umar. Then when there were a lot of people, 'Uthman commanded the introduction of an earlier adhan before that which was done on the minaret and it was done at midday at az-Zawra', a place in the market, so that people could gather and leave the market. When he went out and sat on the minbar, then the mu'adhdhin gave the adhan on the minbar. When Hisham ibn 'Abdu'l-Malik was khalif, he moved the adhan at az-Zawra' and put it on the minaret at midday. When he sat on the minbar, then an adhan was given in front of him. When the mu'adhdhin finished, he gave the khutba. The adhan which 'Uthman introduced is done first but was the second to be prescribed, and it happens now on the minaret. That which happens before the khatib is done second but was first to be prescribed because that which is now done before the khatib was done at the door of the Masjid in the time of the Prophet and Hisham changed it." What is meant by the minaret in what Ibn Habib said is the place where the adhan was given because there was was no minaret in the time of the Prophet and the place of the adhan was at the door of the Masjid.]

15.2b. Consequences of the adhan for Jumu'a

at that point when selling or doing anything else which might distract you from going to Jumu'a becomes haram.

[When the adhan is given before the Imam, then selling becomes unlawful for everyone for whom Jumu'a is obligatory except the one who is compelled to it as when it happens that the call for Jumu'a is given and he cannot find water with which to purify himself except by buying it. So both are allowed to buy and sell because this is part of mutual help to worship. Other distracting things are forbidden: like eating, sewing, travelling, the gift, sadaqa and taking by a pre-emption.]

15.2c. Giving an earlier adhan

The calling of an earlier adhan is a practice which was introduced by the Banu Umayya.

[It was was introduced by 'Uthman ibn'Affan.]

15.3 Preconditions for Jumu'a

[Know that Jumu'a has preconditions for its being obligatory, and preconditions for its performance. The difference between them is that the preconditions for obligation are those by which responsibility arises and the legally responsible person is not required to achieve them. The preconditions for performance are those by which responsiblity is removed and it is obligatory for the responsible person to obtain them. ]

15.3a. Preconditions for its being obligatory

[They are ten:

1-Announcement of the time
2-Islam
3-Adulthood
4-Sanity
5-Maleness
6-Being free
7-Residence
8-Health
9-Nearness so that he is not more than three miles away - or quarter or a third of a mile more.
10-That it be a settled place.]

15.3b. Preconditions for performance

[They are four:

1-The Imam,
2-The group
3-The Masjid
4-The khutba.
5-The shaykh mentioned some of these conditions and he did not distinguish them from one another.]

15.3c. The required size of the town

Jumu'a is obligatory if there is a large enough town and a large enough group of people in it.

[ It is clear from the school of Abu Hanifa that the Jumu'a is only held in the city. Some of his companions added that it should be in a city in which the Imam has established the hudud. The school of Imam Malik is that it is held in the city and in the town where buildings are connected, even if their connection is only be benefit in that they help one another, even the hudud are not established there. On this basis, the words of the Shaykh must be interpreted that it is said that he meant by town of connected buildings the category of towns. ]

[Khalil said that it should be in the oldest Masjid of the locality.)

15.3d. The group

[The second is a precondition for validity, i.e. for establishing the Jumu'a there must be a group. They do not give the number with Imam Malik, but what is meant is the existence of those who are independent in terms of defence and mutual help in things necessary for life. When can remain indefinitely with security and the power to defend themselves, then the Jumu'a is valid, even if there are only twelve men remaining to complete the prayer with the Imam. There is no difference between the first Jumu'a and others.

15.3e. The khutba

There must be a khutba before the prayer.

[It is obligatory in the famous position, and it is said that it is sunna. They are both related in the preferences. It is a precondition of validity because it is not transmitted that the Prophet prayed Jumu'a without a khutba. If they pray without a khutba, then they repeat it within the time. If they do not repeat until the time has gone, they repeat it as Dhuhr. ]

15.4. Preconditions for the khutba

15.4a. Khutba before the prayer

[There are preconditions for the validity of the khutba. The author indicates them, beginning with the khutba before the prayer since the Almighty says, "Then when the prayer is finished spread through the earth." (62:10) The fa' is for the order and consequence. It does not deny that people disperse after the prayer and it is not incompatible with its being after the khutba if the khutba is after the prayer. "Afterness' is a wide preposition. That is what was done by him and the Rightly-guided khalifs after him. Whoever is ignorant and prays before the khutba repeats the prayer only. One precondition is that it is after midday. One of them is that it is in the presence of the group by whom the Jumu'a is constituted. One of them is that it is two khutbas. If there is one khutba and then he prays, the Jumu'a is repeated after the second khutba. The separation between the two khutbas by the prayer is slight, and so it does not oblige the invalidation of the first khutba.

The least of what satisfies the khutba in the well-known position is that to which khutba is applied to by the Arabs. It is a form of rhymed words different from poetry or prose. For it to be done not in Arabic is null. If no one can be found who knows Arabic, then it is cancelled. It is said that its minimum is "Al-hamdu lillah" and the prayer on the Messenger of Allah" and cautioning and good news. This is weak since the accepted position is that they are recommended in the two khutbas. Another precondition it is that it is outloud. If it is silent it is null. There are two well-known positions about whether purification is a precondition for its validity. One of them if that purification is not a precondition and it is disliked without it.]

15.4b. Leaning on a bow or staff and sitting in the middle

During the khutba the imam should lean on a bow shaft or a staff. He should sit before the start of the khutba and in the middle of it.

[While he is giving his khutba, it is recommended that he lean on a bow shaft or staff.

He sits at the beginning of the khutba and in the middle. There is disagreement about this and in standing for it. Al-Maziri says that standing for it is obligatory and a precondition, It is said that it is a sunna. If he gives the khutba sitting it is valid, but he behaves badly. So both of the first and second sitting are sunna in the well-known position. The length of the middle sitting is that of the sitting between the two prostrations. The basis in what he mentioned is that continues to be the action in all cities and times from the time of the Prophet until now.]

15.4c After the khutba

The prayer is performed when the khutba is over.

[It is a precondition to connect the prayer to the khutba, and a short gap is overlooked as opposed to a large one. It is obliged as a precondition that the Imam of the prayer is the khatib. If something prevents his imamate, like breaking wudu', or a nosebleed, and water is near, the prayer must wait for him. If it is far, he delegates someone, and it is desirable that he delegates someone who was at the khutba. ]

15.5 The Rak'ats of Jumu'a

15.5a. Two rak'ats done outloud

The prayer consists of two rak'as in which the imam recites outloud.

[There is agreement that the prayer is two rak'ats. If it is deliberately more, it is invalid. If he adds out of oversight, then he procedes on the basis of having added something to the prayer. The Imam must intend to be the Imam. Otherwise the intention is not adequate. It is recommended to perform the prayer at the beginning of the time. Bahram said that there is no one disagrees that the beginning of its time is midday. The well-known position is that it extends until sunset.]

15.5b. Recitation in it

In the first rak'a he should recite Surat al-Jumu'a (62) or something similar and in the second Surat al-Ghashiya (88) or something similar.

[There is consenus that recitation in it is outloud. In the first rak'at after the Fatiha he recites Surat al-Jumu'a (62). Ibn 'Umar objects to "or something similar" since it is recommended to recite Surat al-Jumu'a (62) in it since it contains the rules of Jumu'a and because the Prophet used to recite it at the first rak'at. The answer to that objection is that he means to refute the one who said that the Prophet only recited it in Jumu'a. In Muslim we read that the Prophet recited al-A'la (87) in the first rak'at., There is no objection to the fact that in the second rak'at it is recommended that he recite Surat al-Ghashiyya (88) or its like.]

15.6 The obligation of Jumu'a

15.6a. Its obligatory nature

Going to Jumu'a is obligatory for anyone in the town or within three miles of it.

[It is agreed that it is obligatory if he meets the preconditions of the Jumu'a and has no legitimate impediment, as it is obligatory for those outside the city within three miles. That is the position of Ibn 'Abdu'l-Hakam and Ibn al-Hajib stated it. 'Abdu'l-Wahhab and others say that the distance begins from the Masjid. That is the position of the author of al-'Umda. He deduced that because the definition of three miles is by hearing, and hearing related to the minaret. If it is said that it is not obliged if it is more, that is the position of Ashhab. What is relied on is the transmission of Ibn al-Qasim, that three miles is approximate and so it is obliged for those a little beyond it, like a third or quarter of a mile. Then he indicates the preconditions of Jumu'a:]

15.6b. Those for whom it is not obligatory

It is not obligatory for travellers nor is it obligatory for the people at Mina nor for slaves, women or children.

[It is agreed that it is not obligatory for the traveller, nor for the people of Mina other than its inhabitants. It is obligatory for its inhabitants when they have a sufficient number for Jumu'a, whether they are hajjis or not. Nor is it obligatory for women or children by agreement. The basis in what was mentioned is what at-Tabarani related in al-Kabir from the words of the Prophet, "Jumu'a is obligatory for every Muslim except four - a owned slave, a woman, a child, and someone who is ill." If those for whom it is not obligatory he attends it and prays, it suffices for Dhuhr.]

15.6c. When a slave or woman is present

If a slave or a woman does attend they should do the Jumu'a prayer.

[Meaning it is sufficient for Dhuhr. In the case of the traveller, it is sufficient for Dhuhr according to Malik. Ibn al-Majishun said that it is not sufficient for him because he is not responsible for it. The nafila does not satisfy the fard. ]

15.6d. Where women stand

Women should be behind the rows of the men. Young women should not go to Jumu'a.

15.6e. The obligation to listen to the Imam

It is obligatory to listen to the imam while he is giving the khutba

[It is obligatory for everyone who attends the Jumu'a to be silent and listen to the Imam while he is giving the first and second khutbas and in the stitting between them, whether he can hear the khutba or whether the Imam abuses someone he is not permitted to abuse or praises someone he is not permitted to praise. Ibn Habib said that words are permitted if the Imam says something which is not permitted. Al-Lakhmi says that it correct. The author of the Mukhtasar confines himself to it. One does bless the sneezer and he says"Praise be to Allah" silently in himself. One does not greet nor return a greeting, even by indication. One does not drink water. In short, he is forbidden anything incompatible with the obligation of being silent, even for the one who is not listening. The basis for that is the words of the Prophet in the two Sahih collections: "Even saying, 'Be quiet!' to your companion while the Imam is speaking on the Day of Jumu'a constitutes foolish chatter." If commanding to the correct is called foolish talk, so that applies even more to other things. 'Foolish talk' is speech in which there is no good.

Among the times when speech is permitted is the time when he asks for blessing for the Companions and supplication for the ruler. It is permitted to speak during the khutba for certain matters which include a little dhikr when there reason for it, saying 'Amen' with listening to forgiveness or rescue from the Fire, seeking refuge when hearing the Fire and shaytan mentioned, and the prayer on the Prophet r when he is mentioned. All that is silent and disliked outloud.]

15.6f. Sitting facing the Imam

and you should sit facing him.

[The people face the Imam while he is giving the khutba, and all rows are the same in this. What al-Baji says about the first row not having to do that is weak.]

15. 7. Other points related to Jumu'a

15.7a. Ghusl

It is also necessary to do a ghusl before going to Jumu'a.

[Ghusl for the Jumu'a prayer is obligatory, not for the day. It is part of the adab of the prayer. It is obligatory as a confirmed sunna. Its time is before the Jumu'a prayer. It must be connected to going out to the Jumu'a in the well-known position. Ibn Wahb said that if he washes after Fajr, that is enough, even if it is not connected to going out. It is performed the same as the ghusl on account on janaba.]

15.7b. Going early to the Masjid

It is recommended to get to the Masjid early but not right at the beginning of the day.

[One of the adab of Jumu'a is to go early. It is recommended because the Prophet and the Companions used to do that, i.e. they went to the Masjid at this time. The first of what satisfies it is the sixth meant where the Prophet says, "Whoever washes on the Day of Jumu'a and then goes in the first hour, it is as if he offered a camel." It is not at the beginning of the day for that is disliked because the Prophet did not do it and none of the Companions did it.]

15.7c. Perfume and best clothes

It is also good to put on perfume and dress in your best clothes.

[It is recommended that perfume be put on for it. One of the adab of the Jumu'a is to use perfume for the one who attends it - men but not women. It is perfume whose colour is hidden and scent is discerned, like musk. By it he intends to obey the sunna and does not intend boasting and showing off.

One of the adab is to deck oneself in one's best lawful clothes. It is that which the people of the Shari'a consider good on this day, Friday: it is white. The basis is in what Abu Dawud related from the hadith of Abu Hurayra where the Messenger of Allah said, ""If anyone bathes on Jumu'a, puts on his best clothes, applies on scent in his house if he has any, then comes to Jumu'a, and takes care not to step over the necks of people, then prays what was prescribed for him and then keeps silent when the Imam comes out until he finishes his prayer, it will expiate for what happened in the previous week." Abu Hurayra says "And three days more." He says, "The good actions is multiplied ten times."]

15.7d. Leaving without doing nafila

With us it is preferred that you should leave after finishing the prayer without doing any nafila rak'as in the Masjid.

[The Malikis prefer that one who prays Jumu'a leave after finishing the tasbih and the like connected to it and not do any nafila in the Masjid, whether Imam or follower. It is is like that by agreement about the Imam. According to one statement about the follower, i.e. it is part of the adab that the one who prays Jumu'a leave after the prayer and not do any nafila is based it being is related that Ibn 'Umar prayed Jumu'a and left and prayed two rak'ats in his house. Then he said, 'The Messenger of Allah used to do this with nafila after them." As for before, it is permitted for the follower rather than the Imam, i.e. desirable.]

15.7e. Nafila before Jumu'a

You can do nafila rak'as before Jumu'a.

[The one who is a follower in the Masjid can do nafila before Jumu'a if he wishes as long as the Imam has not sat on the minbar. If he sits, then there is no nafila. When he comes out for the khutba, he does not do nafila. When he enters while he is doing nafila, he makes it quick.]

15.7f. The Imam does not do nafila

The imam should not do any nafila rak'as before the prayer but should go straight to the minbar when he comes in.

[The Imam does not do nafila before Jumu'a in the Masjid, i.e. it is disliked for the Imam since the Prophet did not prayer before Jumu'a at all. Ibn 'Umar said that that is the same whether there is ample time or not.

The recommended adab include trimming the moustache and nails, plucking the armpits, shaving the pubes when that is needed, using the tooth-stick and walking to the prayer based on what is reported about that in traditions.]

[Hamoudeh]

Chapter Sixteen: The Fear Prayer

16.1 Its Judgement

[Al-Qarafi says that it is possible to define it as doing one of the five fard prayers. Its judgement is obligatory, i.e. obligatory as a sunna. Ibn al-Mawwaz said that it is an allowance and the author of the Mukhtasar confines himself to the truth of the allowance for it, a which is the legal principle of the excuse which allows waht is forbidden, like eating carrion. It is prescribed by an excuse, which is necessity while confirming the existence of the forbidden, which is foulness in carrion. By analogy he says here that it is prescribed for an exuse, which is fear, with the establishment of the forbidden, which is altering the prescibed prayer.

There is no contradiction between its being sunna and its being an allowance because the allowance can become an obligation: like eating carrton for one so compelled. The evidence for the confirmation of its judgement and that it is not abrogated is the Book, the Sunna and consensus. Al-Muzani claims that it is abrogated, but that is rejected. As for its evidence in the Book, it is the words of the Almighty, "When you are with them É" (4:102) In the Sunna, part of it is what Yazid ibn Ruman related with his isnad that a group prayed with the Prophet while a group faced the enemy. He prayed one rak'at with them and then remained standing and they led themselves. Then they went and faced the enemy and the other group came and he led them in the remaining rak'at and then remained sitting and they led themselves. Then he said the salam with them. As for consensus, a group of the Companions prayed it after the death of the Prophet , including 'Ali ibn Abi Talib, Abu Hurayra, and Abu Musa, and none of the Companions objected to it. It was done on journeys and while resident, singly and in groups. ]

16.2. When it is done on a journey

The fear prayer is done when travelling if there is fear of trouble from an enemy.

[The fear prayer is done when the Muslims fear the enemy, i.e. they believe or think that there is harm from the enemy. What is meant are the unbelievers because fighting them allowed, and there is an analogy made to include revels.]

16.2a. Beginning the Fear Prayer

The imam steps forward with one group leaving the other group to face the enemy.

[As in al-Mukhtasar, whether the enemy is in qibla or not. It is like that as opposed to Imam Ahmad who said that if the enemy is in the direction of the qibla, they all pray with the Imam without any division since they see the enemy. It is not a precondition that the two groups be equally divided as opposed to the one who makes that a precondition. The sound version is that each group should have power to resist the enemy. If the enemy can be resisted by half, they are divided in two halves. If they can be resisted with a third, he prays with a third the first rak'at, and with two-thirds in the second. According to the Imam he informs people how it will be done they begin the prayer to avoid confusions since most people are not familiar with it.]

16.2b.The first group

He prays one rak'a with this group and then remains standing while they pray a second rak'a by themselves. They then say the salam and go and stand where their companions were standing.

[He leads the group in prayer and remains on his own and then they leave him. If that happens deliberately before he is on his own, then their prayer is invalid. When he is on his own, he can chose between standing between recitation, supplication or silence. Then they pray a rak'at on their own, say the salam and go to replace the second group in facing the enemy.]

16.2c. The second group

This second group then come and do the takbir al-ihram. The imam prays his second rak'a with them and then does the tashahhud and says the salam whereupon they pray their second rak'a and finish their prayer.

[Then the second group say the ihram and stand behind the Imam who prays the second rak'at. The Imam says the tashahhud and salam in the well-known position. A counter view it is that he does not say the salam, but indicates to the second group to stand for the second rak'at which they owe and pray it, and he says the salam for it. So they catch the salam with him as the first group caught the ihram. The well-known position is that the Imam says the salam and does not wait for the second group who pray with him one rak'at and left the Imam. They make up the rak'at they missed with him and finish.]

16.2d. The case of Maghrib

This is what is done for all the fard prayers except Maghrib when the imam prays two rak'as with the first group and one with the second.

[In Maghrib, the Imam prays two rak'ats and says the tashahhud. After he has said the tashahhud, he stands and remains so according to the well-known position and indicates to the first group to stand. Then they stand and complete their prayer on their own. They say the tashahhud and the salam and leave and take the place of their companions. Then the second group come and say the ihram behind him and he leads them in praying a rak'at and then says the tashahhud and salam. Then they finish the two rak'ats they missed with the Fatiha and sura and then they go. This description which the shaykh mentions is the well-known one from the position of Malik, and he considers it sound that the Prophet did it.

It was two preconditions: the first is that the fighting is permitted, i.e allowed, and it includes the obligatory, like fighting the people of shirk and rebellion, and the permitted, like fighting those who desire property and that those who pray with Imam can leave. If the enemy is such that they cannot resist the ambush, then the second is not permitted when the fear ends in the course of the prayer. They complete it with the quality of security. If there is security after the prayer, it is not repeated. This is the description of the fear prayer when travelling. ]

16.3. When it is done while Resident

16.3a.When there is danger

If an imam is leading the prayer in a situation of great danger for a group of people who are not travelling, he prays two rak'as with each group for Dhuhr, 'Asr, and 'Isha.

[When they are resident, the Imam can lead them in the fear prayer. The expression of al-Jallab is clearer than this: "When there is fear in the resident prayer, it is not permitted to shorten the prayer, but it is permitted to divide the people. So the Imam leads one of the two groups in two rak'ats and sits and does the tashahhud and then indicates them to stand to complete it. It is said that he stands when he finishes his tashahhud and waits for them to finish and go and the others to come, standing, silent or making supplication, not reciting. Then he prays the remaining two rak'ats with the second group. Then he says the salam and they finishes what they misses after the salam, It is said that he waits for them to make up what they missed and then says the salam, and they say the salam with his salam, but the first is the well-known.]

16.3b. The adhan and iqama

The adhan and the iqama are done for each prayer.

[Travelling and when resident in a group. This is because every prayer is an obligation absolutely in the journey, and when resident. ]

16.4. The Fear Prayer done alone

If the situation is too dangerous for even this, then everyone should pray individually as best they can, either on foot or horseback, walking or running, and whether facing the qibla or not.

[If it is too dangerous for a group prayer, then they pray individually as best they can in ruku' and prostration. If they cannot do that, they use gestures to indicate prostration lower than bowing. They can be on foot or mounted on horses or camels, walking or running, facing qibla or not. Then they do not have to repeat it when they are safe, wither in the time or after it. The basis for what he mentioned is the words of Allah Almighty, "If you fear an enemy, then pray on foot or riding," (2:239) and His words, "Remember Allah standing and sitting and lying on your sides. When you are safe again do the prayer in the normal way." (4:103) So Allah Almighty commands that you pray the prayer in its time according to the situation. In the Muwatta', Ibn 'Umar said, "When fear is intense, then pray, standing, and on foot or riding, facing qibla or not." Nafi' said, "I do not think 'Abdullah mentioned that except from the Messenger of Allah."]

NOTE: It is permitted in a state of intense fear to walk a lot and to rush, which is to move the foot, jab with the spear, and shoot the arrow and speech, even if it is a lot if he needs to do that in what is connected to them, like warning someone about someone who is aiming at him, telling him to kill him, glorification and boasting when shooting, or rajaz portry if he prepares that to weaken the enemy. Otherwise there is no need for it.

This post has been edited by Hamoudeh: Feb 5 2005, 07:20 PM

[Hamoudeh]

Chapter Seventeen: The two 'Id prayers and the takbirs on the days of Mina

[This is Fitr and Adha. He clarifies the time for going out to them and how they are done, and clarifies the path by which one returns from them and what he does and what he says when he goes out to them. He also explains the takbirs in the days of Mina and the time in which the takbir occurs on the days of Mina and clarifies what it is recommended to do on the day of the 'Id. He begins with their judgement]

17.1 Its judgement

Praying the two 'id prayers is an obligatory sunna.

[What is meant is that both of them are confirmed sunnas. So it is a confirmed sunna and is an individual sunna in respect of the one obliges to go to Jumu'a: a legally responsible free man, etc. It is not sunna for a slave, child, madman, women or traveller. The traveller is the one who is more than three miles outside the land of Jumu'a, but it is recommended for the one who is not commanded to it to pray it. So it is desirable for the slave, woman, child and the one a parsang outside the land of Jumu'a although there is an exception for the hajji traveller at Mina. They are not commanded to establish it nor is it desirable or sunna because the standing at the Mash'ar takes the place of his praying Jumu'a. As for the people of Mina, their praying for it in a group is a blameworthy innovation. There is no harm in a man praying it for himself. It is recommended for someone who misses the 'Id prayer with the Imam to pray it alone. If a woman goes to it, she does not wear clothes meant to attract people's attention nor does she put on perfume out of fear of sedition, i.e. doing that is unlawful is the fear is probable, and it is disliked if it is uncertain. The old woman and others are equal in this. ]

17.2. How to do the prayer

17.2a. The time of setting out

The imam and the people should leave for the prayer early in the morning so that by the time they arrive at the prayer place the time for the prayer has come.

[The time for setting out for the 'id prayer for the Imam and people is after sunrise so when they reach the place of prayer, it is time for the prayer. This is for the one whose house is near. As for the one whose house is far, he leaves before that so that he can catch the prayer with the Imam. This is the clarification of the time of setting out, not the time of the prayer which he mentions: when he arrives, it is the time of the prayer.

Its time is when the sun is the height of one or two Arab spears, which is 12 spans, by the medium span. This is is relation to what the eye sees. In actual terms, it is when the sun has traverses the distance which only Allah knows. It is recommended to go out for it to the place of prayer except with an excuse. Makka and other places are the same in that. Imam Malik said that the people of Makka prayed in the Masjid al-Haram, i.e. in sight of the Ka'ba. It is an act of worship lacking elsewhere. It is reported that every day 120 mercies descend on this House, 60 for those doing tawaf, 40 for those praying, and 20 for those looking at it.

It is recommended to walk when going to the 'id prayers rather than returning beause he has finished an act of nearness. It is recommended to eat before going to the prayer on the 'Id al-Fitr but not the 'Id al-Adha.]

17.2b. No adhan or iqama

There is no adhan or iqama for the 'Id prayers.

[In the well-known position there is no call for the prayer to gather based on what is found in Muslim from 'Ata'. Jabir reported that there is no adhan on the Day of Fitr before the Imam goes out nor after he goes out and there is no iqama or call in the Masjid of the prayer and nothing is done to announce the prayer, like beating a drum, for instance. When there time comes, there is no adhan or iqama or call. The Imam simply begins the prayer.]

17.2c. Two rak'ats recited outloud

The imam leads the prayer in two rak'as, reciting outloud in each of them.

[He leads the people by reaching the place of prayer or the Masjid after the nafila when the people are gathered. He prays two rak'ats based on what is in the two Sahih collections that the Prophet prayed it as two rak'ats. It was like that with the khalifs after them.There is no disagreement that he recites outloud.]

17.2d. What is recited

In both he recites the Fatiha and a sura such as Surat al-A'la (87) or Surat ash-Shams (91).

[According to what is in the Muwatta' and Muslim the Messenger of Allah used to recite Qaf (87) and al-Qamar (54) in Adha and Fitr. ]

17.2e. The takbirs

In the first rak'a he says seven takbirs including the takbir al-ihram. In the second he says five takbirs not including the takbir for standing up from sajda.

[He does not raise his hands in any takbir, either in the first or second except the takbir al-Ihram in the well-known position. It is reported from Malik that he recommended it in every takbir. The takbirs are connected to each other except for the amount of the takbir of thos following. It is desirable for him to separate them by that amount. If the Imam says the takbir more than seven in the first or more than five in the second, the follower does not follow him, even if that is the school of the imam. He says the takbir before recitation, even if the school of the Imam is to delay, as the literal evidence of the people of the School indicates. If the Imam forgets a takbir of the 'id prayer, he goes back as long as he has not moved into ruku'. When he places his hands on his knees, he does not go back. If he goes back, some of them deduce that it is not invalid and others deduce that it is invalid. The reason for that is he returns from a fard to a sunna.

If he places his hands on his knees having missed a takbir inadvertantly, he continues and prostrates before the salam. Anyone who comes after the Imam has finished the takbirs and finds him reciting, says that the takbir in the well-known position as opposed to Ibn Wahb. He said it is because he becomes someone who is making up in the judgement of the Imam. The opinion of the one with the well-known position is that he is not making up by the insignificance of the matter.

It is like that when he catches of the takbirs. He says the takbir with him for what he caught of it and then completes what remains of the Imam beginning the recitation. He does not say that takbir for what he has missed in the takbirs of the Imam. If he finds him in the ruku', he says the takbir al-ihram and owes nothing. If he catches the recitation in the second rak'at, he says five takbirs since the takbir of standing is cancelled for him. When he makes up the first, he says the takbir seven times counting the takbir of standing in them since he missed the takbir al-ihram.]

17.2f. Tashahhud

There are two sajdas in each rak'a and the prayer is completed with the tashahhud followed the salam.

[After the two prostrations comes the tashahhud, i.e. the prayer on the Prophet and supplication. He includes all of it. There is the salam after the tashahhud.]

17.2g. The khutba

The imam then gets up onto the minbar and gives a khutba. He sits before it begins and again in the middle.

[After finishing the salam, the Imam goes up the minbar. So the khutba is after the prayer. The khutba of the 'id is not like that of Jumu'a in respect to time. This is after the prayer and the other is before the prayer. Nor in respect of beginning. This begins with takbir and that with praise and the prayer on the Prophet. It is like it inasmuch as they are both in Arabic and outloud: that is necessary in both. The text of the Mukhtasar states that it is recommended that the khutba be after the prayer based on what is in the Sahih that the Prophet used to begin with the prayer before the khutba and this was the action of the Rightly-guided khalifs after him. He sits at the beginning and middle of it because they are two khutbas within the whole khutba according to the judgements of the 'id and what is prescribed it in is obligatory and recommended.]

17.2h After the khutba

When it is finished he leaves.

[The Imam then leaves without sitting down after he finishes the khutba if he wishes. He can stay here he he is. It is disliked for him and those following him to do nafila before it and after it if it is done in the desert based on what is in the two Sahih collections that the Messenger of Allah went out on the Day of al-Adha and prayed two rak'ats without not praying before or after them. If it is performed in a Masjid, it is not disliked either for him or those following to do nafila before or after it according to Ibn al-Qasim because the hadith was described the desert.]

17.2i. How to return home

It is recommended for him to return by a different route from the one he came by and this applies to everyone else as well.

[The Imam should return by a different route since it is affirmed that the Prophet used to do that. This is true for people because they are the same in this. As the Imam should return by a different route, so those who follow do so since the wisdom applies to all.]

17.3. On 'Id al-Adha

If it is the 'Id al-Ad-ha (sacrifice) the imam should bring his sacrificial animal to the prayer-place and slaughter it there so that everyone else can slaughter their animals after him.

[When the Imam goes to the' id prayer on the Day of Sacrifice, he should bring his animal to the prayer-place and slaughter it so that people will know and they can go and slaughter after him since they are not be permitted to slaughter before him. If someone slaughers before him, it is agreed that he must repeat it. If the Imam does not bring his animal to the prayer-place, they slaughter after he returns to his home and that it enough for them, even if they err and actually slaugher before him.]

17.4 Dhikr on the Way to the Prayer

On both the 'Id al-Fitr and the 'Id al-Adha the imam should do dhikr Allah outloud from the time he leaves his house until he arrives at the prayer-place. Everyone else does the same continuing until the arrival of the imam when they stop.

[It is recommended for the Imam or others to say the takbir when they leave the house. It is understood from his words that he does not say the takbir before he leaves. It is the well-known position. There is the position that the beignning of the time of takbir begins from sunset on the night of the 'Id. That is for the 'Id al-Fitr and 'Id al-Adha. Abu Hanifa said that he does not say the takbir for the 'Id al-Fitr. His evidence is what ad-Daraqutni related that the Prophet used to say the takbir of the Day of Fitr when he left his house until he comes to prayer place. That was the action of the people of Madina as opposed to the Salaf. It is clear that the words of the Shaykh that he says the takbir whether he leaves before or after sunrise. It is stated by Malik in al-Mabsut. Some of them transmit that that which Malik says in al-Mabsut is that the takbir is from the time of leaving the Subh prayer. Ibn 'Abdu's-Salam, who has most appropriate position, said that that especially applies to Adha to achieve resemblance with the people of the Mash'ar. This takbir is outloud according to most scholars so that he hears himself as do those near him and a little beyond that. Al-Qarafi said that the Messenger of Allah went out on the Day of Fitr and Adha, raising his voice in the takbir and that continued to be the action of the Salaf. When he reaches the prayer-place, that is the end of the takbir of the Imam.

What is meant by the people doing it is that they do the same as the Imam in beginning the takbir and its description. In the end, they differ from him because they stop the takbir when he reaches its place.]

17.4a. When the Imam says that takbir in the khutba

Every time the imam says the takbir during his khutba everyone else should repeat it to themselves. Otherwise they should remain silent and pay attention.

[Silently. According to the School, a group of the Companions did that. They are silent for other than the takbir according to Malik in the transmission of Ibn al-Qasim because they must listen and it resembles Jumu'a.]

17.5 Saying "Allahu akbar" on the Days of Mina

17.5a. Takbirs after the prayers

During the 'days of sacrifice' you should do the takbir straight after each fard prayer starting with Dhuhr on the day on the 'id and ending with Subh on the fourth day, this being the last of the days of Mina.

[It is recommended for the people to say the takbirs after the fard prayers before the tasbih, praise and takbirs. It is evident from his words that the Imam, the followers, and the one on his own, male and female, are all equal in that. He mentions the fard rather than the nafila, and the present rather than the missed prayer. The takbirs begin at Dhuhr and end with Subh on the fourth day after the sacrifice.]

17.5b. Form of takbir

The form of this takbir which is done after the prayers is: 'Allahu akbar, Allahu akbar, Allahu akbar.'

If you do tahlil and tahmid as well that is good. If you want to do that you say,

'Allahu akbar Allahu akbar la ilaha illa'llahu wallahu akbar Allahu akbar wa lillahi'l-hamd.'

This has been related from Malik. Both the first formula and the fuller version are equally acceptable.

[There are two descriptions of it. One is: 'Allahu akbar, Allahu akbar, Allahu akbar,' and the second is recommended and given. If you wish, you can combine them. This is related from Malik via Ibn 'Abdu'l-Hakam. Ibn al-Jallab recommended it. The first is also related from 'Ali and 'Iyad stated that it is well-known. Both are permitted because it is not established that the Prophet specified either of these two. When the command to do dhikr when leaving for the 'id prayer was mentioned, what is meant by is the dhikr commanded in the words of the Almighty: "Mention Allah's name on particular days," (22:28) and His words, "Remember Allah on the designated days" (2:203) is appropriate to mention on these days. That is clarified when he says:]

17.5c. "Particular days"

The 'particular days' [These are mentioned in the Qur'an.] are the three days of sacrifice. The designated days' are the days of Mina, namely the three days after the 'id.

[The designated are for the stoning mentioned in the ayat. They are the second and third days of the Day of Sacrifice. The first of the day of sacrifice is particular and not designated. The fourth is designated and not particular. The two middle days are both particular and designated.]

17.6. Preparing for the prayer

17.6a. A ghusl

It is good to do ghusl for both the 'ids but it is not necessary

[It is recommended to have a ghusl, in the same form as the ghusl for janaba. It is asked of every one with discrimination, even if not legally responsible nor intending to go to the prayer. It is not necessary as sunna. The best time is after the Subh prayer. It is enough if he washes before Fajr.]

17.6b. Perfume and best clothes

and it is recommended to use perfume and to wear your best clothes.

[Perfume is recommended for men whether or not they go to the prayer. If women go to the prayer, it is not permitted for them to use perfume, and there is no difference between old woman and others. There is no harm is they do not go out. It is recommended for men to wear their best clothes, which means new, even if they are black. All the evidence for that is in the sunna. In the hadith of Ibn 'Abbas, "The Prophet used to bathe on the Day of Fitr and Adha and put on perfume and encouraged that and he ordered us when we went to the place of prayer to wear the best clothes we had."

This post has been edited by Hamoudeh: Feb 5 2005, 07:19 PM