SHIA SCHOLARS

The topic of the following discussion deals with the Shi'ite view of
religious scholars. I will attempt to illuminate the differences and
similarities between Sunni and Shia.
The Shia in matters of jurisprudence and legal effort to interpret new
issues offer three alternatives to the believer:
First, IF the believer is competent and capable according to Islamic
requirements to analyze the texts, then he can exert his own judicial
effort to interpret the issue and abide by his own ruling.
Second, the concept of (Ihtiyat--Cautiousness) can be used. Ihtiyat really
means that when in doubt, do that which is not doubtful. The Prophet
(PBUH&HF) said: "Leave the one which makes you doubtful and prefer the
alternative which does not cause you to be doubtful." For example, in
performing Ihtiyat, the believer might be faced with a scenario where he is
traveling and he is not sure whether to shorten the prayer or not. He
performs Ihtiyat, and prays the prayer as usual without shortening it.
Then he prays it shortened. This way, he has fulfilled the obligation no
matter what the judicial opinion is. Keep in mind that Ihtiyat is only to
be performed when you REALLY don't know what to do.
Third, the concept of (Taqleed--Imitating or Following) would be used.
Taqleed is where a believer who is NOT qualified according to Islamic
mandates to perform Ijtihad (the EFFORT by scholars to interpret new
issues) will follow what a learned scholar issues as permissible or
prohibited. For example, I am NOT qualified to render Islamic injunctions
regarding issues that face every believer; moreover, I DO NOT possess a
HIGH level of fluency in the Arabic language such that I can interpret the
texts that deal with these issues. As such, I follow a scholar and adhere
to all that he says. The Scholar that a believer follows is a matter of
choice, not compulsion. He CANNOT be less than a Mujtahid, however. Also
it is necessary to follow a Mujtahid who is the MOST knowledgable among
others and MUST be righteous in every aspect of the definition of
righteousness, otherwise he should not be followed. These qualifications
should be investigated by the follower personally, or he/she can the opinon
of two just and trsutfull person in order to know which Mujtahid is the
most knowledgable (provided that he does not find two other just friends
who tell him/her in the contrary of the first two). As a result people may
follow different Mujtahids based on their investigations on the
qualifications of Mujtahids.
Moreover, Mujtahid HAS to be alive when you decide to follow him. You
CANNOT follow a dead scholar to BEGIN with. However, if you follow a
scholar and he dies AFTER you have already decided to follow him, you MAY
stay his follower with some conditions, but you MUST consult with the dead
scholar's Wakeel --Agent. Every Mujtahid in Shi'a has several agents in
MANY countries to address the questions of his followers. Some scholars,
however, are in the opinon that one can not continue with a dead Mujtahid.
Others say that one is allowed to continue to follow his previous Mujtahid
if nothing new comes up or if he does not forget the fatwa of the dead
Mujtahid. If you look carefully at this condition, you will see that people
have to eventually choose a live Marja' since confusing and debating issues
will come up sooner or later , and this is what Marja' for. It is important
to understand that you CANNOT BEGIN your Islamic life by following a dead
scholar, but you can remain a follower of that scholar if he dies and you
were one of his followers before his death and meet the above conditions.
The Prophet (PBUH&HF) said:
"Whosoever Allah (SWT) wishes to grant him a favorable bounty, He
(SWT) will teach him the Fiqh (Deep-Rooted Religious Knowledge) of
religion."
As such, being a scholar in religion and reaching the level of Ijtihad,
thereby earning the title of Mujtahid, is NOT an easy task, nor is it
achievable by every individual.
Now, for the Sunnis, they also acknowledge the concept of Taqleed, but they
understand it differently. For the Sunnis, Taqleed is following any ONE of
the Four Schools of thought -- Shafeea'i, Hanbali, Maliki, and Hanafi. If
you follow one of these Mujtahids, who died more than 10 centuries ago,
then you must adhere to their mandates which vary significantly in many
issues. Some Sunnis will shop around and take from here and there. The
Sunnis also believe that the differences among the four schools of law are
a mercy from Allah (SWT). Dr. Tijani narrates a story of a girl who loved
a man, but her father refused to allow the marriage for some unknown
reason. The girl, who was never married before and was 25 years of age,
ran away with the man and got married. Her father, a Maliki Sunni, took
her to court before a Qadi--Judge to arbitrate the matter. When the girl
appeared, she said: "My father wants to force me into a marriage which I do
not desire; and it is my right under the Hanafite school to choose my
husband even though I have never been married before." The Qadi agreed
with the girl and granted her her request to marry the man of her choice.
The Judge, a personal friend of Dr. Tijani, told Dr. Tijani that as the
girl's father was leaving the court, he said: "That dog has become a
Hanafite!!!" Moreover, the father has disowned his daughter as a result
of that marriage.
Now, Dr. Tijani questions where is that mercy that the Sunnis claim when
the Scholars are at different poles of an argument? We have seen, at least
in the above true story, that due to the difference of opinion between
Malik and Abu Haneefa, a daughter was disowned and insulted by her own
father!
As we have seen, the difference between the Sunnis and Shia in relation to
Taqleed is NOT that great. There are, however, a few differences:
First, while the Sunnis will allow a believer to follow a dead scholar,
ALEAST INITIALLY, the Shia will NOT.
Second, the Mujtahid in the perspective of the Shia is also a legitimate
ruler of the affairs of the Muslims. He is also a general agent of al-
Mahdi. (As I mentioned before, there is no special agent from Imam Mahdi in
this time. All Mujtahids are his general agent without being able to
contact with him.) Mujtahid also receives the shares of Zakat (The Alms)
and Khums (20% of EXCESS wealth--I have also addressed this topic in a
previous article.) from the believers and is in charge of distributing it
and doing what he feels is necessary for the Ummah's (Nation) best
interest.
Given the above, it is most apparent that a Shi'ite scholar has far more
power and influence than a regular Sunni scholar. The Sunnis have accused
the Shia, on many occasions, of elevating these scholars to the level of
spiritual leaders that have been appointed by Allah (SWT). Needless to say,
these scholars ARE NOT sinless or infallible, they are simple human beings
who have passed the tests of belief and have reached an elevated spiritual
stage of belief and learning that entitles them to be scholars who should
be followed and obeyed. It is a given fact that you will blindly follow,
for example, an individual with a Ph.D. in Computer Science at your early
stages of learning how to program a computer. Why? Because he is more
learned and experienced than you are. Is he a spiritual leader? Of course
NOT! He is simply a mentor and a person who is more qualified than you are
at this stage. As such, you surrender to him in an effort to learn from
his vast knowledge. Similarly, that's how the Shia view their scholars. We
do NOT consider them infalliables. They may make mistakes every now and
then, but surely less than us.
It should be noted that for the Shia there are TWO stages to the concept of
Taqleed or Following a scholar. The First stage was during the lives of
the Twelve Imams, which lasted for approximately 350 years after the death
of the Prophet (PBUH&HF). During these years, the believers followed the
Imams themselves. After those 350 years, there began the period of the
occultation of the final Imam, al-Mahdi (AS). It is in this period that
the Twelve Imams instructed the believers to follow the righteous scholars;
that initiated the second stage of Taqleed.
As a final note, I would like to state my PERSONAL OPINION about the
Wahabis.
The Wahabis, on the other hand, which are situated primarily in Saudi
Arabia, Qatar, and a few other places, have rejected the four schools of
thought and any Ijtihad. They claim that they follow al-Salaf al-Saleh--
(The Righteous First Group). By that they are alluding to the companions.
Their reasoning is that the companions did not need a scholar, so they too
don't need one either. However, their sect is full of shortcomings. For
example, they might make the above claims, but they don't adhere to them.
They are followers of Muhammad Ibn Abdul al-Wahab, a SO-CALLED scholar that
propagated his beliefs about 200 years ago. His motives were primarily
political, and he is NOT a scholar by ANY stretch of the imagination.
Furthermore, all their teachings are based on Ibn Taymiyah's
interpretations. Ibn Taymiyah, in turn, had based all his teachings on
those of Ibn Hanbal. Indeed, the Wahabis identify themselves as Hanbalis,
not Wahabis, among strangers (people who they don't trust yet.); but among
themselves they admit to being Wahabis. As such, no matter how we look at
it, the Wahabis are still FOLLOWERS of scholars, NOT the companions, as
they claim. What's more, the companions did not need a scholar because
they had the Prophet (PBUH&HF) himself as a teacher; why would they need a
scholar to teach them the religion when they enjoyed the company of the
Vehicle of the Message himself (PBUH&HF)?
In conclusion, you have know seen how the Shia view the reality of an ever-
changing life: they adpat to it by maintaining an open-minded approach, and
by leaving the doors of Ijtihad (the EFFORT by scholars to interpret new
issues) wide open to address new and perplexing issues that face the Ummah
(Nation). And you have seen how the Sunnis are still stuck in the 10th
century trying to implement laws and regulations that are both outdated and
obsolete. If Ijtihaad is forbidden, then why they allow it for their four
Imams, but forbid it for the previous or later generations? Why just four
schools?
It is this fact, among others, that should evoke a nerve of curiosity
within you to question: Are the Shia really Kufar, given the above? Are
they not the true followers of the Prophet Muhammad (PBUH&HF)? Does it not
make sense to leave the door of Ijtihad open? Question and reflect, and
remember that the Prophet (PBUH&HF) said: "Knowledge is a locked closet
whose key is the Question!"
Wassalam.

The Rules of Modesty
According to Five Islamic Schools of Law
By: 'Allamah Muhammad Jawad Maghniyyah
This issue is one of those from which numerous bylaws are derived,
such as those specifying the parts of one's body that must be covered
('awrah) and the parts of another person's body which it is haram to look
at, those relating to the difference between maharim (relatives through
lineage or marriage with whom marriage is prohibited) and non-maharim
persons in this regard, the difference in this regard due to sameness or
difference of sex, the difference between looking and touching and similar
rules which are discussed below.
1. Looking at One's Own Body: The schools differ concerning
covering of one's 'awrah (private parts) from one's own view and whether
it is haram for one to uncover one's 'awrah in privacy.
The Hanafis and the Hanbalis observe: In the same way that it is
not permissible for a person to expose his 'awrah in the presence of
anyone for whom it is not permissible to look at it, it is not permissible
for him to expose it when alone without necessity, as arises at the time
or bathing or answering the call of nature.
The Malikis and Shafi'is say: It is not unlawful but reprehensible
(makruh) to be bare without necessity.
The Imamis, state: It is neither haram nor makruh when no one else is
looking at.
2. Woman and Her Maharim: The schools differ concerning the parts of the
body a woman must cover in the presence of her maharim (except the
husband) and Muslim women.(6) In other words, what constitutes the 'awrah
of a woman in the presence of Muslim women as well as her maharim, both
through lineage and marriage?
The Hanafis and the Shafi'is say: It is wajib for her to cover the
area between the navel and the knees in their presence.
The Malikis and the Hanbalis observe: She must cover the area
between the navel and the knees in front of women, and in the presence of
her maharim, her whole body except the head and the arms.
Most Imamis state: It is wajib for her to cover her rear and
private parts in the presence of women and her maharim; to cover other
parts as well is better though not wajib, except where there is a fear of
sin.
3. Women and 'stranger': About the extent of the body to be covered by a
woman in the presence of a 'stranger' (any male apart from the mahrim),
the schools concur that it is wajib for her to cover her whole body except
the face and hands (up to the wrists) in accordance with the verse 31 of
Surat al-Nur:
...And reveal not their adornment save such as is outward; and let them
cast their veils over their bosoms (24:31)
considering that 'outward adornment' (al-zeenah) implies the face and
hands. The word 'al-khimar' (whose plural 'khumur' occurs in the verse)
means the veil which covers the head, not the face, and the word 'al-jayb'
(whose plural 'juyub' occurs in the verse) means the chest. The women have
been commanded to put a covering on their heads and to lower it over their
chests. As to verse 59 of Surat 'Ahzab:
'0 Prophet, say to your wives and daughters and the believing women
that they draw their veils close to them..., (33:59)
the word 'al-jilbab' (whose plural jalabib occurs in the verse) means a
veil covering the head; rather it is a shirt or garment.
4. Man's 'Awrah: The schools differ concerning the parts of man's body
which it is haram for others to see and for him to expose. The hanafis and
the Hanbalis state: It is wajib for a male to cover the area between the
navel and the knees before all except his wife. It is permissible for
others, irrespective of their being men or women maharim or strangers, to
look at the rest of his body when there is no fear of sin.
The Malikis and the Shafi'is say: There are two different
situations for a male with respect to the extent he can expose his body:
the first, in the presence of men or those women who are his maharim; the
second, in the presence of women who are not his maharim. In the former
instance he is only supposed to cover the area between the waist and the
knees, while in the latter it is, haram for a woman stranger to look at any
part of a man's body. Though the Malikis exclude the face and the arms if
looked at without any sensual motive, the Shafi'is do not permit any
exception (al-Fiqh 'ala al-madhahib al'arba'ah, vol. mabhath satr
al-'awrah).
The Imamis differentiate between the parts of other person body
which can be looked at and those parts of one's own body which ought to be
covered. They observe: It is wajib for a male to cover only his rear and
private parts, though it is wajib for women who are not his maharim to
abstain from looking at any part of his body except his head and hands (up
to the wrist). To summarize the Imami opinion, it is permissible for a
male to view the body of other men and his female maharim except the rear
and private parts provided no sensual motive is involved. Similarly, a
woman can view the body of other woman and her male maharim excepting the
rear and private parts provided no sensual motive is involved.
5. Children: Concerning the body of a child, the Hanbalis say: It is not
prohibited to touch or look at the body of a child below seven years. It
is not permissible to look at the rear and private parts of a male child
between the age of 7 to 9 years, and for 'strangers' the whole body of a
female child above the age of seven.
The Hanafis observe: No part of the body of a boy of four years
and below is prohibited from being looked at. Above this age only his rear
and private parts are prohibited from being looked at as long as sexual
desire has not awakened in him. If he reaches the age of sexual desire,
the rule applicable to adults will be applicable to him with respect to
both the sexes.
The Malikis state: It is permissible for a woman to look at and
touch the body of a boy below the age of eight years, and only look at it
till the age of twelve. A boy above the age of twelve is considered
similar to an adult. It is permissible for a man to look at and touch the
body of girl below two years and eight months, and to look at, though not
touch, till she reaches the age of four years.
According to the Shafi'is, the rules applicable to an adult apply
to an adolescent male child. But if a child is below that age and is also
incapable of describing what he sees, all parts of his body can be looked
at. But if he can describe what he sees with a sexual interest, he will be
considered similar to an adult. As to a girl below the age of adolescence,
only if she has developed sexual appeal will she be considered similar to
a full-grown woman, not otherwise, though it will be haram for anyone
except someone who looks after her to look at her parts.
The Imamiyyah observe: It is wajib to cover one's 'awrah in
front of a child of discriminating age, who can describe what he sees,
though it is not wajib before the one who is incapable of doing so.
That was regarding the covering of the body in the presence
of a child, but with respect to looking at a child's 'awrah,
al-Shaykh Ja'far in his book Kashf al-ghita' states: It is not unwise to
abstain from looking at the parts of a child below five years, though it
is absolutely impermissible to look at them with a sexual interest.
From what I have been able to ascertain from the traditions of the
Ahlul Bayt, the age limit for the permissibility of looking at the
child's 'awrah is six years, not five.
6. Woman's Voice: All the schools concur that listening to the voice of a
woman is not prohibited, except where pleasure is involved or when there is
a fear of sin. The (Imami) author of al-Jawahir, at the beginning of the
chapter on marriage, has mentioned as his proof the continuing practice of
Muslims belonging to different periods and regions, the sermons of Fatimah
(AS) and her daughters, the innumerable instances of conversations of the
wives of the Prophet (PBUH) and the Imams, and also the holding of mourning
and wedding ceremonies by women in the presence of men from early times,
the conversations between opposite sexes while conducting transactions, as
well as the Qur'anic verse (Be not complaisant (attractive) with your
speech, 33:32), in which not speech itself but its complaisant manner has
been prohibited.
8. The difference Between Looking and Touching: Every part that is
permissible to touch, may be looked at, and every part that is haram to be
looked at may not be touched. Here there is a general consent among the
schools because touching involves greater pleasure than looking, and no
leggiest of any school claims concomitance between the permissibility of
looking and the permissibility of touching. Hence though it is permissible
for a man to look at a female stranger's face or bands, it is not
permissible for him to touch her except in an emergency such as for
medical treatment or for rescuing her from drowning. The following
tradition has been narrated from al-'Imam al-Sadiq (AS) (Al-'Imam al-Sadiq
[A] was asked:) "Can a man shake hands with a woman who is not his
mahrim?" The Imam (A) replied: "No, unless there is cloth in between.."
The Hanafis exclude shaking hands with an old woman from
prohibition. In the book of Ibn 'Abidin (v1, p284) it is stated: It
is not permissible to touch the hands or face of a young woman even with
the assurance of absence of any sexual motive. As to an old woman who has
no sexual appeal, there is nothing wrong in shaking hands with her with
the assurance of absence of a sexual motive.
The Imamis and the Hanafis allow touching the body mahrim provided
no sexual motive or pleasure is involved.
The Shafi'is prohibit touching even those parts of a mahram's body which
it is permissible to look at. It is even not permissible in their opinion
for a person to touch the belly or back of his mother, pinch her ankles
or beet or kiss her face. Similarly, it is not permissible for a person
to ask his daughter or sister to press his legs.
9. The Difference Between Exposing and Looking at: The Imamis observe:
There is no concomitance between the permissibility of exposing the body
and the permissibility of looking at it. Hence it is permissible in their
opinion for a man to expose the whole of his body except his rear and
private parts, while it is not permissible for a non-mahram woman to look
at it. I have not found anyone expressing this opinion in the numerous
books of the four Sunni schools.
10. Old Women: God Almighty says in the Qur'an: "And such women as are
past child-bearing and have no hope of marriage, it is no sin for them if
they put off their clothes, so be it that they flaunt no ornament; but to
abstain is better for them, and God is All-hearing, All- knowing." (24:60)
This noble verse indicates that it is permissible for old women
who have no desire for marriage due to their old age "to expose their face
and a part of their hair and arms, and such other parts which aged women
usually keep exposed. The traditions of the Ahlul Bayt (AS) also point to
the same, on condition that such exposure is not with the intent of
display. Rather, it is to allow them to come out for fulfilling their
needs, though it is better for them to keep themselves covered."(7)
This permission is with the assumption that it is not permissible
to expose any of the above-mentioned parts of the body if there is fear of
its leading to something haram, because a woman, regardless of her elderly
age, may remain sexually attractive. Therefore, if there is any likelihood
of that kind, the rule applicable to her will be the rule applicable to
young women.
Islam is lenient with respect to elderly women and strict regarding
young women. But in practice we observe the opposite of what the
Qur'an has ordered. We see shamelessness and display of charms among
some young women, while elderly women keep themselves covered and are
reserved. So where God is strict, they are lenient, and where
He is lenient, they are strict.
The Numbers that follow some of the words
refer to notes that will appended in the coming issues in shaa Allah.

Fasting,
According to Five Islamic Schools of Law
(Part I)
By: 'Allamah Muhammad Jawad Maghniyyah
Translated from the Arabic by Mujahid Husayn
Fasting in the month of Ramadan is one of the 'pillars' of the
Islamic faith. No proof is required to establish its being obligatory
(wajib) and one denying it goes out of the fold of Islam, because it is
obvious like salat, and in respect of anything so evidently established
both the learned and the unlettered, the elderly and the young, all stand
on an equal footing.
It was declared an obligatory duty (fard ) in the second year of
the Hijrah upon each and every mukallaf (one capable of carrying out
religious duties, i.e. a sane adult) and breaking it (iftar) is not
permissible except for any of the following reasons:
1. Hayd and nifas: The schools concur that fasting is not valid
for women during menstruation and puerperal bleeding.
2. Illness: The schools differ here. The Imamis observe: Fasting
is not valid if it would cause illness or aggravate it, or intensify the
pain, or delay recovery, because illness entails harm (darar) and causing
harm is prohibited (muharram). Moreover, a prohibition concerning an
'ibadah (a rite of worship) invalidates it. Hence if a person fasts in
such a condition, his fast is not valid (sahih). A predominant likelihood
of its resulting in illness or its aggravation is sufficient for
refraining from fasting. As to excessive weakness, it is not a
justification for iftar as long as it is generally bearable. Hence the
extenuating cause is illness, not weakness, emaciation or strain, because
every duty involves hard- ship and discomfort.
The four Sunni schools state: If one who is fasting (sa'im) falls
ill, or fears the aggravation of his illness, or delay in recovery, he has
the option to fast or refrain. Iftar is not incumbent upon him; it is a
relaxation and not an obligation in this situation. But where there is
likelihood of death or loss of any of the senses, iftar is obligatory for
him and his fasting is not valid.
3. A woman in the final stage of pregnancy and nursing mothers.
The four schools say: If a pregnant or nursing woman fears harm
for her own health or that of her child, her fasting is valid though it is
permissible for her to refrain from fasting. If she opts for iftar, the
schools concur that she is bound to perform its qada' later. They differ
regarding its substitute (fidyah) and atonement (kaffarah). In this regard
the Hanafis observe: It is not at all wajib. The Malikis are of the
opinion that it is wajib for a nursing woman, not for a pregnant one. The
Hanbalis and the Shafi'is say: Fidyah is wajib upon a pregnant and a
nursing woman only if they fear danger for the child; but if they fear
harm for their own health as well as that of the child, they are bound to
perform the qada' only without being required to give fidyah. the fidyah
for each day is one mudd, which amounts to feeding one needy person
(miskeen).1
The Imamis state: If a pregnant woman nearing childbirth or the
child of a nursing mother may suffer harm, both of them ought to break
their fast and it is not valid for them to continue fasting due to the
impermissibility of harm. They concur that both are to perform the qada'
as well as give fidyah, equaling one mudd, if the harm is feared for the
child. But if the harm is feared only for her own person, some among them
observe: She is bound to perform qada' but not to give fidyah, others say:
She is bound to perform qada' and give fidyah as well.
4. Travel, provided the conditions necessary for salat al-qasr, as
mentioned earlier, are fulfilled as per the opinion of each school. The
four Sunni schools add a further condition to these, which is that the
journey should commence before dawn and the traveler should have reached
the point from where salat becomes qasr before dawn. Hence if he commences
the journey after the setting in of dawn, it is haram for him to break the
fast, and if he breaks it, its qada' will be wajib upon him without a
kaffarah. The Shafi'is add another condition, which is that the traveler
should not be one who generally travels continuously, such as a driver.
Thus if he travels habitually, he is not entitled to break the fast. In
the opinion of the four Sunni schools, breaking the fast is optional and
not compulsory. Therefore, a traveler who fulfills all the conditions has
the option of fasting or iftar. This is despite the observation of the
Hanafis that performing salat as qasr during journey is compulsory and not
Optional.
The Imamis say: If the conditions required for praying qasr are
fulfilled for a traveler, his fast is not acceptable. Therefore, if he
fasts, he will have to perform the qada' without being liable to kaffarah.
This is if he starts his journey before midday, but if he starts it at
midday or later, he will keep his fast and in the event of his breaking it
will be liable to the kaffarah of one who deliberately breaks his fast.
And if a traveler reaches his hometown, or a place where he intends to
stay for at least ten days, before midday without performing any act that
breaks the fast, it is wajib upon him to continue fasting, and in the
event of his breaking it he will be like one who deliberately breaks his
fast.
5. There is consensus among all the schools that one suffering
from a malady of acute thirst can break his fast, and if he can carry out
its qada' later, it will be wajib upon him without any kaffarah, in the
opinion of the four schools. In the opinion of the Imamis, he should give
a mudd by way of kaffarah. The schools differ in regard to acute hunger,
as to whether it is one of the causes permitting iftar, like thirst. The
four schools say: Hunger and thirst are similar and both make iftar
permissible. The Imamis state: Hunger is not a cause permitting iftar
except where it is expected to cause illness.
6. Old people, men and women, in late years of life for whom
fasting is harmful and difficult, can break their fast, but are required
to give fidyah by feeding a miskeen for each fast day omitted: similarly a
sick person who does not hope to recover during the whole year. The
schools concur upon this rule except the Hanbalis, who say: Fidyah is
mustahabb and not wajib.
7. The Imamis state: Fasting is not wajib upon one in a swoon,
even if it occurs only for a part of the day, unless where he has formed
the niyyah of fasting before it and recovers subsequently, whereat he will
continue his fast.
Disappearance of the Excuse:
If the excuse permitting iftar ceases such as on recovery of a
sick person, maturing of a child, homecoming of a traveler, or termination
of the menses --it is mustahabb in the view of the Imamis and the Shafi'is
to refrain (imsak) from things that break the fast (muftirat) as a token
of respect. The Hanbalis and the Hanafis consider imsak as wajib, but
Malikis consider it neither wajib nor mustahabb.
Conditions (Shurut) of Fasting:
As mentioned earlier, fasting in the month of Ramadan is wajib for
each and every mukallaf. Every sane adult (al-baligh al-'aqil) is
considered mukallaf. Hence fasting is neither wajib upon an insane person
in the state of insanity nor is it valid if he observes it. As to a child,
it is not wajib upon him, though valid if observed by a mumayyiz. Also
essential for the validity of the fast are Islam and niyyah (intention).
Therefore, as per consensus, neither the fast of a non-Muslim nor the
imsak of one who has not formed the niyyah is acceptable. This is apart
from the afore-mentioned conditions of freedom from menses, puerperal
bleeding, illness and travel.
As to a person in an intoxicated or unconscious state, the
Shafi'is observe: His fast is not valid if he is not in his senses for the
whole period of the fast. But if he is in his senses for a part of this
period, his fast is valid, although the unconscious person is liable to
its qada', whatever the circumstances, irrespective of whether his
unconsciousness is self-induced or forced upon him. But the qada' is not
wajib upon an intoxicated person unless he is personally responsible for
his state. The Malikis state: The fast is not valid if the state of
unconsciousness or intoxication persists for the whole or most of the day
from dawn to sunset. But if it covers a half of the day or less and he was
in possession of his senses at the time of making niyyah and did make it,
becoming unconscious or intoxicated later, qada' is not wajib upon him.
The time of making niyyah for the fast in their opinion extends from
sunset to dawn.
According to the Hanafis, an unconscious person is exactly like an
insane one in this respect, and their opinion regarding the latter is that
if the insanity lasts through the whole month of Ramadan, qada' is not
wajib upon him, and if it coves half of the month, he will fast for the
remaining half and perform the qada' of the fasts missed due to insanity.
The Hanbalis observe: Qada' is wajib upon a person in a state of
unconsciousness as well as one in a state of intoxication, irrespective of
whether these states are self-induced or forced upon them. In the opinion
of the Imamis, qada' is only wajib upon a person in an intoxicated state,
irrespective of its being self-induced or otherwise; it is not wajib
upon an unconscious person even if his loss of consciousness is brief.
Muftirat:
The muftirat are those things from which it is obligatory to
refrain during the fast, from dawn to sunset. They are:
1. Eating and drinking (shurb) deliberately. Both invalidate the
fast and necessitate qada' in the opinion of all the schools, though they
differ as to whether kaffarah is also wajib. The Hanafis and the Imamis
require it, but not the Shafi'is and the Hanbalis. A person who eats and
drinks by an oversight is neither liable to qada' nor kaffarah, except in
the opinion of the Malikis, who only require its qada'. Included in shurb
[ drinking] is inhaling tobacco (smoking)
2. Sexual intercourse, when deliberate, invalidates the fast and
makes one liable to qada' and kaffarah, in the opinion of all the schools.
The kaffarah is the manumission of a slave, and if that is not possible,
fasting for two consecutive months; if even that is not possible, feeding
sixty poor persons. The Imamis and the Malikis allow an option between any
one of these; i.e. a mukallaf may choose between freeing a slave, fasting
or feeding the poor. The Shafi'is, Hanbalis and Hanafis impose kaffarah in
the above-mentioned order; i.e. releasing a slave is specifically wajib,
and in the event of incapacity fasting becomes wajib. If that too is not
possible, giving food to the poor becomes wajib.
The lmamis state: All the three kaffarahs become wajib together if
the act breaking the fast (muftir) is itself haram, such as eating any-
thing usurped (maghsub), drinking wine, or fornicating. As to sexual
intercourse by oversight, it does not invalidate the fast in the opinion
of the Hanafis, Shafi's and Imamis, but it does according to the Hanbalis
and the Malikis.
3. Seminal emission (masturbation; al-'istimna'): There is
consensus that it invalidates the fast if caused deliberately. The Hanbalis
say: If madhy is discharged due to repeated sensual glances and the like
the fast will become invalid. The four schools say: Seminal emission will
necessitate qada' without kaffarah. The Imamis observe: It requires both
qada ' and kaffarah.
4. Vomiting: It invalidates the fast if deliberate, and in the
opinion of the Imamis, Shafi'is and Malikis, also necessitates qada'. The
Hanafis state: Deliberate vomiting does not break the fast unless the
quantity vomited fills the mouth. Two views have been narrated from Imam
Ahmad. The schools concur that involuntary vomiting does not invalidate
the fast.
5. Cupping (hijamah) is muftir only in the opinion of the
Hanbalis, who observe: The cupper and his patient both break the fast.
6. Injection (of vitamines or other nutritions) invalidates the
fast and requires qada' in the opinion of all the schools. Imami legists
observe: It also requires kaffarah if taken without an emergency.
7. Inhaling a dense cloud of suspended dust invalidates the fast
only in the opinion of the Imamis. They say: If a dense suspended dust,
such as flour or something of the kind, enters the body the fast is
rendered invalid, because it is something more substantial than an
injection or tobacco smoke which are also invalidating.
8. Application of kohl invalidates the fast only in the opinion of
the Malikis, provided it is applied during the day and its taste is felt
in the throat.
9. The intention to discontinue the fast: If a person intends to
discontinue his fast and then refrains from doing so, his fast is
considered invalid in the opinion of the lmamis and Hanbalis; not so in
the opinion of the other schools.
10. Most Imamis state: Fully submerging the head, alone or
together with other parts of the body, under water invalidates the fast
and necessitates both qada' and kaffarah. The other schools consider it
inconsequential.
11. The Imamis observe: A person who deliberately remains in the
state of janabah after the dawn during the month of Ramadan, his fast will
be invalid and its qada' as well as kaffarah will be wajib upon him. The
remaining schools state- His fast remains valid and he is not liable to
anything.
12. The Imamis observe: A person who deliberately ascribes some-
thing falsely to God or the Messenger (S) (i.e. if he speaks or writes
that God or the Messenger said so and so or ordered such and such a thing
while he is aware that it is not true), his fast will be invalid and he
will be liable to its qada' as well as a kaffarah. A group of Imami
legists go further by requiring of such a fabricator the kaffarah of
freeing a slave, fasting for two months, and feeding sixty poor persons.
This shows the ignorance or malice of those who say that the Imamis
consider it permissible to forge lies against God and His Messenger (S).

Fasting,According to Five Islamic Schools of Law
(Part II)
By: 'Allamah Muhammad Jawad Maghniyyah
The Various Kinds of Fasts:
The legists of various schools classify fasts into four
categories: Wajib, mustahabb (supererogatory), muharram (forbidden),
and makruh (reprehensible).
Obligatory fasts:
All the schools concur that the wajib fasts are those of the month
of Ramadan, their qada', the expiatory fasts performed as kaffarah, and
those performed for fulfilling a vow. The Imamis add further two, related
to the Hajj and i'tikaf. We have already dealt in some detail with the
fast of Ramadan, its conditions and the things that invalidate it. Here we
intend to discuss its qada' and the kaffarah to which one who breaks it
becomes liable. Other types of obligatory fasts have been discussed under
the related chapters.
Qada' of the Ramadan Fasts:
1. The schools concur that a person liable to the qada' of Ramadan
fasts is bound to perform it during the same year in which the fasts were
missed by him, i.e. the period between the past and the forth- coming
Ramadan. He is free to choose the days he intends to fast, excepting those
days on which fasting is prohibited (their discussion will soon follow).
However it is wajib upon him to immediately begin their qada' if the days
remaining for the next Ramadan are equal to the number of fasts missed in
the earlier Ramadan.
2. If one capable of performing the qada' during the year
neglects it until the next Ramadan, he should fast during the current
Ramadan and then perform the qada' of the past year and also give a
kaffarah of one mudd (1) for each day in the opinion of all the schools
except the hanafi which requires him to perform only the qada' without any
kaffarah. And if he is unable to perform the qada' such as when his
illness continues throughout the period between the first and the second
Ramadan -he is neither required to perform its qada' nor required to give
kaffarah in the opinion of the four schools, while the Imamis say: He will
not be liable to qada' but is bound to give a mudd as kaffarah for each
fast day missed.
3. If one is capable of performing the qada' during the year but
delays it with the intention of performing it just before the second
Ramadan, so that the qada' fasts are immediately followed by the next
Ramadan, and then a legitimate excuse prevents him from performing the
qada' before the arrival of Ramadan, in such a situation he will be liable
only to qada' not to kaffarah.
4. One who breaks a Ramadan fast due to an excuse, and is capable
of later performing its qada' but fails to perform the qada' during his
lifetime, the Imamis observe: It is wajib upon his eldest child to perform
the qada' on his behalf. The Hanafis, Shafi'is, and Hanbalis state: A
sadaqah of a mudd for each fast missed will be given on his behalf.
According to the Malikis, his legal guardian (wali) will give sadaqah on
his behalf if he has so provided in the will: in the absence of a will it
is not wajib.
5. In the opinion of the four schools, a person performing the
qada' of Ramadan can change his intention and break the fast both before
and after midday without being liable to any kaffarah provided there is
time for him to perform the qada' later.
The Imamis observe: It is permissible for him to break this fast
before midday and not later, because continuation of the fast become
compulsory after the passing of the major part of its duration and the
time of altering the niyyah also expires. Hence if he acts contrarily and
breaks the fast after midday, he is liable to kaffarah by giving food to
ten poor persons; if he is incapable of doing that, he will fast for three
days
Fasts of Atonement (kaffarah):
The fasts of atonement are of various kinds. Among them are
atonement fasts for involuntary homicide, fasts for atonement of a broken
oath or vow, and atonement fasts for zihar. These atonement fasts have
their own rules which are discussed in the related chapters. Here we shall
discuss the rules applicable to a person fasting by way of kaffarah for
not having observed the fast of Ramadan. The Shafi'is, Malikis and Hanafis
say: It is not permissible for a person upon whom fasting for two
consecutive months has become wajib consequent to deliberately breaking a
Ramadan fast to miss even a single fast during these two months, because
that would break their continuity. Hence, on his missing a fast, with or
without an excuse, he should fast anew for two months.
The Hanbalis observe: If he misses a fast due to a legitimate
excuse, the continuity is not broken.
The Imamis state: It is sufficient for the materialization of
continuity that he fast for a full month and then a day of the next month.
After that he can skip days and then continue from where he had left. But
if he misses a fast during the first month without any excuse, he is bound
to start anew; but if it is due to a lawful excuse, such as illness or
menstruation, the continuity is not broken and he/she will wait till the
excuse is removed and then resume the fasts. The Imamis further observe:
One who is unable to fast for two months, or release a slave or feed sixty
poor persons, has the option either to fast for 18 days or give whatever
he can as sadaqah. If even this is not possible, he may give alms or fast
to any extent possible. If none of these are possible, he should seek
forgiveness from God Almighty .
The Shafi'is, Malikis and Hanafis state: If a person is unable to
offer any form of kaffarah, he will remain liable for it until he comes to
possess the capacity to offer it, and this is what the rules of the
Shari'ah require .
The Hanbalis are of the opinion that if he is unable to give
kaffarah, his liability for the same disappears, and even in the event of
his becoming capable of it later, he will not be liable to anything. The
schools concur that the number of kaffarahs will be equal to the number of
causes entailing it. Hence a person who breaks two fasts will have to give
two kaffarahs. But if he eats, drinks or has sexual intercourse several
times in a single day, the Hanafis, Malikis and Shafi'is observe: The
number of kaffarahs will not increase if iftar occurs several times,
irrespective of its manner. The Hanbalis state: If in a single day there
occur several violations entailing kaffarah, if the person gives kaffarah
for the first violation of the fast before the perpetration of the second,
he should offer kaffarah for the latter violation as well, but if he has
not given kaffarah for the first violation before committing the second, a
single kaffarah suffices. According to the Imamis, if sexual intercourse
is repeated a number of times in a single day, the number of kaffarahs
will also increase proportionately, but if a person eats or drinks a
number of times in a single day, one kaffara will suffice.
Prohibited Fasts:
All the schools except the Hanafi concur that fasting on the days
of 'Id al-Fitr and 'Id al-'Adha is prohibited (haram). The Hanafis
observe: Fasting on these two 'Ids is makruh to the extent of being haram
The Imamis say: Fasting on the days of Tashriq is prohibited only
for those who are at Mina. The days of Tashriq are the eleventh, twelfth
and thirteenth of Dhu al-Hijjah.
The Shafi'is are of the opinion that fasting is not valid on the
days of Tashriq both for those performing Hajj as well as others.
According to the Hanbalis, it is haram to fast on these days for those who
do
not perform Hajj, not for those performing it. The Hanafis observe: Fasting
on these days is makruh to the extent of being haram.
The Malikis state: It is haram to fast on the eleventh and the
twelfth of Dhu al-Hujah for those who do not perform Hajj, not for those
performing it.
All the schools excepting the Hanafi concur that it is not valid
for a woman to observe a supererogatory fast without her husband's consent
if her fast interferes with the fulfillment of any of his rights. The
Hanafis observe: A woman's fasting without the permission of her husband
is makruh, not haram.
The Doubtful Days:
There is consensus among the schools that imsak is obligatory upon
one who does not fast on a "doubtful day" ( yawm al-shakk) that later
turns out to be a day of Ramadan, and he is liable to qada' later.
Where one fasts on a doubtful day that is later known to have been
a day of Ramadan, they differ as to whether it suffices without requiring
qada'.
The Shafi'i, Maliki and Hanbali schools observe: This fast will
not suffice and its qada' is wajib upon him. In the opinion of the
Hanafis, it suffices and does not require qada '.
Most Imamis state: Its qada' is not wajib upon him, except when he
had fasted with the niyyah of Ramadan.
Supererogatory Fasts:
Fasting is considered mustahabb on all the days of the year except
those on which it has been prohibited. But there are days whose fast has
been specifically stressed and they include three days of each month,
preferably the 'moonlit' days (al-'ayyam al-bid), which are the
thirteenth, fourteenth and fifteenth of each lunar month. Among them is
the day of 'Arafah (9th of Dhu al-Hijjah) Also emphasized are the fasts of
the months of Rajab and Sha'ban. Fasting on Mondays and Thursdays has also
been emphasized. There are other days as well which have been mentioned in
elaborate works. There is consensus among all the schools that fasting on
these days is mustahab.
Reprehensible (Makruh) Fasts:
It is mentioned in al-Fiqh 'ala al-madhahib al-'arba'ah that it is
makruh to single out Fridays and Saturdays for fasting. So is fasting on
the day of Now Ruz (21st March) in the opinion of all the schools except
the Shafi'i, and fasting on the day or the two days just before the month
of Ramadan.
It has been stated in Imami books on fiqh that it is makruh for a
guest to fast without the permission of his host, for a child to fast
without the permission of its father, and when there is doubt regarding
the new moon of Dhu al-Hijjah and the consequent possibility of the day
being that of 'Id.
Evidence of the New Moon:
There is a general consensus among Muslims that a person who has
seen the new moon is himself bound to act in accordance with his
knowledge, whether it is the new moon of Ramadan or Shawwal. Hence it is
wajib upon one who has seen the former to fast even if all other people
don't (2), and to refrain from fasting on seeing the latter even if
everyone
else on the earth is fasting, irrespective of whether the observer is
'adil or not, man or woman. The schools differ regarding the following
issues:
1. The Hanbalis, Malikis and Hanafis state: If the sighting
(ru'yah) of the new moon has been confirmed in a particular region, the
people of all other regions are bound by it regardless of the distance
between them; the difference of the horizon of the new moon is of no
consequence.
The Imamis and the Shafi'is observe: If the people of a particular
place see the new moon while those at another place don't, in the event of
these two places being closeby with respect to the horizon, the latter's
duty will be the same; but not if their horizons differ.
2. If the new moon is seen during day, either before or after mid-
day, on 30th Sha'ban, will it be reckoned the last day of Sha'ban (in
which case, fasting on it will not be wajib) or the first of Ramadan (in
which case fasting is wajib)? Similarly, if the new moon is seen during
the day on the 30th of Ramadan, will it be reckoned a day of Ramadan or
that of Shawwal? In other words, will the day on which the new moon is
observed be reckoned as belonging to the past or to the forth- coming
month?
The Imamis, Shafi'is, Malikis and Hanafis observe: It belongs to
the past month and not to the forthcoming one. Accordingly, it is wajib to
fast on the next day if the new moon is seen at the end of Sha'ban, and to
refrain from fasting the next day if it is seen at the end of Ramadan.
3. The schools concur that the new moon is confirmed if sighted,
as observed in this tradition of the Prophet (S) ('Fast on seeing the new
moon and stop fasting on seeing it'). They differ regarding the other
methods of confirming it. The Imamis observe: It is confirmed for both
Ramadan and Shawwal by tawatur (i.e. the testimony of a sufficiently large
number of people whose conspiring over a false claim is impossible), and
by the testimony of two just men, irrespective of whether the sky is
clear or cloudy and regardless of whether they belong to the same or two
different nearby towns, provided their descriptions of the new moon are
not contradictory. The evidence of children, fasiq men and those of
unknown character is not acceptable.
The Hanafis differentiate between the new moons of Ramadan and
Shawwal; they state: The new moon of Ramadan is confirmed by the testimony
of a single man and a single woman, provided they are Muslim, sane and
'adil (just). The Shawwal new moon is not confirmed except by the testimony
of two men or a man and two women. This is when the sky is not clear. But
if the sky is clear -and there is no difference in this respect between the
new moon of Ramadan and Shawwal -it is not confirmed except by the
testimony of a considerable number of persons whose reports result in
certainty. In the opinion of the Shafi'is, the new moon of Ramadan and
Shawwal is confirmed by the testimony of a single witness provided he is
Muslim, sane, and 'adil. The sky's being clear or cloudy makes no
difference in this regard.
According to the Malikis, the new moon of Ramadan and Shawwal is
not confirmed except by the testimony of two 'adil men, irrespective of
the sky's being cloudy or cloudless. The Hanbalis say: The new moon of
Ramadan is confirmed by the testimony of an 'adil man or woman, while that
of Shawwal is only confirmed by the testimony of two 'adil men.
4. There is consensus among the schools, excepting the Hanafi,
that if no one claims to have seen the new moon of Ramadan, fasting will
be wajib after the thirtieth day allowing thirty days for Sha'ban.
According to the Hanafis, fasting becomes wajib after the twenty-
ninth day of Sha'ban.
This was with respect to the new moon of Ramadan. As to the new
moon of Shawwal, the Hanafis and the Malikis observe: If the sky is
cloudy, thirty days of Ramadan will be completed and iftar will be wajib
on the following day. But if the sky is clear, it is wajib to fast on the
day following the thirtieth day by rejecting the earlier testimony of
witnesses confirming the first of Ramadan regardless of their number.
The Shafi'is consider iftar as wajib after thirty days even if the
setting in of Ramadan was confirmed by the evidence of a single witness,
irrespective of the sky's having been cloudy or clear.
According to the Hanbalis, if the setting in of Ramadan was con-
firmed by the testimony of two 'adil men, iftar following the thirtieth
day is wajib, and if it was confirmed by the evidence of a single 'adl, it
is wajib to fast on the thirty-first day as well. In the opinion of the
Imamis, both Ramadan and Shawwal are confirmed after the completion of
thirty days regardless of the sky's being cloudy or clear, provided their
beginning was confirmed in a manner approved by the Shari'ah.
FOOTNOTES:
(1) Approximately 800 grams of wheat or something similar to it.
(2) But the Hanafis observe: If he testifies before a qadi who rejects his
testimony, it is wajib upon him to perform its qada' without liability to
kaffarah (al-Fiqh 'ala al-madhahib al-'arba'ah).

Call for Prayer
According to Five Islamic Schools of Law
By: 'Allamah Muhammad Jawad Maghniyyah
Call for Prayer (Adhan):
Adhan literally means 'announcement', and in the Shari'ah it means the
announcement made in specific words at the time of salat. It was
introduced in the first year of the Hijrah at Madinah. The cause of its
introduction, in the opinion of the Imamis, was that Gabriel came down
with the adhan in a message from God to the Prophet (S). The Sunnis say
that 'Abd Allah ibn Zayd saw a dream in which he was taught the adhan by
someone. When he related his dream to the Prophet (S), he approved it.
Adhan is a Sunnah of Prophet(S):
The Hanafis, Shafi'is and Imamis say: Adhan is a sunnah which has
been emphatically recommended (mu'akkadah).
The Hanbalis observe: It is a wajib kifa'i for non-traveling men in
villages and towns to make the adhan for the five daily prayers.
The Malikis state: It is a wajib kifa'i in towns where the Friday
prayer is held, and if the people of such a place abandon adhan they will
be fought on that account. Adhan is invalid in Certain Cases.
The Hanbalis observe: It is not valid to make adhan for a funeral
prayer (salatal-janazah) or for a supererogatory prayer (al-salat al
nafilah) or for one performed to fulfill a vow (al-salat al-mandhurah).
The Malikis say: It is not valid for a supererogatory or funeral
prayer or for an obligatory daily prayer performed after the lapsing of
its time (al-salat al- fa'itah).
The Hanafis state: It is not valid for the prayers performed on the
two celebrations ('idayn), for the prayer performed on the occurrence of an
eclipse (salat al- kusuf), for prayers made for rain (istisqa'), and for
tarawth and sunnah prayers.
The Shafi'is do not consider it valid for janazah, mandhurah and
nawafil prayers.
The Imamis observe: The Shari'ah has introduced adhan only for the
five daily salats, and it is mustahabb for them, whether performed as ada'
or qada', with a group (jama'ah) or singly (furada), during journey or
stay, both for men and women. It is not valid for any other salat,
mustahabb or wajib, and the Performer (mu'adhdhin) will just call out
"al-salat" three times on occasions of salat al-kusuf and 'Idayn.
The Conditions for Adhan:
The schools concur that the conditions for the validity of adhan are:
maintaining continuity of its recital and the sequence of its different
parts, and that the mu'adhdhin be a sane Muslim man. Adhan by a child of
discerning age is valid. All the schools concur that Taharah is not
required for adhan.
The schools differ regarding other aspects. The Hanafis and the
Shafi'is say: Adhan is valid even without niyyah. The other schools
require niyyah.
The Hanbalis consider making adhan in any language other than Arabic
as being unconditionally valid.
The Malikis, Hanafis and Shafi'is state: It is not valid for an Arab
to make adhan in any other language, though it is valid for a non Arab to
make it in his own tongue, for himself and his co-linguals.
The Imamis observe: Adhan is not valid before the arrival of the
time of salat except in the case of salat al-fajr. The Shafi'is, Malikis,
Hanbalis and many Imamis permit the making of the adhan of announcement
before the dawn. The Hanafis do not permit it, making no difference
between salat al-fajr and other salats. This opinion is closer to
caution.
The Form of Adhan:
The following is the form of adhan:
Allahu akbar -- four times according to all the schools and twice according
to the Malikis.
Ashhadu an la ilaha illallah -- twice according to all the schools.
Ashhadu anna Muhammadan rasul Allah - twice according to all the schools.
[ It is Mustahabb (recommended) to also say at this point:
Ashhadu anna Aliyyan wali Allah - twice according Imamis only.
It means I bear witness that Ali is protected by Allah (from any evil)]
Hayya 'ala al-salat -- twice according to all the schools.
Hayya'ala al- falah -- twice according to all the schools.
Hayyah 'ala khayril-'amal -- twice according to the Imamis only.
Allahu akbar twice according to all the schools.
La ilaha illallah -- once according to the four schools and twice according
to the Imamis. The Malikis and Shafi'is permit repetition of the last line,
considering it sunnah; that is the adhan, according to them, is not invalid
if it is recited only once, as the Imamis hold.
The author of al-Fiqh 'ala al- madhahib al-'arba'ah mentions a consensus
among the four Sunni schools regarding 'al-tathwib' being mustahabb.
'Al-tathwib means reciting the words "al-salatu khayrun min al-nawm",
('Salat is better than sleep') twice after "hayya 'ala al-falah ".
The Imamis prohibit it.(9)
Iqamah (A call immediately before prayer):
For both men and women it is mustahabb to recite iqamah before every
daily obligatory salat, with the salat immediately following it. The rules
applicable to adhan, such as continuity, sequence, its being in Arabic,
etc., apply to iqamah as well. Its form is as follows: Allahu akbar--
twice according to all the schools except the Hanafis who require it four
times. Ashhadu an la ilaha illallah -- once according to the Shafi'is,
Malikis and Hanbalis and twice according to the Hanafis and Imamis. Ashhadu
anna Muhammadan Rasulullah -- once in the opinion of the Shafi'is, Malikis
and Hanbalis, and twice according to the Hanafis and Imamis. Hayya 'ala as-
salat -- once in the opinion of the Shafi'is, Malikis and Hanbalis, and
twice according to the Hanafis and Imamis. Hayya 'ala al-falah -- once in
the opinion of the Shafi'is, Malikis and Hanbalis, and twice according to
the Hanafis and Imamis. Hayya'ala khayr il-'amal -- twice only according to
the Imamis. Qad qamat is-salat -- twice in the opinion of all schools,
except The Malikis who recite it once. Allahu akbar -- twice in the opinion
of all the schools. La ilaha illallah -- once in the opinion of all the
schools. A group of Imami legists observe: It is valid for a 'traveler'
and a person in a hurry to recite each sentence of the Adhan & Iqama only
once.
Call for Prayer & Ablution
From: Abbas Khan (IN%"ACDA023@SAUPM00.BITNET")24-MAY-1993 07:05:35.56
you would do a great deal by enlightening us about your AZZAN (call for
prayer)
Call for prayer that you are wondering about, is not a basic difference
between Shia and Sunni. So even if I prove it for you that the way we call
for prayer is the right one, it is not going to help you. Because the
origin of differences is somewhere else, that is leadership. The details of
call for prayer is not indicated in Quran, so we simply ask our leadership
(Prophet and his 12 successors) to know how to call for prayer.
But let me ask you this Question: The detail of call for prayer is not
written in Quran. But I am wondering why don't you accept the things that
are explicitly explained in Quran? One of them is the way you make Wodu
(Ablution). Quran, using WAW of ATF, clearly says that you should rub you
feet, but you wash it. Am I right?
Allah says:
"Wash your faces and your hands..., rub your heads and your feet..."
(Quran 5:6)
Allah, exalted did not repeat the verb for "feet", and joined "heads" and
"feet" together under one verb "Rub", using Waw of Atf. This is exactly
what he did for "faces" and "hands" that came under one verb "Wash".
Would you please let us know kindly why don't you accept the above verse
of Holy Quran?
Wodu or Ablution
From: Wael IN%"haddara@mcmail.cis.mcmaster.CA" 28-MAY-1993 00:42:01.68
This is the issue of wudu'. The brother asks a question:
Allah said:
Wash your faces and hands...
Rub your heads and feet...
(Quran 5:6)
Allah, exalted did not repeat the verb for "feet", and joined "heads" and
"feet" together under one verb "Rub", using Waw of Atf. This is exactly
what he did for "faces" and "hands" that came under one verb "Wash".
waw al-'aTf requires that al-ma'Toof and al-ma'Toof 'alaih share
the same status in i'rab ie if the ma'Toof ( in this case heads) has a
kasra, the ma'Toof 'alaih should also have a kasra. In this case, the
ma'Toof has a kasra, but the word feet has a fatHa indicating that
it is ma'Toofa 'ala the word wujuhakum and aydiyakum.
No! Dear brother if you are Arab then you should probably know
that the reason that 'S' in 'ruusikum' has Kasrah is because
of the 'B' at the beginning of the 'beruusikum', and nothing else.
Moreover, when Allah uses a new verb, the old verb is already knocked out,
and you can not come back to it, because this is A NEW SENTENCE. There is
no possible way to use the verb of a previous sentence, when that sentence
has been already finished and a new sentence is started with a new verb.
I appreciate your consideration any way.

Joining Prayers and Other related Issues
One of the issues, among many others, that the Sunnis quarrel with the Shia
about is the form, method, and time of the Prayer (Salat) prescribed on
every male and female believer. Indeed, they make a mockery of the Shi'i
prayer!
The Shia acknowledge FIVE daily PRAYERS. However, they are allowed to pray
them in THREE distinct TIMES, not five; the five prayers are: Fajr
(Morning), Zuhr (Noon), `Asr (Afternoon), Maghrib (Sunset), and Isha
(Night).
The Fajr (morning) is prayed at the same time as the Sunnis do; however,
the Shia usually wait 10 minutes before they consider it to be time for
Fajr.
We are allowed to pray noon and afternoon prayer one after another (without
a lot of delay between the two). Similarly we are allowed to pray sunset
prayer and night prayer one after another. Actually it is better to pray in
their own specific time (close to what Sunnis do), but it is not necessary.
Thus instead of five separate times, we can pray all the five daily prayers
only in three separate times.
(NOTE: The prayers in ALL cases are DISTINCT (separate), it's NOT that
they (the Shia) pray eight Raka't (for Zuhr and `Asr) straight, or seven
Raka't (for Maghrib and Isha) straight, as part of ONE prayer. It is the
SAME regular form of prayer, but combined into one TIME, NOT one PRAYER.)
It should also be noted that the Sunnis agree to the combining of prayers
in the case of Rain, Travel, Fear, or other emergencies. Two forms are
allowed: Jam'a Taqdeem (Early Combination) or Jam'a Ta-ikheer (Late
Combination). An example of Early combination is the combining of Zuhr and
`Asr to be prayed in the time of Zuhr. An example of Late Combination is
the combining of the Zuhr and `Asr to be prayed in the time of `Asr. The
EXCEPTION among the Sunni schools are the Hanifites (Followers of Abu
Hanifa): They contend that you CANNOT combine the prayers at any time, not
even if you're traveling. This clearly violated the other Sunni schools of
thought, but it was and still is tolerated. The Maliki's, Shafeei's, and
Hanbali's all agree to the combining of prayers when one is traveling, but
are in conflict on other times. The Shia said that one can combine the
prayers ANYTIME without ANY cause of fear, rain, or whatever. Nonetheless,
the Shia also contend that if you want to pray them separately, it is
acceptable as well.
Now, let's question why the Shia perform the Prayers as described above,
and who is more accurate in their Prayer, the Sunnis or the Shia? Here is
what Allah (SWT) says in the Holy Quran:
"Establish regular prayers at the Sun's decline till the darkness of
the night, and the recital of the Quran in the morning prayer; for the
recital of the dawn is Witnessed. [17:78]"
How many prayer times are mentioned? THREE, NOT five. Count them: the
"Sun's Decline, Darkness of the Night, and the Morning Prayer." That's
THREE, not FIVE.
Now, what did the Prophet (PBUH&HF) do? Here's what Ibn Abbas, one of the
most famous narrators, says according to the Musnad of Ibn Hanbal (One of
the books of tradition):
"The Prophet (PBUH&HF) prayed in Madina, while residing there,
NOT TRAVELING, seven and eight (this is an indication to the seven
Raka't of Maghrib and Isha combined, and the eight Raka't of Zuhr and
`Asr combined)."
Musnad al-Imam Ibn Hanbal, vol. 1, page 221.
Also, in the Muwatta' of Malik (Imam of Maliki sect), vol. 1, page 161, Ibn
Abbas says:
"The Prophet (PBUH&HF) prayed Zuhr and `Asr in combination and Maghrib
and Isha in combination WITHOUT a reason for fear or travel."
As for Sahih Muslim, see the following under the chapter of "Combination of
prayers, when one is resident":
Ibn Abbas reported: The messenger of Allah(may peace be upon him)
observed the noon and the afternoon prayers together, and the sunset
and Isha prayers together without being in a state of fear or in a
state of journey
Sahih Muslim, English version, Chapter CCL, Tradition #1515
Ibn Abbas reported that the messenger of Allah(may peace be upon him)
combined the noon prayer with the afternoon prayer and the sunset
prayer with the Isha prayer in Medina without being in a state of
danger or rainfall. And in the hadith transmitted by Waki(the words
are): "I said to Ibn Abbas: What prompted him to do that? He said: So
that his(prophet's)Ummah should not be put to (unnecessary) hardship."
Sahih Muslim, English version, Chapter CCL, Tradition #1520
Abdullah b. Shaqiq reported: Ibn Abbas one day addressed us in the
afternoon(after the afternoon prayer) till the sun disappeared, and
the stars appeared, and the people began to say: Prayer, prayer. A
person from Banu Tamim came there. He neither slackened nor turned
away, but (continued crying): Prayer, prayer. Ibn Abbas said: May you
be deprived of your mother, do you teach me sunnah? And then he said:
I saw the messenger of Allah(may peace be upon him) combining the noon
and afternoon prayers and the sunset and Isha prayers. Abdullah b.
Shaqiq said: Some doubt was created in my mind about it. So I came to
Abu Huraira and asked him(about it) and he testified his assertion.
Sahih Muslim, English version, Chapter CCL, Tradition #1523
Abdullah b. Shaqiq al-Uqaili reported: A person said to Ibn Abbas(as
he delayed the prayer): Prayer. He kept silent. He again said: Prayer.
He again kept silent, and he cried: Prayer. He again kept silent and
said: May you be deprived of your mother, do you teach us about
prayer? We used to combine two prayers during the lifetime of the
messenger of Allah(may peace be upon him).
Sahih Muslim, English version, Chapter CCL, Tradition #1524
Ibn Abbas reported: The messenger of Allah(may peace be upon him)
observed the noon and afternoon prayers together in Medina without
being in a state of fear or in a state of journey. Abu Zubair said: I
asked Sa'id[one of the narrators] why he did that. He said: I asked
Ibn Abbas as you have asked me, and he replied that he[the Holy
prophet] wanted that no one among his Ummah should be put to
[unnecessary] hardship.
Sahih Muslim, English version, Chapter CCL, Tradition #1516
Ibn Abbas reported that the Messenger of Allah(may peace be upon him)
observed in Medina seven (rakahs) and eight(rakahs), i.e., (he
combined) the noon and afternoon prayers(eight rakahs) and the sunset
and Isha prayers(seven Rakahs).
Sahih Muslim, English version, Chapter CCL, Tradition #1522
Now, who is it that follows the customs and tradition of the Prophet
(PBUH&HF)??? The Shia who follow it to the letter, or the Sunnis who don't
even acknowledge the traditions in their own books? This is a SIGN for
those who reflect!
Furthermore, Allah (SWT) continually reminds us in the Quran that Islam was
revealed to make your life easier, not more difficult. How then, can one
work, eat, sleep, study, etc... with five prayers a day in five different
times? You pray Maghrib, and an hour later, you pray Isha. Is this
convenient, say for doctors in a surgery room? Believe me, if the Sunnis
followed what the Prophet (PBUH&HF) did (five prayers in three TIMES a
day), many people would be praying today. I witnessed this myself in this
holy month of Ramadan. My Sunni friends pray Zuhr, then sleep. They then
wake up about 30 minutes before Iftar (the time to break the fast), and
pray `Asr. Many also miss the prayer! Is this really convenient???
Question and ask for the TRUTH, and if you are honest and sincere, Allah
(SWT) will guide you.
There is another aspect which the Sunnis make a mockery of when they see a
Shii praying: The Shia will only pray on natural rock (not cement), the
ground (if it is NOT planted something that is either edible and/or
something of which clothe can be made to be worn by humans), rugs made of
Palm tree leaves, or rugs made of dry grasslike material (the same stuff as
that used in building huts). The Shia will NOT pray on regular carpet.
That's why, if you see a Shii praying, you will notice that he is praying
on a peace of mud that is about the size of matchbox. The Sunnis mock the
Shia and say that the Shia worship the rock!
It should also be noted that the piece of mud that the Shia pray on is from
the mud of Karbala, the place in Iraq where al-Imam al-Hussein (AS) was
slaughtered by Yazid's army. Nonetheless, this is NOT a mandatory
requirement; the mud can be from ANY place on Earth as long as it is clean
and, as I mentioned earlier, is not planted edible foods or materials which
can be made into clothe that humans can wear.
Now, let's question why the Shia pray on the above materials only, and,
again, who is wrong or right?
First, carpets are not allowed, nor is cement because the ingredients that
they are made up of are not known. They may contain materials which are
Haram (Islamically illegal) to prostrate one's head on (make sujud).
Second, the prostration on the ground is more humble and modest when one is
between the Hands of Allah (SWT). It is a form of eliminating pride,
arrogance, and flamboyance.
Third, the Shia pray ON the rock, NOT FOR the rock. We DO NOT worship
rocks.
NOTE: The Sunnis allow the prostration on anything that is clean, but they
do FAVOR rugs made from Palm tree leaves.
But what did the Prophet (PBUH&HF) do?
Sahih Muslim, v1, p168, under the chapter of "A Menstruating Woman's
Eligibility to Wash Her Husband's Head" narrates that the Prophet
(PBUH&HF) had a special rug made of Palm tree leaves that he (SAAS)
used to pray on.
Sahih al-Bukhari, v2, p256, under the chapter of "Retreating to
Prayer in the last ten days (of Ramadan)" narrates at the end of a
long tradition that when the Prophet (PBUH&HF) raised his (SAAS) head
from prayer, the companions saw the marks of mud and water on his
(SAAS) forehead. This indicates that he (SAAS) prayed on the ground.
Sahih al-Bukhari, v1, p86, under the chapter of "Tayamum" narrates
that the Prophet (PBUH&HF) said: "The GROUND has been cleansed and
made a masjid for me."
Do I need to comment? Who, now, is it that follows the custom of the
Prophet (PBUH&HF)?
Some of the other differences between the Shia and Sunnis are: The Shia
pray with their hands hanging down the sides (like the Sunni Malikis), not
clasped above their navel. Also, the Shia don't say "Ameen" after the
recitation of the first Surah (chapter) in prayer is completed. The reason
is that there is no proof to support the notion that this kind of behavior
was performed by the Prophet (PBUH&HF).
Again, there is a difference in the Azan (Call to Prayer) among the Shia
and the Sunnis. The Shia add one line to the Azan, which they consider to
be a MANDATORY component of the Azan. This line, repeated twice, is: "Haya
`ala Khair al-'amal -- Rise Up For The Best of Works." It comes right
after the line: "Haya `ala al-Falah -- Rise Up For Salvation." Another
addition by the Shia, which is NOT a mandatory part of the Azan, is the
affirmation: "Ash-hadoo Ana Ali-yan Walayo Allah -- I witness that Ali is
the Vicegerent of Allah." This line is repeated twice and follows the line:
"Ash-hadoo Ana Muhamadan Rasool Allah -- I witness that Muhamad is the
Messenger of Allah." As I mentioned, the latter line is NOT considered
mandatory, and ANY Shii individual that argues otherwise, has invalidated
the Azan. The origin of this assertion and addition goes back to the days
of the Ummayads and the political environment during those days. The
Ummayads attempted wholeheartedly to eliminate the memory of al-Imam Ali
(AS) from among his (AS) followers. This effort reached astronomical
proportions, that during and after the days of Muawiyah's ruling, it became
customary to curse al-Imam Ali (AS) whenever his (AS) name was mentioned
(May Allah (SWT) forgive us). As such, the followers of al-Imam Ali (AS)
chose to oppose the corrupt Ummayad government, and assert that Ali (AS)
was truly the Vicegerent of Allah (SWT). That served as both an annoyment
to the authorities, and a reminder to the posterity that al- Imam Ali (AS)
was indeed the Agent and Vicegerent of Allah (SWT).
In conclusion, I simply appeal to all believing individuals to engage in a
serious soul-searching effort to find the truth for themselves. May Allah
(SWT) forgive us our sins, and guide us to that which pleases Him (SWT).

Prayer (Salat),
According to Five Islamic Schools of Law
(Part I)
By: 'Allamah Muhammad Jawad Maghniyyah
Translated from the Arabic by Mujahid Husayn
Salat (prayer) is either obligatory (wajib) or supererogatory (mandub).
The most important of prayers are the obligatory prayers performed daily
five times, and there is consensus among Muslims that a person who denies
or doubts their wujub is not a Muslim, even if he recites the shahadah,
for these prayers are among the 'pillars' (arkan) of Islam. They are the
established necessity of the faith (al-Din) that doesn't need any
ijtihad or study, taqlid.
The Daily Supererogatory Prayers (Rawatib):
Supererogatory prayers are of various kinds, and among them are those
which are performed along with the obligatory daily prayers (fara'id). The
schools differ regarding the number of their rak'ahs. The Shafi'is consider
them to be eleven rak'ahs: two before the morning (subh) prayer, two before
the noon (zuhr) prayer and two after it, two after the sunset (maghrib)
prayer,
two after the night ('isha') prayer and a single rak'ah called 'al-watirah'
The Hanbalis consider them to be ten rak'ahs; two rak'ahs before and
after the noon prayer, two after the sunset and The night prayer, and two
rak'ahs before The morning prayer.
According to the Malikis there is no fixed number for the
supererogatory (nawafil) prayers performed with the obligatory salat,
Though it is best to offer four rak'ahs before the zuhr and six after the
maghrib prayer.
The Hanafis classify the nawafil performed along with the fara'id
into 'masnunah' and 'mandubah'.(1) The 'masnunah' are five: two rak'ahs
before the subh; four before the zuhr, and two after it, except on Friday;
two after the maghrib and two after the 'isha' prayer.
The 'mandubah' are four: four -or two- rak'ahs before the 'asr, six
after the maghrib, and four before and after the 'isha' prayer.
The Imamis observe: The rawatib are 34 rak'ahs: eight before the
zuhr, eight before the 'asr, four after the maghrib, two after the 'isha'
(recited while sitting and counted as a single rak'ah; it is called 'al
watirah'), eight rak'ahs of the midnight prayer (salat al-layl), two
rak'ahs of al-shaf', a single of al-watr,(2) and two rak'ahs before the
morning prayer, called 'salat al-fajr'.
The time of Zuhr and 'Asr Prayers:
The fuqaha' begin with salat al-zuhr, because it was the first salat
to be declared obligatory, followed by the 'asr, the maghrib, the 'isha'
and the subh prayer, in that order. All the five prayers were made
obligatory on the night of Prophet's cosmic journey (al 'Isra'),
nine years after the beginning of his mission (bi'thah). Those who hold
this opinion cite as proof verse 78 of the Surat al-'Isra' which
stipulates all the five prayers:
" Perform salat from the declining of the sun to the darkening of the
night and the recital of the dawn; surely the recital of the dawn is
witnessed." (17:78)
The schools concur that salat is not valid if performed before its
appointed time and that the time of the zuhr prayer sets in when the sun
passes the meridian. They differ concerning its duration.
The Imamis say: The specific period of the zuhr prayer extends from
the moment the sun crosses the meridian up to a period required to perform
it, and the specific period of the 'asr prayer is the duration required to
perform it just before sunset. The time between these two specific periods
is the common period for the two salats. This is the reason they consider
it valid to perform both the prayers successively during their common
period.(3) But if the time remaining for the end of the day is sufficient
only for performing the zuhr prayer, the 'asr prayer will be offered first
with the niyyah of ada' and later the zuhr prayer will be performed as
qada'.
The four Sunni schools observe: The time of the zuhr prayer begins
when the sun crosses the meridian and continues till the shadow of an
object becomes as long as its height; and when the length of the shadow
exceeds the height of the object, the time for the zuhr prayer comes to an
end. Here the Shafi'is and the Malikis add: These limits are for an
unconstrained person (mukhtar), and for one who is constrained (mudarr),
the time for zuhr prayer extends even after an object's shadow equals its
height. The Imamis consider the time when an object's shadow equals its
height as the end of the time of fadilah (honor) for the zuhr, and when it
equals twice the height of the object as the time of fadilah for the 'asr
prayer.
The Hanafis and the Shafi'is state: The time of 'asr prayer begins
when the length of an object's shadow exceeds its height and continues up
to sunset.
The Malikis say: For the 'asr prayer there are two times, the first
for ordinary circumstances and the second for exigencies. The former
begins with an object's shadow exceeding its height and lasts until the
sun turns pale. The latter begins from when the sun turns pale and
continues until sunset.
The Hanbalis observe: One who delays offering the 'asr prayer till
after an object's shadow exceeds twice its height, his salat will be
considered ada' if performed before sunset, though he will have sinned
because it is haram to delay it until this time. They are alone in all the
schools in holding this opinion.
The Time of Maghrib and 'Isha' Prayers:
The Shafi'i and the Hanbali schools (in accordance with the view of
their respective Imams) state: The time for the maghrib prayer begins when
the sun sets and ends when there radish after glow on the western horizon
vanishes.
The Malikis say: The duration for the maghrib prayer is narrow
and confined to the time required after sunset to perform the maghrib
prayer along with its preliminaries of taharah and adhan, and it is not
permissible to delay it voluntarily. But in an emergency, the time for the
maghrib prayer extends until dawn. The Malikis are alone in considering it
impermissible to delay the maghrib prayer beyond its initial time.
The Imamis observe: The period specific to the maghrib prayer extends
from sunset(4) for a duration required to perform it, and the specific
period of the 'isha' prayer is the duration required to finish it before
midnight. The time between these two specific periods is the common time
for both maghrib and 'isha' prayers. Hence they allow the joint
performance of these two salats during this common time.
That was with respect to someone who is in a position to act out of
free choice (mukhtar), but as to a person constrained by sleep or
forgetfulness, the time for these two salats extend until dawn, with the
period specific for the 'isha' prayer becoming the time required to
perform it just before dawn and the specific period for the maghrib prayer
becoming the time required to perform it just after midnight.
The Time of subh Prayer:
There is consensus among The schools, with the exception of the
Maliki, that the time for the morning prayer begins at day-break (al fajr
al-sadiq) and lasts until sunrise. The Malikis say: The subh prayer has
two times: for one in a position to act out of free choice it begins with
daybreak and lasts until there is enough twilight for faces to be
recognized; for one in constrained circumstances it begins from the time
when faces are recognizable and continues up to sunrise.
NOTE: THE NUMBERS FOLLOWING SOME TERMS ARE MARKS FOR FOOTNOTES THAT WILL
BE APPENDED IN SHAA ALLAH IN THE NEXT PART.

Prayer (Salat),According to Five Islamic Schools of Law
(Part II)
By: 'Allamah Muhammad Jawad Maghniyyah
Ignorance of the Qiblah (direction):
It is wajib for a person ignorant of the qiblah to inquire and
strive to determine its exact or approximate direction, and in case
neither of the two is possible, the four Sunni schools and a group from
among the Imamis say: He may perform salat in any direction; his salat
will be valid and it will not be wajib for him to repeat it except in the
opinion of the Shafi'is. Most Imamis observe: He will perform Salat in
four directions to comply with the command for salat and to ascertain its
proper performance. But if there isn't sufficient time for performing
salat four times or if one is incapable of performing it in four
directions, he may perform, salat in the directions that he can.
A Subsidiary Issue:
If a person prays not facing the qiblah and comes to know about
his mistake, the Imamis state: If the error is known during the salat and
the correct qiblah lies between his two hands, the part of the salat
already performed will be valid and he will have to correct his direction
for the remaining part of the salat. But if it is known that he has been
praying facing the right or the left (90 degree off the direction) or his
back towards the qiblah (180 degree off the direction), the salat will be
invalid and he will perform it anew. If the error is known after
performing the salat, it should be performed again if its time
is still there, not otherwise. Some Imamis say: The salat will not be
repeated if there is only a little deviation from the qiblah, irrespective
of whether its time is still there or not. But if it has been performed
facing the right or the left (90 degree off), it should be repeated if its
time is there, not otherwise. If the salat is performed with one's back to
the qiblah (180 degree off), it should be repeated regardless of whether
its time is still there or has passed
The Hanafis and the Hanbalis observe: If after inquiring and
striving to find the qiblah one is unable to ascertain its approximate
direction and performs salat in a direction which turns out to be wrong,
he must change his direction accordingly if the mistake is known during
the salat, and if it is known afterwards his salat is valid and he has no
further obligation.
The Shafi'is say: If it becomes certain that there has been a
mistake in determining the qiblah, it is wajib to repeat the salat, but if
there is only a likelihood of mistake, the salat is valid Irrespective of
whether the probability arises during the salat or after it.
As to one who neither makes an inquiry nor an effort to determine
the qiblah, but by chance performs the salat in the right direction, the
Malikis and Hanbalis consider his salat to be invalid. The opinion of the
Imamis and the Hanafis is that his salat is valid provided he has no
doubts while praying and was sure about the direction of the qiblah at the
time of starting the salat, because, as pointed out by the Imamis, in such
a situation it is correct for him to make the niyyah of acquiring nearness
(qurbah) to God.
The Numbers that follow some of the words
refer to notes that will appended in the coming issues in shaa Allah.

Prayer (Salat),According to Five Islamic Schools of Law
(Part III)
By: 'Allamah Muhammad Jawad Maghniyyah
Wajib Covering During Salat:
The schools concur that it is wajib (necessary) upon both men and
women
to cover those parts of their bodies during salat which should ordinarily
be kept covered before 'strangers'. Beyond that their positions differ. Is it
wajib for a woman to cover, fully or partly, her face and hands during
salat, although she is not required to do so outside salat? Is it wajib for
a man to cover other parts of his body during salat apart from the area
between the navel and the knees, though it is not wajib to do so outside
salat?
The Hanafis observe: It is wajib upon a woman to cover the back
of her hands and the soles of her feet as well, and upon a man to cover
his knees in addition to the area between the navel and the knees.
The Shafi'is and Malikis say: It is permissible for a woman to keep
her face and both the palms and the back of her hands uncovered
during salat.
The Hanbalis state: It is not permissible for her to expose any
part except the face.
The Imamis observe: It is wajib for both men and women to cover only
those parts of their body during salat which they are supposed to cover
ordinarily in the presence of a 'stranger'. Hence it is permissible for a
woman to expose during salat that part of her face which is washed
during wudu'; her hands up to the wrists, and her feet up to the ankles
both the back as well as the palms of hands and the soles of feet. For
a man, it is wajib to cover the rear and the private parts, though better
to cover the entire area between the navel and the knees.
The Material Used for Covering During Salat:
The covering should meet the following requirements where the
ability and freedom to meet them exist:
1. Taharah: The purity of The covering and the body are necessary for
the validity of salat in the opinion of all the schools, although each of
them concedes certain exceptions in accordance with the following
details:
The Imamis state: Blood from wounds and sores, irrespective of
its quantity, is considered excusable on The dress as well as the body if
its removal entails difficulty and harm (mashaqqah and haraj). A blood spot
smaller than the size of a dirham coin, regardless of its being due to
one's blood or that of someone else, is also excusable provided that: it is
in a single place and not in different places; it is not the blood of hayd,
nifas and istihadah; it is not the blood of anything intrinsically najis,
such as dog and pig, or the blood of a dead body. Also excusable is the
impurity of anything that does not constitute part of essential dress
during salat, e.g. a sash, cap, socks, shoes, ring, anklet and that which
one carries with oneself, e.g. knife or currency. The impurity of the dress
of a woman rearing a child, irrespective of whether she is the mother or
someone else, is exempted on condition that it be difficult for her to
change it and that she washes it once every day. In other words, in their
opinion every najasah on dress or body is exempted in conditions of
emergency (idtirar).
The Malikis observe: Cases of uncontrolled discharge of urine or
excrement, as well as piles, are excusable; so is any impurity on the
body or clothes of a woman suckling an infant that may be soiled by
the infant's urine or feces. So also are exempted the body and clothes
of a butcher, surgeon and scavenger. Also exempted is: blood -even
that of a pig- if it is less than the size of a dirham coin: the discharge
from boils, the excrement of fleas, and other things which need not be
mentioned because they occur rarely.
The Hanafis say: Najasah, blood or anything else, if less than the
size of a dirham coin is exempted. Also exempted in emergencies is the
urine and excrement of a cat and mouse. Tiny splashes- as small as the
point of a needle- of urine, the blood that unavoidably stains a butcher,
and the mud on roads- even if it is usually mixed with najasah and
provided the najasah itself is not visible- are exempted. Consequently,
they consider najasah in a small quantity as exempted, such as the urine
of an animal eating which is halal, if it covers a fourth of the clothes
and less than one-fourth of the body.
According to the Shafi'is, every najasah which is in such a small
quantity that the eye cannot see it is exempted. So is the mud on roads
which is mixed with a small quantity of najasah, worms present in
fruits and cheese, najis liquids added in medicines and perfumes,
excrements of birds, najis hair in small quantity if they do not belong
to a dog or a pig, and other things as well which are mentioned in
detailed works.
The Hanbalis say: Minute quantities of blood and pus are ex-
empted, and so is the mud on roads whose najasah is certain, as well as
the najasah that enters the eyes and washing which is harmful.
2. Wearing Silk: There is consensus among the schools that wearing silk
and gold is haram for men both during and outside salat, while it is
permissible for women. This is in accordance with this statement of the
Prophet (S):
Wearing silk and gold is unlawful for the men of my ummah, while it is
lawful for its women.
Accordingly, the Imamis observe: A man's salat is not valid if he wears
pure silk and any clothing embroidered with gold during it, regardless
of whether it is a waistband, cap, socks, or even a gold ring. They allow
wearing silk during salat in times of illness and during war.
The Shafi'is state: If a man performs salat while wearing silk or over
something made of it, it will be considered a haram act, though his salat
will be valid (al-Nawawi, Sharh al-Muhadhdhab, iii, 179). I have not found
an express statement in the books of the remain- ing schools concerning the
validity or invalidity of salat performed in silk, though the Hanafis as
well as the Hanbalis (in accordance with one of two narrations) concur with
the Shafi'is regarding the general rule that if there is any command
prohibiting something which is not directly connected with salat such as
the command prohibiting usurpa- tion- the salat will be valid if it is not
observed and The person will be considered as having performed a wajib and
a haram act together. Accordingly the salat performed in a dress of silk is
valid. The author of al-fiqh 'ala al-madhahib al-'arba'ah reports a
consensus for the Sunni schools that that it is valid for a man constrained
to perform salat while wearing silk, and it is not wajib for him to repeat
it.
3. Lawfulness of the Clothing: The Imamis consider it necessary that
the clothing worn to be lawfully owned. Hence if a person performs salat
in usurped clothes with the knowledge of their being so, his salat is
invalid. This is also the opinion of Ibn Hanbal in one of the two state-
ments narrated from him.
The other schools regard salat in usurped clothes as valid on the
grounds that the prohibition does not directly relate to salat so as to
invalidate it.
The Imamiyyah are very strict concerning usurpation, and some
of them even observe: If a person performs salat in clothes in
which a single thread is usurped, or carries with him an usurped knife,
dirham, or any other thing, his salat will not be valid. But they also
say: If one performs salat in usurped clothes out of ignorance or
forgetfulness, his salat is valid.
4. The Skin of Uneatable Animals: The Imamis are alone in holding that
it is invalid to perform salat while wearing the skin (even if tanned)
of an animal whose flesh is not allowed to be eaten, as well as anything
consisting its hair, wool, fur or feathers. The same is true of clothes
bearing any secretion from its body- eg. sweat and saliva- as long as
it is wet. Hence, even if a single hair of a cat or any such animal happens
to be present on the dress of a person performing salat and if he performs
it with the knowledge of its presence, his salat is invalid.
They exclude wax, honey, the blood of bugs; lice, fleas and other
insects which have no flesh, as well as the hair, sweat and saliva of
human beings.
They also consider salat invalid if any part of a dead animal
(maytah) happens to be on the clothes irrespective of whether the
animal is one used for food or not, whether its blood flows when cut
or not, and its skin is tanned or not.
A Subsidiary Issue: If there is only a single clothing to cover the body
and that too is najis to an extent that is not excusable, what should
one do if he has no alternative other than either performing salat in the
najis clothing or in the state of nature?
The Hanbalis say: He should perform salat in the najis clothing,
but it is wajib upon him to repeat it later.
The Malikis and a large number of Imamis observe: He should
perform salat in the najis clothing and its repetition is not wajib upon
him.
The Hanafis and the Shafi'is state: He should perform salat naked
and it is not valid for him to cover himself with the najis clothing.
The Place of Salat:
An Usurped Place: The Imamis consider salat performed in an usurped
place and usurped clothing as invalid provided it is done voluntarily and
with the knowledge of the usurpation. The other schools observe: The
salat performed in an usurped place is valid, though the person per-
forming it will have sinned, since the prohibition does not relate directly
to salat; rather, it relates to dispensations (of property). Their position
in this regard is the same as in the case of usurped clothing. Furthermore
in the opinion of the four schools the Salat of usurper himself is valid
in usurped property.
The Imamis also consider as valid the salat of the true owner and
anyone whom he permits, and regard as invalid the salat of the usurper
and anyone whom the owner has not granted permission. The Imamis however
permit salat in vast stretches of (owned) land which are either impossible
or difficult for people to avoid, even if the permission of the owner has
not been acquired.
Taharah (purity) of the Place: The four Sunni schools observe: The place
should be free from both wet and dry najasah (impurity). The Shafi'is
overdo by saing: The taharah of all that which touches and comes into
contact with the body or clothes of the performer is wajib. Therefore, if
he rubs himself against a najis wall or cloth or holds a najis object or a
rope laying over najasah, his salat will be invalid. The Hanafis require
only the location of the feet and the forehead to be tahir. The Imamis
restrict it to the loca- tion of the forehead, i.e. the place of sajdah. As
to the najasah of other locations, the salat will not be invalid unless the
najasah is transmitted to the body or clothing of the performer (the person
performing salat).
Salat Performed on a Mount: The Hanafis and the Imamis require the
place to be stationary; hence it is not valid in their opinion to perform
salat while riding an animal or something that swings back and forth,
except out of necessity, because one who has no choice will perform
salat in accordance with his capacity.
The Shafi'is, Malikis and Hanbalis observe: Salat performed on a
mount is valid even during times of peace and despite the ability to
perform it on the ground, provided it is performed completely and
meets all the requirements.
Salat Inside the Ka'bah: The Imamis, Shafi'is and Hanafis state: It is
valid to perform salat, faridah or nafilah, inside the Ka'bah.
The Malikis and the Hanbalis say: Only nafilah, not faridah, is
valid therein.
A Woman's Prayer Beside a Man: A group of Imami legists observe: If
a man and a woman perform salat in a single place so that she is either
in front of him or beside him, and there is neither any screen between
them nor does the distance between the two exceed 10 cubits, the
salat of the one who starts earlier will not be invalid, and if both star
simultaneously, the salat of both will be invalid.
The Hanafis say: If the woman is in front or beside a man, the
salat will be invalid if performed in a single place with no screen at
least
a cubit high between them, the woman has sex appeal, her shanks and
ankles are adjacent to his, the salat is not a funeral prayer, and the
salat is being jointly performed, i.e. either she is following him or both
are following a single imam.
The Shafi'is, the Hanbalis and most Imamis are of the view that
the salat is valid, though the manner of performance is makruh.
The Locale of Sajdah: The schools concur that the place where the
forehead is placed during prostration should be stationary and should
not be inordinately higher than the location of the knees (during
sajdah). They differ regarding that on which sajdah is valid.
The Imamis state: It is valid to perform sajdah only on earth and those
things which grow on it which are not used for food or clothing.
Therefore, a person cannot perform sajdah on wool, cotton, minerals
and that which grows on the surface of water, for water is not earth.
They permit sajdah on paper because it is made of a material
which grows on earth. They argue their position by pointing out that
sajdah is an 'ibadah (obedience) prescribed by the Shari'ah that depends
for
its particulars on textual evidence (nass). The legists of all the schools
concur regarding the validity of sajdah on earth and that which grows
on it, thus Imamis restrict it to that because there is certainty. They
offer as further evidence these traditions of the Prophet (S):
The salat of any of you will not be valid unless he performs wudu' as in-
structed by God and then performs sajdah by placing his forehead on the
earth.
The earth has been created a masjid (a place for performing sajdah) and
a purifier .
Khabbab says: "We complained to The Prophet (S) regarding the
excessive heat of sun-baked ground on our foreheads, but he did not
accept our complaint."
Had it been valid to perform sajdah on carpets, why would they have
complained?! However Imamis permit sajdah on cotton and linen in the case
of emergency.
The four schools observe: It is valid to perform sajdah on anything,
including even a part of one's turban, provided it is tahir. Rather,
the Hanafis permit sajdah on one's palm even without an emergency,
though it is considered as makruh.
To be continued-insha'Allah
FOOTNOTES:
1. The Hanafis use two terms ('fard' and 'wajib') for something whose
performance is obligatory and whose omission is impermissible. Hence
they divide obligation into two kinds: fard and wajib. 'Fard 'is a duty
for which there is definite proof, such as Qur'anic text, mutawatir
sunnah, and ijma' (consensus). 'Wajib' is a duty for which there is a
Dhanni (non-definite) proof, such as qiyas (analogy) and khabar
al-wahid (isolated tradition). That whose performance is preferable to its
omission is also of two kinds: 'masnun' and 'mandub'. 'Masnun' is an act
which the Prophet (S) and the 'Rashidun' caliphs performed regularly, and
'mandub' is an act ordered by the Prophet (S) though not performed
regularly by him (S). That which it is wajib to avoid and whose
performance is not permissible is 'muharram' if it is established by a
definite proof. If based on a Dhanni proof, it is 'makruh', whose
performance is forbidden.
2. According to the Hanafis, the salat al-watr consists of three rak'ahs
with a single salam. Its time extends from the disappearance of twilight
after sunset to dawn. The Hanbalis and Shafi'is say: At minimum it is one
rak'ah and at maximum eleven rak'ahs, and its time is after the 'isha'
prayer. The Malikis observe: It has only one rak'ah.
3. There are among 'ulama' of the Sunni schools those who agree with
the Imamis on performing the two salats together even when one is not
travelling. al-Shaykh Ahmad al-Siddiq al-Ghumari has written a book on
this topic, Izalat al khatar 'amman jama'a bayn al-salatayn fi al-hadar.
4. There is no difference regarding the definition of sunset between the
Imamis and the other four schools. But the Imamis say that the setting of
the sun is not ascertained simply by the vanishing of the sun from sight,
but on the vanishing of the reddish afterglow from the eastern horizon,
for the east overlooks the west and the eastern afterglow, which is a
reflection of sun's light, pales away as the sun recedes. That which is
rumored regarding Shi'is that they do not break their fast during Ramadan
until the stars become visible, has no basis. In fact they denounce this
opinion in their books on fiqh with the argument that the stars may be
visible before sunset, at the time of sunset or after it, and declare that
"one who delays the maghrib prayer till the stars appear is an accursed
man (mal'un ibn mal'un)." They have said this in condemnation of the
Khattabiyyah (an extrimist sect which deviated from Shia), the followers
of Abu al-Khattab, who held this belief. Thanks to God that they are now
one of the extinct sects. lmam al-Sadiq (AS) was told that the people
of Iraq delay the maghrib prayer until the stars become visible.
He answered, "That is on account of Abu al-Khattab, enemy of Allah."
5 The command to face Masjid al-Haram has come in verse 144 of Surat
al-Baqarah (...So turn your face towards Masjid al-Haram ), and the
leave to turn in any direction in verse 115 : (To God belong the East and
the West; where ever you turn there is the Face of God). Some scholars
have held that the former verse abrogates the latter. Others disagree and
point out that there is no abrogation involved here, nor is it a case of
one being particular and the other general. The way to reconcile the two
verses, they point out, is that the former verse applies to those who know
the direction of the qiblah and commands them to turn towards it. The
latter verse specifically applies to one who is at a loss regarding its
direction and orders him to perform salat in any direction he wants. This
opinion seems to be more credible.
6. Verse 31 of Surat al-Nur mentions those before whom women can expose
their adornment, and among them are Muslim women. Thus the verse prohibits
a Muslim woman from exposing herself before a non-Muslim woman. The
Shafi'is Malikis and Hanafis construe this prohibition as implying tahrim.
Most Imamis and the Hanbalis say: There is no difference between Muslim
and non-Muslim women. But according to the Imamis it is makruh for a
Muslim woman to expose herself before a non-Muslim woman, because she may
describe what she observes from that muslim woman to non-muslim man.
7. al-Jawahir, at the beginning of bab al-zawaj.
Prostrating on Mud
For the Shia it is only acceptable to perform "Sujood" on a material
that is not worn (used to make cloths) or eaten (i.e. foods for people)
The best thing to make sujood on is earth (soil/clay) the second being
Hasir (bamboo-nitted mat/rug). That's what the prophet used to do based
on even Sunni refernces such as Sahih Bukhari, volume 1, section on prayer
on the "Khumrah" (a formed clay, referred to as "turbah" today):
Sahih al-Bukhari Hadith: 1.376
Narrates 'Abdullah bin Shaddad:
Maimuna said, "Allah's Apostle was praying while I was in my menses,
sitting beside him and sometimes his clothes would touch me during his
prostration." Maimuna added, "He prayed on a Khumra (a small mat
sufficient just for the forehead while prostrating during prayers).
Sahih al-Bukhari Hadith: 1.378
Narrated Maimuna:
Allah's Apostle used to pray on Khumra.
Sahih al-Bukhari Hadith: 1.331
Narrated Jabir bin 'Abdullah:
The Prophet said: "... The earth has been made for me (and for my
followers) the place for prostrating and a mean to perform Tayammum,
therefore anyone of my followers can pray wherever the time of a
prayer is due."
Sahih al-Bukhari Hadith: 1.373
Narrated Abu Juhaifa:
I saw Allah's Apostle in a red leather tent and I saw Bilal taking the
remaining water with which the Prophet had performed ablution. I saw
the people taking the utilized water impatiently and whoever got some
of it rubbed it on his body and those who could not get any took the
moisture from the others' hands. Then I saw Bilal carrying an 'Anza (a
spear-headed stick) which he planted in the ground. The Prophet came
out tucking up his red cloak, and led the people in prayer and offered
two Rakat (facing the Ka'ba) taking 'Anza as a Sutra for his prayer. I
saw the people and animals passing in front of him beyond the 'Anza.
Sahih al-Bukhari Hadith: 7.752
Narrated 'Aisha:
The Prophet used to construct a loom with a Hasir (a wooden carpet) at
night in order to pray therein, and during the day he used to spread
it out and sit on it.
It is noteworthy that both Hasir (wooden carpet) and Khumra (formed
clay) are natural made of earth, and are not eatable nor used for clothing.
Thus they can be used for the place of Sajdah. Regural rugs (woollen or
synthetic materials) are not natural made of earth.
Regards,

Prayer (Salat),According to Five Islamic Schools of Law
(Part IV)
By: 'Allamah Muhammad Jawad Maghniyyah
The Essentials (arkan) of Salat:
The validity of the Salat is dependent upon purity (Tahara from
both hadath and khabath), the time of performing it, facing the Qibla, and
wearing sufficient clothing. The fulfilment of these conditions (Shurut)
before starting the salat is necessary, and they have been discussed in
details in the preceding sections. Salat also comprises certain
essentials (arkan wa fara'id) which are performed as parts of salat.
They are many, and among them are the following:
1. Intention (Niyyah):
The Schools -- or rather the legists of each school among
themselves -- differ regarding the content of the niyyah (intention)
required for salat, that is, whether it is necessary to specify the salat
(such as its being zuhr or asr prayer), whether it is obligatory or
supererogatory, complete (tamam) or shortened (qasr), in time (ada') or
late (Qada'), and so on. . .
the essence of the niyyah, as mentioned in the chapter on
ablution is the intention to perform an act with the motive of obedience
to a command of Almighty God. Specification of a particular salat,
whether it is obligatory or supererogatory, ada' or qada', is dependent
upon the intention of the musalli. Thus if he intends to perform a
supererogatory salat at the beginning and performs it with this intention,
it will be supererogatory; if he intends to perform an obligatory salat,
such as zuhr or asr prayers, it will be so. But if he does not intend
anything it will be a waste of labour, though it is possible for one not
to intend anything. Because any act performed by a sane person can not
be without an intention regardless of whether he expresses it in specific
words or not, and irrespective of whether he is attentive to his
intention or not. Therefore, all the schools concur that expressing the
niyyah in words is not necessary. Similarly, it is also ordinarily
impossible for one who knows the difference involved to intend zuhr while
performing asr and an obligatory salat while performing a supererogatory
one.
However discusions regarding niyyah and its various forms were
not in vague among the pioneering scholars of the shari'ah. It would be
good to quote here the observations of two great sscholars, Ibn
al-Qayyim from among the Sunni legists, and sayyid Mohammad, the author
of al-Madarik, from the Imamiyyah.
The former observes in his "Zad al-Ma'ad" as quoted in the first
volume of ibn Qudamah's "al-Mughni": "The prophet (S) used to say
'Allahu Akbar' when he stood for prayer and did not say anything before
it. He did not expresss the niyyah in words, such as saying: 'I perform
such and such prayer in four rak'ahs facing the qibla as an imam or
ma'mum. Neither did he mention whether it was ada' or qada' nor its
time. These ten are later elaborations and no one has ever narrated them
from him (S) in either sahih or da'if form. And neither the tabi'un nor
the four imams have opted for them."
The latter, in Madarik al-Ahkam observes: "That which is
inferable from the sources of the shari'ah is that niyyah is a simple
matter and all that it involves is the intention to perform an act in
obedience to God, the Exalted. This is something which no sane person can
do without while turning to perform an act of worship (Ibadah)."
2. Takbirat al-'Ihram:
Salat does not materialize without 'takbirat al-'ihram.' Its name
derives from the statement of the Prophet (S):
Purity (taharah) is the key to salat; its start (tahrim) is the
takbirah (i.e., saying only one time Allahu Akbar); and its
termination (tahlil) is taslim (i.e., saying Assalamu Alaykum).
It means that with takbirat al-'ihram it becomes haram to speak
and perform any act incompatible with salat, and by reciting taslim
those acts which were prohibited after reciting the takbir become
permissible again.
Its formula is 'Allahu akbar", and according to the Imamis, Malikis
and Hanbalis no other form is permissible. The Shafi'is observe: Both
"Allahu akbar", and "Allahu al-'akbar" (with the addition of alif and
lam to "akbar") are permissible. The Hanafis state: Any other synony-
mous words such as 'Allahu al-'a'zam' and 'Allahu al-'ajall' will do it.
All the schools, excepting the Hanafi, concur that it is wajib to recite
it in Arabic, even if the performer is a non-Arab. If he cannot, it is
obligatory for him to learn it; and if he cannot learn, he may translate
it into his own tongue. The Hanafis observe: it is valid to recite it in
any language even if one can recite it in Arabic.
There is consensus among the schools that at the time of reciting
takbirat al-'ihram all the conditions necessary for salat (such as purity,
facing the qiblah, covering the body etc.) should be present, and that
it should be recited-- when one has the ability to do so--while standing
stationarily, and in a voice that he can hear. The word Allah' should
precede 'akbar', and the reverse, 'akbar Allah', will not suffice for entry
into qiyam.
3. Qiyam (standing):
The schools concur that qiyam is wajib in the obligatory salats
from the beginning of takbirat al-'ihram until going to ruku', and that
standing uprightly, stationarily and independently are its requisites.
Hence it is not valid to recline on any support when one is able to
stand without it. If one cannot stand, he may perform salat sitting, and
if this too is not possible, while laying down on the right side facing the
qiblah (in the same position that a dead body is placed in the grave).
This is the opinion of all the schools except the Hanafis, who state: A
person who cannot sit will perform salat laying down on his back with
his feet pointing towards the qiblah, so that his gestures in lieu of
ruku' and sajdah are made towards the qiblah.
If it is not possible to perform salat while laying on the right side,
the Imamis, Shafi'is and Hanbalis permit him to perform salat laying on
his back by making gestures with his head. If gesturing with the head
is not possible, he will gesture with the eyelids.
The Hanafis say: If his state is as bad as that, the duty of salat will
no longer apply to him, though he will have to perform it qada' when
his condition improves and the hindrance is removed.
According to the Malikis, a sick person such as this, is not required
to perform salat and it is also not wajib for him to perform its qada'
The Imamis, Shafi'is and Hanbalis state: The duty of salat does
not disappear in any situation; if he is unable to gesture by blinking his
eyes he will pass the salat through his mind and move his tongue for
reciting the qira'ah and dhikr. If he is unable to move the tongue he will
imagine it in his mind as long as his mind works. To sum up, salat is
wajib upon those who are fully capable and those who are not so
capable. It may not be neglected in any situation, and every person
must perform it in accordance with his ability. Hence it is performed
while standing, then sitting, then laying down on one's side, then laying
down on one's back, then gesturing by blinking the eyes, and passing it
through the mind, in that order. A fully capable person as well as one
not capable will move from the previous state to the new situation
which has come into existence. Hence if a fully capable person loses his
ability during salat or one not capable regains it, either of them will
perform the remaining part in accordance with his ability. Therefore,
if he performs one rak'ah (unit) standing and is then unable to stand, he
will complete it sitting, and if he performs the first rak'ah sitting and
then
regains the strength to stand, he will complete the remaining salat
standing.
4. Qira'ah (reciting):
The schools differ whether the recitation of Surat al-Fatihah is
wajib in every rak'ah (unit), or in the first two rak'ahs, or in all the
rak'ahs without there being any other alternative. They give different
answers to the following questions: Is the bismillah an essential part of
al-Fatihah or is it valid to omit it? Is it wajib or mustahabb to recite
aloud or in a low voice? Is it wajib to recite another surah after
al-Fatihah in the first two rak'ahs? Can the tasbih replace the surah?
Is takattuf (the folding of arms during salat) a sunnah or is it haram?
And so on.
['tasbih' means: saying "subhanallah wal-hamdu lillah wala ilaha illallah
wallahu akbar" which is usually recited three times in the third and the
forth rak'ahs (units).
Also 'qunut' means rasing both hands toward the sky and holding them in
front of the chest or face and then reciting a supplication, like asking
for forgiveness. It could be some verses of Quran or not. However it should
be in Arabic for obligatory prayers.]
The Hanafis observe: It is not compulsory to recite only Surat
al-Fa-tihah in the daily obligatory salats, and anything recited from the
Qur'an may take its place, because God the Exalted, says: 'Therefore
recite of the Qur'an so much as is feasible' (73:20) (Bidayat al-mujahid,
v1, p 122 and al-Shi'rani's , "bab sifat al-salat").
The recital from the Qur'an is wajib in the first two rak'ahs; but in the
third rak'ah of the maghrib prayer and the last two rak'ahs of 'asr and
'isha' prayer there is an option between reciting from the Qur'an or
saying the tasbih or keeping quiet (al-Nawawi, Sharh al-Muhadhdhab,
v3, p361).
Moreover, the Hanafis say: It is valid to skip the bismillah
because it is not a part of any surah. Neither reciting aloud nor in a low
voice are mustahabb, and a performer praying alone is free to recite in a
voice that he alone can hear or in a voice hearable to others. There is
no qunut in salat with the exception of salat al-watr. As to takattuf,
it is masnun (a sunnah) but it is not wajib, and its preferable form is
for a man to place the palm of his right hand on the back of his left hand,
and for a woman to place her hands on her chest.
The Shafi'is state: Surat al-Fatihah is wajib in every rak'ah,
without there being any difference in this regard between the first two
rak'ahs and the other rak'ahs and between wajib and mustahabb salats.
The bismillah is a part of the surah and cannot be omitted in any
circumstance. The recitation should be aloud in the morning prayer
and the first two rak'ahs of maghrib and 'isha' prayers; the remaining
recitals are to be in a low voice. The qunut is mustahabb only in the
morning prayer, and is to be performed after rising from the ruku' of
the second rak'ah. Similarly, it is mustahabb to recite another surah
after al-Fatihah only in the first two rak'ahs. Takattuf is not wajib
but a sunnah for both the sexes, and its preferable form is to place
the right hand palm on the back of the left hand between the chest
and the navel and towards the left side.
According to the Malikis, reciting Surat al-Fatihah is necessary in
every rak'ah, without there being any difference in this regard between
the earlier and later rak'ahs and between fard and mustahabb salats, as
observed earlier by the Shafi'is. It is mustahabb to recite another surah
after al-Fatihah in the first two rak'ahs. The bismillah is not a part of
the surah and it is mustahabb to omit it altogether. Reciting aloud is
mustahabb in the morning prayer and the first two rak'ahs of maghrib
and 'isha' prayers. Qunut is to be recited only in the morning prayer.
Takattuf is valid in their opinion, though it is mustahabb to keep the
hands hanging freely in the fard prayers.
The Hanbalis consider al-Fatihah to be wajib in even rak'ah, and
to recite a surah after it in the first two rak'ahs as mustahabb. The
morning prayer and the first two rak'ahs of maghrib and 'isha' prayers
are to be recited aloud. The bismillah is a part of surahs though it will
be recited in a low voice and not aloud. Qunut is to be recited in Salat
al-watr and not in any other salat. Takattuf is a sunnah for both men
and women and its preferable form is to place the right hand palm on
the back of the left hand below the navel.
It is evident that takattuf, which the Sunni legists call it 'qabd' and
the Shia legists call it 'takfir'--i.e. to conceal, is not wajib in the
opinion of any of the four Sunni schools.
The Imamis state: Reciting Surat al-Fatihah is necessary in the
first two rak'ahs of every salat and no other surah can replace it.
But it is not wajib in the third rak'ah of maghrib and the last two
rak'ahs of four-rak'ah prayers; rather, one has an option between it and
tasbih, though even once is sufficient. It is wajib to recite another
complete surah in the first two rak'ahs, and the bismillah is a part of
the surahs which cannot be omitted in any circumstance. It is wajib
to recite aloud only the surahs and not the other recitations in the
morning prayer and the first two rak'ahs of maghrib and 'isha' prayers.
except for the bismillah, the recitation in zuhr and asr prayers is
to be done in a low voice in their first two rak'ahs and also in the
third rak'ah of maghrib and the last two rak'ahs of 'isha' prayers.
Qunut is mustahabb in the five daily prayers and its place is the second
rak'ah after the recital of the surahs and before ruku' . The minimum
level of voice considered 'Hud' is that a person nearby be able to hear
it, and the minimum for 'low' voice is that the person himself be able
to hear it. The schools concur that reciting aloud is not prescribed for
women, nor is reciting in a voice lower than what can be heard by
herself. If a performer voluntarily recites loudly something which is to be
recited in a low voice and vice versa, his/her salat will be invalid, if
this is not done due to ignorance or forgetfulness.
The Imamis also considers saying "Ammin" (Amen) during salat to
be haram and doing so invalidates the salat, irrespective of whether
one is praying individually or in group prayer as an imam or ma'mum,
because it is something adopted by the people, and nothing adopted
by people is capable of being included in the salat.
The four Sunni schools concur that it is mustahabb in accordance
with the narration of Abu Huraira that the Prophet (S) said:
When the imam says, "ghayr il maghdubi 'alaymhim wa la-ddallin,' then
say: "Ammin"
The Imamis negate the authenticity of the above tradition.
Also most Imamis consider takattuf (putting hands over each other) renders
the salat invalid (batil) because there is no explicit text (nass)
in support of it. However, some of them say: Takattuf is haram and the
one who does it has committed sin, though his salat is not invalid. A third
group from among them observe: It is makruh (discouraged) and not haram.
To be continued Ensha Allah...
This is written by a Sunni brother about Qunoot:
Qunoot:
Qunoot is an established practice of the prophet, and is accepted as such
by all 4 Sunni schools. According to Malikis it is performed in the
Fajr prayer before rukoo`. Hanafis have it in the witr prayer beforerukoo`.
Shafi`is have it in the fajr prayer after rukoo`, and in the witr prayer
in the last half of ramadhan. Many sunni scholars have seen it as
recommended to perform qunoot in times of trouble and affliction(nawaazil),
especially in the fajr prayer, and also in the maghrib and eshaa prayer.
According to the shafi`ee school it shoould be done in every prayer under
such circumstances. It was reported that ABu Hurayra used to perfrom
Qunoot even in the Afternoon prayer, and there was no mention ofaffliction.
Ibn Abbas performed it before rukoo` in the fajr prayer. Abdullah ibnMas`ood
performed it before rukoo` in the 3rd rak`ah of witr.
I do not 'belong' to any school of thought as such - I I belong to the
Ummah of Islam. However, as far as practicing particulars, I follow
for the most part the fiqh of Abdullah ibn Mas`ood and the other
jurists who later moved to Kufa, notable among them being Imam Abu
Haneefah
(incidentally a student of Imam Ja`far al-Sadiq), Imam Muhammad ibn
allHasan al-Shaybaanee, and Imam Abu Yusuf al-Ansaree.
Wassalam
Prayer (Salat),According to Five Islamic Schools of Law
(Part V)
By 'Allama M. J. Maghniyyah
Essentials of Salat (Continued)
5. Ruku'(bowing):
There is consensus among the schools that ruku' is obligatory (wajib) in
salat but they differ regarding the extent to which it is wajib and the
necessity of staying motionless in that position. The Hanafis observe: What
is obligatory is to bend down in any possible manner, and staying
motionless is not obligatory. The remaining schools consider it obligatory
to kneel down until the palms of the hands of the performer reach his knees
and to stay motionless during bowing.
The Shafi'is, Hanafis and Malikis state: It is not obligatory to recite
anything during ruku', though it is sunnah that the performer say: "Sub-
hana Rabbl al-'azim. " The Imamis and the Hanbalis consider tasbih to be
obligatory during ruku' and its formula in the opinion of the Hanbalis is
"Subhana Rabi al-'azim", and according to the Imamis "Subhana Rabbi al-
'azim wa bi hamdih" or just "SubhanAllah" thrice. It is encouraged
(mustahabb) in the opinion of the Imamis to add after the tasbih, to ask
for belssing of Allah on Mohammed (S) and his Family (Allahumma sali 'ala
Muhammadin wa 'ali Mohammed).
The Hanafis say: It is not obligatory to return to the standing position
after ruku', and it is sufficient, though makruh (discouraged), to perform
sajdah (prostration) straight-away. The other schools consider it
obligatory to return to the standing position and mustahabb to recite the
tasmi', which is to say: "Sami 'allahu li man hamidah" (God hears one who
praises Him). According to the Imamis, it is obligatory to stay motionless
in this standing (qiyyam) too.
6. Sujud (prostration):
There is consensus among the schools that sujud (prostration) is obligatory
twice in each rak'ah. They differ regarding its details, as to whether it
is obligatory to prostrate with all the seven parts of the body touching
the ground while performing it or if it is sufficient to lay on the ground
only some of them. These seven parts are; the forehead, the palms, the
knees and the big toes. The Malikis, Shafi'is and Hanafis state: It is
obligatory to lay only the forehead on the ground in sujud, and laying down
the other parts is encouraged (mustahabb). The Imamis and the Hanbalis
observe: It is obligatory to lay on the ground all the seven parts while
performing sujud. It has been narrated from the Hanbalis that they add the
nose to these seven, thus making them eight. The difference of opinion
regarding reciting tasbih and being motionless during sujud is similar to
the difference mentioned concerning ruku'. Those who consider them
obligatory there, consider them here as well. The Hanafis do not consider
it obligatory to sit between the sajdahs; the remaining schools consider it
obligatory.
7. Tashahhud:
Tashahhud is at most recited twice in salat; the first, after the second
rak'ah of zuhr, 'asr. maghrib and 'isha' prayers, which is not followed by
taslim; the second in the last rak'ah of the two-, three-, and four- rak'ah
prayers, which is followed by taslim. The Imamis and the Hanbalis state:
The first tashahhud is obligatory. The remaining schools consider it
mustahabb and not obligatory. The second tashahhud is considered obligatory
by the Shafi'is, Imamis and Hanbalis, and mustahabb by the Malikis and
Hanafis (Bidayat al-mujtahid, v1, p125).
The following are the forms of tashahhud observed by the differentschools:
The Hanafis:
"attahiyyatu lillahi wassalawatu wattayyibatu wassalamu 'alayka ayyuha
annabiyyu warahmatullahi wabarakatuhu, assalamu 'alayna wa 'ala
`abadillahi assaliheena, ash-hadu anna la ilaha illa Allah, waAsh-hadu
anna Mohammmedan 'abduhu warasuluhu."
The Malikis:
"Attahiyyatu lillah, azzakiyyatu lillah, attayyibatu assalawatu lillah.
Assalamu alayka ayyuha annabiyyu warahmatu allahi wabarakatuhu,
assalamu alayna wa 'ala 'abadi Allahi assaliheena, ash-hadu anna la
ilaha illa Allah, wa ash-hadu anna muhammadan 'abduhu warasuluhu.
The Shafi'is:
"Attahiyyatu almubarakatu assalawatu attayyibatu lillah, assalamu
'alayka ayyuha annabiyyu warahmatu allahi wabarakatuhu, assalamu alayna
wa 'ala 'abadi allahi assalaiheena. Ash-hadu anna la ilaha illa Allah,
wa ash-hadu anna sayyidana muhammadan rasulu Allah."
The Hanbalis:
"Attahiyyatu lillahi wa-assalawatu wa-attayyibatu. assalamu 'alayka
ayyuha annabiyyu warahmatu allahi wabarakatuhu, assalamu alayna wa 'ala
'abadi allahi assalaiheena. Ash-hadu anna la ilaha illa Allah, wahdahu
la shareekalah, wa ash-hadu anna sayyidana muhammadan 'abduhu wa-
rasuluhu. Allahumma salli ala Muhammadin."
The Imamis:
"Ash-hadu anna la ilaha illa Allah, wahdahu la shareeka lah, wa ash-
hadu anna muhammadan 'abduhu wa-rasuluhu. Allahumma salli ala Muhammadin
wa 'ali Muhammed."
8. Tasleem (farewell)
The Shafi'is, Malikis, and Hanbalis observe: Tasleem is obligatory. The
Hanafis do not consider it obligatory (Bidayat al-Mujtahid, v1, p126).
The Imamis differ among themselves, a group considers it obligatory, while
others, including al-Mufid, al-Shaykh al-Tusi and al-'Allamah al-Hilli,
regard it as mustahabb.
Tasleem (farewell) has only one form in the opinion of the four Sunni
schools, and it is "Assalamu alaikum warahmatu allah". The Hanbalis say:
It is obligatory to recite it