Tag Archives: The Reality of “Abu Ja’far al-Hanbali” and the Hanbali Text Society

LAYMEN HAVE TO KNOW EVIDENCE FOR EVERY MATTER

“But what’s your daleel!”

[ لا عبرة بقول من يريد إلزام الناس بمعرفة الدليل لكل مسألة ]

There are no satisfactory grounds for the one who desires to compel people to know the evidence for each and every point

قال الفقيه أبو الوفاء ابن عقيل رحمه الله :

The Faqih, Abul Wafa’ Ibn `Aqil,[1] may Allah be pleased with him, remarked:

» ولا عِبْرَة بقول من زَعَم أن على العامِّيِّ العلمَ بدليلٍ يرشِده إلى حكْم الحادثِة ؛ لأن ذلك يقطعه عن مصالحهِ، ولا يَتأَتى منه ولا له دَرْك البغْيَةِ؛ لكون ذلك يحتاج إلى تقدُّمِ معرفةِ أصولِ الفقهِ على ما قدَّمْنا، وأَنَّى ذلك للعامِّيِّ.«

“There are no satisfactory grounds for the one who would claim that the layman must have knowledge of an evidence in order to resolve a new affair as this will assuredly take him away from the affairs necessary for the upkeep of the earthly realm and its continuation.[2] And this is not of him or for him to know this level of information as that gives rise to also needing to access the aforementioned knowledge of Usul ul-Fiqh and how is that the providence of the layman?”

الواضح (1/270).

And this is taken from Imam Ibn `Aqil’s work, Al-Wadih, vol.1, p.270.

قلت : ويقصد ( قول من زعم أن على العامي …) المعتزلة ، لأنهم يوجبون على العوام معرفة الدليل لكل مسألة ، وقد صرح بذلك أبو الحسين البصري المعتزلي ، وكذا القدرية كما ذكر ذلك الموفق في الروضة ، وتقي الدين رحمهما الله .

I would like to mention that the intent of his expression the one who would claim that the layman must have knowledge of an evidence references to the Mu`tazilah, as they made it wajib for the laity to know the evidence and proof for each and every matter. And that was explicitly mentioned by the Mu`tazilah scholar Abul Hussain Al-Basri. And the same thing was the position of the Qadariyyah as that was mentioned by Imam Muwaffaq ud-Din Ibn Qudamah[3] in Ar-Rawdah and Imam Taqi ud-Din Ibn Taymiyyah,[4] may Allah be pleased with both of them.

فكل من يلزم أو يزعم أن على عامة الامة معرفة الدليل فهو في مصاف أهل البدع.

So anyone who requires or claims that it is required of the laity of the Ummah to know the evidence in all matters, then he is following on the pathway of the people of innovation and astrayness.

وكتب فارس بن فالح الخزرجي

And this was written by (Shaikh) Faaris ibn Faalih Al-Khazraji

21 / شعبان / 1442

21 Sha`ban 1442


[1] 431-513 (AD 1036-1118). He is Abul Wafa’ `Ali ibn `Aqil ibn Muihammad ibn `Aqil ibn Ahmad Al-Baghdadi Az-Zufri. One of the luminaries of his time, Shaikh ul-Islam and theologian of many areas, he is author of many works covering fiqh, usul and theology. cf. Ibn Rajab’s Adh-Dhailu `Ala Tabaqat il-Hanabilah, vol. 3, pp.118-135.

[2] This is in reference to taqlid. Imam Ahmad ibn Hanbal, may Allah be pleased with him, from the third blessed generation, said of the matter of taqlid, “Whoever says that he does not believe in taqlid and that he does not follow anyone in his religion, such is the statement of a rebellious sinner in the sight of Allah and His Messenger, peace and blessings of Allah be upon him. Such a one only seeks by doing so to nullify and strip the footsteps given before, and to nullify the knowledge and the Sunnah. They want to stay isolated and alone with personal opinion, speculative theology, innovation and contradiction, and opposition to what came before them.” Tabaqat ul-Hanabilah, vol.1, pp. 33-34. Imam al-Khatib al-Baghdadi (d. 463 AH), may Allah be pleased with him, when commenting upon these and other statements of Imam Ahmad and other scholars, said: “We have already mentioned in detail the evidence that the mujtahid will use when he looks into knowing the rulings of the Revealed Law. Now all that remains is to discuss what authority the common person returns to in acting on an issue, and this is known as taqlid. The general meaning is that taqlid refers to accepting the statement of someone without knowing any evidence for it. Rulings are built upon two matters; rational and those pertaining to the Revealed Law. As for the rational, then it is not permissible to make taqlid in this area, in matters such as knowing the Creator, Exalted be He, and His Attributes, knowing the Messenger, peace and blessings of Allah be upon him, testifying to his truthfulness and other matters that have to do with judgements and punishments to come in the Hereafter. It has, however, been narrated from `Ubaidullah ibn Al-Hasan al-`Anbari, who said that taqlid in the foundations of the religion is permissible, but this is a mistake due to the Words of Allah the Exalted, Follow what was sent down to you from your Lord and do not follow those besides Him as protectors. Little indeed do you reflect.  Surat ul-A`raf (7), ayah 3. Allah has also said, When it is said to them, ‘Follow that which Allah sent down,’ they say, ‘We shall follow what we found our fathers upon.’ And if your fathers did not know anything nor were they guided. Surat ul-Baqarah (2), ayah 170. The Exalted One has further said, Likewise, we did not send before you to any town a warner except that its inhabitants said, ‘We found our fathers upon a religion and we shall follow in their footsteps.’ Say, ‘What if I have come to you with more guidance than that which you found our fathers upon.’ Surat uz-Zukhruf (43), ayah 23. When the following of their fathers prevented them from accepting that which is more guided, they said, We do not believe in that which you have sent to us. Surat uz-Zukhruf(43), ayah 24. The Exalted One has said, Recite to them the news of Ibrahim when he said to his father and people, ‘What do you worship?’ They said, ‘We worship idols and we are steadfast in maintaining them.’ Say, ‘Do they hear you when you call on them and can they benefit or harm you?’ They said, ‘We found our fathers doing likewise before us.’ Surat ush-Shu`ara’ (26), ayat 69-74. They, therefore, abandoned giving the answer to the issue due to their inablility to do so and the question actually exposed the falsity of their position. The people mentioned what they had not been asked regarding their fathers and their making taqlid of them. The Exalted One has also said, ‘They said, Our Lord, we obeyed our leaders and senior folk, and they led us astray from the path.’ Surat ul-Ahzab (33), ayah 67.The Exalted One also said, They took their priests and rabbis as lords besides Allah. Surat ut-Tawbah (9), ayah 31. `Adi ibn Hatim said, I came to the Messenger of Allah, peace and blessings of Allah be upon him, while I was wearing a crucifix around my neck made of gold. He said, Ibn Hatim, remove this idol from your neck. I took it off and then he recited the whole of Surah Bara’ah until he reached, They took their priests and rabbis as lords besides Allah. Surat ut-Tawbah (9), ayah 31. I said, Messenger of Allah, we did not worship them. So the Prophet, peace and blessings of Allah be upon him, said, Did they make permissible the impermissible and you obeyed them and they made the permissible impermissible and you obeyed them? I said, yes and he said, Then that is worship of them. Abul Bukhtari said that Hudhaifah was asked about the ayah, They took their priests and rabbis as lords besides Allah, how the people worshipped their priests and rabbis. Hudhaifah answered, ‘They made permissible what Allah declared impermissible and they made impermissible what Allah had made permissible’.” Imam Al-Khatib al-Baghdadi, may Allah be pleased with him, commented further after quoting all this, “So because the principles of the faith that we mentioned have to do with what is awareness and intellect, and the people all share in that matter, there is to be no taqlid in the foundations. As for the judgements and rulings of the Revealed Law, then there are two points regarding taqlid: 1) One knows by necessity from the religion of the Messenger, peace and blessings of Allah be upon him, the compulsory nature of things like the five prayers, zakah, fasting the month of Ramadan, Hajj. It is also known by necessity the impermissibility of fornication and adultery, taking intoxicants and other such things. In these matters, there is no taqlid, for all people share in knowing them and having knowledge of them, so taqlid has no basis in this matter. 2) There are the things that are not known except by investigation and gathering evidence, such as the branches of worship, transactions, marriage, divorce matters and other things that are connected to the foundational rulings. This is a matter in which one does taqlid, according to the evidence of the statement of Allah the Exalted, Ask the People of Knowledge if you do not know. Surat un-Nahl (16), ayah 43. If we should stop taqlid in these matters that are from the branches of the religion, it would have been necessary for everyone to learn that knowledge, and by obligating this it would stop all occupations, the cultivation of the earth, whether it be crops, livestock or the movement of people from place to place. Thus it is necessary that everyone is not responsible for this knowledge. The one who does taqlid is the layman. The layman does not know the different ways that the rulings of the Revealed Law are found, so it is permissible for such a person to make taqlid of a scholar and act by his words. Allah the Exalted has said, Ask the People of Knowledge if you do not know. `Amr ibn Qais said of the ayah, ‘Those to be asked are the People of Knowledge’. It is narrated from Ibn `Abbas, may Allah be pleased with him, that there was a man with a head injury in the time of the Messenger of Allah, peace and blessings of Allah be upon him, who had a wet dream and was commanded to make ghusl, and upon doing so died. Once this reached the Messenger of Allah, peace and blessings of Allah be upon him, he said, ‘They have killed him. May Allah kill them. The only cure for when someone does not know something is to ask a question’. When the Messenger of Allah, peace and blessings of Allah be upon him, was asked after that, he answered, ‘If he had washed his body, but left his head and wiped over it, this would have been sufficient’. Because that man was not from the people of ijtihad, it was compulsory for him to make taqlid just as the blind person makes taqlid regarding the direction of prayer. If he does not have with him the tool of ijtihad in the direction of prayer, he is to make taqlid of the person with sight regarding the matter. It is narrated from one of the Mu`tazilah, who said that it is not permissible for the layman or common man to act by the statement of the scholar until he knows the ruling for it. When he has asked the scholar the matter, then he only asks him to know the ruling and when he finds the evidence behind it, he acts by it. This is a clear mistake, as there is no way for the layman to go to the evidences except after studying for years and keeping the company of and mixing with the scholars of fiqh for a long period of time. He will then have to investigate the rules and ways of analogy, know what validates and nullifies it and what is compsulory to give preference to in regards to other evidence and the preference of one evidence over another, but by making the layman responsible for this, one is charging him with what he is not able to do and has no way to reach it. As for the scholar, is it permissible for him to make taqlid of another scholar? The matter has to be investigated. If there is plenty of time to look into the issue and it is possible for him to make ijtihad, then it is necessary for him to make ijtihad for the ruling and it is not permissible for the scholar to make taqlid. There are some who have declared it permissible for the scholar to make taqlid, and this has been stated by Imam Sufyan ath-Thawri. He said, ‘Whatever the scholars of fiqh have differed in, I do not forbid any one of my brothers from taking hold of it. When the man sees an action being done that the scholars of fiqh have differed in and you have another position besides him, do not forbid him from the action’. Muhammad ibn Al-Hasan ash-Shaibani remarked, ‘It is permissible for the scholar to make taqlid of the one with more knowledge than him and it is not permissible for him to make taqlid of the one equal in knowledge to him’. The reason for the principle that it is not permissible for him to make taqlid of one of the same calibre is because of the length of time that he has and the the tools of ijtihad that he can use to make the ruling sought. In this case, it is not permissible for him to make taqlid of someone besides him as we have said of the matters of the intellect. Now if the time should be short and he believes that worship may be left if he spends much time in ijtihad, then there are two points to this matter: 1) It is permissible for him to make taqlid in that affair, 2) It is not permissible for him to make taqlid so long as he has the tools of ijtihad, so the ruling is the same as if he had plenty of time. It is said that this is the more correct of the two positions. Allah knows best. Abu Ibrahim al-Muzani said of this affair, ‘It should be asked of the one who makes ruling by taqlid whether he has proof. If he should say that he does, then he has nullified the taqlid, as the proof makes that compulsory for him to follow and not taqlid. If the person should say that it is by other than the proof, then it should be asked about the rulings on judicial punishments and rulings on the lives of people and the charity in wealth Allah has made all that impermissible then you have made it permissible without evidence. If he should say that he knows the proof and that if he does not know it he will ask his teacher, as he is from the senior scholars, and his opinion in the knowledge takes more precedence. Anything that he might say is only with proof that is hidden from me at the moment. It should then be said to to him that the taqlid of the teacher of your teacher is more befitting of taqlid than that of your very own teacher, as he does not speak except by the proof that has been concealed from your own teacher, and your teacher speaks of things and has the proof concealed from him. If he should agree to this, he has abandoned taqlid of his teacher to taqlid of the teacher of his teacher and, likewise, whoever is higher until he reaches the scholars from the Companions of the Messenger of Allah, peace and blessings of Allah be upon him. If he should refuse to do that, he has contradicted his own words. It should be asked of him how it is permissible for him to make taqlid of the one who is less than him and has less knowledge, and it is not permissible for him to make taqlid of one who is greater than him and has more knowledge? Is this not a contradiction? If he should say that the matter is because the person is his teacher and that even if he has less knowledge, he has gathered knowledge of those above him and added it to his knowledge, so he has greater insight and more knowledge of what has been left. It should be said that, likewise, whoever learned from your teacher, has added the knowledge of your teacher and the knowledge of those above him to his knowledge. It then becomes compsulsory to make taqlid of him and abandon taqlid of your teacher. Likewise, you have more right to make taqlid of yourself than your teacher, as you have added his knowledge and the knowledge of those above him to his knowledge, so by the words of this person mentioned he has contradicted himself. He has made the one who is less and speaks from the lesser in knowledge of the scholars greater than the taqlid of the companios of the Messenger of Allah, peace and blessings of Allah be upon him, and he put taqlid of someone less than a companion over them and the taqlid of the one who is higher, subservient to the one who is less, and this is the case in the analogy. He has made it necessary for whoever is correct to follow other than his teacher in the mistakes of his teacher, and he is mistaken in this matter regarding his teacher and his taqlid alone’.” Kitab al-Faqih wal-Mutafaqqih, vol.2, pp. 66-70. Thus, those who are not people of ijtihad of any calibre are obligated in this area to accept the evidence that the scholars have given, even though we do not know all the texts on the topic. One example is Consensus. Allah has indeed mentioned it in the Qur’an, And whoever contends with the Messenger after the guidance has been made clear to him and he who follows other than the path of the believers, We will hand him over to whatever he has turned to and We will roast him in the Fire. What an evil destination. Surat un-Nisa’ (4), ayah 115.

We know this is the case, but the scholars have given the verses and explained them in such a manner that means, if we ask them the evidence for an understanding (i.e. abrogation, the categories of strong, authentic, weak in Hadith science etc), they state that this is Consensus, but if we ask them for an explicit text upon that which they have all agreed, there is not one present, but just the general texts on Consensus. This goes back to what the Messenger of Allah, peace and blessings of Allah be upon him, said of the scholars, “Whoever travels a path seeking knowledge, Allah makes him travel a path to Paradise. The angels spread out their wings in pleasure for the one seeking knowledge. Every creature in the skies and the Earth seeks forgiveness for the scholar, even the fish in the sea. The virtue of the scholar over the worshipper is like the virtue of the moon over the rest of the stars in the sky. Indeed, the scholars are the inheritors of the prophets. They do not believe behind any coin or measure of wealth, but it is the knowledge that they leave behind. Whoever should take hold of it, takes hold of much good indeed.” Musnad Imam Ahmad ibn Hanbal, vol.16, pp. 70-71

[3] 541-620 AH (AD 1146-1223). He is Muwaffaq ud-Din Abu Muhammad `Abdullah ibn Ahmad ibn Muhammad ibn Qudamah. One of the Revivers of Islam in his time, scholar of fiqh, hadith, ihsan, math and many other disciplines, he is one of the highest voices of authority in the school of Imam Ahmad ibn Hanbal. Please see Ibn Rajab’s Adh-Dhailu `Ala Tabaqat il-Hanabilah, vol.4, pp. 105-119.

[4] 661-728 (AD 1263-1328). He is Abul `Abbas Taqi ud-Din Ahmad ibn `Abdul Halim ibn `Abdus-Salam ibn Taymiyyah. Born in Harran to a family of scholars, he learned from his father, Imam Shihab ud-Din Ibn Taymiyyah (d. 682 (AD 1283) and read the books of his grandfather, Imam Abul Barakat Majd ud-Din Ibn Taymiyyah (d. 653 (AD 1256), who is the second highest authority in the school and was the chief judge in Iraq. At a young age, Imam Taqi ud-Din Ibn Taymiyyah showed promise and studied with various scholars until he was given the title of Mujtahid Murajjih. A vast pillar of knowledge, he made restricted juridical reasoning in the creed and some areas of Consensus and was opposed by scholars from the schools. A quiet man who was known for his referencing, he was often pardoned due to his retraction of some of his positions that were divergent. Some of his more novel rulings include prophets committing sin, three pronouncements of divorce in one sitting being counted as one, the three categories of Tawhid  as well as rulings he passed against scholars of the Ash`aris and Maturidis, two groups within Muslim Orthodoxy. Scholars of the school sifted through his works and corrected the things in them, i.e. in books such as Al-Ikhtiyarat ul-Fiqhiyyah, Kitab ul-Furu`, Tashih ul-Furu` and others. It is in the best interest of the wise man to read these documents first, to know what can be kept or discarded from the works of Imam Taqi ud-Din Ibn Taymiyyah.

IMAM TAQI UD-DIN IBN TAYMIYYAH AND QADA’ OF SALAH

Here is the second portion of the discussion we had started some time back.

وسئل رحمه الله عن رجل من أهل القبلة ترك الصلاة مدة سنتين، ثم تاب بعد ذلك، وواظب على أدائها‏.‏ فهل يجب عليه قضاء ما فاته منها أم لا‏؟‏

Imam Taqi ud-Din Ibn Taymiyyah, may Allah have mercy upon him, was asked about a man from the laity who abandoned salah for a period of two years, then repented after that and was stringent in discharging the obligation. Is it compulsory for him to make qada’ of what he missed or not?[1]

فأجاب‏:‏ أما من ترك الصلاة، أو فرضًا من فرائضها، فإما أن يكون قد ترك ذلك ناسيًا له بعد علمه بوجوبه، وإما أن يكون جاهلاً بوجوبه، وإما أن يكون لعذر يعتقد معه جواز التأخير، وإما أن يتركه عالمًا عمدًا‏.‏

Imam Taqi ud-Din Ibn Taymiyyah: My answer regarding the one who left the salah or one fard from it – whether he abandoned it out of forgetfulness after he knew of it being compulsory, was ignorant of it being wajib due to an excuse while thinking that it was permitted to delay it or one who left it knowingly and on purpose – is to be addressed to each of the two categories just mentioned.

فأما الناسي للصلاة، فعليه أن يصليها إذا ذكرها بسنة رسول الله صلى الله عليه وسلم المستفيضة عنه، باتفاق الأئمة‏.‏ قال صلى الله عليه وسلم‏:‏ ‏من نام عن صلاة أو نسيها، فليصلها إذا ذكرها‏.‏ لا كفارة لها إلا ذلك‏”‏ وقد استفاض في الصحيح وغيره‏:‏ أنه نام هو وأصحابه عن صلاة الفجر في السفر فصلوها بعد ما طلعت الشمس السنة والفريضة بأذان وإقامة ‏.‏

In the case of the one who forgot the salah, he is to pray it when he remembered it as per the Sunnah of the Messenger of Allah, peace and blessings of Allah be upon him, that is the indicator of that by the agreement of the Imams. So the hadith from him, peace and blessings of Allah be upon him, runs, “Whoever slept through a salah or forgot it, then let him pray it when he remembered it. There is no expiation due to him for it except that”.[2] And so this is indicated in the authentic position and other than that in the narrative in which he and his Companions slept through Salat ul-Fajr on a journey. They prayed it after the sun had risen, both the sunnah prayers before and the fard salah, including giving the Adhan and the Iqamah with it.[3]

وكذلك من نسي طهارة الحدث، وصلى ناسيًا‏:‏ فعليه أن يعيد الصلاة بطهارة بلا نزاع، حتى لو كان الناسي إمامًا كان عليه أن يعيد الصلاة، ولا إعادة على المأمومين إذا لم يعلموا عند جمهور العلماء، كمالك والشافعي وأحمد في المنصوص المشهور عنه‏.‏ كما جرى لعمر وعثمان رضي الله عنهما‏.‏

And likewise, whoever forgot taharah from hadath and made salah having forgotten that, then he is to repeat the salah with taharah and this is without dispute. And the same ruling holds whether he was praying alone or the imam, thus he is to repeat the salah; but it is not required for the followers of the imam to repeat it when they did not know about him having taharah and this is according to the vast majority of scholars, such as Imams Malik, Ash-Shafi`ii and Ahmad in popularly known and explicit texts from him. And this was the methodology adopted by the Companions `Umar ibn Al-Khattab and `Uthman ibn `Affan, may Allah be pleased with both of them.

وأما من نسى طهارة الخبث، فإنه لا إعادة عليه في مذهب مالك وأحمد في أصح الروايتين عنه، والشافعي في أحد قوليه؛ لأن هذا من باب فعل المنهى عنه، وتلك من باب ترك المأمور به، ومن فعل ما نهى عنه ناسيًا فلا إثم عليه بالكتاب والسنة‏.‏

In the case of the one who forgot to make taharah from impurities, then there is no repeat of the salah due to him based upon the madhhab of Imam Malik, Imam Ahmad in the most authentic of the two narratives from him and Imam Ash-Shafi`ii in one of the two narratives mentioned of him. This is due to the fact that this is part of the subject heading of actions forbidden from and leaving something he was commanded while whoever did this out of forgetfulness, there is no sin upon this one according to the Book and the Sunnah.

كما جاءت به السنة فيمن أكل في رمضان ناسيًا‏.‏ وهو مذهب أبي حنيفة والشافعي وأحمد‏.‏ وطرد ذلك فيمن تكلم في الصلاة ناسيًا، ومن تطيب ولبس ناسيًا، كما هو مذهب الشافعي وأحمد في إحدى الروايتين عنه‏.‏وكذلك من فعل المحلوف عليه ناسيًا كما هو أحد القولين عن الشافعي وأحمد‏.‏

And this is what has been brought in the Sunnah in the case of the one who ate forgetfully in the month of Ramadan when he should be discharging his sawm. And this is the madhhab of Imams Abu Hanifah, Ash-Shafi`ii and Ahmad. And the same thing goes for the one who spoke forgetfully in salah, who put on sent and wore sewn cloths on hajj forgetfully. And this is the ruling of the madhhab of Imams Ash-Shafi`ii and Ahmad ibn Hanbal in one of the narratives listed from him. And likewise, whoever made an oath forgetfully it is the same according to two rulings from Imams Ash-Shafi`ii and Ahmad.

وهنا مسائل تنازع العلماء فيها‏:‏ مثل من نسى الماء في رحله وصلى بالتيمم، وأمثال ذلك ليس هذا موضع تفصيلها‏.‏ وأما من ترك الصلاة جاهلاً بوجوبها مثل من أسلم في دار الحرب، ولم يعلم أن الصلاة واجبة عليه، فهذه المسألة للفقهاء فيها ثلاثة أقوال‏.‏ وجهان في مذهب أحمد‏:‏

Herein lie some issues in which the scholars differ, for example the one who forgot to pack water in his travel gear and made salah with tayammum. And there are other examples like this that are expounded upon in another place. As for the one who abandoned the salah out of ignorance of its wajib nature, for example someone who became Muslim in Dar ul-Harb[4] and didn’t know that the salah was wajib for him, then there are some three statements of the scholars of fiqh on the matter, two of which are from the madhhab of Imam Ahmad ibn Hanbal:

أحدها‏:‏ عليه الإعادة مطلقًا‏.‏ وهو قول الشافعي، وأحد الوجهين في مذهب أحمد‏.‏

Firstly, the one in this case would have to repeat the salah without any exception to the rule. And this is the statement of Imam Ash-Shafi`ii and one of the positions of the school of Imam Ahmad.

والثانى‏:‏ عليه الإعادة إذا تركها بدار الإسلام دون دار الحرب‏.‏ وهو مذهب أبى حنيفة؛ لأن دار الحرب دار جهل، يعذر فيه، بخلاف دار الإسلام‏.‏

Secondly, he must repeat the salah, if he abandoned it in Dar ul-Islam but not Dar ul-Harb and this is the madhhab of Imam Abu Hanifah. The reason for this is that Dar ul-Harb is a place of ignorance in which one is excused, that not being the case for Dar ul-Islam.

والثالث‏:‏ لا إعادة عليه مطلقًا‏.‏ وهو الوجه الثانى في مذهب أحمد، وغيره‏.‏ وأصل هذين الوجهين‏:‏ أن حكم الشارع،

Thirdly, there is no repeat of the salah required of him without any exception to the rule. This is the second position of the madhhab of Imam Ahmad and others. The foundation of these two positions is the judgement of the Lawgiver.

هل يثبت في حق المكلف قبل بلوغ الخطاب له، فيه ثلاثة أقوال في مذهب أحمد، وغيره‏:‏

Now then, is the same ruling held in the case of the adult before the information about the ruling has reached him? There are three statements on this matter in the madhhab of Imam Ahmad and those besides:

أحدها‏:‏ يثبت مطلقًا‏.‏

The first statement is that the matter is established without any exception to the rule.

والثانى‏:‏ لا يثبت مطلقًا‏.‏

The second statement is that the matter is not established without any exception to the rule.

والثالث‏:‏ يثبت حكم الخطاب المبتدأ دون الخطاب الناسخ، كقضية أهل قباء، وكالنزاع المعروف في الوكيل إذا عزل‏.‏ فهل يثبت حكم العزل في حقه قبل العلم‏.‏

The third statement is that it is established by the first ruling given and not a statement to come after, such as the ruling that came to the people of Quba’ for the change of the Qiblah or the well-known dispute regarding the matter of the trustee when he does `azl and whether or not the ruling of the `azl is binding before the knowledge has reached him.[5]

وعلى هذا، لو ترك الطهارة الواجبة لعدم بلوغ النص‏.‏ مثل أن يأكل لحم الإبل ولا يتوضأ، ثم يبلغه النص، ويتبين له وجوب الوضوء، أو يصلي في أعطان الإبل ثم يبلغه، ويتبين له النص، فهل عليه إعادة ما مضى‏؟‏ فيه قولان هما روايتان عن أحمد‏.‏

And upon this ruling is others that follow the same methodology. So if one abandoned the wajib taharah as no text had reached in on the topic – like in the matter of one eating camel meat without having made wudu,’ then the explicit text reached him and it became clear to him that the wudu’ is wajib at this point, or he made salah at the place where camels are corralled and then a text reached him on the topic and the explicit text became clear to him – is such a one required to repeat the taharah and/or salah that had passed? There are two statements narrated from Imam Ahmad on the topic. 

ونظيره أن يمس ذكره ويصلي، ثم يتبين له وجوب الوضوء من مس الذكر‏.‏ والصحيح في جميع هذه المسائل عدم وجوب الإعادة؛ لأن الله عفا عن الخطأ والنسيان، ولأنه قال‏:‏

And of a similar capacity is the one who touched his penis with skin-to-skin contact and made salah and then it became clear to him that it is wajib to make wudu’ from touching the penis with skin-to-skin contact. The authentic position in all of these matters is that one is not required to repeat any of the above mentioned as Allah has pardoned from the mistake and forgetfulness as He said,

‏{‏وَمَا كُنَّا مُعَذِّبِينَ حَتَّى نَبْعَثَ رَسُولاً‏}‏ ‏[‏الإسراء‏:‏ 15‏]‏‏.‏

And We do not punish until a messenger is sent[6]

فمن لم يبلغه أمر الرسول في شيء معين، لم يثبت حكم وجوبه عليه؛ ولهذا لم يأمر النبي صلى الله عليه وسلم عمر وعمارًا لما أجنبا فلم يصل عمر، وصلى عمار بالتمرغ أن يعيد واحد منهما،

So whoever did not have reach him the command of the messenger in the specific thing, the ruling of it being wajib upon him is not established. And it is due to this that the Prophet, peace and blessings of Allah be upon him, did not command `Umar and `Ammar to repeat one of the salah times one of them was unsure of so `Umar did not pray it while `Ammar prayed with the understanding that he would repeat one of them.

وكذلك لم يأمر أبا ذر بالإعادة لما كان يجنب ويمكث أياما لا يصلي، وكذلك لم يأمر من أكل من الصحابة حتى يتبين له الحبل الأبيض من الحبل الأسود بالقضاء، كما لم يأمر من صلى إلى بيت المقدس قبل بلوغ النسخ لهم بالقضاء‏.‏

And furthermore he, peace and blessings of Allah be upon him, did not order Abu Dhar Al-Ghifari to repeat the salah when he was junub and remained for some days without having made salah. And furthermore, the Companions that continued on eating until the eastern light could be discerned were not commanded to make qada’ of the fast.[7] And also he, peace and blessings of Allah be upon him, did not command the one who had made salah facing Jerusalem before the revelation reached him to make qada’ of that worship.[8] 

ومن هذا الباب‏:‏ ‏[‏المستحاضة‏]‏ إذا مكثت مدة لا تصلى لاعتقادها عدم وجوب الصلاة عليها، ففى وجوب القضاء عليها قولان‏:‏

And part of the same subject is the woman who has post cycle bleeding when she remained and did not pray for a period of time as she thought that the salah was not wajib for her. In the case of a woman in this circumstance, there are two statements on the topic:

أحدهما‏:‏ لا إعادة عليها‏.‏ كما نقل عن مالك وغيره؛ لأن المستحاضة التي قالت للنبى صلى الله عليه وسلم‏:‏ إنى حضت حيضة شديدة كبيرة منكرة منعتنى الصلاة والصيام، أمرها بما يجب في المستقبل، ولم يأمرها بقضاء صلاة الماضى ‏.‏

One ruling is that there is no repeat of the salah due for her as has been narrated from Imams Malik and others besides. This is because there was someone with post cycle bleeding who said to the Prophet, peace and blessings of Allah be upon him, “Indeed I have a very heavy cycle and painful cycle that prevents me from salah and siyam”. So he, peace and blessings of Allah be upon him, ordered her what to do from that point in the future and he did not command her to make qada’ of the previous salah.[9]

وقد ثبت عندى بالنقل المتواتر أن في النساء والرجال بالبوادى وغير البوادى من يبلغ ولا يعلم أن الصلاة عليه واجبة، بل إذا قيل للمرأة‏:‏ صلى، تقول‏:‏ حتى أكبر وأصير عجوزة، ظانة أنه لا يخاطب بالصلاة إلا المرأة الكبيرة، كالعجوز ونحوها‏.‏ وفى أتباع الشيوخ طوائف كثيرون لا يعلمون أن الصلاة واجبة عليهم،

So it is established to me[10] according to mass transmitted affairs regarding the men and women – in the Bedouin encampments and other remote areas – that did not have reach them the knowledge that the salah was wajib upon them, or even if it was said to the woman to make salah and she said, “I won’t until I get older and I reach senior age,” thinking that the command to make salah was only given to the adult woman that is elderly and the like and there are people who follow shaikhs in large number that don’t know the salah is wajib upon them.

فهؤلاء لا يجب عليهم في الصحيح قضاء الصلوات، سواء قيل‏:‏ كانوا كفارًا، أو كانوا معذورين بالجهل‏.‏ وكذلك من كان منافقًا زنديقًا يظهر الإسلام ويبطن خلافه، وهو لا يصلي، أو يصلي أحيانًا بلا وضوء، أو لا يعتقد وجوب الصلاة، فإنه إذا تاب من نفاقه وصلى، فإنه لا قضاء عليه عند جمهور العلماء‏.‏

The authentic position for these people is that there is no qada’ of salah due for them – whether it is held that they were kuffar[11] or excused by gross ignorance – and likewise is the case of the one who was a munafiq apostate[12] who manifested Islam but internally was opposite to that. He would not make salah or make salah sometimes without even wudu’ or maybe he did not have firm conviction of the wajib nature of salah. So when he repented from his nifaq and made salah, there is no qada’ upon him based upon the vast majority of the scholars.[13]

والمرتد الذي كان يعتقد وجوب الصلاة، ثم ارتد عن الإسلام، ثم عاد، لا يجب عليه قضاء ما تركه حال الردة عند جمهور العلماء كمالك وأبي حنيفة وأحمد في ظاهر مذهبه

In the case of the murtad who had firm conviction of the wajib nature of the salah, then apostate from Islam, then returned, there is no qada’ upon him from what he left at the time of his riddah according to the vast majority of scholars, like Imams Malik ibn Anas, Abu Hanifah and Ahmad in the dominant statement of his school.

فإن المرتدين الذين ارتدوا على عهد النبي صلى الله عليه وسلم كعبد الله بن سعد بن أبى سرح، وغيره مكثوا على الكفر مدة ثم أسلموا، ولم يأمر أحدًا منهم بقضاء ما تركوه‏.‏ وكذلك المرتدون على عهد أبى بكر لم يؤمروا بقضاء صلاة، ولا غيرها‏.‏

This is the case as indeed the apostates who left the Religion in the time of the Prophet, peace and blessings of Allah be upon him, like `Abdullah ibn Sa`d ibn Abi Sarh and others and were upon kufr for some time and then came into Islam again, these are not commanded to make qada’ according to what they left. And likewise the apostates in the time of Abu Bakr were not commanded to make qada’ of any salah nor other things besides.


وأما من كان عَالِمًا بوجوبها وتركها بلا تأويل حتى خرج وقتها الموقت، فهذا يجب عليه القضاء عند الأئمة الأربعة، وذهب طائفة منهم ابن حزم وغيره إلى أن فعلها بعد الوقت لا يصح من هؤلاء، وكذلك قالوا فيمن ترك الصوم متعمدًا‏.‏ والله سبحانه وتعالى أعلم‏.‏

In the case of the one who knew of its wajib nature and abandoned it without any interpretation until the stipulated time ran out, this one is required to make qada’ of that salah as per the statement of the Four Imams. One group – among them Ibn Hazm and other than him – held the position that to do the salah after its time has elapsed is not valid from there people. And they said the same thing about the one who left the sawm intentionally. And Allah, Glorified and Exalted be He, knows best.

وسئل رحمه الله عن رجل عليه صلوات كثيرة فاتته، هل يصليها بسننها‏؟‏ أم الفريضة وحدها‏؟‏ وهل تقضى في سائر الأوقات من ليل أو نهار‏؟‏

And he (Taqi ud-Din Ibn Taymiyyah), may Allah have mercy upon him, was asked about a man who had missed many salah and whether or not he should pray them with their optional prayers as well? Or should he pray the compulsory salah alone? Shall he make them at the times in the night or the daytime?

فأجاب‏:‏ المسارعة إلى قضاء الفوائت الكثيرة أولى من الاشتغال عنها بالنوافل، وأما مع قلة الفوائت فقضاء السنن معها حسن

He (Taqi ud-Din Ibn Taymiyyah), answered in the following way: He should quickly go to make qada’ of missed salah that are in a large number and this takes precedence over busying oneself with the optional prayers associated with them. In the case of the one who only has a small number of compulsory salah to make up, then he should make up the compulsory salah and their associated sunan as well and this is good.

فإن النبي صلى الله عليه وسلم لما نام هو وأصحابه عن الصلاة صلاة الفجر عام حنين، قضوا السنة والفريضة‏.‏ ولما فاتته الصلاة يوم الخندق قضى الفرائض بلا سنن‏.‏ والفوائت المفروضة تقضى في جميع الأوقات؛ فإن النبي صلى الله عليه وسلم قال‏:‏ ‏”‏من أدرك ركعة من الفجر قبل أن تطلع الشمس فليصل إليها أخرى‏”‏‏.‏ والله‏‏ أعلم‏.‏

 Indeed the Prophet, peace and blessings of Allah be upon him, and his Companions slept through the salah of Salat ul-Fajr in the year of Hunain. They made qada’ of the optional and compulsory salah. And in the Battle of the Trench, when they missed the `Asr, they made the qada’ of the compulsory salah and not the optional. Making up the compulsory salah can be done at any time as the Prophet, peace and blessings of Allah be upon him, said, “Whoever is able to catch one rak`ah of the Fajr salah before the sun rises, then let him pray it and whatever else”.[14] And Allah knows best.

وسئل‏:‏أيما أفضل صلاة النافلة‏؟‏ أم القضاء‏؟‏

He (Imam Taqi ud-Din Ibn Taymiyyah) was asked about what is better to do, the optional salah or salah that are to be made up?

فأجاب‏:‏ إذا كان عليه قضاء واجب، فالاشتغال به أولى من الاشتغال بالنوافل التي تشغل عنه‏.‏

He (Taqi ud-Din Ibn Taymiyyah) answered: when someone has a wajib salah to make qada’ of, then to busy oneself with doing that takes precedence over doing the optional prayers.[15]


[1] This ruling is rare and divergent and not to be acted upon and classed among the rare rulings as mentioned by Imam Ibn Rajab Al-Hanbali in which he classified this ruling, among others, as rare, divergent and strange. Please see Ibn Rajab’s Adh-Dhailu `ala Tabaqat il-Hanabilah, vol.4, pp.332-334. The strange thing about this is that fake students of knowledge and scholars will site the final portion of the ruling and not the underlying reasons.

[2] Ash-Shami, Al-Jami` bain As-Sahihain: Al-Bukhari and Muslim, Section 3: Al-`Ibadat, vol.1, pp.488-491

[3] This occurred after the Battle of Hunain. Please see Imam `Abdul Malik ibn Hisham’s As-Sirat un-Nabawiyyah, vol.4, pp.60-89

[4] The Imam’s usuli principle for this is the fact that Dar ul-Harb has no laws, as it is a place in which the Muslims and kuffar are battling in which the laws dominant over it in the end will change it to Dar ul-Islam or Dar ul-Kufr respectively.

[5] This is before revelation was given regarding this matter. The Imam, in making ijtihad on this part, is using this understanding as a proof of when there is lack of revelation – either through presence or knowledge – that one is not responsible. And this is a rare and divergent ruling to hold in all cases.  

[6] Surat ul-Isra’ (17), ayah 15

[7] This was before the revelation of the ayah in which distinguishing these affairs was commanded.

[8] This was before the revelation of the ayah commanding the change of the Qiblah.

[9] This was before the revelation on the topic and also due to the fact of the distinguishing characteristics between the monthly cycle and post cycle bleeding.

[10] Notice that he has built the ruling and his ijtihad upon his unique understanding of the texts before, thus what comes after is couched in this understanding.

[11] Notice the statement here in which he referred to those in question as apostates for not discharging it. The people that want to take hold of this ruling need to understand that when you try to implement this ruling, you are not only trying to “find ease” but you are also putting yourself under the ruling of riddah, which affects the laws of inheritance, whether the marriage is valid, children are born in wedlock, one’s property stays in possession and much, much more. Rather than looking to “find ease” in these “bewildering times” perhaps those in question should try to digest the fatwa before jumping to wild conclusions that have real consequences.  

[12] Ar. murtadd. The act of someone becoming an apostate is called riddah (Ar. apostasy). These matters have been defined for us and made clear, so the Ummah has not been left stranded with regard to fundamentals of saving faith and what destroys. Let us examine some of the words of our teachers through the ages.

Imam Ahmad ibn Hanbal (d. 241 (AD 855), may Allah be pleased with him, remarked, “So the apostate is asked to repent for three days. If he repents, the matter is resolved, but if not he is to be killed, based upon the Hadith mentioned from `Umar ibn Al-Khattab in this regard. It was narrated to us that Muhammad narrated from his father that a man disbelieved after his Islam, and he was killed. News of this reached `Umar, who remarked, ‘Why did they not jail him for three days and go to meet him with flat bread so that he might repent? The matter would then be returned to that of Allah, Mighty and Majestic’.” `Abdullah asked his father about a man who said, “Son of so and so, away with you and who created you!” Imam Ahmad remarked, “This is an apostate from Islam.” `Abdullah asked if he should be executed, to which Imam Ahmad replied in the affirmative. When asked about the ruling on someone who cursed or insulted the Prophet, peace and blessings of Allah be upon him, Imam Ahmad said that the person should be executed as an apostate. Taken from Masa’il ul-Imam Ahmad ibn Hanbal, pp. 430-432. When asked about the limits of the judicial rulings being carried out, Imam Ahmad ibn Hanbal said the following, “Three things are necessary for the judicial rulings to be carried out on someone, namely that he: 1) has had his first wet dream, 2) has grown the rough hairs on the underarms and pubic region and 3) the one who has reached 15 years of age. These are all the boundaries. This was narrated from the Prophet, peace and blessings of Allah be upon him, so whoever has come to this point may have judicial rulings carried out on him if he should steal, commit fornication and so forth.” Please see Masa’il ul-Imam Ahmad ibn Hanbal, pp. 431-432.

Imam Abul Qasim al-Khiraqi (d. 334 (AD 946), may Allah be pleased with him, says of apostasy, “Whoever apostated from Islam – man or woman – who is sane and has reached 15 years of age, is called back to faith for three days and is reminded of the time with constraints put on him regarding the matter. If he should repent, then the matter is resolved, but if he does not he is to be killed. His wealth is treated as wealth taken in war once any outstanding debts are paid from it. The same holds true for the one who left the prayer and was called to it for three days. If he should repent the matter is resolved, but if he does not, he is to be killed whether he denied it being compulsory or not. The meat sacrificed by the apostate is impermissible for consumption, even if he apostated to Judaism or Christianity.” Mukhtasar ul-Khiraqi, pp. 189-190

Al-Qadi Abu Ya`la al-Baghdadi the Elder (d. 458 (AD 1066), may Allah be pleased with him, stated the apostate as, “Allah the Exalted has said, Whoever disbelieves in the faith has nullified his deeds. Surat ul-Ma’idah (5), ayah 5. The apostate is to be asked to repent and given a period of three days. If he repents, the matter is resolved, but if not, he is killed. The apostate who is female is killed after seeking her repentance for three days, the same as the man. The repentance of the unrepentant apostate is not accepted; this apostate is defined as the one who conceals kufr, but manifests Islam. There is another narration that states his repentance is accepted.” Al-Jami` us-Saghir fil Fiqh, pp. 304-305

Imam Mahfuz al-Kalwadhani (d. 510 (AD 1116), may Allah be pleased with him, mentioned the apostate as one who, “Does not have firm conviction of the compulsory nature of the five prayers, the impermissiblity of intoxicants, fornication or adultery, homosexuality, usury and whatever is like that, which is agreed upon as being compulsory; one in that situation is an unbeliever. Whoever abandoned the act of prayer while believing that it is compulsory without an excuse has become an unbeliever according to one ruling, and the same is the case for Zakah, Hajj and other obligations. Whoever curses Allah, His Messenger, it is necessary that he be killed and his repentance is not accepted according to one ruling, although in another ruling it is accepted.” Al-Hidayah, vol.1, pp. 150-151. Further to this, he mentions, “It is compulsory that the apostate is asked to repent and after the statement he is given a reprieve for three days according to one narration, but in another narration it is not necessary to give three days, although it is praiseworthy.” Al-Hidayah, vol.1, pp. 150-151

Imam Muwaffaq ud-Din Ibn Qudamah (d. 620 (AD 1223), may Allah be pleased with him, ruled, “Whoever commits apostasy from Islam – male or female – it is compulsory that they be killed, based upon the words of the Messenger of Allah, peace and blessings of Allah be upon him, ‘Whoever changed his faith, then kill him’. He is not killed until he is asked to repent for three days. If he should repent, the matter is resolved. If not, then he is killed with the sword. Whoever denied Allah, made a partner, consort, son for Him or denied Allah the Exalted, cursed Him, or denied His Messenger, the Book of Allah or something from it, one of the pillars of Islam has also committed apostasy. The same holds true for someone who made the impermissible to be permissible, although the Consensus on it is clear, this one is also guilty of apostasy. The exception would be if this knowledge of what is compulsory or impermissible was not known to him. It that case, he would be told and made to know it. If after that, he did not accept the principle, then he has commited kufr and disbelieved.” Al-`Umdah fi Fiqh il-Imam Ahmad ibn Hanbal, pp. 108-109. The Imam stated on another occasion, “The apostate is the one who rejected faith after his Islam. Whoever should commit idolatry with Allah, deny his Lordship or Uniqueness and Oneness or one of His Attributes, or declares that Allah has taken a consort of son, has apostated. The same holds for the one who denied a prophet, one of the Books of Allah the Exalted or anything from it, or cursed Allah or His Messenger, all these have commited kufr. Whoever denies the compulsory nature of the five prayers or something from them or declares fornication or adultery, intoxicants or something clearly agreed upon as such is an unbeliever, unless they are ignorant of it, but they are made to know this matter, but if the person is not ignorant of the matter, that is kufr. The one who abandons some of the five prayers due to laziness is not called an unbeliever, but in one instance narrated by Imam Ahmad he is called an unbeliever. It is only Hajj that if one delays they are not an unbeliever in this regard. Whoever should apostate from Islam – man or woman – while he is sane and has reached 15 years of age, is called to the faith for three days with constraints put upon him and reminded of the time. If the person does not repent, he is killed. Imam Ahmad mentioned that sometimes it is not compulsory to ask the person to repent, but it is praiseworthy to do so. It is perfectly permissible to kill the apostate without asking for the repentance. He is killed with the sword by no one except the Imam or his representative.” Al-Muqni` fi Fiqh il-Imam Ahmad ibn Hanbal, 447-448. He further said, “Apostasy results by either denying the two testimonies of faith or just one of them, cursing Allah the Exalted or His Messenger, peace and blessings of Allah be upon him, slandering the mother of the Prophet, peace and blessings of Allah be upon him, or denying the Book of Allah, Exalted be He, or something from it, one of His Prophets or one of His Books, or some compulsory thing that is clearly agreed upon, like the five prayers. One also apostates if they do that which is impermissible and agrees that it is permissible, like intoxicants, pork, meat found dead, blood, fornication or adultery, and such things as that. If the person is ignorant of that or is new to Islam, or has just recovered from an episode of insanity, they do not disbelieve. They are made to know the ruling and the evidence, and then if they remain in denial they have become an unbeliever. The reason for him becoming an unbeliever is that the evidences are for such clear matters that are openly details in the Book of Allah, the Sunnah of His Messenger, so there is no one who would deny them except that they are denying the Book fo Allah and the Sunnah of His Messenger.” Al-Kafi fi Fiqh il-Imam Ahmad ibn Hanbal, vol.4, pp. 73-74

Imam Baha’ ud-Din al-Maqdisi (d. 624 (AD 1227), may Allah be pleased with him, made a clear statement, “Whoever apostated from Islam, male or female, it is compulsory that they are killed, based upon the statement of the Prophet, peace and blessings of Allah be upon him, ‘Whoever changed his faith, then kill him’. This is collected by Imams Al-Bukhari and Muslim. The People of Knowledge have made Consensus that it is compulsory to kill the apostates as was related by Abu Bakr, `Umar, `Uthman, `Ali, Mu`adh, Abu Musa al-Ash`ari, Ibn `Abbas, Khalid ibn Al-Walid, may Allah be pleased with all of them, and as no one denied it, this is Consensus.” The Imam stated at another point, “Whoever denied Allah, Glorified be He, after affirming Him, and then apostated as he does not worship a god, or whoever made a partner for Him then he is an idol worshipper and not one who believes in the Oneness and Uniqueness of Allah. The same ruling applies to the one who made a rival for Him or declared for Allah a son, he has lied on Allah the Exalted as well. The one who cursed Him or denied His Messenger or cursed him, this one has denied Allah the Exalted and does not consider obedience to Him compulsory. Whoever denied a prophet then he has disbelieved, based upon the words of the Glorified One, Those who disbelieve in Allah, His Messengers and intend by that they divide between Allah and His Messengers by saying, ‘We believe in a part and disbelieve in a part’, and desire to take a way between that, these are the true unbelievers.” Surat un-Nisa’ (4), ayah 150. Likewise, the one who denies the Book of Allah or something from it has become an unbeliever as he is denying Allah the Exalted and renouncing Him. Allah the Exalted has said, The Messenger has believed in what was sent down to him from his Lord, and the believers do as well. Each one believes in Allah, His Angels, His Books and His Messengers. Surat ul-Baqarah (2), ayah 285. Whoever denies one of the pillars of Islam, or makes permissible something that by Consensus is known to be impermissible, he has denied Allah and His Messenger, as the evidence of that is already clearly explained in the Book and the Sunnah, so they would not be concealed from the Muslims and no one would deny these except someone who denied Allah and His Messenger, peace and blessings of Allah be upon him. The exception would be where one did not have this knowledge of the compsulsory and impermissible things. Such a person should be made aware of these things and if he does not accept it, he has become an unbeliever. A person who has such knowledge concealed from him may be a new Muslim or he was raised in a land far away from the Muslims, so he would be taught and made to know these things. If he should accept after that, then the matter is resolved, but if not, then he is killed as an apostate. As for the one who is living among the Muslims like this, in such a situation he would be an unbeliever and asked to repent. If he repented, the matter would be resolved, but if he did not he would be killed. The reason is that affirmation of all these matters is clear in the Book and the Sunnah, so to reject it or be grossly unaware would be to deny Allah and His Messenger. The person in that case would disbelieve, just as we said of one denying one of the pillars of Islam.” Al-`Uddah Sharh ul-`Umdah, pp.644-645

Imam Majd ud-Din Ibn Taymiyyah (d. 653 (AD 1255), may Allah be pleased with him, defined apostasy and the ruling on it as, “The one who became an unbeliever after his Islam. Whoever ascribes a partner to Allah, denies His Lordship, one of His Attributes, one of His Books, Messengers, curses Allah or His Messenger, then he is an unbeliever. Whoever due to ignorance denies the compulsory nature of the five prayers, or the impermissibility of fornication or adultery, intoxicants, or denies the permissibility of meat, bread and other things that are are clearly agreed upon rulings, he is made to know and accept them. As for the one who is not ignorant, then he disbelieves due to the rejection. Whoever abandoned the compulsory prayer, zakah, fasting or Hajj out of laziness, with the firm determination that he will never do it or he delays it for a year, as in the case of Hajj when he had the ability to do so, this one is asked to repent as an apostate would as well. If he insists on that then he is killed as a judicial punishment and warning to others, while there is another position that he is killed as an unbeliever. This ruling has been narrated by Abu Bakr `Abdul `Aziz and is his clear choice in ruling. There is one position from Imam Ahmad that he disbelieves in the abandoned prayer, along with another ruling that this includes zakah, when the Imam fights him to pay it. Imam Ahmad stated on another occasion that there is a time when he does not become an unbeliever or commit kufr due to this, just as he is not fought due to fasting or Hajj. The sane person who has reached 15 years of age and has apostated is ordered to repent for three days with constraints put upon him and reminded of the time. If he does not become a Muslim, he is killed with the sword; as for whether asking him to repent for three days is compulsory or merely praiseworthy, then there are two rulings in this regard.” Al-Muharrar fil-Fiqh `ala Madhhab il-Imam Ahmad ibn Hanbal, vol.2, pp. 166-167

Imam Shams ud-Din Ibn Qudamah (d. 682 (AD 1283), may Allah be pleased with him, one of the depended upon commentators on the text, Al-Muqni`, narrates the exact same ruling as his uncle, Imam Muwaffaq ud-Din Ibn Qudamah. Ash-Sharh ul-Kabir, vol.1, pp. 783-784

Imam Shams ud-Din Muhammad ibn Muflih (d. 763 (AD 1362), one of the commentators on Al-Muqni`, stated, “Whoever disbelieved after his Islam, willingly or jokingly, some say willingly while some say even if it is by force, the truth is the first. The apostate is so as he has associated partners with Allah the Exalted, or denied an attribute. It was mentioned in Al-Fusul that it is agreed that someone apostates by denying something clearly affirmed or one of His Books, Messengers or cursing Him. Apostasy also results if he claims prophethood. Our shaikh, Taqi ud-Din Ibn Taymiyyah said, ‘Someone also apostates if he shows hatred for His Messenger or any of what he came with of revelation that is agreed upon. Apostasy would also occur by his refusing to hate evil in his heart, denying a clear ruling that is agreed upon, such as one of the five daily prayers or the impermissibility of intoxicants and such things. Someone who is not ignorant of these matters would commit apostasy if he had such beliefs’. Our shaikh, Taqi ud-Din Ibn Taymiyyah, also said, ‘Based upon this understanding, the Prophet, peace and blessings of Allah be upon him, did not regard as an unbeliever the man who doubted the Power of Allah and His Ability to resurrect him, as this was before the message had reached him’. There is also the statement of `A’ishah in which she said, Messenger of Allah, whatever the people conceal, Allah surely knows it. He responded in the affirmative. This is collected by Imam Muslim in his Jami` us-Sahih under the Book of Funerals. Imam Muslim in that narration did not have the words, he said, and Imam Yahya an-Nawawi, in his commentary on the collection mentioned that it is as if `A’ishah had said these words to confirm herself and she had replied in the affirmative’.” Kitab ul-Furu`, vol.6, pp. 156-157

Imam Muhammad ibn `Abdullah az-Zarkashi al-Masri (d. 774 (AD 1372), may Allah be pleased with him, one of the depended upon commentators, ‘the great 400’, who explained the Mukhtasir of Imam Al-Khiraqi, mentioned that the apostate in the Revealed Law refers to, “The one who leaves from the religion of Islam to the religion of kufr. The principle that underlines this is where the Glorifed One said, Whoever among you apostates from his faith, dies while he is an unbeliever, Surat ul-Baqarah (2), ayah 217. There is also the authentic Hadith of the Prophet, peace and blessings of Allah be upon him, where he said, ‘Whoever changes his religion, then kill him.’ Allah knows best. Whoever apostates from his faith – male or female – while being at the age of 15 years and doing so willingly, is called back to Islam for three days. Constraints are put on him and he is reminded of the time. If he should return to the faith, the matter is resolved, but if he does not return to the faith, he is killed.” Sharh uz-Zarkashi `ala Mukhtasar il-Khiraqi, vol.6, pp. 232-233

Imam Burhan ud-Din Ibn Muflih (d. 884 (AD 1479), may Allah be pleased with him, explained the apostate as being one who, “rejected faith after his Islam. Whoever should commit idolatry with Allah, deny his Lordship or Uniqueness and Oneness or one of His Attributes, or declare that Allah has taken a consort of son, has apostated. The same holds for the one who denied a prophet, one of the Books of Allah the Exalted or anything from it, or cursed Allah or His Messenger, all these have commited kufr. Whoever denies the compulsory nature of the five prayers or something from them, or declares fornication or adultery, intoxicants or something clearly agreed upon as such is an unbeliever unless they are ignorant of it, but they are made to know this matter, but if the person is not ignorant of the matter, that is kufr. The one who abandons something of the five prayers due to laziness is not called an unbeliever, but in one instance narrated by Imam Ahmad he is called an unbeliever. It is only Hajj if one delays, they are not an unbeliever in this regard. Whoever should apostate from Islam – man or woman – while he is sane and has reached 15 years of age, is called to the faith for three days with constraints put upon him and reminded of the time. If the person does not repent, he is killed.” Al-Mubdi` Sharh il-Muqni`, vol.8, pp. 478-480

Imam `Ala’ ud-Din `Ali ibn Sulaiman al-Mardawi (d. 885 (AD 1480), one of the depended upon commentators on the text Al-Muqni`, leaves no doubt regarding the topic of apostasy. “Whoever should commit idolatry with Allah, deny his Lordship or Uniqueness and Oneness, or one of His Attributes or declares that Allah has taken a consort of son has apostated. The same holds for the one who denied a prophet, one of the Books of Allah the Exalted or anything from it, or cursed Allah or His Messenger, all these have commited kufr and there is no dispute in the sentence given at all. The intent expressed is that when someone does any of these things willingly or jokingly, apostasy results. This is after he has become a Muslim willingly while someone said it can be held that this is the case even for someone who became a Muslim under duress.” Al-Insaf Fi Ma`rifat ul-Khilaf `ala Madhhab il-Imam Ahmad ibn Hanbal, vol.10, pp. 236-237

Imam Musa ibn Ahmad al-Hajjawi (d. 968 (AD 1561), may Allah be pleased with him, proclaimed the apostate as, “The one who disbelieved after his Islam. Whoever associated partners with Allah, denied His Lordship or His Uniqueness and Oneness, or cursed Allah or cursed His Messenger, has disbelieved. Whoever denied the impermissiblity of intoxicants or something that is clearly agreed upon as impermissible and is not ignorant, he is an unbeliever, but the one who is ignorant is made to know about these things so he can accept them. Anyone who has reached the age of 15 years and willingly apostates from Islam – male or female – is called to Islam for three days and is reminded of the time, with constraints being put on him regarding the matter. If he did not become a Muslim after that time, he is killed with the sword. Whoever cursed Allah and His Messenger, his repentance is not accepted, the same being the case for the one who repeatedly apostated. Such a one in that situation is killed under any circumstance. The repentance of every apostate or unbeliever to enter the faith is by testifying that there is no god but Allah, and Muhammad is the Messenger of Allah. As for the one who disbelieved by denying some compulsory matter, his return to Islam is with the two testimonies of faith and affirming that which had been denied, or he would have to say words like, ‘I declare myself innocent and free from any religion that contradicts Islam’.” Zad ul-Mustaqni` fi Ikhtisar il-Muqni`, pp. 142-143

Imam Mar`ii ibn Yusuf Al-Karmi (d. 1033 (AD 1624) and the commentator on his text, Imam `Abdul Qadir At-Taghlabi (d. 1133 (AD 1721), may Allah be pleased with both of them, state with authority on the topic of apostasy, “The apostate in the Revealed Law refers to the one who disbelieved after his Islam, which also applies to the one who has reached seven yars of age and does so by speech, belief, suspicion or action, whether by an act of obedience or jokingly. There are three types of this unbelief: 1) Cursing Allah, Blessed and Exalted, or cursing His Messenger or any other messenger, the angels, which is kufr, for if he has cursed one of them it means he has rejected or denied that one, or rejected the Lordship of Allah the Exalted or His Oneness and Uniqueness, or one of His Books or one of His Attributes that is necessarily known for Him, like life or knowledge, or he denies one of His Messengers or the angels who are affirmed and established as being His Messengers and Angels. The one who does any of this has commited kufr as mentioned in the Qur’an, and denial of any of that is just like denial of all of it, as one is the same as denying all in principle in the sight of Allah the Exalted, or if he should deny the necessity of one of the five prayers and purification, or if he claims prophethood or believes the claim of someone else proclaiming prophethood, then all that is kufr, as he is denying Allah, Glorified and Exalted, by His Words, But he is the Messenger of Allah and the Seal of the Prophets. Surat ul-Ahzab (33), ayah 40. There is also the statement of the Prophet, peace and blessings of Allah be upon him, ‘The Hour will not come until there shall appear 30 liars, every one of them claiming that he is a messenger of Allah’. It is also apostasy if he should claim that there is a partner or consort for Him, Glorified and Exalted be He. 2) If someone commits an act that indicates apostasy like prostrating to an idol, the sun, moon or such things, as this is idolatry and Allah the Exalted has already mentioned this: Allah does not forgive partners being associated with Him, but He forgives whatever is besides that to whomever He wills. Surat un-Nisa’ (4), ayah 48 3). Having the creed or belief in which there is a partner for Him, Glorified and Exalted be He, or believing that fornication or adultery, intoxicants are permissible, this is kufr, and so is the belief that things like bread, meat or water are impermissible or anything that has been agreed upon by clear Consensus its being permissible or impermissible. 3) Doubting or having suspicion in anything of the matters of faith. In the case where someone does this and he is not like a forgetful person living in the villages of Islam, then it is kufr, as it is denying Him, Glorified and Exalted be He, and His Messenger and the rest of the Ummah. The one who apostates – male or female – at the age of 15 and with full sanity is called back to Islam and told to repent for three days, as this is compulsory. The three days of commanding repentance is because it is possible he could rectify himself in that time and he cannot be judged before trying to do so. The three days are only given because apostasy happens due to some doubt raised, and it is not always clear at the time, thus it is compulsory that he look at the situation for a period of time and reflect on it, and this is certainly more so in the case of apostasy and being given three days and time constraints. The apostate should be reminded of the time and his constraints, and if he repents in the time in which he was asked and returns to his Islam, there is neither penalty on him by way of killing or legal deterrent nor are the deeds that he did in the state of apostasy beforehand, like prayer, Hajj and other things nullified. If the person should remain upon his apostasy, then he is killed with the sword, which is the instrument of execution, and the aspostate is not burned with the Fire and it is only the Imam or his appointed representative who kill him, whether the apostate is free or a slave. The reason for this is that execution is a right of Allah the Exalted and is done by the Imam, just like stoning the adulterer or executing judicial punishments on the criminal.” Nail al-Ma’arib bi-Sharh id-Dalil it-Talib li-Nail il-Mutalib, pp. 406-407

[13] Again, look at the baseline that the Imam is using for the people in question.

[14] Ash-Shami, Jami` ul-Usul it-Tas`a: Al-Bukhari, Muslim, Abu Dawud, At-Tirmidhi, Ahmad, Ad-Darimi, Ibn Majah, An-Nasa’ii and At-Tabarani Section 3: Al-`Ibadat, Book of Al-Adhan, vol.3, pp.370-372

[15] Majmu` Fatawa Shaikh il-Islam Ibn Taymiyyah, vol.22, pp.98-104, King Fahd Printing Complex, Riyad 1416 (AD1995), 2nd ed. Ibn Qasim preparation

15th Night of Sha`ban (revisited)

[ ما بلغ سلفنا الصالح عن ليلة النصف من شعبان]

What came from our pious First Three Generations about the 15th Night of Sha`ban

قال الربيع : ( قال الشافعي رحمه الله  ) : وبلغنا أنه كان يقال : إن الدعاء يستجاب في خمس ليال في ليلة الجمعة ، وليلة الأضحى ، وليلة الفطر ، وأول ليلة من رجب ، وليلة النصف من شعبان ثم سرد سنده رحمه الله ..إلى أن قال : ” ( قال الشافعي ) : وأنا أستحب كل ما حكيت في هذه الليالي من غير أن يكون فرضا ”  كتاب الأم ( 1 / 264 ).

Imam Ar-Rabi` said that Imam Ash-Shafi`ii, may Allah have mercy upon him, stated, “It reached us that it used to be said, ‘Du`a is sure to be answered on five nights: (1) the night of Jumu`ah, (2) the night of `Eid ul-Adha, (3) the night of `Eid ul-Fitr, (4) the first night of the month of Rajab and (5) the 15th night of Sha`ban’.” Then the lone transmission was connected to the Imam, may Allah have mercy upon, to the statement that Imam Ash-Shaf`ii also also, ‘I consider it praiseworthy to make du`a on these nights based upon what was narrated regarding them although it is not compulsory’. Kitab ul-Umm, vol.1, p.264

قلت : ومعنى قوله ( بلغنا ) أي ما تلقاه من شيوخه من تابع التابعين والتابعين عن شيوخهم من الصحابة رضوان الله عن الجميع .

I would like to mention that the meaning of the expression, ‘it reached us’, references his shaikhs from the Followers of the Followers and the Followers from their shaikhs from the Companions, may Allah be pleased with all of them.

 وهو معتمد مذهب الحنابلة كما قرره فقهاء المذهب

In terms of the du`a being praiseworthy on this night, this is the depended upon ruling of the Hanbali madhhab as has been confirmed by the fiqh scholars of the madhhab.

قال تقي الدين ابن تيمية -رحمه اللَّه-: وأما ليلة النصف من شعبان ففيها فضل، وكان في السلف من يصلي فيها، لكن الاجتماع فيها لإحيائها في المساجد بدعة. اهـ من “الاختيارات” (ص 121).

Imam Taqi ud-Din Ibn Taymiyyah, may Allah have mercy upon him, said, “As for as the night of the 15th of Sha`ban, there is favour and virtue in it. There were among those of the First Three Generations who prayed on its night; but gathering together in it in order to stay up all night in the masjids is indeed an innovation (Ar. bid`ah)”. Al-Ikhtiyarat, p.121

وكتب

فارس الخزرجي

As written by (Shaikh) Faaris ibn Faalih Al-Khazraji

11 Sha`ban 1442

MAKING UP SALAH AND THE HOLINESS OF OUR LORD

The Taqaddus of Allah and the Pillar of Salah

All of my life, one of the most striking things that has always been emphasised to me has been the Taqaddus of Allah. All of my family stressed this point to me, all of my teachers stressed this to me and every one of the elders of the past from the First to the Third Generation in the penultimate of Imam Ahmad ibn Hanbal has reminded me of that.

In fact, the singlehanded defense of Imam Ahmad ibn Hanbal, in the presence of the government of the time and while the Mu`tazilah and representatives of the rest of the 72 sects were looking on, of the Orthodox creed was referencing the taqaddus of Allah.

It is when I was on Hajj in Makkah that I witnessed first-hand the Taqaddus of Allah. This is the place of the first qiblah but also the place where the Noble Ka`bah is housed. The Adhan, the curtains of the Ka`bah, the way the salah is upheld and all other affairs were loud and clear examples of this taqaddus.

Then you have the same thing seen in the era of Imam Ibn Rajab (d.795) when the Tatar had attempted to water down the theology and take away the creed, thus watering down the taqaddus.

This taqaddus, which I have been able to find the closest example in English being “holiness”, is throughout our Religion and what I have taught vigorously. This is all I have known from the Righteous, Holy, Mighty Lord that I have served. This is what we take from the ayah in which Allah said,

 هُوَ ٱللَّهُ ٱلَّذِي لاَ إِلَـٰهَ إِلاَّ هُوَ ٱلْمَلِكُ ٱلْقُدُّوسُ ٱلسَّلاَمُ ٱلْمُؤْمِنُ ٱلْمُهَيْمِنُ ٱلْعَزِيزُ ٱلْجَبَّارُ ٱلْمُتَكَبِّرُ سُبْحَانَ ٱللَّهِ عَمَّا يُشْرِكُونَ 

He is Allah! The One whom there is no god but Him! He is the Monarch, the Holy, the Source of Salvation, the Guardian of Iman, the Protector, the Almighty, the Compeller, the Proud! Glorified is Allah from that which they associate with Him![1]

Then we have the statement of the Prophet Muhammad, peace and blessings of Allah be upon him, who declared,

«رَبُّنَا الله الّذِي في السّماءِ تَقَدّسَ اسْمُكَ»

“Our Lord, Allah! The One who is above the sky! Holy is Your Name!” [2]

So Holy is His Name! This has been what our elders fought for, what we sent out preachers for and everything else. It has been about this underlying principle that is couched in the testimony of: There is no god but Allah and Muhammad is the Messenger of Allah.

Every single hadith about the Foundations of the Religion mentions the very first thing as the Testimony of Faith. Let’s look at this example:

ثُمَّ قَالَ ابْنُ عُمَرُ: حَدَّثَنِي أَبِي عُمَرُ بْنُ الْخَطَّابِ قال:  بَيْنَمَا نَحْنُ عِنْدَ رَسُولِ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ ذَاتَ يَوْمٍ، إِذْ طَلَعَ عَلَيْنَا رَجُلٌ شَدِيدُ بَيَاضِ

الثِّيَابِ، شَدِيدُ سَوَادِ الشَّعَرِ،

“Ibn `Umar then said: It was narrated to me by my father `Umar ibn Al-Khattab who narrated: One day we were sitting with the Messenger of Allah, peace and blessings be upon him, when a man came. He had exceedingly black hair and exceedingly white clothes.

لَا يُرَى عَلَيْهِ أَثَرُ السَّفَرِ، وَلَا يَعْرِفُهُ مِنَّا أَحَدٌ، حَتَّى جَلَسَ إِلَى النَّبِيِّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ، فَأَسْنَدَ رُكْبَتَيْهِ إِلَى رُكْبَتَيْهِ، وَوَضَعَ كَفَّيْهِ عَلَى فَخِذَيْهِ، وَقَالَ:

 «يَا مُحَمَّدُ أَخْبِرْنِي عَنِ الإِسْلَامِ»،

“None of us knew him and he had no signs of travel upon him. He then sat down facing the Prophet, peace and blessings be upon him, his knees touching his, and the man placed has hands on his own thighs. He said, ‘Muhammad, tell me about Islam’.

فَقَالَ رَسُولُ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ: «الإِسْلَامُ أَنْ تَشْهَدَ أَنْ لَا إِلَهَ إِلَّا اللهُ وَأَنَّ مُحَمَّدًا رَسُولُ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ، وَتُقِيمَ الصَّلَاةَ، وَتُؤْتِيَ

الزَّكَاةَ، وَتَصُومَ رَمَضَانَ، وَتَحُجَّ الْبَيْتَ إِنِ اسْتَطَعْتَ إِلَيْهِ سَبِيلًا»،

“The Messenger of Allah, peace and blessings be upon him, replied, ‘Islam is that you bear witness that there is no god but Allah and Muhammad is the Messenger of Allah, you establish the Salah, you discharge the Zakah, make the Sawm of Ramadan and make the Hajj if you are able’.

قَالَ: «صَدَقْتَ»، قَالَ: فَعَجِبْنَا لَهُ يَسْأَلُهُ وَيُصَدِّقُهُ، قَالَ: «فَأَخْبِرْنِي عَنِ الإِيمَانِ»، قَالَ: «أَنْ تُؤْمِنَ بِاللهِ وَمَلَائِكَتِهِ وَكُتُبِهِ وَرُسُلِهِ وَالْيَوْمِ الآخِرِ، وَتُؤْمِنَ بِالْقَدَرِ خَيْرِهِ وَشَرِّهِ«

“The man said, ‘You have spoken the truth’. We found that strange, that he was asking questions when he knew the answer. The man then said, ‘So, tell me about Iman’. The reply was, ‘Iman is that you truthfully affirm Allah, His Angels, His Books, His Messengers, the Day of Resurrection and what He has ordained, the good and the bad’.

قَالَ: «صَدَقْتَ»، قَالَ: «فَأَخْبِرْنِي عَنِ الإِحْسَانِ»، قَالَ: «أَنْ تَعْبُدَ اللهَ كَأَنَّكَ تَرَاهُ، فَإِنْ لَمْ تَكُنْ تَرَاهُ فَإِنَّهُ يَرَاكَ»،

“The man said, ‘You have spoken rightly’. He then asked, ‘Tell me about Ihsan’. The answer was, ‘That you worship Allah as if you see Him, and if you do not, indeed, He sees you’.

قَالَ: «فَأَخْبِرْنِي عَنِ السَّاعَةِ»، قَالَ: «مَا الْمَسْئُولُ عَنْهَا بِأَعْلَمَ مِنَ السَّائِلِ»،

“The man then enquired, ‘Tell me about the Hour’. The Prophet Muhammad, peace and blessings be upon him, said, ‘The one asked has as much knowledge as the one asking’.

قَالَ: «فَأَخْبِرْنِي عَنْ أَمَارَتِهَا»، قَالَ: «أَنْ تَلِدَ الأَمَةُ رَبَّتَهَا، وَأَنْ تَرَى الْحُفَاةَ الْعُرَاةَ الْعَالَةَ رِعَاءَ الشَّاءِ يَتَطَاوَلُونَ فِي الْبُنْيَانِ»،

“The man said, ‘So tell me about its portents’. The reply was, ‘When you see a female slave give birth to her master, then you see the barefoot, naked shepherds become leaders, competing with one another in building lofty buildings’.

قَالَ: ثُمَّ انْطَلَقَ فَلَبِثْتُ مَلِيًّا، ثُمَّ قَالَ لِي: «يَا عُمَرُ أَتَدْرِي مَنِ السَّائِلُ؟» قُلْتُ: «اللهُ وَرَسُولُهُ أَعْلَمُ»، قَالَ: «فَإِنَّهُ جِبْرِيلُ أَتَاكُمْ يُعَلِّمُكُمْ دِينَكُمْ»)

“The man then left. I waited for a little while and the Messenger of Allah, peace and blessings be upon him, asked, ‘`Umar, do you know who that was?’ I responded, ‘Allah and His Messenger know best’. He said, ‘That was Jibril, he came to teach you your Religion’.” And this is collected by Imam Muslim.

There is also another hadith that mentions the Testimony of Faith as the very FIRST over of all the pillars.

(بُنِيَ الإِسْلَامُ عَلَى خَمْسٍ شَهَادَةُ أَنْ لَا إِلَهَ إِلَّا اللهُ وَأَنَّ مُحَمَّداً رَسُولُ اللهِ وِإِقَامَ الصَّلَاةَ وِإِيْتَاءَ الزَّكَاةَ وَصَوْمَ رَمَضَانَ وَحَجَّ الْبَيْتِ مَنِ اسْتَطَاعَ

 إِلَيْهِ سَبِيلًا)

Islam is built on five: (1) the Testimony of Faith that there is no god but Allah and Muhammad is the Messenger of Allah, (2) establishment of the Salah, (3) discharging Zakah, (4) Sawm in Ramadan and (5) making Hajj to the House for whoever finds a way”.

Notice that the Testimony is always the first of affairs. There is also something else that stands out in all of these instances. The salah is always the second all of these ahadith. It is the first thing that comes after the Testimony. There are some ahadith in which sawm and hajj are fourth and fifth, respectively in terms of their order of the Five Pillars. Sometimes they are in the opposite order.

But there is no time that the Salah is referred to in all of those texts in which it has its importance fall below the second.

The great Imam and Renewer of Islam in his time, `Abdullah Sufan Al-Qaddumi (d.1331), had this to say about the topic of Salah:

وفي الآداب: العلم أفضل الأعمال وأقرب العلماء إلى الله عز وجل وأولاهم به: أكثرهم له خشية.

“It is mentioned in Al-Adab, ‘Knowledge is the best of all deeds and the nearest of scholars to Allah, Majestic and Mighty, and the uppermost is the one with the most fear of Allah’.

ثم الصلاة لما روى سالم بن أبي الجعد عن ثوب رضي الله عنه أن النبي صلى الله عليهوسلم قال:

“Then after this comes the prayer according to what is narrated by Salim ibn Abil Ja`d from Thawban, may Allah be pleased with him, that the Prophet, peace and blessings of Allah be upon him, said,

(اسْتَقِيمُوا وَلَنْ تَحْصُوا وَاعْلَمُوا أَنَّ خَيْرَ أَعْمَالِكُمُ الصَّلَاةُ). رواه ابن ماجه في سننه.

‘Be upright and don’t reckon that all deeds are accepted. So know that the best of all your deeds is the Salah’. This is collected by Ibn Majah in his Sunan.

ولأن فرضها آكد أركان الدين بعد الشهادتين فتطوعا آكد التطوعات.

“The compulsory nature of the Salah is such that it is also one of the pillars of the Religion after the two Shahadahs. The optional prayers are among the most emphasised.

ولأنها تجمع أنواعًا من العبادة: الإخلاص والقراءة والركوع والسجود ومناجاة الرب والتوجه إلى القبلة والتسبيح والتكبير والصلاة على النبي صلى الله عليه وسلم.

“This is because the Salah joins between many different branches of worship: sincerity of intention, recitation, bowing, prostrating, intimate conversation with the Lord, facing the Qiblah, glorification, takbir, prayers upon the Prophet, peace and blessings of Allah be upon him, and so forth.

فلهذا كانت آكد أركان الدين بعد الإيمان كما يشير إليه قوله صلى الله عليه وسلم في الحديث الصحيح:

“So this is the most emphasised thing after Iman just as is indicated in the authentic hadith”.[3]

Imam Al-Qaddumi goes on to discuss the grave matter of the Salah and preserving it in the life of a believer:

وشرعاً: أقوال وأفعال مفتتحة بالتكبير مختتمة بالتسليم.

“In the Revealed Law, this word signifies words and deeds that open with takbir and end with taslim.

فرضت ليلة الإسراء خمسين صلاة في اليوم والليلة فراجع النبي صلى الله عليه وسلم ربه حتى صارت الخمسون خمساً كما قال عز وجل:

“It was during the Night Journey that fifty prayers were declared compulsory in the night and day. The Messenger of Allah, peace and blessings of Allah be upon him, kept going back to His Lord for a reduction so that the fifty became five. So the Mighty and Majestic One said,

هي خمس أي: بحسب الفعل. وهي خمسون أي: بحسب الثواب ما يبدل القول لدي.

‘It is five according to the action but it is fifty according to reward’. This shows that His Decree does not change.

واستدل العلماء به على عدم فرضية شيء زائد على الخمس كالوتر وقيام الليل

“The scholars have brought this out as proof that nothing has been mandated over the five prayers, such as in the case of witr or qiyam ul-lail.

وعلى جواز النسخ قبل الفعل لأن النبي صلى الله عليه وسلم كلف بالخمسين ثم انتهى الأمر إلى خمس والله أعلم.

“It is also possible that the abrogation can come before the action as the Prophet, peace and blessings of Allah be upon him, was mandated with fifty prayers then the matter was allotted to five. And Allah knows best. 

وروى البخاري في صحيحه عن أنس – رضي الله عنه – أن النبي صلى الله عليه وسلم قال: (أُمِرْتُ أَنْ أُقَاتِلَ النَّاسَ حَتَّى يَشْهَدُوا أَن لَا إِلَهَ إِلَّا اللهُ وَأَنَّ مُحَمَّداً رَسُولُ اللهِ

“Imam Al-Bukhari collected in his Sahih from Anas, may Allah be pleased with him, that the Prophet, peace and blessings of Allah be upon him, said, ‘I have been commanded to fight the people until they bear witness that there is no god but Allah and Muhammad is the Messenger of Allah.

فَإِذَا قَالُوهَا وَصَلُّوهَا صَلَتَنَا وَاسْتَقْبَلُوا قِبْلَتَنَا وَذَبَحُوا ذَبِيحَتَنَا فَقَدْ حَرُمَتْ عَلَيْنَا دِمَاؤُهُمْ وَأَمْوَالُهُمْ إِلَّا بِحَقِّهَا وَحِسَابُهُمْ عَلَى اللهِ عَزَّ وَجَلَّ).

‘When they say that and make our salah, face our Qiblah, slaughter as we do, then it is forbidden for us to shed their blood or take their property except  with the Right of Allah. And their reckoning rests with Allah’.

وصح أن رسول الله صلى الله عليه وسلم قال:

It is authentically narrated that the Messenger of Allah, peace and blessings of Allah be upon him, said:

(خَمْسُ صَلَوَاتٍ كَتَبَهُنَّ اللهُ عَلَى الْعِبَادِ فَمَنْ جَاءَ بِهِنَّ لَمْ يُضَيِّعْ مِنْهُنَّ شَيْئاً اسْتِخْفَافاً بِحَقِّهِنَّ كَانَ لَهُ عِنْدَ اللهِ عَهْدٌ أَنْ يُدْخِلَهُ الْجَنَّةَ.

There are five salawat that Allah has written for the slaves. Whoever comes with them and does not abandon anything of them out of taking them for light and establishes their right, he shall have a covenant in the Sight of Allah and He will enter him into the Paradise’.

وَمنْ لَمْ يَأْتِ بِهِنَّ فَلَيْسَ لَهُ عِنْدَ اللهِ عَهْدٌ إِنْ شَاءَ عَذَّبَهُ وَ إِنْ شَاءَ أَدْخَلَهُ الْجَنَّةَ).

And whoever did not come with them then he has no covenant in the Sight of Allah. If He wills, He punishes him and if He wills, He will enter him into the Paradise’.

رواه الإمام أحمد وأبو داود بإسناد صحيح.

“This is collected by Imams Ahmad ibn Hanbal and Abu Dawud with an authentic chain.

وروى أبو داود عن عبادة بن الصامت – رضي الله عنه – أن النبي صلى الله عليه وسلم قال:

“Imam Abu Dawud collected in his Sunan as narrated from `Ubadah ibn As-Samit, may Allah be pleased with him, that the Prophet, peace and blessings of Allah be upon him, said,

(خَمْسُ صَلَوَاتٍ افْتَرَضَهُنَّ اللهُ عَزَّ وَجَلَّ مَنْ أَحْسَنَ وُضُوءَهُنَّ وَصَلَّاهُنَّ لِوَقْتِهِنَّ وَأَتَمَّ رُكُوعَهُنَّ وَسُجُودَهُنَّ وَخُشُوعَهُنَّ كَانَ لَهُ عَلَى اللهِ عَهْدٌ

Five salawat have been made compulsory by Allah, Might and Majestic. Whoever perfected his wudu’, made the salah in their times, completed the bowing, prostrating, having fear of Allah while in them shall have a covenant in the Sight of Allah.

أَنْ يَغْفِرَ لَهُ وَمَنْ لَمْ يَفْعَلْ ذَلِكَ فَلَيْسَ لَهُ عَلَى اللهِ عَهْدٌ إِنْ شَاءَ غَفَرَ لَهُ وَإِنْ شَاءَ عَذَّبَهُ).

‘Whoever did this shall be forgiven and whoever did not do that then he has no covenant in the Sight of Allah. If He wills, He will forgive Him and if He wills, He will punish him’.

وقال النبي صلى الله عليه وسلم: (خَمْسُ صَلَوَاتٍ مَنْ حَافَظَ عَلَيْهِنَّ كَانَتْ لَهُ نُوراً وَبُرْهَاناً وَنَجَاةً يَوْمَ الْقِيَامَةِ

“The Prophet, peace and blessings of Allah be upon him, said, ‘Five salawat have been declared and mandated. Whoever preserved them shall have a light, proof and salvation on the Day of Resurrection’.

وَمَنْ لَمْ يُحَافِظْ عَلَيْهِنَّ لَمْ تَكُنْ لَهُ نُورٌ يَوْمَ الْقِيَامَةِ وَلَا بُرْهَاناً وَلَا نَجَاةً وَكَانَ يَوْمَ الْقِيَامَةِ مَعَ فِرْعَوْنَ وَقَارُونَ وَهَامَانَ وَأُبَيِّ بْنِ خَلَفٍ).

‘Whoever did not preserve them shall have no light, proof or salvation on the Day of Resurrection. On the Day of Resurrection, this one will be with the Pharaoh, Qarun, Haman and Ubayy ibn Khalaf’.”

رواه ابن نصر في كتاب الصلاة عن أبي عمرو – رضي الله عنهما -.

“This was collected by Ibn Nasr in the Book of Salah from Abu `Amr, may Allah be pleased with him.

وقال النبي صلى الله عليه وسلم: (إِذَا صَلَّتِ الْمَرْأَةُ خَمْسَهَا وَصَامَتْ شَهْرَهَا وَحَفِظَتْ فَرْجَهَا وَأَطَاعَتْ زَوْجَهَا دَخَلَتِ الْجَنَّةَ) رواه الْإمَام أحمد والطبراني الله أعلم.

“The Prophet, peace and blessings of Allah be upon him, said, ‘When the woman has prayed her five salah, carried out her sawm in her month, preserved her chastity and obeyed her husband, she will enter the Paradise’. This is collected by Imams Ahmad and At-Tabarani. And Allah knows best.[4]

When we understand this, we understand the severity of the matter of the Salah. Even more sever is abandoning it.

The Prophet Muhammad, peace and blessings be upon him, stated the following,

Between a man and shirk and kufr is abandoning the salah.[5]

He, peace and blessings of Allah be upon him, also proclaimed,

There is nothing between the slave and shirk except abandoning the salah. And when he abandons it, he has done shirk.[6]

When discussing who is the Muslim and who is not, the Prophet Muhammad, peace and blessings of Allah be upon him, revealed,

Whoever makes our salah, faces our Qiblah and eats the meat that we have slaughtered, then that is a Muslim who has the covenant and protection of Allah and His Messenger.[7]

The Prophet Muhammad, peace and blessings of Allah be upon him, told us about prayer when he said,

Between kufr and iman is abandoning the salah.[8]

The Messenger of Allah, peace and blessings of Allah be upon him, also warned us,

Between a slave and kufr is abandoning salah. So whoever abandons the salah, then he has disbelieved.[9]

The Prophet Muhammad, peace and blessings be upon him, has said the following,

Whoever preserves it (the salah) will have a nur (light) a burhan (manifest proof) and najah (salvation) on the Day of Resurrection. And whoever does not preserve it will not have light, manifest proof or salvation.[10]

This means that those have abandoned the prayer have no salvation. If they have no salvation, they are lost for all eternity.

The Messenger of Allah, peace and blessings be upon him, has also said,

I have been forbidden from fighting/killing the people who make salah.[11]

The Prophet Muhammad, peace and blessings be upon him, said the following,

Whoever preserves it (the salah) will have a nur (light) a burhan (manifest proof) and najah (salvation) on the Day of Resurrection. And whoever does not preserve it will not have light, manifest proof or salvation on the Day of Resurrection. And he will come with Qarun, Pharaoh, Haman and Ubayy ibn Khalaf.[12]

It should be mentioned that all of the people in the hadith are kuffar and rejecters of faith when they knew the truth, especially the Pharaoh. If someone abandons the salah will be resurrected with them, what does this mean about the person?

The Prophet Muhammad, peace and blessings be upon him, stated,

The first of what will be lost of your faith will be the trust (Amanah) and the last of it will be the Salah.[13]

Imam Ahmad ibn Hanbal had the following said of him:

The Imam did not consider anyone from the common Muslims for any sin committed, large or small, to be an unbeliever except in the case of someone who abandoned the Salah. So whoever abandoned the Salah, then he has become an unbeliever and it is permitted for such a one to be executed. And this is the ruling of Imam Ahmad ibn Hanbal.[14]

Imam Muwaffaq ud-Din Ibn Qudamah Al-Maqdisi (d. 620) pronounced the following ruling:

Whoever should deny the compulsory nature of the salah due to ignorance, then he is taught so that he is made aware of the matter. If he should deny the compulsory nature of the salah after that out of stubbornness, then he has become an unbeliever.

It is not permissible to delay the salah from the time that it is compulsory except in the case of a reasonable excuse that would allow two salah to be combined or a matter where it would be valid to delay it according to its conditions. If someone left the salah out of laziness or considering it light, then he is called to repent for three days. If he repents, the matter is resolved; but if he does not, then he is killed as an apostate.[15]

Imam Baha’ ud-Din Al-Maqdisi (d. 624), said the following:

So whoever should deny the compulsory nature of the Salah due to ignorance is taught to know that it is compulsory. If he should then deny it out of stubbornness, then he has become an unbeliever. It is not permitted to delay the salah from its compulsory time except in the case where one may combine then or some reasonable excuse with conditions that has led to the delay. If he should leave the salah out of laziness, then he is told to repent for three days. If he repents then the matter is resolved; but if he does not, then he is killed with the sword as an apostate.

There is a difference of opinion regarding the one who must be killed in this circumstance. Al-Qadi Abu Ya`la has said, “There are two narrations regarding this matter. The first narration is that he is killed when he has left one salah and the time has come close for the next salah begin as when he abandoned the first salah one would have to wait for the second one to come to know that he had abandoned it for sure. So once the time for the first salah has left, we know that he has abandoned the first salah.

It is however not compulsory to kill him while the time has freshly left but rather he should wait until the time for the second salah is running out. In the second narration, it is not necessary to kill him until he has left three salahs and the time becomes late for the fourth prayer so that he has already left one salah for sure and two based on some doubt. When we have seen this and he has left four salahs, then we know that he has definitely left it. It is necessary to kill him due to the statement of the Prophet, peace and blessings of Allah be upon him, said, ‘Whoever left the salah with purposeful intent, then he has no covenant for him.’ This is the proof that it is permissible to kill such a person. He has also said, ‘I have been forbidden from killing the people who make salah.’ The understanding here is therefore that the one that does not make salah can be killed. He also said, ‘Between the slave and kufr is leaving the salah.’ This is collected by Imam Muslim.

So the kufr makes it permissible to kill that individual along with the further text, ‘It is not permissible to spill the blood of a Muslim except in one of three cases: 1) kufr after faith, 2) adultery in marriage and 3) killing a soul without a right attached to it.’ This is agreed upon by Imams Al-Bukhari and Muslim in their collections according to their understanding.” [16]

Imam Musa Al-Hajjawi (d. 968), may Allah have mercy upon him, made the following remarks about the prayer and leaving it:

Whoever should deny the compulsory nature of the prayer has become an unbeliever and the same holds true for the one who has abandoned it out of laziness. The Grand Imam or his representative calls him to the salah and insists on the matter and when the time for the second salah becomes close and the time is tightened he is warned of impending judgement of death.

He is not killed until he has been asked to repent for three days and if he has not repented by the time that has elapsed, he is killed.[17]

Imam Mansur ibn Yunus Al-Buhuti (d. 1051), may Allah have mercy upon him, gave his ruling:

Whoever should deny the compulsory nature of the salah has become an unbeliever when he is not ignorant of it being compulsory if he did deny it, he is denying Allah, His Messenger and the Consensus of the Ummah. If he should claim ignorance due to being new to Islam, he is taught that it is compulsory and made to be acquainted with this knowledge and is not judged to have disbelieved as he was excused.

If he insisted on denying the salah after being taught he has indeed rejected faith. Likewise, whoever left the salah out of consideration that it was a light matter or due to laziness and not denying it being compulsory, then he is called to the salah and the one in charge of this act is the Grand Imam or his representative. He is called to perform the salah and he waits for the second time to come due to the hadith, “The first thing to be abandoned and lost of your Religion is the Amanah (Trust) and the last thing will be the Salah.”

Imam Ahmad said, “Anything that diminishes until its last has gone has nothing to remain of it so this is the case of the one who left the Salah”. So if he was not called to perform it, then he is not judged to have disbelieved due to the fact that the leaving of the salah was excused due to ignorance like in the case of the one who thought that it had been lifted from him due to some issue.

He is not killed until he is asked to repent for three days. Thus in the case of the one who denied it being compulsory or when he left it out of laziness, if they repent the matter is resolved. If not, then they are to be killed with the sword. Friday salah is like other salahs. The same holds true for someone leaving a pillar or condition of the salah. It is necessary that he be warned regarding leaving the salah so that he might take heed and then make salah. It is not necessary to give salam to the one that has left the salah or answer any invitation or good will gesture. This was mentioned by Imam Taqi ud-Din Ibn Taymiyyah as well. He becomes Muslim again by making a salah and he becomes a disbeliever by leaving the Salah and this is not the case for things like Zakah, Sawm and Hajj if he should abandon doing them out of laziness or stinginess.[18]

Imam `Abdul Qadir At-Taghlabi (d. 1133), may Allah have mercy upon him, when giving his ruling, made the following point:

Whoever abandoned the Salah out of denial of it, then he has apostated and is treated as such according to all the laws that govern it. This is as long as he belongs to the category of people who are not ignorant about the Salah, for example the one who is raised in Dar ul-Islam.[19]

Imam Hasan Ash-Shatti (d.1275), may Allah have mercy upon him, indeed concurred with these rulings.[20]

Imam `Abdul Ghani Al-Lubadi (d. 1319), may Allah have mercy upon him, stated for the record:

So whoever abandoned the Salah out of denial of it, then he has apostated. This means that if he left the salah out of laziness, then the Imam or his representative calls him to make the salah. If he did not make the Salah and the time passed and the second prayer came, then he has disbelieved. The laws of the apostates are then held over him and this means that he is also asked to repent for three days and he repents the matter is resolved; but if he does not repent, he is killed just as we will mention later.

Whoever apostated and then returned to Islam, then he must make qada’ of what he left in the time of his apostasy. This ruling holds for the Salah and Sawm and this is in agreement to a ruling from Imam Ash-Shafi`ii. There is another ruling where qada’ is not necessary and this is in agreement to the ruling of Imam Abu Hanifah and Malik ibn Anas but there has also been narrated Consensus on this matter.[21]

This should be something clear in our minds when we think about this second pillar of Islam and the fact that this is the first thing mentioned after the Testimony of Faith. Our Holy, Righteous, Mighty Lord has told us we must carry out these obligations.

Throughout history, our Lord has laid down laws and things for us to make use of and make judgement to among men that He sees fit. When there are errors in the actions that we carry out, those actions are nullified as they do not meet with His Pleasure or will.

There are occasions where an action might be nullified in most instances but through the inclusion of another act or matter that acts as an apology or act of contrition, He then accepts that deed, compensates us and declares it fitting and righteous in His Sight.

Consider the case of the Sawm that we are obligated to carry out every Ramadan.

شَهْرُ رَمَضَانَ ٱلَّذِيۤ أُنْزِلَ فِيهِ ٱلْقُرْآنُ هُدًى لِّلنَّاسِ وَبَيِّنَاتٍ مِّنَ ٱلْهُدَىٰ وَٱلْفُرْقَانِ فَمَن شَهِدَ مِنكُمُ ٱلشَّهْرَ فَلْيَصُمْهُ وَمَن كَانَ مَرِيضاً أَوْ عَلَىٰ سَفَرٍ فَعِدَّةٌ مِّنْ أَيَّامٍ أُخَرَ يُرِيدُ ٱللَّهُ بِكُمُ ٱلْيُسْرَ وَلاَ يُرِيدُ بِكُمُ ٱلْعُسْرَ وَلِتُكْمِلُواْ ٱلْعِدَّةَ وَلِتُكَبِّرُواْ ٱللَّهَ عَلَىٰ مَا هَدَاكُمْ وَلَعَلَّكُمْ تَشْكُرُونَ 

The month of Ramadan is the time in which the Qur’an was sent down – a guidance to mankind and clear evidences of the Guidance and the Criterion – so whoever should witness this month, then let him fast it. And whoever is ill or on a distant journey, then let him make up the number of days at another time. Allah desires for you ease and does not desire for you hardship and He desires that you complete the number, magnify Allah according to how He guided you so that you might be grateful.[22]

So Holy is Our Lord, that if someone were to breach this time and knowingly eat in the time of day that one is to be fasting or commit any acts He has stipulated impermissible, a penalty has to be given to resolve it.

Reflect on this statement from Imam Baha’ ud-Din Al-Maqdisi in order to appreciate the affair:

“The evidence for all of this is what has been narrated by Az-Zuhri from Humaid ibn `Abdur-Rahman from Abu Hurairah, who said, ‘We were sitting one day in the presence of the Prophet, peace and blessings of Allah be upon him, when a man came and said: I have been destroyed. The Prophet, peace and blessings of Allah be upon him, answered: What did you do? The man said: I had sexual intercourse with my wife while I was making sawm in Ramadan. The Messenger of Allah, peace and blessings of Allah be upon him, said: Are you able to find one slave that you can free? The man remarked: No.

He was then asked: Are you able to fast two months consecutively to expiate this matter? He said: No. He was then asked: Are you able to feed sixty poor and needy people? He said: No. The Prophet, peace and blessings of Allah be upon him, waited with us at the place for a long time and sat quietly. Then someone came with a basket of dates. The Prophet, peace and blessings of Allah be upon him, then said: Where is the man that came questioning just a moment ago? The man said: I am here. The man was told: Take this bundle of dates and give this in charity. The man said: There is no one poorer than me that deserves charity. By Allah, there is no family poorer than mine, Messenger of Allah. The Messenger of Allah, peace and blessings of Allah be upon him, smiled until his canine teeth could be seen. The Prophet, peace and blessings of Allah be upon him, then said: Take this and feed your family. This is collected by Imams Al-Bukhari and Muslim and agreed upon by them to be authentic.”[23]

Just reflect on this point. This month is so ennobled in the Sight of our Lord that to knowingly break fast through sexual intercourse would require something known as a kaffarah, which is laid out in the above statement.

Even if one has a valid excuse for not making sawm, such as old age or death, our Holy God has still set down rules that He has declared must be implemented to satisfy His Holiness. Consider this point mentioned.

Imam Baha’ ud-Din Al-Maqdisi, may Allah be pleased with him, declared,

“Thus the one in this situation has to have the sawm compensated, as is related by Ibn Majah from a chain with Ibn `Umar who mentioned that the Prophet, peace and blessings of Allah be upon him, said, ‘Whoever died while there was a sawm due to him from the month of Ramadan, then the one left behind needs to feed a poor man in place of every day that he missed.’ This is collected by Imam At-Tirmidhi who said, ‘This hadith is authentic but documented and not rigorous.’ It was also narrated from `A’ishah, that she said, ‘So every day would be made up by feeding a poor man for every day the deceased missed and there would be no sawm done for him.’ This is narrated by Al-Baihaqi.

There is also the statement of Ibn `Abbas that he was asked regarding the man who died and had an oath to make sawm that he had made as well as days from Ramadan. The reply from Ibn `Abbas was, ‘As for Ramadan, let him feed one regarding every day missed. As for the oath that he made, then let someone make sawm in that regard.’ This was collected by Imam Abu Bakr Al-Athram in As-Sunan. And if he left making up the sawm until he died for some valid excuse, then there is no sin upon him. The reason for this is that the Right of Allah, the Exalted is necessary by the Revealed Law. Then the one who died before he could carry out the command is excused, and the matter falls to those who survive him just like in the case for Hajj.”[24]

So this is known as the fidyah and has to be paid for even the one that had died. The same ruling also holds for the one who is too ill, infirm or too old to fast. By carrying out this principle, this satisfies the holiness and sanctity of our Lord and He deems it acceptable.

So weighty is this, that even women on their monthly cycle make up fasts missed.

Imam Baha’ ud-Din Al-Maqdisi, may Allah be pleased with him, remarked on the following,

“Both the woman that begins menstruating and the woman with post-natal bleeding nullify their sawm when this condition begins. This ruling is Consensus. If a woman with either one of these conditions does make sawm in the month of Ramadan, it will not be valid and this ruling is also Consensus. This was established in the hadith of `A’ishah, may Allah be pleased with her, ‘We were commanded to make up the sawm that we missed and not make up the salahs missed.’ This is collected by Imam Al-Bukhari. The making up in the hadith was due to the monthly cycle and the post-natal bleeding is like it in ruling.”[25]

This matter is so important that this is why the emphasis was put upon it for a kaffarah, fidyah or qada’ to compensate and meet the requirements of our Holy Lord.

The senior teacher, Imam Baha’ ud-Din Al-Maqdisi, may Allah be pleased with him, gave the ruling,

“Breaking fast for the ill man or the traveller is more virtuous and both of them have to make up the fasts that they broke. This is due to what Allah, Glorified be He, said,

If you are ill or on a journey. [Surat un-Nisa’ (4), ayah 43.]

There is also the statement of the Exalted One,

So whoever among you is ill or on a journey, then he will make up the fasts on other days. [Surat ul-Baqarah (2), ayah 182.]

The Prophet, peace and blessings of Allah be upon him, also said, ‘It is not righteousness to fast for the one that is travelling.’ This is collected by Imams Al-Bukhari and Muslim and agreed upon by them. The Prophet, peace and blessings of Allah be upon him, came out on the day of the Conquest of Makkah which was in the month of Ramadan. He found that there were some people who were fasting and he said, ‘These are the disobedient ones.’ This is collected by Imam Muslim. If the ill or traveller does fast, it will be valid.”[26]

Now let’s look at the case of the Zakat ul-Fitr. This is to act as a purification of our wealth and fasting and our Lord sees this as pleasing to Him when it is carried out.

Imam Baha’ ud-Din Al-Maqdisi, may Allah be pleased with him, said the following,

“This is compulsory on every Muslim who finds what is in excess of his nourishment and that of his family and dependants on the day of `Eid which begins at sunset in the night-time. He subtracts one sa` from this wealth for distribution and this is based upon what was narrated by Ibn `Umar, who said, ‘The Prophet declared as compulsory Zakat ul-Fitr from the month of Ramadan on the male, female, the free and slave from the Muslims in the form of one sa` of dates, barley for the people and half a sa` of wheat to be given for every young child and old man or woman. He commanded that this amount should be given before the people set out for the `Eid prayer.’ This is agreed upon by Imams Al-Bukhari and Muslim. The amount of Zakat ul-Fitr is one sa` of wheat, barley – whether it be the grains or oatmeal derived from them – as well as dates, raisins, as this was narrated by Abu Sa`id Al-Khudri, who stated, ‘We used to give out zakah in the time of the Messenger of Allah, peace and blessings of Allah be upon him, in the form of one sa` of food, which would be a sa` of dates, wheat, barley, cottage cheese or yoghurt or raisins. Then when Mu`awiyah came and the others came he said: Indeed one double handful of these things equals two double handfuls.’

“Abu Sa`id Al-Khudri further said, ‘The form of Zakah given out was always the same just as in the times that we had given it beforehand.’  This is collected by Imams Al-Bukhari and Muslim and agreed upon by them as authentic.

If the individual did not find the items listed to give as Zakat ul-Fitr, then he takes out of this wealth anything that he can get as a sa`. This is whether or not it is seeds, the meat of fish or cattle. This particular statement is that of Imam Ibn Hamid as this is built upon approximations of what people use as nourishment. Abu Bakr `Abdul `Aziz mentions that the individual should set aside as Zakat ul-Fitr any nourishing grains and the like that would stand in place of foods mentioned in the aforementioned explicit texts.

“So one would give things such as seeds or fruits with things like corn, millet, rice and things such as this as these items are fitting substitutes for those explicitly mentioned matters. The one required to give Zakat ul-Fitr sets aside what is necessary not only for himself but any who are dependants under him asnd this is done on the night of `Eid when he possesses and takes hold of what is to be discharged as Zakat ul-Fitr. This is due to the fact that the Fitr follows on from the maintenance and this is the extra left over of his maintenance and the maintenance of his dependants on the day of `Eid and its’ night. He therefore takes out the zakah for himself and his dependents. This is based upon the statement of the Prophet, peace and blessings of Allah be upon him, ‘Discharge the Zakah for those under your care.’ This is collected by Imam Ad-Daraqutni. He gives the distribution of the zakah precedence over the maintenance as it is specifically stated by the Prophet, peace and blessings of Allah be upon him, ‘Take out the amount for the Zakah, starting with yourself.’ This is collected by Imam Muslim. There is another narration in which he also said, ‘Begin with those who are under your care.’ This is collected by Imam At-Tirmidhi.

“A condition for Zakat ul-Fitr becoming compulsory is the time entering in for that compulsory act. The compulsory time is sunset on the night of `Eid ul-Fitr. This is based upon the statement of Ibn `Umar, ‘The Messenger of Allah, peace and blessings of Allah be upon him, declared Zakat ul-Fitr compulsory from the end of the month of Ramadan.’ This is coming after the sunset. Whoever became Muslim, or got married or had a child born to him or owned a servant or slave or war captive after the sunset or they died before the sunset, then there is no Zakat ul-Fitr due. If the sun set and they were with him for the duration of time, then they died, then he must give the Zakat ul-Fitr for them as the necessary time and matter was met and these things are not nullified by death just like the expiation for disavowing one’s wife.”[27]

We also have the case of the Hajj and the `Umrah. This is to be carried out once in the lifetime of a Muslim according to what Allah has revealed.

Imam Baha’ ud-Din Al-Maqdisi, may Allah be pleased with him, remarked that the evidence for this point is coming from,

“The statement of the Glorified and Exalted One, Allah has required upon the people the Hajj to the House according to the one who is able to find the way. Surah Ali `Imran (3), ayah 97. Therefore ability has been required in order for something compulsory to come into effect. This is evidence that whoever does not have the ability has the compulsory nature of something lifted from him.”[28]

If there are certain affairs that are missed, they likewise have to be resolved through fidyah or kaffarah or the action will not be accepted by our Lord.

Imam Mansur Al-Buhuti, may Allah be pleased with him, said the following about fidyah,

“So in discussing the fidyah, it is according to what is necessary and deserves to be taken and one chooses the fidyah for something such as shaving or removing more than two hairs, cutting or trimming more than two nails, the man covering his head, wearing sewn clothes. When one commits a violation such as this, one must choose between either fasting three days, feeding six poor people – and for every poor person is one double handful of wheat or a half of a sa` of dates or barley – or slaughtering one sheep. All this is based upon the statement of the Prophet, peace and blessings of Allah be upon him, when he said to Ka`b ibn `Ajarah, ‘Do you have a scalp ailment?’ He said, ‘Yes, Messenger of Allah.’ He said to him, ‘Shave your head and then fast either three days, or feed six poor people or sacrifice one sheep.’ This is collected by Imams Al-Bukhari and Muslim and agreed upon by them as authentic.”[29]

Imam Baha’ ud-Din Al-Maqdisi, may Allah be pleased with him, explicitly stated,

“Contracting and consecrating a marriage is impermissible due to the statement of the Prophet, peace and blessings of Allah be upon him, ‘The one in ihram is not to contract or consecrate a marriage, nor should he be married and nor should he be engaged.’ This is collected by Imams Al-Bukhari and Muslim and agreed upon as authentic from the narration from `Uthman, may Allah be pleased with him. This is a clear prohibition and the word of prohibition used in this ayah refers to impermissibility. If someone in a state of ihram should marry someone or be married, then there as no fidyah upon him as it is a covenant that has been nullified due to his ihram. So based upon this principle, the fidyah is not compulsory for him, just like in the case of someone purchasing wild game for killing and eating.”[30]

Imam Baha’ ud-Din Al-Maqdisi, may Allah be pleased with him, said the following,

“So having direct sexual intercourse is forbidden. If the individual in ihram had sexual intercourse before the 10th of Dhul Hijjah, which is the time of slaughter, then his Hajj is nullified and he must do a make up the following year. As for the spoiling of his Hajj due to sexual intercourse, there is no difference of opinion about this matter at all.

Ibn Al-Mundhir said, ‘The People of Knowledge have made Consensus on that the Hajj is not nullified or spoiled by doing anything in the state of ihram except sexual intercourse.’ The foundational principle in that is according to what has been narrated from Ibn `Umar that a man asked him, saying, ‘I came to my wife while we were both in a state of ihram. What should we do?’ He said, ‘You have nullified your Hajj. You and your wife should go with the people and complete what they complete, finish and take off the ihram when they do so. When the next year comes, you need to go, you and your wife and make hajj again and give a gift. If the two of you do not find a gift, then you both need to fast for three days on the Hajj and seven when you have returned to your homeland.’

This is also what has been mentioned by Ibn `Abbas and `Abdullah ibn `Amr and we know of no different of opinion in their time. The hadith of these Companions has been narrated by Abu Bakr Al-Athram in his Sunan and something additional was mentioned in the hadith of Ibn `Abbas, ‘They should part ways from where they made ihram from and not come together until they repeat their Hajj so as not to fall into that again.’ Ibn Al-Mundhir mentioned, ‘The statements of Ibn `Abbas is the highest thing in authenticity that has been narrated on the topic of sexual intercourse on the Hajj.’ There is also another narration about this from `Umar, may Allah be pleased with him.”[31]

Then we have this time now in which some people neglect – with purposeful intent – the five-time salah that are to be prayed every day by every adult Muslim under the ruling. Then upon this realisation, some have turned back to repent and then realised that they had a vast number of salah to make up.

They have said, “This is such a big number. Isn’t there some easier way to resolve this matter?”

This question seems easy enough, but it is sometimes used in the sense of dereliction of duty. In most instances previously, they were rightly told that they must make up these missed salawat and not cut corners.

But as of recent, there have been a spate of well-wishers telling Muslims not to make them up, that they can’t and that instead they should “just give sadaqah instead” or “give a good word” and move forward.

Strangely enough, these people are not pulling from some Consensus or laid down principles that have been established from time immemorial. They are pulling from a rare ruling from none other than Imam Taqi ud-Din Ibn Taymiyyah (661-728).

This is very strange as in this current age, the takfir bop-gun is being released against him and his entire name is being serenaded with sobriquets such as mujassim, mushabbih, murtad, zindiq and so forth. Yet, this same Imam’s rare opinion, universally condemned in its time, is being used as an escape clause for low IQ figures to tell common Slaves of Allah to ignore what a Holy Lord has declared.

The point of the long introduction above was to establish that we serve a Holy and Righteous God and that only the things that He has stipulated and found pleasing to Him may be presented to Him as worship.

When Sawm, Hajj, `Umrah, Zakah or other affairs are breached, the only way to keep this act from being nullified in the Sight of a Holy and Righteous God is that a kaffarah, fidyah or some other compensatory affair is brought forth.

Yet those who are using a five-page fatwa from the aforesaid Imam (and we know they took it from him as a simple perusal through history will establish that none previous to 728 had this kind of ruling attached) do so in order to somehow “make things easy” on the Ummah (meaning Muslims in Dar ul-Kufr. Why is this “making it easy” always referenced to the whole Ummah but only parenthetically referring to one portion (?!) or “keep in mind the current milieu” and other sycophantic things designed to lower the status and rank of the Salah.

Understand this very well. When a salah is missed, it has to be made up.

من نام عن صلاة أو نسيها، فليصلها إذا ذكرها‏.‏ لا كفارة لها إلا ذلك‏”

“Whoever slept through a salah or forgot it, then let him pray it when he remembered it. There is no expiation due to him for it except that”.[32]

Subhanallah! Look at this affair. There is no expiation (Ar. kaffarah) or the like to compensate this. The matter is so severe, only the make-up (qada’) of the salah will satisfy the Holiness of our Lord. And there is nothing else.

One cannot give Allah, Glorified and Exalted be He, an expiation or something that He has not called for or declared that He would accept when He either declared Himself or told His Prophet or Consensus has been established that this is not the case.

And yet there are those latching onto the fatwa of Taqi ud-Din Ibn Taymiyyah as if it is a panacea for satisfying Allah’s Holy Command when it is no such thing. In fact, Imam Taqi ud-Din Ibn Taymiyyah’s ruling, although not abided by, goes one step further in affirming the Holiness of our Lord.

The reason why Taqi ud-Din Ibn Taymiyyah declared that the salah does not have to be made up is not because it does not have to but because it can’t. Once the time to glorify Allah in the compulsory salah has passed, one cannot reclaim it in qada’ or make up. This the time has passed.

As for the reason why someone who prayed sometimes and not others or for a period of time is exempt from qada’ of those salawat is because the individual (a) missed the time and (b) the said individual is a kafir, specifically a murtad.

The revilers of the Revealed Law and secret stans of Taqi ud-Din Ibn Taymiyyah didn’t include that part of his ruling. They merely ignored it and presented the first part of it and not the underlying principles from the Usul of the Imam in question on the matter.

It is therefore my thought that the best thing to do would be to publish the ENTIRE fatwa in the next few days to show in reality what is at stake, so people understand the ramifications of the ruling.

So you follow Imam Taqi ud-Din Ibn Taymiyyah in his ruling about the abandoned salah. Wonderful. You were an apostate (Ar. murtadd) which impacts on the validity of your marriage, children, inheritance and a host of other things. You thought you’d find a way out of honouring the Righteous Command of your God but instead ran into an even more severe ruling on the topic.

Have it your way. This ruling will be published with all of its sourcing and texts so that the people might see it and not any longer be lied to about the true nature of abandonment of the salah in the life of a believer.[33] 

So very well then. You super scholars and throne polishers don’t like Taqi ud-Din Ibn Taymiyyah. But just remember this the next time you bend your back to kiss the gnarled hand of the fake preacher you are genuflecting to or collecting toe-nail shavings for barakah to rub on your face (or turning a blind eye to the opposite/same sex orgies that he is carrying out, sometimes in the class (!) and remember it well:

If it wasn’t for Taqi ud-Din Ibn Taymiyyah’s rulings on sadaqah for the salah, three talaqs in one sitting equalling one and much more, most of you mouth breathers wouldn’t have a thing to talk about in your fake institutions.  

Until next time,

Al-Hajj Abu Ja`far Al-Hanbali


[1] Surat ul-Hashr (59), ayah 23

[2] Collected by Imam Ahmad in his Musnad, vol.6, pp. 20-21

[3] Hidayah, pp.207-209

[4] Hidayah, pp.179-181

[5] Collected by Imams Muslim, Abu Dawud, at-Tirmidhi, Ibn Majah and as-Suyuti, hadith #2848 and classed as sahih.

[6] Collected by Imams Ibn Majah, as-Suyuti, hadith #5388 and classified as sahih.

[7] Collected by Imams al-Bukhari, an-Nasa’ii, as-Suyuti, hadith #6350, an-Nabahani, hadith #2146 and classed as sahih.

[8] Collected by Imams at-Tirmidhi and as-Suyuti, hadith #2849 and classed by them as sahih.

[9] Collected by Abu `Awanah in his Musnad, vol. 1, pp. 19-20 and classed as sahih.

[10] Collected in the Musnad of Imam Ahmad, vol. 2, pp. 168-169 and Ibn Hibban in his Sahih, hadith #1465

[11] Collected by Imams at-Tabarani and as-Suyuti, hadith #6785

[12] Collected by Imams Ahmad ibn Hanbal in his Musnad, vol. 2, pp. 228-229 and Ibn Hibban, hadith #253 and classed by both of them as sahih.

[13] Collected by Imams at-Tabarani, al-Hakim, as-Suyuti, hadith #’s 2570 and 2575 and classed as hasan.

[14] Al-I`tiqad, pp.22-23

[15] Al-`Umdah fil-Fiqh, pp. 18-19

[16] Al-`Uddah Sharh ul-`Umdah, pp. 70-71

[17] Zad ul-Mustaqni`  fikh-tishar il-Muqni`, pp. 37-38

[18] Ar-Rawd ul-Murbi` bi-Sharhi Zad il-Mustaqni`, pp. 60-61

[19] Nail ul-Maarib bi-Sharhi Dalil it-Talib Li-Nail il-Matalib, pp. 55-57

[20] Matalib Uwl in-Nuha fi Sharhi Ghayat il-Muntaha, vol. 1, pp. 272-283

[21] Hashiyat ul-Lubadi `ala Nail il-Maarib, pp.56-57

[22] Surat ul-Baqarah (2), ayah 185

[23] Al-`Uddah Sharh ul-`Umdah, pp. 200-201.

[24] Al-`Uddah Sharh ul-`Umdah, pp. 201-200.

[25] Al-`Uddah Sharh ul-`Umdah, pp. 199-200.

[26] Please see Al-`Uddah Sharh ul-`Umdah, pp. 199-200

[27] Al-`Uddah Sharh ul-`Umdah, pp. 184-186.

[28] Al-`Uddah Sharh ul-`Umdah, pp. 216-217.

[29] Ar-Rawd ul-Murbi` bi-Sharhi Zad il-Mustaqni`, pp. 214-215

[30] Al-`Uddah Sharh ul-`Umdah, pp. 235-236.

[31] Al-`Uddah Sharh ul-`Umdah, pp. 237-238.

[32] Ash-Shami, Al-Jami` bain As-Sahihain: Al-Bukhari and Muslim, Section 3: Al-`Ibadat, vol.1, pp.488-491

[33] A truly curious thing is that none of the Muslims that I have dealt with in Dar ul-Islam or the entire family of the writer have ever abided by this understanding or called to it as they seem to have a better understanding of the Holiness of Allah than the “educated”, “civil”, “urbane” “wise” and “respectable” self-congratulators in Dar ul-Kufr who steadfastly speak with two tongues on Taqi ud-Din Ibn Taymiyyah. Perhaps the reader can ask himself why this may be the case.  

RECITING YASIN AT THE ONE NEAR DEATH OR DECEASED

[ مسائل معتمدة في مَذْهَبُ الحَنَابِلَةِ اعتقد البَعضُ أنَّها مِنْ البِدَعِ أو محرمة ]

Depended upon things in the Madhhab that are thought by others to be innovations or impermissible

مُعْتَمَدُ مَذْهَبِ الحَنَابِلَةِ استحباب قراءة سورة ( يس ) عند المحتضر

The depended upon ruling in the madhhab of the Hanbalis is that it is praiseworthy to recite Surah Yasin in the presence of the one near death.

مما انتشر على أنه مذهب الإمام أحمد والحنابلة رضي الله عنهم ، القول ببدعية قراءة سورة ( يس )  .

It has come to be widely believed that the madhhab of the Imam, Ahmad ibn Hanbal and the Hanbalis, may Allah be pleased with all of them, is the statement that it is impermissible or an innovation to recite Yasin in the presence of the one near death or at the gravesite.

والمعتمد عن أحمد رضي الله عنه ، وعلماء المذهب الاستحباب .

The depended upon ruling from Imam Ahmad, may Allah be pleased with him, and the scholars of the madhhab is that it is praiseworthy.

وسنقدم قول الإمام قبل أقوال العلماء تفنيدًا لشبهة من قال بأن المتأخرين يخالفون الإمام أحمد رحم الله الجميع .

So we will put forward the statement of the Imam before the statements of scholars in in to lift the doubt from the statement that the latter day scholars opposed and contradicted the Imam, Ahmad ibn Hanbal, may Allah be pleased with all of them.

قول إمام المذهب :

The statement of the Imam of the Madhhab is next.

قال الموفق  رحمه الله في المغني ( 2 / 161 ) كتاب الجنائز :

Imam Muwaffaq ud-Din Ibn Qudamah (d.620), may Allah have mercy upon him, in Al-Mughni, vol.2, p.161 in the Book of Al-Jana’iz stated:

قال أحمد : ويقرءون عند الميت إذا حضر ، ليخفف عنه بالقراءة ، يقرأ { يس } ، وأمر بقراءة فاتحة الكتاب . وروى سعيد ، حدثنا فرج بن فضالة ، عن أسد بن وداعة ، قال : لما حضر غضيف بن حارث الموت ، حضره إخوانه ، فقال : هل فيكم من يقرأ سورة ( يس ) ؟ قال رجل من القوم : نعم . قال : اقرأ ، ورتل ، وأنصتوا . فقرأ ، ورتل . وأسمع القوم ، فلما بلغ { : فسبحان الذي بيده ملكوت كل شيء وإليه ترجعون } . خرجت نفسه . قال أسد بن وداعة : فمن حضر منكم الميت ، فشدد عليه الموت ، فليقرأ عنده سورة ( يس ) ، فإنه يخفف عنه الموت .

“Imam Ahmad said, ‘They recite in the presence of the deceased when the body is present and it lightens difficulties from him by reciting Yasin’. And he would also command them to recite Surat ul-Fatihah. It is narrated by Sa`id: It was narrated to us by Faraj ibn Fudalah from Asad ibn Wada`ah who narrated: When the Ghudaif ibn Harith was near death, his brothers attended him and he said to them, ‘Is there someone among you who will recite Yasin?’ One of the people said, ‘Yes’. He said to them, ‘Then recite and do so correctly and remain silent’. So the man recited and did so correctly and slowly. And the people sat and listened. When he reached the portion: Glorified is the One who has in His Hand the dominion of everything and they shall all return to Him. [Surah Yasin (36), ayah 83] Then Ghudaif died. Asad ibn Wada`ah then said, ‘Whoever among you attends to the deceased and the death is hard upon him, let him recite Yasin as it will ease death for him’.  

واختار التقي بن تيمية رحمه الله الاستحباب :ففي  الاختيارات  (ص 91) : والقراءة على الميت بعد موته بدعة ، بخلاف القراءة على المحتضر ، فإنها تستحب بياسين “.

The chosen position of Taqi ud-Din Ibn Taymiyyah, may Allah be pleased with him, is that it is praiseworthy to recite Yasin as is discussed in Al-Ikhtiyarat, p.91: “So the qira’ah upon the deceased after death is innovation which is the opposite ruling of making qira’ah upon the one near death. Indeed the only thing praiseworthy is Yasin”.

قال المرداوي رحمه الله في الانصاف( 2 / 466):قوله ( ويقرأ عنده سورة يس ) ، قاله الأصحاب ، وكذا يقرأ عنده سورة الفاتحة ونص عليهما واقتصر الأكثر على ذلك ، وقيل : يقرأ أيضا سورة تبارك . وجزم به في المستوعب .

Imam `Ala’ ud-Din Al-Mardawi (d.885), may Allah have mercy upon him, states in Al-Insaf, vol.2, p.466: “So he recites Yasin in the presence of the one near death as was said by the companions of the School. And likewise he recites Al-Fatihah (1) in his presence. Both of these have been mentioned by the Imam and most of the companions of the School limit the matter to this. It has also been said that he recites Surat ul-Mulk (67) as well and this is specifically mentioned in Al-Mustaw`ib”.

قال دقائق أولي النهى لشرح المنتهى المعروف بشرح منتهى الإرادات ( 1 / 341) :يسن ( قراءة الفاتحة و ) قراءة ( يس عنده ) أي المحتضر لحديث ” { اقرءوا على موتاكم يس } ” رواه أبو داود وصححه ابن حبان ولأنه يسهل خروج الروح .

There is also the statement of Imam Mansur Al-Buhuti (d.1051) in Daqa’iq Uwl in-Nuha Li-Sharh il-Muntaha, also known as Sharh Muntaha Al-Iradat, vol.1, p.341: “It is the sunnah to recited Al-Fatihah (1) and Yasin (2) in the presence of the dying one based upon the hadith, ‘So recite Yasin to your deceased’ as collected by Imams Abu Dawud and declared sahih by Ibn Hibban. And this hadith is thought to refer to the one near death and beneficial as it eases the exit of the soul from the body”.

وكتب فارس بن فالح الخزرجي

١٩ ذو القعدة ١٤٣٨ هـ

And this was written by (Shaikh) Faaris ibn Faalih Al-Khazraji

19 Dhul Qa`dah 1438

RECITING QUR’AN AT THE GRAVE OF THE DECEASED

[مسائل معتمدة في مَذْهَبُ الحَنَابِلَةِ اعتقد البَعضُ أنَّها مِنْ البِدَعِ أو محرمة ] 

Depended upon things in the Madhhab that are thought by others to be innovations or impermissible

(مُعْتَمَدُ مَذْهَبِ الحَنَابِلَةِ في حكم قراءة القرآن على القبر )

The Depended upon Ruling in the Madhhab regarding recitation of Qur’an at the gravesite

مما انتشر على أنه مذهب الإمام أحمد والحنابلة رضي الله عنهم ، القول بتحريم قراءة القرآن وبدعيتها على القبر ، وهو غلط على المذهب .

والصحيح المعتمد هو :  هو استحباب قراءة القرآن على القبر ، واليك الأقوال.

It has come to be widely believed that the madhhab of the Imam, Ahmad ibn Hanbal and the Hanbalis, may Allah be pleased with all of them, is the statement that it is impermissible to recite the Qur’an at the gravesite and that it is impermissible and this is an error being attributed to the Madhhab. The authentic and depended upon position is that it is praiseworthy to recite the Qur’an at the gravesite and here are some statements on the matter.

قول الإمام أحمد رضي الله عنه :قال عبد اللَّه: سمعت أبي سُئِلَ عن رجل يقرأ عند القبر على الميت.قال: أرجو أن لا يكون به بأس.

“مسائل عبد اللَّه” (543).

We have the statement of the Imam, Ahmad ibn Hanbal, may Allah be pleased with him, narrated from `Abdullah ibn Ahmad who said, “I heard once that my father was asked about a man who recited Qur’an at the gravesite upon the deceased and he responded, ‘I hope that there is no harm in that’.” Masa’il `Abdullah ibn Ahmad ibn Hanbal, p.543

قال سلمة بن شبيب: أتيت أحمد بن حنبل فقلت له: إني رأيت عفان يقرأ عند قبر في المصحف فقال لي أحمد بن حنبل: ختم له بخير.

“القراءة عند القبور” للخلال ص 84 .

Salamah ibn Shabib remarked, “I came to Ahmad ibn Hanbal and said to him, ‘I saw `Affan reciting at the gravesite from the Mushaf’. Ahmad ibn Hanbal said to me, ‘Let a khatam for him be done in goodness’.” Taken from Qira`ah at the gravesites by Abu Bakr Al-Khallal, p.84

قال الحسن بن الهيثم البزاز: رأيت أحمد بن حنبل خلف رجل ضرير يقرأ على القبور.القراءة عند القبور” للخلال ص 84  .

Al-Hasan ibn Al-Haitham said, “I saw Ahmad ibn Hanbal behind a blind man reciting at the gravesite”. Taken from Qira’ah at the gravesites by Abu Bakr Al-Khallal, p.84

قال المرداوي رحمه الله : قوله (ولا تكره القراءة على القبر في أصح الروايتين) ، وهذا المذهب ” (2/ 557).

Imam `Ala’ ud-Din Al-Mardawi (d.885), may Allah have mercy upon him, remarked, “It is not disliked to recite Qur’an at the gravesite according to the most authentic of the two narrations on the topic. And this is the madhhab”. Al-Insaf, vol.2, p.557

قال الحجاوي رحمه الله :ولا تكره القراءة على القبر وفي المقبرة بل يستحب وكل قربة فعلها المسلم وجعل ثوابها أو بعضها كالنصف ونحوه لمسلم حي أو ميت جاز ونفعه لحصول الثواب له ” ( 1 / 236).

Imam Musa ibn Ahmad Al-Hajjawi (d.968) said of the matter, “So it is not disliked to recite at the gravesite or in the graveyard. On the contrary, it is praiseworthy and any deed done by a Muslim to gain nearness to Allah and its reward – some of it, half or it or the like – is attributed to a living or deceased Muslim is permitted and the benefit and reward reaches that one”. Al-Iqna`, vol.1, p.236

هذا هو المذهب ، الذي رجع اليه الإمام واعتمده .

So this is the depended upon position of the Muslim in which the Imam returned to and depended upon.

قال شيخ الإسلام ابن تيمية رحمه الله :

We then have the statement of Shaikh ul-Islam Taqi ud-Din Ibn Taymiyyah, may Allah have mercy upon him,

وقد تنازع الناس في القراءة على القبر، فكرهها أبو حنيفة ومالك، وأحمد في أكثر الروايات عنه، ورخص فيها في الرواية المتأخرة، لما بلغه أن عبد الله بن عمر أوصى أن يقرأ عند دفنه بفواتح البقرة، وخواتمها”الفتاوى الكبرى (3 / 34).

The people have disputed about the recitation upon the grave and this was disliked by Imam Abu Hanifah, Malik and Ahmad in most of the narrations given from him although he gave a dispensation for it in the latter narration as it reached him that `Abdullah ibn `Umar requested that someone recite at his grave the beginning and ending portions of Al-Baqarah. Taken from Al-Fatawa Al-Kubra, vol.3, p.34

والرواية الثانية : تكره وهي مرجوحة في المذهب وممن اختارها شيخ الإسلام رحمه الله .

The second narration in the School is that it is disliked and it was a preferred statement in the School and that which was chosen by Shaikh ul-Islam Taqi ud-Din Ibn Taymiyyah, may Allah have mercy upon him.

وكتب فارس بن فالح الخزرجي

26 / رجب / 1442

This was written by (Shaikh) Faaris ibn Faalih Al-Khazraji

26 Rajab 1442

FALSE NOTIONS HELD BY SOME MUSLIMS IN “THE WEST” WITH NO KNOWLEDGE

[مسائل معتمدة في مَذْهَبُ الحَنَابِلَةِ اعتقد البَعضُ أنَّها مِنْ البِدَعِ

Depended upon things in the Madhhab of the Hanbalis that are thought by others to be innovations

الجَّهرِ بالذِّكرِ بَعْدَ الصَّلاةِ عِندَ الحَنابِلةِ مستحب

Raising the voice in dhikr after the compulsory salah according to the Hanbalis is praiseworthy.

مما اشتهر أنه من مذهب الحنابلة الإسرار بالذكر بعد الصلاة وأن الجهر به بدعة .

It is popularly believed by some people that it is from the Hanbali Madhhab to keep the dhikr quiet after the compulsory salah and that doing so aloud is innovation.

بينما المعتمد في المذهب الجهر _ وهو المسنون _ بالذكر بعد الصلاة من للإمام والمأموم ، بحيث يسمع من في المسجد ومن هو خارج المسجد .

This is although the depended upon ruling in the madhhab is that raising the voice – which is masnun – in the dhikr after the compulsory salah is for both the imam and the follower to the degree that the one in the masjid and the one outside could hear it.

قال حنبل: سمعت أبا عبد اللَّه يقول: حدثنا علي بن ثابت: حدثنا واصل قال: رأيت علي بن عبد اللَّه بن عباس إذا صلى كبر ثلاث تكبيرات 

قلت لأحمد: بعد الصلاة؟ قال: هكذا.قلت له: حديث عمرو عن أبي معبد عن ابن عباس: كنا نعرف انقضاء صلاة رسول اللَّه -صلى اللَّه عليه وسلم- بالتكبير  ، هؤلاء أخذوه عن هذا؟ قال: نعم. “فتح الباري” لابن رجب 7/ 396

Hanbal ibn Ishaq said: “I heard Abu `Abdullah saying: It was narrated to us by `Ali ibn Thabit: It was narrated to us by Wasil who said: I saw `Ali ibn `Abdullah ibn `Abbas when he made salah and he would make takbirs. I said to Ahmad, ‘Was this after the salah?’ He said, ‘Yes, that is so’. So I cited to him the hadith of `Amr from Abu Ma`bad from Ibn `Abbas who said, ‘We would know that the salah of the Messenger of Allah, peace and blessings of Allah be upon him, had ended by the takbir had ended’. I then said to the Imam, ‘Is this where they are taking the understanding from?’ Imam Ahmad remarked, ‘Yes, that’s where they took it from’. And this is cited from Imam Ibn Rajab in Al-Fath ul-Bari, vol.7, pp. 395-396

وقال القاضي أبو يعلى في (الجامع الكبير): ظاهر كلام أحمد: أنه يسن للإمام الجهر بالذكر والدعاء عقب الصلوات بحيث يسمع المأموم، ولا يزيد على ذلك.

Al-Qadi Abu Ya`la the Ender mention in Al-Jami` us-Sahih: “The dominant speech from Imam Ahmad is that it is the sunnah for the Imam to make the dhikr and du`aa aloud at the end of the compulsory salah whereas the follower might hear him but he should not increase and do more than that”.

وذكر عن أحمد نصوصاً تدل على أنه كان يجهر ببعض الذكر، ويسر الدعاء، وهذا هو الأظهر، وأنه لا يختص ذلك بالإمام. فإن حديث ابن عباس هذا ظاهره يدل على جهر المأمومين أيضًا.

It was also narrated from Imam Ahmad explicitly that he would make some of his dhikr aloud while concealing his du`a and this is the most dominant statement from him. And that is not restricted to just the Imam alone. Indeed the hadith of Ibn `Abbas indicates that the followers would make the dhikr aloud as well.

وذكر مثله الموفق في الكافي ( 1 / 260).

And this was also cited by Imam Muwaffaq ud-Din Ibn Qudamah in Al-Kafi, vol.1, p.260.

ونقل البهوتي في “كشاف القناع” (1/366) عن شيخ الإسلام ابن تيمية استحباب الجهر : ”  قال الشيخ :أي ابن تيمية: ويستحب الجهر بالتسبيح والتحميد والتكبير عقب كل صلاة ” .

Imam Al-Buhuti narrated in Kash-shaf ul-Qina`, vol.1, p.366 from Shaikh ul-Islam Taqi ud-Din Ibn Taymiyyah that it is praiseworthy to make the dhikr aloud. He said, “The Shaikh – meaning Taqi ud-Din ibn Taymiyyah – said, ‘It is praiseworthy to make the dhikr aloud, including the statement of Glory be to Allah, Praise be to Allah and Allah is the Greatest at the end of every compulsory salah’.”

بهذا يتبين الفرق بين معتمد المذهب في هذه المسألة وأن ما اشتهر خلافه .

So this makes the clear difference between the depended upon ruling in the Madhhab in this issue and what is popularly thought which is in fact the opposite view.

وكتب

فارس بن فالح الخزرجي

This was written by (Shaikh) Faaris ibn Faalih Al-Khazraji

10 /رجب / 1442

10 Rajab 1442

THE CLEAR AND CONCISE WAY OF MUSLIM ORTHODOXY IN THEOLOGY


وقال الإمام شيخ الإسلام موفق الدين ابن قدامة في قاعدة التفويض:

Imam Muwaffaq ud-Din Ibn Qudamah, may Allah have mercy upon him, said just this on the topic:

والصحيح: أن المتشابه: ما ورد في صفات الله سبحانه مما يجب الإيمان به ويحرم التعرض لتأويله كقوله تعالى:

“The authentic position is that the allegorical ayat are what was narrated about the Attributes of Allah, Glorified be He, in what is compulsory to believe in and it is impermissible to seek its meaning. This includes examples where the Exalted One has said:

ٱلرَّحْمَـٰنُ عَلَى ٱلْعَرْشِ ٱسْتَوَىٰ)  (بَلْ يَدَاهُ مَبْسُوطَتَانِ( (لِمَا خَلَقْتُ بِيَدَيَّ أَسْتَكْبَرْتَ أَمْ كُنتَ مِنَ ٱلْعَالِينَ) (وَيَبْقَىٰ وَجْهُ رَبِّكَ ذُو ٱلْجَلاَلِ وَٱلإِكْرَامِ) (تَجْرِي بِأَعْيُنِنَا) ونحوه.   

(The Most Merciful is above the Throne),[1] (But both of His Hands are outspread),[2] (to the one I created with My Two Hands),[3] (The Face of your Lord shall remain forevermore),[4] (They float under Our Gaze).[5]

فهذا اتفق السلف رحمهم الله على الإقرار به وإمراره على وجهه وترك تأويله.

“And this is what the First Three Generations – may Allah have mercy upon them – agreed in that they would affirm it, pass it by as it was and abandon seeking the meaning.

فإن الله سبحانه ذم المتبعين لتأويله وقرنهم في الذم بالذين يبتغون الفتنة وسماهم أهل زيغ.

“This was on account that Allah, Glorified be He, cast blame upon those who sought its meaning and joined between the blameworthiness of what they did with those who are seeking tribulation and he named them people of division and rancour.

وليس في طلب تأويل ما ذكروه من المجمل وغيره ما يذم به صاحبه بل يمدح عليه إذ هو طريق إلى معرفة الأحكام وتمييز الحلال من الحرام.

“And in seeking out the meaning of what they mentioned before of general ayat and others, there is no blame on someone doing that. In fact it is the opposite. When it comes to the decisive ayat, one is praised for seeking the meaning is this is a way to know the judgements set in the Revealed Law and distinguishing the permissible from the impermissible.

ولأن في الآية قرائن تدل على أن الله سبحانه منفرد بعلم تأويل المتشابه وأن الوقف الصحيح عند قوله تعالى:

“However in the allegorical, it is in this ayah indicators that establish that Allah only has knowledge of the meaning of the allegorical and that a complete stop should be exercised at the place where the Exalted One says:

(وَمَا يَعْلَمُ تَأْوِيلَهُ إِلَّا اللهُ) لفظًا ومعنى.

And no one knows its meaning but Allah.[6] This means both the wording and the meaning.

أما اللفظ: فلأنه لو أراد عطف (وَالرَّاسِخُونَ) لقال: (وَيَقُولُونَ آمَنَّا بِهِ) بالواو

“As for the wording, then if it was intended that those well grounded in knowledge [7]also knew the meaning, it would have mentioned and they say, ‘We believe in it’. [8]

وأما معنى: فلأنه ذم مبتغي التأويل ولو كان ذلك للراسخين معلومًا: لكان مبتغيه ممدوحًا لا مذمومًا.

“In terms of the meaning, this is on account of the fact that the one seeking the meaning is considered blameworthy. If the meaning of it had been known to those well grounded in knowledge, then seeking it would have been praiseworthy and not blameworthy.

ولأن قولهم: (آمَنَّا بِهِ) يدل على نوع تفويض وتسليم لشيء لم يقفوا على معناه.

“And also due to their statement (We have believed in it) proves this is a type of tafwid and submission to something that they did not know its meaning.

سيما إذا أتبعوا بقولهم (كُلٌّ مِنْ عِنْدِ رَبِّنَا) فذكرهم ربهم ههنا يعطي الثقة به، والتسليم لأمره وأنه صدره منه وجاء من عنده كما جاء من عنده المحكم.

“This is especially when the statement is followed up with their words (all of it is from our Lord). Thus their mentioning their Lord hear confirms trusting in Him, submission to him and that it came from Him, from His Presence just as the other decisive ayat had come.

ولأن لفظة (أَمَّا) لتفصيل الجمل فذكره لها في (الَّذِينَ فِي قُلُوبِهِمْ زَيْغٌ) مع وصفه إياهم بابتغاء المتشابه وابتغاء تأويله يدل على قسم آخر يخالفهم في هذه الصفة وهم (الراسخون) ولو كانوا يعلمون تأويله لم يخالفوا القسم الأول في ابتغاء التأويل.

“As for the statement (as far as) [9] this is to differentiate the sentences and He mentioned the matter regarding the others when he said (those who have a disease in their hearts) [10] with His Description of them in seeking the allegorical and seeking its meaning and that served as proof on another matter that He mentioned the well grounded in knowledge opposed those who had a sickness in their hearts. So if the well grounded in knowledge had known the meaning, they would not have been differentiated from the first group in their seeking the meaning.

وإذ قد ثبت أنه غير معلوم التأويل لأحد: فلا يجوز حمله على غير ما ذكرناه لأن ما ذكر من الوجوه لا يعلم تأويله كثير من الناس.

“Thus when it has been established that the meaning of it is not known to anyone, it is not permissible to bear the ayah on anything other than what we mentioned as it has not been mentioned that any narratives that many people do not know its meaning as has been said in some narratives.

فإن قيل: فكيف يخاطب الله الخلق بما لا يعقلونه أم كيف ينزل على رسوله ما لا يطّلع على تأويله؟

“If it should be said, “How could Allah speak to the creation in a way that they don’t understand? How could He send down on His Messenger something that one cannot ascertain the meaning?”

يجوز أن يكلفهم الإيمان بما لا يطّلعون على تأويله ليختبر طاعتهم كما قال تعالى: (وَلِنَبْلُوَنَّكُمْ حَتَّى نَعْلَمَ الْمُجَاهِدِينَ مِنْكُمْ وَالصَّابِرِينَ) (وَمَا جَعَلْنَا الْقِبْلَةَ الَّتِي كُنْتَ عَلَيْهَا إِلَّا لِنَعْلَمَ) الآية، (وَمَا جَعَلْنَا الرُّءْيَا الَّتِي أَرَيْنَاكَ إِلَّا فِتْنَةً لِلنَّاسِ)

“It is possible that He would make them responsible for having iman in what they don’t know its meaning in order for them to be tested in their obedience. Like when he said, (So that He might test you as We know the mujahidin from those among you that are patient) [11] (We did not make the Qiblah which you were upon except so that We might know) [12] and also (We did not make the vision which We showed you except as a test to the people). [13]

وكما اختبرهم بالإيمان بالحروف المقطّعة مع أنه لا يعلم معناها والله أعلم.

“And just as He can test them in iman regarding the surahs that begin with the disconnected letters while the fact is that none knows their meaning. And Allah knows best”. [14]


[1] Surah TaHa (20), ayah 5

[2] Surat ul-Ma’idah (5), ayah 64

[3] Surah Sad (38), ayah 75

[4] Surat ur-Rahman (55), ayah 27

[5] Surat ul-Qamar (54), ayah 14

[6] Surah Ali `Imran (3), ayah 7

[7] Surah Ali `Imran (3), ayah 7

[8] Surah Ali `Imran (3), ayah 7

[9] Surah Ali `Imran (3), ayah 7

[10] Surah Ali `Imran (3), ayah 7

[11] Surah Muhammad (47), ayah 31

[12] Surah ul-Baqarah (2), ayah 143

[13] Surat ul-Isra’ (17), ayah 60

[14] Rawdat un-Nazir wa Junnat ul-Munazir, vol.1, pp. 213-217

HOW STUDENTS OF KNOWLEDGE AVOID TIME WASTERS

لقد دار بيني وبين بعض أدعياء السلفية منقطعي النسب، اتصال صوتي بعد أن رايتهم يتبجحون بطلب المناظرة مع بعض أصحابنا الحنابلة كالشيخ فارس الخزرجي وغيره حفظ الله الجميع

There has already been communication between myself and some of the claimants of “Salafiyyah” that ascribe themselves to this title after I saw that they were eagerly looking to debate with some of our colleagues from the Hanbalis – like Shaikh Faris Al-Khazraji and others, may Allah preserve them all.

وقد أحسن الشيخ فارس بعدم مناظرتهم، لأن هذا هو مذهب السلف -رضوان الله عليهم. وقد امتنعت من مناظرتهم موافقة للسلف في منعهم المناظرة والجدل وقد تواتر ذلك عن السلف باسانيد صحيحة، وقد نقل الاجماع على ذلك غير عالم من علماء المسلمين

It is just as well that Shaikh Faris did not respond to them as this is the way of the First Three Generations – may Allah be pleased with them, in which they were forbidden from debating with these people and this is in agreement with the First Three Generations, namely that they do not debate or dispute and this is popularly known from the First Three Generations with sound transmission. Consensus has been narrated on this topic by more than one of the scholars of the Muslims.

وقد تبينت عدة نقاط:أنهم عوام ليسوا طلاب علم، بل دجالون يحترفون القفز واللعب والضحك على الذقون.أنهم يكذبون صراحة وينقلون عن المخالف كلامًا لم يقله، إذا عجزوا عن إسقاطه أو تسجيل مخالفة للسلف عليه.

The following things are clear from this situation: (1) those seeking these debates are not students of any knowledge but in fact are dajjals, loving to jump around, play and laugh on the slightest thing that touches their tongue, (2) they explicitly lie and narrate things from the shaikhs that they did not say when they are unable to clearly bring a reply or record any of the shaikhs that are contradicting the First Three Generations,

أنهم يخالفون السلف في بعض المسائل كالجدل والمناظرة والسكوت عما سكت عنه السلف ونحو ذلك، مما سجلته عليهم بالصوت والنص.

أنهم يحرفون كلام السلف تحريفًا خطيرًا لا يقل عن تحريف أهل البدع والضلال.

(3) they oppose the First Three Generations in some areas – like disputation and debate and being silent about things the First Three Generations and so forth – which has been recorded from them and is also written explicitly by themselves.

عندما يعجزون عن نقل قولٍ عن السلف، يهربون لمعتمد الحنابلة، وعندما نحاققهم بالمعتمد يهربون لقول السلف الذي زوروه عليهم.

ينسبون للسلف نصوصًا ضعيفة وموضوعة، وعندما نحاققهم في صحتها، إما يتهربون، أو يعجزون عن إثباتها.

(4) whenever they are unable to narrate something from the First Three Generations, they flee to the mu`tamad of the Hanbalis but when the mu`tamad of the Hanbalis abandons them they flee to a statement from the First Three Generations that belies them, (5) they attribute to the First Three Generations weak and fabricated statements and (6) whenever the authentic statement from them belies them, they flee from it or are unable to affirm it,

عندما نقمعهم ونطالبهم بالادلة يتهربون بطرح الأسئلة بعد مطالبتنا، كي يشتتون الموضوع وبالتالي الهروب التكتيكي.

يلفون ويدورون كالثعالب، ليس لهم نقطة بحث جوهرية، ولا يعلمون ماذا يريدون.

(7) Whenever we ask them for proof or seek evidence in this regard, they run to a myriad of new questions after we sought from them clear answers. This is only to move the subject, subvert it, keep the goal posts constantly moving. They are like foxes in which they rummage from place to place without any fixed domain and they don’t know what they want to do.

يضعفون ما يرونه مخالفًا لقولهم وإن صححه الحنابلة وغيرهم من أهل العلم، ويصححون الضعيف، ويتبحون بتصحيح بعض الحنابلة.

ليس لديهم أي شيء صحيح صريح في الكتاب والسنة والاجماع يلزمنا، بل هم يريدون إلزام الناس بأفهامهم، وبدعهم ومقالتهم المبتورة عن السلف.

(8) They declare as weak whatever has been narrated that opposes their opinion, even if the Hanbalis and others from the People of Knowledge declared it authentic. They declare the weak as authentic by using one of the Hanbalis against all the others. There is nothing with them that is authentic and explicit in the Book, Sunnah and Consensus that requires us to follow them. On the contrary, they seek to force people to follow their statements, innovations and false declarations that lead away from the First Three Generations.  

يكذبون على العلماء ويدلسون عليهم نصوصا، ليست في المسألة المطروحة.لا يحسنون فهم كلام العلماء، ويحملونه ما لا يحتمل.ونصيحتي لطلاب العلم: أن يحذروا هؤلاء المتمسلفة، ومن أراد أن يطلع على تساجيلهم فهي عندي بالنص والصوت، وعلى الجميع الانشغال بالعلم والدروس وضبط المسائل

(9) They lie about the scholars, attribute to them corrupted or false statements that are not in reference to the matter at all. They do not understand well the statements of the scholars and they hold it according to an understanding that was not intended. So my advice to the students of knowledge is that they take caution with these philosophers. So whoever wants to look at their recordings, I have them with me in terms of writing and spoken lectures detailing their deviation. And everyone should be busying himself with knowledge, lessons and grasping matters and principles.

ولا تنشغلوا بهؤلاء لانهم يريدون صدكم عن العلم الصحيح وإرجاعكم لوصايتهم ، وتقزيمكم، وإخضاعكم، وفرض السيطرة عليكم، وهم جهال عوام، تافهون لا قيمة لهم في العلم بل هم عصابات وقطاع طرق.

They don’t busy themselves with any of this as they are seeking to impede you from the sound knowledge and return you over to their evil, doubts, submission to their ideas and they make it compulsory for them to rule over you. These are ignorant laity that have no knowledge and there is no weight to them in knowledge but they are a gang of thugs and robbers.

ولا تنخدعوا بدعوتهم لمذهب السلف، فقد حاققتهم بنصوص السلف. فما وجدت عندهم شيء ذو قيمة ولا اسانيد صحيحة. فهم فارغون ثرثارون متشبعون بما لم يعطوا.

Do not let their innovations deceive you into thinking that this is the “madhhab of the Salaf” as the texts of the First Three Generations have already abandoned them. You don’t find any value among them nor authentic chains of transmission. They are nothing more than a confused rabble that move around, claiming that which they were not given.

أبو الأمين آل جراح الحنبلي.

Abul Amin Ala Jarrah Al-Hanbali

ETIQUETTE WITH THE QUR’AN PT.4

The above text is a PDF in Arabic with English translation of a section of Al-Muntaha by Imam Al-Futuhi (d. 972) with Imam Al-Buhuti’s (d. 1051) on the topic of the mushaf and the respect due to it.

This was the text that I used when I taught the believers the opening tajwid and other rulings. We covered this and another text before I would let them touch the mushaf. This stands as a sober reminder to all regarding the sanctity of the Qur’an, the respect due to it, the holiness of Allah and His Righteousness.

I hope this is of benefit to all in question.

Until next time,

Al-Hajj Abu Ja`far Al-Hanbali