Thursday, April 19, 2012

The Qasar Prayer (6 - last)

Hence the general ruling of Qasar applies to other than the 3 Masjids.


However, one should also be clear that he should be performing the Fajar/Subuh and Maghrib prayers in congregation with a muqiem Imam, even if he is a traveller, in a nearby masjid for example, since Qasar is not applicable for these 2 prayers.




Jumu'ah Prayers for the Traveller

A traveller (man) does not perform the Jumu‘ah Prayers but if he performs it with the locals performing their Jumu‘ah in a masjid, then he doesn’t have to pray his Zohor as it suffice.

From Tariq bin Syihab: Verily the Messenger of Allah said:
 الجمعة حق واجب على كل مسلم في جماعة إلا أربعة : مملوك و امرأة و صبي و مريض 

“The Jumu‘ah Prayer is an obligation upon every muslim in congregation except four (groups of people): slaves, women, children and the sick.”
[Narrated by Imam Abu Dawud and he said: “Tariq didn’t hear it directly from the Messenger shallallahu 'alayhi wasallam”. al-Hakim also narrated it from Tariq from Abie Musa.“ A Sahih hadis”. al-Hafiz said: in at-Talkhies: “Narrated by Abu Dawud from the hadis of Tariq bin Syihab and al-Hakim also from him from Abie Musa from Nabi shallallahu 'alayhi wasallam and it has been verified as Sahih by a few ‘ulama”. Imam an-Nawawi said: “Abu Dawud’s statement that Tariq had only met the Prophet shallallahu 'alayhi wasallam but never heard any hadis  directly from him , does not affect this hadis in it's Sahih status, because it is a ‘mursal Sahabi” and it stands as a basis of justification. Furthermore the hadis meets the conditions (set by) asy-Syaikhain (al-Bukhariy and Muslim) and has many supportive routes”.]

On the authority of Ibn ‘Umar who narrated: the Messenger of Allah said:
 ليس على مسافر جمعة 

“There is no obligation to perform the Jumu‘ah Prayer upon a traveller.”
[Narrated by Imam at-Tabaraniy with a Do‘ief (weak) isnad. “This is a Do‘ief hadis, yet it stands as a basis due to the supportive narrations. There is a narrator: ‘Abdullah bin Nafi‘ in it’s isnad and he had been classified as weak by a number of Scholars of Hadeets”. asy-Syaikh al-Albaniy said: “In this issue there are other narrations which strengthened this hadis and the writer’s (al-Hafiz Ibn Hajar) statement that it is narrated by at-Tabaraniy, in my opinion is a mistake”.]

Asy-Syaikh al-Bassam said:
“This is a proof that the Jumu‘ah Prayer is not obligatory upon a traveller and not legislated (for travellers), because the Prophet shallallahu 'alayhi wasallam and his companions, when they were travelling, whether to perform Hajj or for Jihad, none of them performed the Jumu‘ah Prayer while travelling although they were a big group …there was no Jumu‘ah in Mina, not even ‘Arafah, as stated by Imam Ahmad since there isn’t a single narration mentioning it being performed at these 2 places…
…Women and children are not obliged to perform the Jumu‘ah Prayer because women are not “congregational individuals” and gatherings…as for the sick, they are not obligated as well since going to Jumu‘ah Prayer is an intense burden on them and likewise a traveller who would normally and most of the time, face difficult circumstances and situations. However, if any of these groups perform the Jumu‘ah Prayer, it is valid for them and it suffice them (without performing Zohor) since the obligation of Jumu‘ah is waived for them as a concession or allowance and with the objective to ease them.
[Tawdieh al-Ahkam min Bulugh al-Maram: 2/361-362]

Nevertheless, one need to know that “combining or joining” (i.e. doing Jama‘ the Jumu‘ah and ‘Asar) is another matter of dispute among scholars. For example, one who is travelling has performed Jumu‘ah Prayer with the locals. Upon completion and when convenient, he immediately performs his ‘Asar, as doing Jama‘ of Jumu‘ah and ‘Asar.


Scholars who do consider Jama' of Jumu'ah & Asar NOT permissible


Those scholars who hold the opinion that it is not permissible, pointed out that there was no example from the Prophet shallallahu 'alayhi wasallam and not even the companions. They never performed Jama‘ joining Jumu‘ah with Asar. Furthermore, Jumu‘ah Prayer is not like Zohor in many aspects, so to join Jumu‘ah and Asar by doing Jama‘, by means of analogy, taking Jumu‘ah like Zohor, is not appropriate.

These are the aspects of differences between Jumu‘ah and Zohor:

  1. Jumu‘ah must be performed in congregation, no congregation means no Jumu‘ah unlike Zohor
  2. Jumu‘ah comes together with a khutbah as a condition or pre-requisite unlike Zohor as there is no sermon for Zohor
  3. Jumu‘ah is a prayer of 2 raka‘ats only, Zohor is 4 raka‘ats.
  4. The recitation in Jumu‘ah Prayer is loud (jahr) whereas Zohor is quiet (sirr)
  5. The timing for Jumu‘ah Prayer is not the same as Zohor’s time, as the Prophet himself, Abu Bakar and ‘Umar as well as ‘Abdullah ibn az-Zubayr (governor of Mekkah) used to pray Jumu‘ah before noon. Only during the time of ‘Utsmaan (some scholars: Mu‘awiyah) that it started to be intertwined with Zohor’s time.
This is the ultimate difference that prooves the analogy inappropriate, not justified.

Scholars who do consider Jama' of Jumu'ah & Asar permissible

The other group of scholars allowed the Jama‘ of Jumu‘ah and Asar in view of the objective and reason why Jama‘ is legislated in Syari‘ah (i.e. to ease people). Since Jumu‘ah had been performed and it is within the timeframe of doing the Jama‘ combining Zohor and Asar, and that Jumu‘ah “replaces” Zohor, thus it is permisible to do so.

Although the Messenger and the Companions never performed this type of Jama‘, it is more due to the circumstances that it is allowed. If we take the example of the question posed to Syeikh al-Albaaniy earlier, if instead of Zohor, it was the Jumu‘ah, it will be a difficult situation for that person if he/she really in need to travel as soon as possible, to attend to an ailing close relative or other similar reason.


This (the need to do Jama‘ of Jumu‘ah and Asar) also happens a lot with regard to pilgrims. Since they would perform their Jumu‘ah in al-Masjid al-Haram or Masjid Nabawi or Masjid al-Aqsa, due to it’s excellence and virtues as explained earlier, yet they need to leave for their country or continue travelling after it, which might be a reason for them not able to perform Asar at it’s appointed time. Prohibiting them to perform this type of Jama‘ would make it difficult for them and this is against the very objective the Jama‘ Prayer being legitimised.


Conclusion

In conclusion, this is a matter of dispute among scholars. Those who strictly follow the example set by the Messenger prohibited it. Those who took into account the “maqasid” or objective of Jama‘ i.e. to ease a traveller, permitted it. Wallahu a‘lam.

Observing the Sequence of Prayers


In performing the Jama‘ Prayer, one need to observe the sequence of the Prayer. One should always perform Zohor before Asar and Maghrib before Isya’. The Messsenger shallallahu 'alayhi wasallam never disrupt or go against the order of the 5 times prayers, even at the event when he prayed Asar in Maghrib time, as in the Battle of Bani Qurayzoh. He prayed Asar first before Maghrib, even though it was already time for Maghrib, after sunset. There is no narration that he ever did the contrary. Therefore, regardless of one’s situation, one who performs Jama‘ must observe the sequence or order of the 5 times prayers.

Let it be known to us, some scholars went to the extent of ruling a prayer being done not in order of this sequence which Allah legislated, (in the Quran; the “Solatul Wustho”, the Prayers are at appointed times, and examples set by the Prophet), his prayer is invalid.

For example, if one comes to the masjid, and people are doing Isya’ prayer in congregation, being a traveller, he has not performed his Maghrib, he must join the Congregational Isya’ Prayer, then after completing it with the congregation, he prays his Maghrib and he must re-do his Isya’ as it was performed (the one in congregation – it was performed for the sake of congregational prayer and to avoid fitnah) before his Maghrib Prayer, and he has done what opposes the order of the 5 times prayers or it’s sequence. Yet this is also a matter of dispute and to avoid the disputes of scholars is a thing encouraged.

Voluntary Prayers

Bear in mind that voluntary prayers that a traveller performs are those other than the Rawatib (Sunnah Prayers associated with Fardh prayer - Qabliyah and Ba'diyah) because the Rawatib was NOT performed by the Prophet shallallahu 'alayhi wasallam while travelling except for the 2 raka'at before Fajr/Subuh Prayer.


There are differences in opinion amongst the 'ulama in the "Rawatib Sunnah Prayer" when one is traveling and Imam an-Nawawi and some Imams view it as a Sunnah. Whilst Imam Ibn al-Qayyim and some others (including Ibn 'Umar - Sahabah) viewed it not as a sunnah as it contradicts with the fact that the Prophet shallahu 'alayhi wasallam himself, did not carry it out.


In addition, due to the fact that the Fardh (obligatory) prayers are shortened (Qasar), it is only fitting that the voluntary prayer which is associated with it, is dropped as well. The opinion of Imam Ibn al-Qayyim appears stronger. Allah knows best.


Prayers During Hajj

Imam Ibnul Qayyim, also presented the strongest evidences in this book “Zaad al-Ma’aad” as to how the  Prophet shallahu 'alayhi wasallam performed prayers during Hajj. Within Hajj itself, some of its Manasik acts puts one in a "difficult" situation whereas at some other point puts one in a “relaxed or calm" situation. However, what is evident from authentic narrations, on the manner of performing prayers by the Prophet during Hajj (which can be obtained from the book “Manasik al-Hajj wa al-‘Umrah fi al-Kitab wa as-Sunnah wa Atsar as-Salaf” - a summary from the Book: Hijjat an-Nabiy kamarawaha ‘anhu Jabir” – both written by Ash-sheikh al-Albaniy):

  1. The Prophet shallahu 'alayhi wasallam performed the Qasar Prayer without Jama‟ (Zohor-Subuh) on Day of Tarwiyah (8th DzulHijjah) at Mina for there are not many events taking place at that point of time.
  2. On the Day of ‘Arafah (9th Dzulhijjah), the prophet performed the Qasar and Jama’ prayer for Zuhur and Asar, during Zohor at 'Arafah. 
  3. Similarly, in the evening upon reaching Muzdalifah, the prophet performed the Qasar and Jama’prayer for Maghrib and Isya prayers. 
  4. On the 10th of Dzulhijjah, he performed the Qasar prayer for Zohor after he completed the Tawaf Ifadah in Mecca (in other narrations offered his Zohor in Mina) and the same goes for Asar (Qasar without Jama’). 
  5. The same applies for the 3 days in Mina (11th, 12th and 13th DzulHijjah). 
Thus, the evidence has its own point of strength because it portrays the final practice of the  Prophet shallahu 'alayhi wasallam nearing to his death as the above-mentioned journey is filled with different scenarios, be it difficult or easy, fixed at a position or on the move or whether the day is filled with activities or not. Allah knows best.

Makmum Needs to Follow the Imam

To elaborate further the issue of “the makmum needs to follow the imam”, if the imam prays 4 raka‘ahs being a muqiem (resident), the makmum must follow the imam, even if he joins the prayer as a masbuq and only got to be together with the imam at the end of the imam’s solat. This is the elaboration:

Imam Ibn Qudamah said: Issue (275): 
If he joins in a prayer led by an Imam who is a Muqiem (resident), while he is still travelling, he must follow the Muqiem Imam and pray the Itmam manner (no Qasar)…regardless whether he initiated the prayer from the beginning with the muqiem imam or in the final raka‘ah. This has been narrated from Ibn ‘Umar, Ibn ‘Abbas and a group of at-Tabi‘ein and it is also the opinion of ats-Tsauriy, al-Auza‘ie, asy-Syafi‘ie, Abu Tsaur and Ashab ar-Rakyi. (There are other opinions; Ishaq: He still performs Qasar . [He agrees to the opinion of those scholars who view that performing Qasar is wajib/mandatory performing more than 2 raka‘ats for a traveller will make his prayer invalid] Towus and asy-Sya‘bi: Both are equally permissible. Al-Hasan, an-Nakha‘ie, az-Zuhriy, Qatadah and Malik: If he gets 1 raka‘at with the Imam, he prays Itmam and if lesser than that, then he performs Qasar – supported with some proofs). 
[Al-Mughnie: 3/143-144]

Asy-Syeikh al-Albaniy rahimahullah, after providing the takhriej (sources) of this hadis said:
This hadis  indicates clearly that it is (abiding by) the Sunnah for a musafir/traveller, if he is to offer his prayer (in congregation) following a muqiem (resident/local) imam, he must pray in the Itmam way and not to do Qasar and this is the very teaching of the Madzhabs of the 4 most prominent Imams of the Madzhabs and many others, in fact, al-Imam asy-Syafi‘ie narrated in al-Umm (1/159) the consensus of the scholars in this matter and al-Hafiz Ibn Hajar quoted from him in al-Fath (2/465) and he agreed to it (the ruling and consensus mentioned by asy-Syafi‘ie). This has been the practice of the Salaf, whereby Imam Malik narrated in al-Muwatta’ (1/164) on the authority of Nafi‘: Verily Ibn ‘Umar stayed in Mekkah for 10 days/nights continuously performing Qasar except when he prayed with the imam, he would pray following the Imam in performing the number of rakaahs (i.e. 4 raka‘ats)….
Having said that, he then made an elaborated refutation of Ibn Hazm’s opinion and also every narration from the Successors (at-Tabi‘ien) as quoted earlier by Ibn Qudamah giving the status of those narrations (as weak). He then commented:
Therefore, the claim of Ijma‘ (consensus of the scholars) said by al-Imam asy-Syafi‘ie in this matter is true and every opinion which opposses it are not recognised, of no value and not to be followed due to their weaknesses and they are to be understood together, in a reconciled way, with the other narrations. 

Wallahu a‘lam.

 
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