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

[Hamoudeh]

Chapter Eighteen: On the eclipse prayer

[Clarification of its general description in the solar and lunar eclipses. The terms kusuf and khusuf are synonyms and both used for the sun and moon. It is said that there is a difference between them: kusuf is when the light changes and khusuf is when the light goes entirely. The moon loses all its light, but the sun is not like that, and so khusuf is used of the moon and kusuf of the sun. Their evidence is in the Sunna where the Prophet said, "The sun and moon are not eclipsed for the death or life of anyone. When you see that, remember Allah." One variant has, "then pray." The eclipse prayer is sunna.]

18.1 The Solar Eclipse

18.1a. Its judgement

The eclipse prayer is an obligatory sunna whenever there is an eclipse of the sun.

[It is agreed that the Solar Eclipse prayer is a confirmed sunna. There is disaagreement about the lunar eclipse. The two famous positions are that the lunar eclipse prayer is recommened as al-Ujhuri stated. The solar eclipse prayer is done in a group or singly. It is better in a group.]

18.1b. How it is done: first recitation

The imam goes to the Masjid and begins to lead the people in prayer without either an adhan or an iqama. He recites silently a very long piece of Qur'an such as Surat al-Baqara. Then he goes into ruku' for the same amount of time. Then he stands upright again saying 'sami'a llahu liman hamidah.'

[When the sun is eclipsed, wholly or partly, the Imam goes to the Masjid, and when he arrives, he leads the people in prayer. There is no precondition of number in it, like Jumu'a. There is no adhan or iqama or statement, "The prayer is gathered" based on what is transmitted of the action of the Prophet. He says the takbir to begin as in all prayers. Then he begins to recite silently the Fatiha and then a long bit of Qur'an because the Prophet did that. It is defined as being like Surat al-Baqara. The School is that it is recommended to recite al-Baqara in the first standing of the first rak'at after the Fatiha. Opposite is the School that "like" indicates that it is desirable and this sura is not particular. What it is meant is the length. Then he does ruku' for the same length of time, and then comes up. The Imam says "Allah hears whover praises Him" and the follower says "Our Lord, and praise is Yours."]

18.1c. How it is done: second recitation

Then he recites another piece of Qur'an slightly shorter than the first. Then he goes into ruku' again for the same amount of time as he spent reciting. Then he once more stands upright saying, 'sami'a llahu liman hamidah.'

[Then, in the well-known position, he recites the Fatiha. which differs from Ibn Maslama who says that he does not recite. The reason for that is that it is two rak'ats and the Fatiha is not repeated twice in the same rak'at. He recites less than he did in the first standing. It is recommended that it be Ali 'Imran. In his second ruku' he says the tasbhih and does not recite or make supplication.]

18.1c. How it is done: two sajdas

Then he does two full sajdas.

[He does them with tranquillity. There are two positions about whether they are long like the ruku'. The most well-known is the first. The second is in the Mukhtasar of Ibn 'Abdu'l-Hakam. It seems probable.]

18.1d. How it is done: second rak'at

After this he stands up again and recites another piece of Qur'an slightly shorter than the previous one and then goes into ruku' for the same length of time. Then as before he stands upright again and recites one more slightly shorter piece of Qur'an which is followed by ruku' for the same amount of time as the recitation. He stands back upright again and then does two sajdas as before.

[He recites the Fatiha and then a shorter piece, and it is recommended that it be Surat an-Nisa'. Then after the third standing, he goes into ruku' in which he glorifies and does not recite or make supplication. Then he comes up and then recites the Fatiha in the well-known position and then a shorter sura than the third, and it is recommended that it be be Surat al-Ma'ida.]

18.1e. How it is done: tashahhud

Finally he says the tashahhud and then the salam.

[This is the description which the shaykh mentioned. Al-Fakhani says it is our School and the school of the majority. Its evidence are sound explicit hadiths on this previous manner which our author described. Abu Hanifa say that he prays two rak'ats like other nafila prayers.]

18.1f. Can be done at home

If you like the prayer can be done in this way in your own house.

[The eclipse prayer can be done at home when that does not lead to abandoning it in the group. If doing that leading to not doing in the group, then it is disliked to pray it at home. He then goes on to the lunar eclipse.]

18.2 The Lunar Eclipse

18.2a No group prayer

If there is an eclipse of the moon there is no group prayer.

[This is in the well-known position. It is transmitted from al-Qarafi that the prohibition is one of the nature of the haram. As for the group, Malik and Abu Hanifa forbid it because the Prophet did not gather a group for the lunar eclipse. Ashhab and al-Lakhmi allow it.]

18.2b. How it is done

When it happens people should pray individually, reciting outloud as for any other nafila prayer at night.

[People pray in their own in their houses in the well-known position of the School. An opposite position is found in the report that in al-Majmu'a that Malik said that they pray individually in the Masjid. Recitation is outloud as for other nafila, since it might be imagined that people pray in the form of the nafila without specific intention. It is possible that it has the form of of the solar eclipse. We read in at-Tahqiq, "The apparent meaning of the words of Malik is that it does not need a specific intention like other nafilas as opposed to the solar eclipse which needs a particular intention. What is desired is obtained by two rak'ats only although it is desirable to pray groups of two rak'ats until it is finished. It's time is the entire night. Its is not done when dawn comes.]

18.3. The khutba after the prayer for the solar eclipse

18.3a. No formal khutba

There is no formal khutba after the prayer for the eclipse of the sun

[There is no khutba before or after the eclipse prayer because a group of the Companions transmitted the description of the Eclipse prayer and none of them mentioned that the Prophet gave a khutba in it. As for what is related from 'A'isha that the Prophet prayed the eclipse prayer and then went and addressed the people and praised and lauded Allah, it means that he spoke some words which contained the praise of Allah and the prayer on the Prophets and admonition as would be found in a khutba.]

18.3b. Informal admonition

but there is no harm in the imam taking the opportunity to admonish and remind people.

[He reminds people about the calamities which happen in this world because of disobeying Allah. It differs from what is before it because the khutba has no meaning except this. It is not the particular form of the khutba. The Mukhtasar says that reminding is only recommended.]

[Hamoudeh]

Chapter Nineteen: On the Rain Prayer

[Clarification of the time when it is done, which is in the early morning until the sun declines. He clarifies the place where it is done, which is the desert. Its name, istisqa' linguistically means to ask for drink and in the Shari'a it is to ask Allah for water beause of drought which has occured.]

19.1 Its judgement

The rain prayer is a sunna which is acted upon.

[The Rain prayer is a sunna which it is confirmed should be prayed, and is not abandoned. This differs from Abu Hanifa who says it is not prescribed. The evidence for its being prescribed is what is in the two Sahih collections: that the Prophet went out to the place of prayer and prayed for rain from Allah. He faced the qibla and reversed his cloak and prayed two rak'ats in which the recitation was outloud. There is no disagreement that the supplication is after changing the cloak and after facing the qibla and after the prayer.]

19.2 Who performs it

The imam goes out for the prayer

[One variant has the "Imam and the people". It appears to be general, but that it not the case. They are divided into those who go out for it and those who do not go out for into three groups. One group go out to it by agreement: they are the legally responsible Muslims, even if they are slaves or women who normally go out and children with understanding. One group do not go out for it by agreement: young women and menstruating women. There is a group about whom there is disagreement: they are the children who do not understand, young women who are not tempting and the people of the dhimma. The well-known position for other than the people of the dhimma is that they do not go out. The well-known position for the people of the dhimma is that they go out with the people, not before or after them. They do not mix with the people, but are to one side.

It is recommended that the Imam command the people to repent and avoid injustices. That is before they go to the place of prayer because sins are a cause for misfortunes. Allah Almighty says, "Whatever strikes you of an affliction is by what your hands earned." (42:30) The reason for denying the answer, as has come in hadith was made clear by al-Fakhani when he says, "The dusty dishevelled slave stretches out his hands to the heaven, 'O Lord, O Lord' while his food is haram, his clothing is haram and he is nourished by the haram, so how can he be answered like that?" He commanded them to give sadaqa and charity. It is recommended to fast thee days before the rain prayer and they go out in ragged clothes and humility with transquility and gravity. The well-known position is that the Imam says the takbir when they go out to it.]

19.3 Its time

in the early morning as for the 'id prayers.

[It is probable that the resemblance is in the prayer-place, i.e. the Imam goes out to the prayer place as he goes out for the 'id, i,e. for other than the people of Makka, They pray for rain in the Masjid al-Haram as they pray in it. Then he says, "morning" to clarify the time of going out. ]

19.4. How it is done

19.4a Two rak'ats

He leads the people in two rak'as

[When the Imam reaches the prayer-place, he leads the people in only two rak'ats by agreement of those who say that it is prescribed. It is permitted to do nafila before and after it. Ibn Habib transmitted that that it disliked from Ibn Wahb by analogy with the 'id prayer. The one who says that it is permitted distinguishes the rain prayer as being intended to seek nearness by good actions to remove punishment, which is not like the 'Id prayer.]

19.4b. Recitation

in which the recitation is outloud. He recites Surat al-A'la in the first rak'a and Surat ash-Shams in the second. He does two sajdas and one ruku' in each rak'a and finishes with the tashahhud and the salam.

[It is agreed that the Prophet recited outloud in them. In the first rak'at he recites the Fatiha and Al-A'la (87) in it, and the like of that in the second with the Fatiha and ash-Shams (91). These two suras are mentioned because the Prophet recited them in it. There are two prostrations in each rak'at. There is one ruku' is avoid being like the eclipse prayer. When he finishes the final prostration, he does the tashahhud and salam.]

19.5. The khutba

He then turns and faces the people. When everyone is quiet he stands and, leaning on a bow-shaft or staff, gives two khutbas sitting down between them.

[It is desirable while he is sitting on the earth. He does not ascend a minbar because this situation demands humility. When they are still in their places, it is recommended that he stand and begin to speak. The two khutbas in the Rain Prayer resembles that on the two 'ids in that they are after the prayer and he sits in them at the beginning and second. That is what the Prophet did it.]

19.6. Changing the cloak

When he finishes he faces the qibla and then turns his cloak inside out, putting what was on his right shoulder on his left shoulder and vice versa. He does not turn it upside down. Everyone else does the same except that he is standing and they remain seated.

[When he finishes the khutba, he faces the qibla where he is and changes his cloak, for luck, to indicate the change of their state from hardship to ease. This is what the Prophet did. He does not turn his cloak upside down. Sanad said that because that is not recorded from him nor from anyone after him. The description of turning is to put the lower edge on the top and the top on the bottom, based on what is in that of bad luck in respect for His words, "We turned the place completely upside down." (15:74) As for changing what is on the right to the left, it is only possible by turning it inside out. Then the men but not the women do the like of that of the Imam, if they have cloaks and change their cloaks while seated. The Imam changes it while standing.]

19.7 Supplication

Then, while like this, the imam makes du'a' after which he and everyone else leave.

[This is done while he is standing facing qibla. It is done outloud and the supplication is of medium length, neither long nor short. Part of the Prophet's supplication was, "O Allah, give water to Your slaves and animals and spread your mercy and give life to your dead land." It is recommended for the one who is near to the Imam to say "Amen" after his supplication and to raise his hands with the palms towards the earth, looking at the sky. Then according to the well-known position they leave. It is said that he returns facing the people, reminding them and supplicating, and they say Amen to his supplication and then go.]

19.7a No takbirs

There are no special takbirs in this prayer or in the eclipse prayer. There is just the takbir al-ihram and the normal takbirs for going into ruku' and for going into sujud and coming back out of it. There is no adhan or iqama for the rain prayer.

[There is no takbir in the khutba. Takbir is replaced with asking forgiveness. He says, "I ask the forgiveness of Allah the Immense. There is no god but Him, the Living, the Self-Subsistent, and I turn to Him." In the two khutbas, he often says, "Ask for the forgiveness of Your Lord. He is Forgiving and will send the rain on you in torrents, support you with wealth and sons, appoint gardens for you, and make rivers flow for you."]

[Hamoudeh]

Chapter Twenty-One: The Funeral Prayer and the Supplication for the Dead

[Ibn 'Arabi says that the position of Khalil is that jinaza is the bier and janaza is the dead person. Ibn al-Asma'i said the opposite. Al-Farra' said that they mean the same. Ibn Qutayba said jinaza is the corpse. Al-A'rabi said that jinaza is the bier. It is derived from janaza, when something becomes heavy, or from covering something and so it is appropriate.

The chapter also clarifies the judgment of the prayer on the dead person which is fard kifaya. He can be prayed over at any time, day or night, except sunrise and sunset: it is forbidden at those times. It is disliked in the disliked time. In the first case it is repeated as long as he has not been buried. It is not repeated in the second at all. The place of that is when change is not feared for him. Otherwise the prayer is permitted without dispute.

Every dead Muslim is prayed who was not a martyr in battle. There is no prayer over someone who has already been prayed over already. The prayer over him is led by the one he commanded to do it. Such a person is preferred to the local authority if he is known to be good and the blessing of his supplication is hoped for unless it is know that there was enmity between him and the deceased. Then it is not permtited to designate him.]

21. 1 The Pillars of the Funeral Prayer

[The pillars of the janaza prayer are five:

1-Standing. If they pray sitting, it is not allowed except on account of a valid excuse (like illness). This is according to the position that it is obligatory. The evidence for the obligation is understand from His words, "Do not ever pray over any of them who dieÉ" (9:84) based on the understanding which is opposite thhe judgement of what is said: it is that the obligation of praying over the believers is not contrary to the judgement articulated, which is lack of respect of the prayer over the believers.
2-The ihram, i.e. the intention
3-The salam.
4-Supplication.
5-The takbirs.]

21.2 How to do the prayer

21.2a. Four takbirs

The janaza (funeral) prayer contains four takbirs.

[Since the Prophet did that. That is since it was confirmed that in the last prayer that the Prophet prayed, he said four takbirs. If he says the salam after three out of forgetfulness and then remembers soon after, he returns with only the intention, and he does not say that takbir since that would increase the number. He says that the takbir and count it as one of the four. Ibn 'Abdu's-Salam said that. If the Imam does an extra fifth,the followers says the salam and do not wait for him. Ibn al-Qasim related that. Ibn Harun opposed that, saying that when the Imam stands for the fifth out of forgetfulness, they wait for him so that they say the salam with his salam. Al-Mawwaq said that he heard Ibn al-Qasim say that if the Imam is one of those who say the takbir five times, the followers stop after the fourth and do not follow him in the fifth. It is understood that if he is one of those who do not say five takbirs, but he says a fifth inadvertantly, then the follower does not stop, but he remains still. When the Imam says the salam, the follower says his salam. Malik says that in al-Wadiha as does Ashhab.]

21.2b. Lifting the hands for the first takbir

You lift your hands for the first takbir and there is no harm in doing so for each of the others.

[This is one of four statements and it is made by Ashhab. He said that he raises his hands in the first and can choose in the rest. If he wishes, he raises them. If he wishes, he does not raise them. The second position is that he raises them in every takbir. This is in the Mudawwana and Ibn Habib preferred it. The third, which is also in the Mudawwana, is that he raises them only in the first takbir, and raising them in the others is contrary to the first. At-Tunisi preferred it. The fourth is that he only raises them in the first and not others. It is more well-known than raising them in all.

[It was already stated that the supplication is one of the pillars of the prayer, and so the prayer is repeated if it is omitted. There is disagreement about the supplication after the fourth. Sahnun affirmed it by analogy with the rest of the takbirs. The rest of the people opposed him by making an analogy with lack of recitation after the fourth rak'at because the four takbirs take the place of the four rak'ats, i.e. the social form of the four takbirs with what they contain of supplication takes the place of the four rak'ats, and as there is no recitation after the fourth rak'at, so there is no supplication after the fourth takbir. It does not mean that each takbir is in the position of a rak'at, which it observed alone or with the supplication. The probable meaning of the Shaykh is that he can choose.]

21.2c. Supplication after the fourth rak'at

If you like you can make a du'a after the fourth takbir before the salam or if you like, you can say the salam directly after the takbir.

[ A third position.]

NOTE: The shaykh did not speak about the intention, which is one of the pillars. It is that he intends with his heart to pray over this deceased persob while remembering that it is a fard kifaya. There is no harm that he neglects the final point. It is valid as it is valid if he prays over him believing that it is praises and there is remembrance, and the reverse. That is also the case if he thinks it is someone and then it becomes evident that it is someone else because his intention was the person present before him. This is not the case when there are two or more on the bier and believes that there is only one. It is repeated by all since the one was not specific. Otherwise, it is repeated over the one who was not specified whom he intended. If he intends one particular one and then it becomes clear it is two or more, and the one he named was not of them the one, then it is repeated over all. If he intends the prayer on whoever is in bier while he believes it to be a group and then it is clear that it is one or two, it is sound because one or two are part of a group.

21.2d. Where the Imam stands

The imam stands opposite the middle of the body if the dead person is a man and opposite the shoulders if it is a woman.

[It is recommended that the Imam stand here, and it is the same for the one alone. These details are known in the Maliki School. Ibn Sha'ban said that for a man and woman he stands wherever he likes.]

21.2e. The salam

The salam for this prayer is said once quietly both by the imam and those following him.

[In the well-known position. One position has 'quietly" and so one combines and says it quietly. This is for both the Imam and follower. This differs from what is in the Mudawwana that the Imam says the salam of the janaza so that the one next to him can hear it. The one following says the salam so that only he can hear. If the one next to him hears it, there is no harm.]

21.3 Reward for the prayer and attendance

There is a great reward to be gained from doing the prayer and for being present at the burial. This reward is equivalent in size to Mount Uhud.

[This is clarified in the words of the Prophet in the Sahih, "Whoever follows a janaza of a Muslim in belief and expectation, and remains with it until he prays over it and leaves after it is buried returns with a reward of two qirats. Each qirat is like Uhud. Whoever prays over it and then returns before he is buried he returns with a qirat."]

21.4. The first three supplications

21.4a No specific formula

There is no specific formula for the du'a to be made when doing the funeral prayer.

[There is nothing specific because there are various supplications related from the Prophet and the Companions in that. Ibn al-Hajib and others relate the agreement that no specific supplication is recommended. That is followed by the fact that in the Muwatta' Malik recommends the supplication of Abu Hurayra which is: "O Allah, he is Your slave and the son of your slave and the son of your woman slave. He used to testify that there is no god but You alone with no partner and that Muhammad is Your slave and Your Messenger and You know him best. O Allah, if he is good, then increase his goodness. If he did evil, overlook his evil actions. O Allah, do not deny us his reward and not tempt us after, him."]

21.4b. All are possible

All the things which have come down are acceptable.

[Any supplication is permissible, so say what you like.]

21.4c. One excellent form

One good thing to say after doing the takbir is: Praise be to Allah who makes dies and brings to life and praise be to Allah who beings the dead to life. To Him belong Greatness, Sovereignty, Power, Exaltedness and He has power over all things. O Allah, bless Muhammad and the family of Muhammad as You blessed and were merciful to and poured goodness on Ibrahim and the family of Ibrahim. In all the worlds, You are Praiseworthy, Glorious.

O Allah, he is your slave and the son of Your slaves. You created him and provided for him. You made him die and You will bring him to life and You know best about his outward and his inward. We have come to You as intercessors on his behalf so please accept our intercession. O Allah, we seek safety for him by Your bond of protection with him. Certainly You keep Your word and promise. O Allah, protect him from the trials of the grave and from the torment of Jahannam. O Allah, forgive him, have mercy on him, pardon him and grant him well-being. Be generous to him when he arrives and open the way wide for him to come in. Wash him with water, snow and ice and cleanse him from his wrong actions as a white garment is cleansed of dirt. Give him a home better than the home he had, a family better than the family he had and a wife better than the wife he had. O Allah, if he was right-acting, increase him in right-actions and if he was wrong-doing, then overlook his wrong actions. O Allah, he has come to You and You are the Best that anyone can come to. He is in need of Your mercy and You have no need to punish him. O Allah, make his speech firm when he is questioned and do not rest him in his grave beyond what he can bear. Do not deprive us of our reward for doing this on his behalf and do not test us after him.

21.5 The fourth prayer

You say this after each takbir and then after the fourth takbir you say, 'O Allah, forgive those who are alive and those who are dead, those present with us and those absent, those who are young and those who are old, those who are male and those who are female. You know everything that we do and where we will end up - and forgive our parents and those who have gone before us with iman and all the muslims both men and women and all the muminun both men and women, the living and the dead. O Allah whoever of us You keep alive, keep him alive in iman and whoever You take back to Yourself take him back as a Muslim. Make us glad when we meet You. Make us pleasing at the time of our death and make death pleasant for us. Make it a source of rest and happiness for us,' After this you say the salam.

21.6 If the dead person is a woman

If the dead person is a woman you say, "O Allah, she is your slave and the daughter of Your slaves.É" and you go on making the object of the du'a feminine rather than masculine. The only difference is that you do not say, "Give her a husband better than her husband. . ." because in the Garden she can be the wife of the man who was her husband in this world and the women of the Garden are attached only to their husbands and have no desire for anyone else. A man may have many wives in the Garden whereas women only have one husband.

[NOTE: If you do not know whether the dead person was male or female, you intend the prayer over the one who is present, as when you do not know whether it is one or several. You say in your supplication, "O Allah! They are your slaves and the sons of your slaves," and use the masculine plural.]

21.7 Praying over several at once

There is no harm in having one funeral prayer for several dead people.

[This means it is recommended by a group of scholars as opposed to the one who said that they are not put together and that one prays over every dead person on his own. According to the statement that there are several in the same prayer, in what form are the corpses are laid out: is the best put near the Imam and others towards qibla or are they put in one row with the best of them near the Imam? The first is indicated.]

21.7a. The best arrangement of the bodies

If there are both men and women among the dead, the men are placed next to the imam. If there are only men, the best of them is placed next to the imam. If there are women and children as well, they are placed behind the men in the direction of the qibla.

[What he mentioned of putting women before children is based on the position of Ibn Habib. Its opposite is well-known: it is that free adult men are near the Imam, the best and then next best, and then young free men and then hermaphrodites, then male slaves, then free women, then young girls, then female slaves.]

(Khalil puts male slaves ahead of hermaphrodites)

21.7b. Second arrangement: placing them in a row

There is no harm in a number of bodies being placed in a row in which case the one nearest the imam should be the best of them.

[This is when they are all the same type, like all men, all women, or all children. When there are men, women and children, the men are put in the row in front of the Imam, then children in a row, then women in a row. This is in respect to the corpses. As for the imamate, the one with the most knowledge is put first, then the best, then the oldest. Then he discussed when multiple burial is necessary.]

21.7c. Multiple burial

If a number of people are being buried in one grave the best should be nearest the qibla.

[Based on what is in the four Sunan that Abu Dawud, at-Tirmidhi, an-Nasa'i and Ibn Majah that the Prophet said on the day of Uhud, "Dig and make it wide and deep and good, and bury two and three in the same grave. Put the one with the most Qur'an first." At-Tirmidhi said that it is sahih hasan. It is clear from the words of the shaykh that it is absolutely permitted to put them together in one grave in case of necessity or otherwise. That is not the case. If necessity demands it, it is permitted. Otherwise, it is disliked. The permission is based on necessity and that is dislike when it is not necessary when they are buried at the same time. If we want to bury a corpse on top of another after he has been buried, that it is forbidden because the grave holds the dead and he is not disinterred unless there is a necessity in which case it is not forbidden.]

21.8 Making up a missed prayer

21.8a When someone has been buried without the prayer

If someone has been buried without the funeral prayer having been done for him and the grave has already been filled in, then the prayer should be done over his grave.

[According to Ibn al-Qasim. Ashhab says that there is no prayer over him. Al-Qarafi, who is the better, said, "As for what is related that the Prophet prayed on the grave of the poor woman, that was special for her or because he had promised her that he would pray over her."According to the statement that there is a prayer at the grave, it is said that the prayer is said over someone who probably would not have decomposed. It is said that it is not permitted after two months. It is understood by his words that if the grave has not been filled in it, he is brought out and prayed over. Even if it has been filled in and buried, he must be brought out and prayed over as long as it is not feared that he has decomposed.]

21.8b No second prayer

You do not do the funeral prayer a second time if it has already been done once.

[This is disliked, whether the one who wants to pray the second time is the one who prayed the first time or not.]

21.8c. The prayer over most of the body

The funeral prayer is done for a person as long as the majority of the body remains.

[Meaning two-thirds or more because the judgement of the majority is the judgement of the whole. He intends the prayer over all the dead person, what is present of him and what is absent. One does not pray over half of a body according to Ibn al-Qasim. That is the accepted position, even if it is more than a half and less than two-thirds because it would lead to prayer on the absent. A small absence is overlooked because it is inconsequential.]

21.8d. When only a little of the body is left

There is a difference of opinion about whether you do the funeral prayer for, for example, someone's hand or foot.

[The example is applied to the thing itself. So he mentioned the disagreement about the hand and foot. Malik said that one does not pray over it because its owner may be alive. Ibn Maslama said that one prays over the hand or foot and intends the dead person by it, i.e. when it is probable that its owner is dead.]

[Khalil: It is permissible to visit burial places and there are no limitations upon acts of remembrance.]

This post has been edited by Hamoudeh: Feb 5 2005, 07:58 PM

[Hamoudeh]

Chapter 40. Legal Status of Various Practices (Prayer)

This deals with things which are fara'id (obligatory), mandatory or stressed sunna or recommended. He starts with fiqh topics:

40.3. The Prayer

40.3a. The obligatory prayer and its elements

The five prayers are obligatory, as is saying the takbir al-Ihram. The rest of the takbirs are sunna.

[Hash: Saying, "Allahu akbar". This is for those who can say it properly. If one cannot properly articulate it, he begins the prayer by the intention. Ashhab said that all the takbirs are one sunna which differs from the position of Ibn al-Qasim that each one is a sunna.]

Beginning the prayer with the intention of performing the obligation is obligatory.

[The intention is within the words of the takbir. If it is later than that, it is not satisfied. Nor is it satisfied if it is a lot before it. If it is made a little before it, it satisfies the requirement. The most complete form is that the intention accompany the takbir.]

Raising the hands is sunna.

[Raising the hands only refers to the takbir al-ihram and not the rest of the takbirs. It is also said that it is recommended. ]

[They are raised opposite the ears or a little below them.]

Recitation of the Fatiha in the prayer is obligatory and reciting more of the Qur'an is a mandatory sunna.

[Recitation of the Fatiha is obligatory for the imam and the person praying alone in every rak'at. The obligation is satisfied by the imam in the case of someone following an imam. ]

Standing, bowing and prostration are obligatory.

[ Standing in the prayer is obligatory for the one who is able to do it. If someone omits any of the obligatory standing, bowing and prostration, the prayer becomes invalid.]

The first sitting is sunna and the second is obligatory.

[The first sitting contains the two tashahhuds.]

Saying the salam is obligatory and turning the head to right while saying it a little is sunna.

[The final salam which ends the prayer is obligatory for every prayer, but not the prostration of recitation.]
Not speaking in the prayer is obligatory and the tashahhud is sunna.

[ The only speaking allowed in the prayer is to correct the imam, which should be kept to a minimum or else it invalidates the prayer. The two tashahhuds are sunna according to the well-known position. ]

40.3b. Qunut

The qunut in the Subh prayer is good, but not sunna.

[ The qunut done silently is recommended, but not a strong sunna and so there is no prostration owed by the one who forgets it.]

Facing qibla is obligatory.

[ Facing the qibla is obligatory in every prayer with bowing and prostration and other prayers like the funeral prayer, except in intense fear in face of the enemy or illness when there is no one to move the invalid towards qibla. He then prays however he can.]

40.4. Other prayers

40.4a. The Jumu'a prayer

The Jumu'a prayer and going to it are obligatory.

[Hash: It is individual obligation for every free adult male. There must be a special intention for it as Jumu'a. Al-Lakhmi, however, said that it is a fard kifaya and Ibn Wahb reported that it is sunna.]

40.4b. The witr prayer

The witr prayer is a mandatory sunna,

[ Mandatory sunnas are stressed, and the most mandatory of them is the witr, then the 'id prayers, then the eclipse and then the rain prayer. ]

40.4c. Other mandatory sunnas

as are the two 'id prayers, the eclipse prayer, the rain prayer, and the fear prayer.

[Hash: The position which is relied on is that the prayer for a lunar eclipse is recommended.]

40.4d. The fear prayer

The fear prayer is mandatory sunna since Allah Almighty commanded it. It is an act by which they obtain the excellence of the group prayer.

[ Allah commanded the fear prayer when He says, "When you are with them and are leading them in the prayerÉ" (4:101-3) The prayer in itself is obligatory, and sunna in the form mentioned.]

40.6 Joining prayers

40.6a. Rainy nights

Joining prayers on a rainy night is mitigation. The Rightly-guided khalifs did it.

[ Joining Maghrib and 'Isha' when it is dark and muddy. The Messenger of Allah, may Allah bless him and grant him peace, did it and he is the model as did the Rightly Guided Khalifs.]

40.6b. Joining in the hajj

Joining at 'Arafa and Muzdalifa is a mandatory sunna.

[ At 'Arafa it is Dhuhr and 'Asr and at Muzdalifa it is Maghrib and 'Isha'.]

40.6c. Travellers

A traveller joining prayers in an urgent journey is an allowance.

[ In a mandatory journey like performing the obligatory hajj or recommended or permitted journey, like a voluntary hajj or for commerce. The apparent meaning is that the journey must be urgent, and that is what is in the Mudawwana, but that is not a precondition in the Mukhtasar.]

[Hash: There is no allowance for it in a forbidden journey, like one involving robbery, or a disliked one, like hunting for pleasure.]

40.6d. A sick person

A sick person joining prayers when he fears he will lose consciousness is a concession. The same applies to joining them because it is easier for him.

[ This is an allowance. When he joins the prayers and then does not lose consciousness at the time of the second prayer, he repeats the prayer. When he joins because of weakness, he joins them with one wudu' and then it is an easement.]

40.7. Prayer in a journey

Not fasting while travelling is an allowance and shortening the prayer while travelling is mandatory.

[ This is in a journey in which he can shorten the prayer. He can fast or not fast. The well known position is that fasting is better. Shortening the prayer, however, is mandatory as it is one of the confirmed sunnas, but it is not unlawful to pray in full.]

40.8 Supererogatory prayers

40.8a. Fajr

The two rak'ats of Fajr are desirable, and it is said that they are sunna.

[ With a particular intention. The well-known position is that they are desirable, and the second position of that of Ibn al-Hajib, who follows Ibn 'Abdu'l-Barr.]

40.8b. Duha

The Duha prayer is supererogatory.

[ The nafila is what is less than the sunna and the desirable.]

[Hash: The Mukhtasar states that is excellent. Its minimum is two rak'ats and its maximum is eight rak'ats with the majority of the people of the School. It is also said that it has no maximum. Its time begins with the nafila becomes permitted.

40.8c. Night prayers

Praying at night in Ramadan is supererogatory and there is great virtue in it. If someone does it with faith and in anticipation of a reward, he will be forgiven his past wrong actions. Praying at night in Ramadan and other times is desirable and supererogatory.

[ This is the tarawih prayers. The Prophet, may Allah bless him and grant him peace, said in a sound hadith, "Whoever prays at night in Ramadan in faith and anticipation of the reward will be forgiven his past wrong actions."

[Hash: Night prayers are a sign of the righteous. They are best down in the last third of the night. This is the tahajjud.]

40.9. The Funeral Prayer

The prayer over dead Muslims is obligatory and the duty is satisfied by those who perform it. The same applies to taking them to burial. Washing them is a mandatory sunna.

[ It is a fard kifaya or sunna kifaya. As for the sunna of washing, whoever says that the ghusl is sunna says that the prayer is sunna, and those who say that it is mandatory, say they are both mandatory. It is most likely that both are mandatory.]

This post has been edited by Hamoudeh: Feb 5 2005, 07:58 PM