The Consequences of the Tongue

The Consequences of the Tongue

In the name of Allāh, the Most Gracious, the Most Merciful;

All the praise and Thanks are due to Allāh, the Lord of the al-ā’lamīn. There is none worthy of worship except Allāh, and that Muhammad, Sallallāhu alayhi wa sallam, is His Messenger.

Allāh Subhānahu wa Ta’ala Says:

 “O You who believe! If a Fāsiq (liar – evil person) comes to you with any news, verify it, lest you should harm people in ignorance, and afterwards you become regretful for what you have done.” [Al-Hujurat, 49:6]

“O You who have believed! Avoid much [negative] assumption. Indeed, some assumption is sin. And do not spy or backbite each other. Would one of you like to eat the flesh of his brother when dead? You would detest it. And fear Allāh; indeed, Allāh is accepting of repentance and Merciful.” [Al-Hujurat, 49:12]

“And why, when you heard it, did you not say: ‘It is not for us to speak of this. Exalted are You, [O Allāh]; this is a great slander?'” [Al-Nur, 24:16]

“Fitnah is worse than killing…” [Al-Baqarah 2:191]

Rasūlullāh (Sallallāhu ‘alayhi wa sallam) once asked his Companions:  “Do you know what is backbiting?” They said, “Allāh and His Messenger know best.” He (Sallallāhu ‘alaihi wa sallam) said, “To mention about your brother that which he hates.” They said, “If that we see about our brother is true?” He (Sallallāhu ‘alaihi wa sallam) said, “If there is in him what you say about him then that is backbiting, and if you say of him that which is not true then you have slandered him.”   [Sahīh al-Muslim (4/6265), Sunan Abu Dawūd (3/4856) and al-Muwatta (56/10)]

The Heart the port where all actions stem

The most important part of the body is the heart as has been mentioned by Rasūlullāh (Sallallāhu ‘alayhi wa sallam)  in his saying, “Indeed there is a piece of flesh in your body that, if it be sound, then the whole body will be sound and if it be corrupt then the whole body will be corrupt. Indeed it is the heart.” [Sahih al-Bukhari [1/49]; Sahih al-Muslim [1599]]

The heart is thus the port where all actions stem, whether good or evil. If the heart is good then the actions will be good and if the heart is corrupt then the actions will be bad. The heart is the place where Allāh scans, as Rasūlullāh (Sallallāhu ‘alayhi wa sallam) says, “Allāh does not look at your bodies or your faces but he scans your heart and actions.” [Sahih al-Muslim [4/6221]]

As for the heart, Allāh has commanded us to love Him and His Messenger, to love the righteous people, to love that which Allāh loves and to hate all which Allāh hates. The tongue acts accordingly, because the tongue expresses what is in the heart.

The Tongue Expresses what is in the Heart

If a person is good, it reflects in their saying. Allāh has made it very easy for the tongue to move and it is not difficult to realize that a person’s tongue moves much more as if compared to the limbs. So if a person is not careful about what he says, even a single saying of his can invalidate his actions. It is for this reason that the whole body warns the tongue saying, “Fear Allāh concerning us, for we are (dependant) upon you. If you are upright then we will be upright and if you are corrupt then we will be corrupt.” [Sunan at-Tirmidzi (1912), Mishkāt (4838) and Riyādhus-Sālihīn (2/1521)]

And at the same time, the tongue is a great blessing from Allāh. If we look at the animals, which are unable to speak, we realize the importance of this great tool of communication.

The gratitude that we should show for this great blessing should include, using it for the obedience to Allāh, for reading the Qur’ān, for seeking Knowledge, to enjoin good and forbidding evil. The prohibitions of the tongue are that you do not lie, abuse, use foul language, backbite and slander.

Allāh says: “Indeed successful are the Believers, those who offer their Solat (prayers) with Khushū’ (fear of Allāh) and those who refrain from Al-Laghw (dirty, false, evil vain talk, falsehood, and all that Allah has forbidden)” [Surah al-Mu’minūn, 23: 1-3]

Allāh mentions that refraining from evil vain talk is a sign of the successful believers. Allāh also mentions refraining from vain talk after he mentions al-Khushū’. Talking too much would harden the heart. It is not possible to reach the level of Khushū’ (fear of Allāh) unless one refrains from evil vain talk.

Imām an-Nawawi (rahimahullah) mentions “Know it is incumbent upon all to guard their tongues from most speech, except a word that has some benefit in it….” [Kitābul-Adhkār]

And for those who take heed there is a constant reminder in the verse, “Not a word is said except that there is a watcher by him ready to record it.” – [Surah Qaf, 50:18]

Rasūlullāh (Sallallāhu ‘alayhi wa sallam) said: “Whoever believes in Allāh and the Last Day should speak good or keep silent.”

Imam ash-Shafie (rahimahullāh) said. “If you wish to speak then it is upon you to think before you speak. If you think there is good in it then speak and if not then do not speak.”

The earlier mentioned Qur’anic verses; Hadīths of our Prophet (Sallallāhu ‘alaihi wa sallam) and advices by the scholars of Islam are a guide for those searching for salvation against vain talk. So before we talk, should we not ask ourselves?

  1.  Will this saying of mine pleases Allāh?
  2.  Will this saying of mine bring me closer to Allāh?
  3.  Does this saying earn with it obedience to Allāh?

If yes, then speak, otherwise one should keep quiet.

Guarding your tongue from all Hāram

The Messenger of Allāh (Sallallāhu ‘alaihi wa sallam) said: “Guard your tongue, stay in your homes and weep over your sins.” [Related by Ibn Mubarak in az-Zuhd (no.134), Musnad Ahmad bin Hambal (5/259), Sunan at-Tirmidzi (2531) and authenticated by al-Albānī in as-Sahīhah (no.890)]

Rasūlullāh (Sallallāhu ‘alayhi wa sallam) said: “Most of the sins of the children of Adam are from the tongue.”[At-Tabarānī (3/87/1-2); authenticated by al-Hāfidh al-Mundhiri in al-Targhīb (4/8)]

Mughira bin Shu’ba (radiallāhu’ anhu) reported that Rasūlullāh (Sallallāhu ‘alayhi wa sallam) said:
“Allāh has forbidden for you:(1) to be undutiful to your mothers, (2) to bury your daughters alive, (3) not to pay the rights of the poor and others (i.e. charity) and (4) to beg of men. And Allāh has hated for you: (1) Qil and Qal (sinful and useless talk, like backbiting or that one talks too much about others), (2) to ask too many questions (in disputed religious matters, etc.), (3) to waste your wealth (by extravagance with lack of wisdom and thinking).” [Sahih al-Bukhari [3:591]

Abu Mūsa al-Asha’arī (radiallāhu’anhu) said: “O Messenger of Allāh, which of the Muslims are better?” The Messenger of Allāh (Sallallāhu ‘alayhi wa sallam) said, “Those who do not harm the Muslims with their tongues and hands.” [Sahīh al-Bukhari (1/10) and Sahīh al-Muslim (1/64)]

Sahal ibn Sa’ad (radiallāhu’anhu) reported that Rasūlullāh (Sallallāhu ‘alayhi wa sallam) said, “Whoever guards what is between his jaws and legs. I shall guarantee him paradise.” [Sahīh al-Bukhari (8/481); a similar narration can be found in Muwatta of Imam Malik (56/11) and Sunan at-Tirmidzi]

Mu ‘adz bin Jabal (radiallāhu`anhu) reported, who said: “I inquired from the Messenger of Allāh (Sallallāhu ‘alayhi wa sallam) to inform me of an act which will cause me to enter Jannah and keep me far from Hell.”

Rasūlullāh (Sallallāhu ‘alayhi wa sallam) replied: “You have asked me about a matter of great importance, but it is easy for one for whom Allāh makes it easy.” Rasūlullāh (Sallallāhu ‘alayhi wa sallam) added, ” Worship Allāh, associate nothing with Him in worship, offer as-Salah (the prayer), pay the Zakat, observe Saum (fasting) during Ramadhan and perform Hajj (pilgrimage) to the House of Allāh, if you can afford it.”

Rasūlullāh (Sallallāhu ‘alayhi wa sallam) further said, “Shall I not guide you to the Gates of Goodness? Fasting is a screen (from Hell), charity extinguishes (i.e., removes) the sins as water extinguishes fire, and standing in prayers by a slave of Allāh during the last third part of the night (qiyamulail).” Then Rasūlullāh (Sallallāhu ‘alayhi wa sallam) recited: “Their sides forsake their beds, to invoke their Rabb in fear and hope, and they spend (in charity in Allāh’s Cause) out of what We have bestowed on them. No person knows what is kept hidden for them of joy as a reward for what they used to do.” (Surah Sajdah, 32:17, 18). Then Rasūlullāh (Sallallāhu ‘alayhi wa sallam) added, “Shall I tell you of the root of the matter, its pillar and its highest point?” I replied: “Yes! Certainly, O Messenger of Allāh.” Rasūlullāh (Sallallāhu ‘alayhi wa sallam) said, “The root of this matter (foundation) is Islam, its pillar (mainstay is) as-Salah (the prayer) and its highest point is Jihad (fighting in the Cause of Allāh).”

Then Rasulullah (Sallallāhu ‘alayhi wa sallam) asked, “Shall I tell you of that which holds all these things?” I said: “Yes, O Messenger of Allāh.” So Rasulullah (Sallallāhu ‘alayhi wa sallam) took hold of his tongue and said, “Exercise restraint on it.” I then enquired, “O Messenger of Allāh, will we be held responsible for what we say with it?” Thereupon, the Messenger of Allāh (Sallallāhu ‘alaihi wa sallam) said, “Mu’adz, will anything else besides (irresponsible) talk cause the people to be thrown in the Hell-Fire upon their faces?”  [Sunan at-Tirmidzi and Riyādhus-Sālihīn (2/1522)]

Most of the people who will enter the fire, will do so due to their tongues So a Muslim must beware and learn to imprison the tongue from vain talk, for Rasūlullāh (Sallallāhu ‘alayhi wa sallam) said: “Every saying of the children of Adam is cursed, except for the enjoining good and forbidding the evil or for the remembrance of Allāh.” [Sunan at-Tirmidzi]

Besides describing Articles of Islam, this Hadith mentions the dangers which lie in the careless use of the tongue. All good actions can go waste if one does not guard his speech. One should, therefore, guard his tongue against that which Allāh has made prohibited, (but keep your tongue wet with the remembrance of Allāh (zikrullah).

In another hadith of ‘Abdullah bin Bishar, (radiallāhu`anhu) who reported that one of the Companions asked Rasūlullāh (Sallallāhu ‘alayhi wa sallam): “O Messenger of Allāh! There are many injunctions of Islam upon me, so tell me something to which I may hold fast.” Rasūlullāh (Sallallāhu ‘alaihi wa sallam) replied: “Keep your tongue moist with the remembrance of Allāh.” [At-Tirmidzi]

The companion was not suggesting that the Prophet (Sallallāhu ‘alaihi wa sallam) should exempt him from his religious obligations; rather, he needed something that would help him perform them all. Therefore, he guided him to what would assist him to perform them and cause him to be keen to adhere to them, thus facilitating their performance. The person who frequently mentions Allāh will love Him and whatever pleases Him, and nothing would then be dearer to him than endeavoring to please his Lord.

Moreover, it keeps one busy from engaging in falsehood, like backbiting, slandering, and idle talk, as when a person does not engage himself in acts of obedience, his soul [desires] will engage him in falsehood. Moreover, it helps prevents a person from being neglectful

And “The world and all that it contains is cursed, except for the remembrance of Allāh and what supports it, and a scholar and a student.” [Sunan Ibn Majah (no.4112) and authenticated by Sheikh al-Albani in Sahīhul-Jaami’ (no.3414)]

Abu Hurairah (radiallāhu’ anhu) reports on the authority of the Prophet (Sallallāhu ‘alaihi wa sallam) that, “From the good Islām of a man, is that he leaves that which does not benefit him.”[Musnad Ahmed bin Hambal (4/132), Sunan at-Tirmidhi, Sunan Ibn Majah, al-Baihaqi in Shu’ab al-Imān]

Imām Ahmad (rahimahullāh )mentioned in his Musnad on the authority of Anas (radiallāhu`anhu) who relates that Rasūlullāh (Sallallāhu ‘alayhi wa sallam) said’ The imān of Allāh’s servant will not be upright until his heart is upright and his heart will not be upright until his tongue is upright.” [Also mentioned in al-Mundhiri (3/234) and al-Iraqī in al-Ihya (8/1539)]

A word of Allāh’s displeasure you will fall into Jahannam.

Abu Hurairah (radiallāhu’ anhu ) said that he heard the Messenger said: “Indeed a servant (worshipper of Allāh) may say a word which he doesn’t realize and it will make him fall into the fire further than the East and the West.”

Abu Hurairah (radiallāhu’ anhu) also reported that the Prophet (Sallallāhu alaihi wa sallam) said: “Indeed a servant may say a word from which Allāh’s pleasure is gained and the servant does not realize it, Allāh will raise him up levels. Indeed a servant may say a word from which Allāh’s displeasure is gained and he does not realize it, Allāh will put him in Jahannam due to it.” [Sahīh al-Bukhari (8/485), Al-Muwatta (56/6) and in Sahīhul-Jāmi’ of al-Albāni]

Fujani (radiallāhu’ anhu) reported, who said he had inquired Rasūlullāh: “O Messenger of Allāh tell me something that I may be firm upon?” He (Sallallāhu ‘alaihi wa sallam) answered, “Say, My Lord is Allāh and then be upright concerning it.” He asked, “What is the thing that you fear for most.” The Messenger of Allāh (Sallallāhu ‘alaihi wa sallam) took hold of his tongue and said, “This!” [Musnad Ahmad bin Hanbal, Sunan an-Nasāie, Sunan Ibn Majah and Sunan at-Tirmidzi]

Backbiting (Ghībah)

Allāh says: “O you who have believed! Avoid much [negative] assumption. Indeed, some assumption is sin. And do not spy or backbite each other. Would one of you like to eat the flesh of his brother when dead? You would detest it. And fear Allāh; indeed, Allāh is accepting of repentance and Merciful.” [Al-Hujurat, 49:12]

The Messenger of Allāh once asked his Companions, “Do you know what is backbiting?” They said, “Allāh and His Messenger know best.” He (Sallallāhu ‘alaihi wa sallam) said, “To mention about your brother that which he hates.” They said, “If that we see about our brother is true?” He (Sallallāhu ‘alaihi wa sallam) said, “If there is in him what you say about him then that is backbiting, and if you say of him that which is not true then you have slandered him.” [Sahīh al-Muslim (4/6265), Sunan Abu Dawūd (3/4856) and al-Muwatta (56/10)]

The Prophet (Sallallāhu ‘alaihi wa sallam) vigorously opposed all aspects of backbiting, even when it appeared in his own family. Once a woman visited Aaishah (radiallāhu’ anha) and when the woman got up to leave, Aaishah made a sign with her hand indicating to Rasūlullāh (Sallallāhu ‘alayhi wa sallam) that the woman was short of stature. Rasūlullāh (Sallallāhu ‘alayhi wa sallam) immediately chastised her, saying “You have backbitten!” and in another narration, “You have said a saying that if mixed with the sea it would change its color.” [Ibn Jarīr in Tafsīr al-Qur’ān al-Adzīm, vol.4, p.328 (30) and Sunan Abu Dawūd (3/4857)]

Abu Bakra (radiallāhu’ anhu ) narrated that the Messenger of Allāh  (Sallallāhu ‘alaihi wa sallam) said, in his khutbah on the Day of Nahr: “Indeed the blood, property and honor are sacred to you, like the sacredness of this day (‘Arafat), like the sacredness of this place, like the sacredness of this month; Have I conveyed the message?”[Sahīh al-Bukhari (1/105) and Sahīh al-Muslim (2/2803) and part of a lengthy narration]

By Allāh Rasūlullāh (Sallallāhu ‘alayhi wa sallam) has conveyed the message, so guard the right of the Believers!

Slanderer (Namīmah)

Allāh says: “Woe to every slanderer and backbiter.” [Surah Humazah, 104:1]

Rasūlullāh (Sallallāhu ‘alayhi wa sallam) said: “The gossipmonger will not enter paradise.” [Sahīh al-Bukhari (8/82), Sahīh al-Muslim (1/187) and Musnad Ahmad bin Hanbal]

Rasūlullāh (Sallallāhu ‘alayhi wa sallam) passed by two graves and said: “They are being punished. As regards one of them then he used to go around gossip-mongering and as regards the other then he was not careful while urinating.” [Sahīh al-Bukhari (1/215) and Sahīh al-Muslim (1/575)]

On the authority of Saīd ibn Zayid that Rasūlullāh (Sallallāhu ‘alayhi wa sallam) said, “Indeed the lowest form of usury is to prolong the speech about the honor of a Muslim without justice.” [Sunan Abu Dawūd (3/4858)]

Overcoming the evil habit of backbiting

  • Imām an-Nawawi (rahimahullāh) said that one should remember the punishment of Allāh. And remember that Allāh is the Lord of the heavens and the earth. He is the One, aware of ever saying, at every time. Then if one remembers this, then it is only natural that one will be modest and shy in this aspect. We need to realize that when one of us is hurt, when something wrong is said about the creation, then what about the Creator, who is the All-Seeing and All-Hearing.
  • We should reflect on the Qur’ānic verse which Allāh states: “O you who have believed! Avoid much [negative] assumption. Indeed, some assumption is sin. And do not spy or backbite each other. Would one of you like to eat the flesh of his brother when dead? You would detest it. And fear Allāh; indeed, Allāh is accepting of repentance and Merciful.” [Al-Hujurat, 49:12] And we surely hate even the thought of it.
  • One should fear that his own faults would be revealed, as Rasūlullāh (Sallallāhu ‘alayhi wa sallam) said: “O you who believe with your tongues, yet iman have not entered your hearts. Do not backbite the Muslims, nor follow their faults. For he who follows others faults then Allāh will declare (disclose) his faults and he whom Allāh reveals his faults, then Allāh disgraces him in his own house.” [Sunan Abu Dawūd (3/4862) and authenticated by Sheikh al-Albāni in Sahīh Jāmi’ Saghīr]
  • One should take the advice of the pious scholars of Islām, among them Umar ibn Khattab (radiallāhu’ anhu) who said: “Be careful from remembering people for it is an illness and be in the remembrance of Allāh for it is a medicine.” Once a man came to al-Hasan al-Basri (rahimahullāh) and said him that he heard that the later had backbitten him. Upon this Hasan al-Basri (rahimahullāh) said, “Who are you that I may give you my rewards?”
  • The most important thing to keep in mind is that there is a great reward to refrain from backbiting, as Rasūlullāh (Sallallāhu ‘alayhi wa sallam) said: “Whoever protects the honor of his brother in his absence, Allāh will protect his face from the Fire on the Day of Judgment.” [Sunan at-Tirmidzi and authenticated by Sheikh al-Albāni in Sahīh Sunan at-Tirmidzi (2/1575)]

Exceptions to Backbiting

There are few exceptions to backbiting that the scholars have classified, among them:

  • Oppression: If one has been harmed or one’s property has been unlawfully taken away by another, and this person goes to the ruler or judge in order to seek justice, this is not backbiting.
  • Changing the Munkar: If one finds a person involved in evil actions or innovations, and one is unable to correct his Munkar. It is allowed to seek the help of a more knowledgeable person, even if it means defining the Munkar of the evil-doer or innovator.
  • Seeking a Fatwa (religious verdict): If there is a dispute between a husband and his wife, and if either of them seeks the advice of a religious scholar, then this situation is exempt from backbiting.
  • Warning a Muslim from evil: If a fellow Muslim is going to do a business with a dishonest person or if a Muslim is unaware that the person to whom he is marrying his daughter to, is an unreligious person; then to advice and guide him is exempt from backbiting.
  • Advising against innovators and sinners: If an innovator is openly involved in spreading his innovative beliefs or a sinner remorselessly declares his sin and is thus being a bad example for others; then warning others against him is allowed. But if he commits a sin secretly and as such harms just himself, to openly declare his sins is still strictly prohibited.

REMEMBER

  • Rasūlullāh (Sallallāhu ‘alayhi wa sallam) said: “Do not nurse a grudge (against a Muslim) and do not outbid him for raising the price and do not nurse aversion (strong dislike) or enmity and do not enter into a transaction when others have entered into that transaction and be as fellow-brothers and servants of Allāh. A Muslim is the brother of another, he neither betrays (nor deceives him), nor humiliates him, nor looks down upon him. Piety is here (and while saying so) he pointed towards his chest three times. All things of a Muslims are inviolable for his brother in faith, his blood, his wealth and his honor.” [Sahīh al-Muslim (4/6219), part of the wording being that of Sunan Abu Dawūd (3/4864)]
  • Rasūlullāh (Sallallāhu ‘alayhi wa sallam) also said: “No (Muslim) man will desert a man who is a Muslim in a place where his respect may be violated and his honor aspersed without Allāh deserting him in a place where he wishes help; and no (Muslim) man who will help a Muslim in a place where is honor may be aspersed and his respect violated without Allāh helping him in a place where he wishes his help.” [Sunan Abu Dawūd (3/4866) and authenticated by Sheikh al-Albāni in Sahīh Jāmi’ Saghīr]

Wallahu’alam

[Via Mission Islam]

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Niyyah in Solāt

The Subject of Intention

By Ibn Salih

In the name of Allāh, the Most Gracious, the Most Merciful;

All the praise and Thanks are due to Allāh, the Lord of al-ā’lamīn. I testify that there is none worthy of worship except Allāh, and that Muhammad, Sallallāhu alayhi wa sallam, is His Messenger.

 The subject of intention in Solāt is often being raised by some as to whether it should be articulate (lafaz) it out preceding the Takbiratul Ihram and following it formed again in the heart or just formed it in the heart while the Takbiratul Ihram?  The matter has indeed been long settled. The fuqahā’ were consensus that intention consist of ta’rub and ta’yin with sincerity for the sake of Allah; formed in the heart; parallel to the commencement of the Solāt when saying the Takbiratul Ihram, “Allāhu Akbar”. Scholars viewed it as recommended (mandub) act to articulate or lafaz it as to assist the Niyyah in heart. The kaifiyat of the Niyyah is, “I’m observing Solat fardhu Zuhur four raka`at for the sake Allah”. It is a recommended act; one either can do it or leave it according to one’s choice; without making an issue about it.

What follows is a discussion around the subject of intention in Solāt.

Actions are but by intention

According to the consensus of the fuqahā, the seat of intention of acts of worship is in the heart. If a person utters something by mistake that goes against what is in his heart, then what counts is what he intended, not what he had said.

There is no any difference of opinion concerning it, except when some of the later followers of Imāms ash-Shāfi’ie, Abu Hanīfah and Ahmad (rahimahullāh) expressed approval that it is mustahabb to utter the intention so as ‘to make it stronger’. Although they held that usage of verbal expression of the Niyyah is not in itself part of the Sunnah; the verbal expression preceding the niyyah is recommended (mandub) as a mean to assist in strengthening the intention of Solāt.

The hadith of ‘Umar ibn Al-Khattab (radiallāhu`anhu) that the Messenger of Allāh, (Sallallāhu `alayhi wa sallam), stated: ‘Verily actions are by intentions, and for every person is what he intended. …”  [Al-Bukhāri and Muslim] It indicates the important of Intention.

The first statement of Rasūlullāh (Sallallāhu `alayhi wa sallam), ‘verily (innamā) actions are by intention’ – indicates the condition that all actions are in need of intention.  It informs us that the correctness or incorrectness of the action is in accordance to the correctness or incorrectness of the intention, and its acceptance and rejection is according to its conclusion. The second statement of Rasulullāh (Sallallāhu `alayhi wa sallam), ‘and for everyone is what he intended’ is informing that one will not gain anything from his action except what he intended. So, if he intended good, he gets good. If he intended evil then he gets evil. Therefore the action in itself is good, or bad, or permissible is according to the intention behind it and is necessary for that action to exist. The reward of the person or his punishment is according to the intention upon which the action became righteous, or bad or permissible (mubah).

[See ‘Ihkām al-Ahkām’]

Ibn Al-Mundhir (rahimahullāh) states: “The scholars were in consensus (Ijma’) that Solāt is not accepted without niyyah (intention).” [Al-‘Ijma’, 41]

The ummah must be guarded by the reminder of Rasūlullāh (Sallallāhu ‘alaihi wa sallam) in above hadith and hadiths reported by `Aaishah (radiyallāhu`anha), “Whosoever introduces into this affair of ours that which is not part of it then it is rejected” and reported by Nu’mān bin Bashīr (radiyallāhu`anhu), “The halāl is clear and the harām is clear” are indeed fundamental in the Islām. [Bukhāri, Muslim] Rasūlullāh (Sallallāhu `alaihi wa sallam) also said, ‘Verily Allāh is pure, and does not accept except for which is pure. And indeed Allāh ordered the Muslims with that which He ordered the Messengers.’[Ahmad]

Rasūlullāh (Sallallāhu `alayhi wa sallam) commanded the ummah about Solah: “Pray as you have seen me praying.” [Al-Bukhari] It indicates the Solāt of Rasūlullāh (Sallallāhu `alayhi wa sallam) that is to be followed.

The principle of the munttaqun would always obeying Allāh and His Messenger.

The Question of Lafaz the intention

Al-Khatib Ash-Shirbini (rahimahullah) stated:

“And the niyyah is within the heart according to the consensus of the Jurists (ijma’). It does not suffice to say the intention upon the tongue while being heedless within the heart according to the Ijma’ of the Muslims, and this relates to the rest of the issues [of Solāt as well]. If one were to say the intention with the tongue and it contradicts the intention of the heart, it does not harm [the validity], such as intending the Fajar prayer while saying upon one’s tongue that one intends Dzuhur. It is recommended (mandub) to say the intention with the scheduled Solāt right before the opening Takbir for Solāt…” [Vol. 2 pg. 138 of Al-Bujayrimi ‘ala Al-Khatib, Dar Al Kutub Al-‘Ilmiyyah]

The position of the issue of articulating the intention in Solāt is two-fold: One, some Shafi`ies `ulama’ considered it as obligatory [such as the author Al-Bayan, Al Yamani]. This is regarded as a very weak view, it would be better to avoid practicing it upon the difference of opinion. Secondly, it is recommended as assistance to strengthen the heart before formulating the intention of Solāh as to be free from neurotic misgivings. [Nihayat al-Muhtaj v. 1, p. 457]

[See Al-Iqna’]

Some of the later scholars followers of Imāms Mālik, Ahmad and others (rahimahullāh), the opponent of the above view, said that it is not mustahabb to utter it, because that is a bid’ah, simply it was not reported that Rasūlullāh (Sallallāhu `alayhi wa sallam) or his Sahābah did as such or that he (Sallallāhu `alayhi wa sallam) commanded anyone among his ummah to utter the intention. If that had been prescribed then the Prophet (Sallallāhu `alayhi wa sallam) and his companions would not have neglected it, because it has to do with act of worship which the ummah does every day and night.

They also held that intention is always connected to the extent of one’s knowledge. If one knows what he is doing then he has obviously made an intention. It is unlikely that if he knows what he wants to do, that he has not formed an intention. The intention precedes action. They maintain that articulating the intention out loud and repeating it is not prescribed in Islam, rather the person raising his voice articulating the intention may disturb others, and it is incorrect action. The seat of the intention is in the heart; to be form at the commencement of the Solāt when saying the Takbir.  They uphold their view is correct as opposed to the first.

They uphold their view the Prophet (Sallallāhu `alayhi wa sallam) never pronounces the intention by the tongue. There is not a single directive of the Prophet (Sallallāhu `alayhi wa sallam), Sahābah or the Khalīfahs, to pronounce the Niyyah and followed in the heart while saying the Takbir as being done generally do. The intention is formed in the heart, to be done at the commencement of the Solāt when saying the Takbir.  The principle is that in all matters of worship, the Sunnah of the Prophet (Sallallāhu `alayhi wa sallam) must be followed exactly. This is the agreement (ittifāq) of the Imāms of the Mazhabs.

Imām An-Nawawi (rahimahullāh) said: “…and the Niyyah is within the heart, and pronouncing it before the saying of the Takbir is only a recommended (mandub).” [Al-Minhaj] An-Nawawi (rahimahullah) also states: “If one makes the intention within his heart and does not pronounce it, such is valid according to the Madzhab, as it was stated by the majority … [And] ‘our companions [from the Shafi’ies] say this [referring the opinion by Abu Abdullah Az-Zubairi] that it is obligatory to do both is an error!] [Majmu’, Vol 3 page 241]

Criterions of Niyyah

In the language of the Fuqahā’, “Intention (Niyyah)” is ‘the form of purpose (qasad) and desire (irādah)’ that ‘takes place in the heart’ encompassing ‘two elements’: Firstly distinguish the different types of acts worship, one from the other (ta’rub). Like distinguishing whether it is a ghusul, tayammum, wudhu or solāh, fasting, zakah, Or distinguishing actions of worship from actions of habit, like distinguishing the bath from impurity from the baths simply to get clean. Secondly, to distinguish the intended object of the action (ta’yin) – a fardhu or nawafil; and that it is sincerely intended for the sake of Allāh alone.

Abu Bakar ibn Abi Dunyā wrote a book, calling it, “Sincerity and intention”, and he meant this (second meaning) of intention. And it is the meaning of intention which is repeatedly mentioned in the speech of the Prophet (Sallallāhu `alayhi wa sallam), sometimes with the word niyyah, other times with the word irādah, and sometimes with words close in meaning to the above two. And the mention of intention occurs in the Qur’ān many times, by the use of words other then niyyah but with similar meaning.

Al-Qur’ān

In the Qur’ān often it describes intention with the word irādah (desire) as: “Among you are some that desire (yurīd) this world and some that desire the hereafter” [Al-Imran, 3:152];“Whosoever desires the life of this world and it’s adornment” [Hud, 11:15]; “And keep yourself patiently with those who call on their Lord, morning and evening seeking (yurīdūna) His Face, and let not your eyes overlook them, desiring the pomp and glitter of this life.” [Al-Kahf, 18:28]

Sometimes Niyyah is described with the word ibtighā (desire): “Except only the desire (ibtighā) to seek the Face of His Lord, the Most High” [Al-Layl, 92:20]; “And you spend not except seeking (ibtighā) the Face of Allāh” [Al-Baqarah, 2:272]

Ahādīth

The meaning of Niyyah in the hadith of the Prophet (Sallallāhu `alayhi wa sallam), and the Salaf generally refers to the second sense which carries the meaning of Irādah The Sunnah and statements of the Salaf to refer with the second meaning of niyyah (i.e the desire) found is a large numbers, some of them:

The Messenger (Sallallāhu ‘alaihi wa sallam) said: ‘Verily actions are by intentions, and for every person is what he intended. …” [Al-Bukhāri and Muslim]; “People will be gathered upon their intentions” [Ibn Mājah, Sahīh al-Jāmi’ no.7898]; “Mankind will be resurrected upon their intentions” [Muslim]; “Verily those slain on the battlefield will be resurrected upon their intentions” [Ibn Abi ad-Dunya]; “For the ones whose concern is this world Allāh will scatter his affair, and place poverty between his two eyes. And he will not get from the world except what is written for him. And for the one whose intention is the hereafter Allāh will gather for him his affair and place contentment in his heart, and the world will come to him willingly” [Ibn Mājah, Sahīh al-Jāmi no.6386]

The Salaf

Yahya bin Abu Kathīr said, “Learn your intention for it is more serious than the action.” ;Zayd ash-Shāmī said, “verily I like that I have an intention for everything even if it be eating and drinking” And he also said, “Have intention for everything, desiring the good, even if it be leaving for the toilet”; Sufyaan ath-Thawrī said, “I have not treated anything more difficult than my intention, because it keeps changing.”; Yusuf bin Asbāt said, “Purifying the intention from its corruption is harder upon the workers than long striving (i.e. in their work)” ;Ibn al-Mubārak said, “Maybe a small action is made great by its intention, and maybe a great action is made small by its intention”;Ibn ‘Ijlān said, “The action is not acceptable except by three: Taqwā of Allāh, and good intention, and correctness (i.e. conformity to the Sunnah)” ; Fudhayl bin ‘Iyādh said, “Allāh wishes from you only your intentions and desires (irādah)”

[See Ibn Abī ad-Dunyā in his Al-Ikhlās wa an-Niyyah]

The Solāt of Rasūlullāh (Sallallāhu `alaihi wa sallam) is commence by Takbir

Rasūlullāh (Sallallāhu ‘alaihi wa sallam) would commence the Solāt by saying:  “Allāhu Akbar” (Allāh is the Greatest) [Muslim and Ibn Mājah]. The hadīth indicates clearly that Rasūlullāh (Sallallāhu `alayhi wa sallam) did not use to commence it with some other words.  Infact Rasūlullāh (Sallallāhu `alayhi wa sallam) ordered “the man who prayed badly” to do like he did. He (Sallallāhu `alayhi wa sallam) also said: Verily, the Solāt of a person is not complete until he has made an ablution which has included the necessary parts of the body and has then said: ‘Allāhu Akbar’. [Tabārāni with a sahīh isnād] Rasūlullāh (Sallallāhu `alayhi wa sallam) would also used to say: “The key to the Solāt is purification; it is entered by takbīr and exited by taslīm.” [Abu Dāwūd, Tirmidzi and Hākim who declared it sahīh and Dhahabi agreed.]

The proper time to form attention in the heart is at the start of the Solāt when saying the Takbir. In formulating one’s intention one must specify: “that one is going to perform Solāt; specify which Solāt one is going to perform; and that intention is an obligatory part of Solāt”. [Jarhazi on al-Minhaj al-Qawim v. 1, p. 351; Tuhfat al-Muhtaj v. p. 180]

Rasūlullāh (Sallallāhu ‘alaihi wa sallam) also used to raise his voice for the takbīr such that those behind him could hear. [Ahmad and Hākim, who declared it sahīh and Dhahabi agreed.]  Accordingly, “When he fell ill Abu Bakar (radiallāhu’anhu) used to raise his voice to convey the takbīr of the Messenger (Sallallāhu ‘alaihi wa sallam) to the people.” [Muslim and Nasā’ie] As for the ma’mum, Rasūlullāh (Sallallāhu ‘alaihi wa sallam) said: “When the Imām says: Allāhu Akbar, then say: Allāhu Akbar.” [Ahmad and Baihaqi with sahīh isnād] The Takbir would indicate the commencement of Solāt and it is forbidden to indulge in anything not related in the Solāt.

Rasūlullāh (Sallallāhu ‘alaihi wa sallam) would raise his hands sometimes with the takbīr, [Bukhāri and Nasā’ie], sometimes after the takbīr [Bukhāri and Nasā’ie], and sometimes before it [Bukhāri and Abu Dawūd]. “Rasūlullāh (Sallallāhu ‘alaihi wa sallam) would raise them with fingers apart [not spaced out, nor together]” [Abu Dawūd, Ibn Khuzaimah (1/62/2, 64/1); Tammām and Hākim who declared it sahīh and Dhahabi agreed] and “he would put them level with his shoulders” [Bukhāri and Nasā’ie], although occasionally, “he would raise them until they were level with [the tops of] his ears.” [Bukhāri and Abu Dāwūd]

Rasūlullāh (Sallallāhu ‘alaihi wa sallam) commanded us: “Pray as you have seen me praying.” [Narrated by Al-Bukhari, 631] This hadith indicates the Prophet’s Solāt is the one that to be followed.

A renowned scholar Ibn Qayyim (rahimahullāh) said:

When the Prophet (Sallallāhu ‘alaihi wa sallam) would stand up for the prayer, he would say: Allāhu Akbar. He (Sallallāhu ‘alaihi wa sallam) would never say anything before this nor would he ever pronounce his Niyyah, nor would he say “I am offering this particular prayer consisting of four raka‘ahs for Allāh facing the Qiblah singularly or as an imām”, nor would he say: “[I am offering this prayer] within the stipulated time or after the stipulated time or that these are the obligatory Raka‘ahs of this time.” These ten innovations have never been narrated by anyone – not a single word of them — either as a Sahih or a Da‘if or a Musnad or a Mursal narration. There is nothing in this regard that has been narrated from the Companions of the Prophet(Sallallāhu ‘alaihi wa sallam)  and no one from among the tabi‘ien or the four imams ever regarded it as desirable.

Actually, some scholars of the later period have misinterpreted these words of Imām Shāfi‘ie (rahimahullāh), who said: “It [referring to Solāt] is not like the fasts. No one can begin it unless he pronounces [some words].” They thought that this meant the pronunciation of the Niyyah, whereas Shāfi‘ie (rahimahullāh) actually meant the pronunciation of Allāhu Akbar, which are the words that commence the Solāt. For how can Imām Shāfi‘ie (rahimahullāh)would  regard something as desirable which the Prophet (Sallallāhu ‘alaihi wa sallam) never did even in one single Solāt; and which no one from anyone of his Khalifahs and Companions did either. This is the guidance [they have provided us] and this is their practice. If we had found that a single word had been narrated by them in this regard, we would have accepted it with submission and compliance, for no guidance is more complete than their guidance and there is no established practice [in religion] except that which has been received from the Rasūlullāh (Sallallāhu ‘alaihi wa sallam).

[See Zaad al-Ma‘ad, Vol 1, p. 201]

Shaikh Sālih bin Fawzān al-Fawzān said:

Every action requires an intention due to the narration which you mentioned that the Messenger (Sallallāhu ‘alayhi wa sallam) said: “Indeed, the actions are only by intentions and indeed and every person will have that which he intended.” (Narrated by Imam Al-Bukhāri and Muslim) However, the meaning of this is not that you pronounce the intention, the meaning of it is: that you believe in your heart and intend with your heart the performance of the action for the sake of Allāh Subhanahu wa Ta’ala, and this is sufficient.

Since the place of the intention is the heart, its place is not the tongue. Hence uttering it is an innovation because it has not been established from the Prophet (Sallallāhu ‘alayhi wa sallam), nor from his Rightly-guided successors, nor his Companions, nor the favored generations that they used to pronounce the intention. Rather its place is only the heart. And Allāh Subhanahu wa Ta’ala, the Most-High says: “Say, “Will you inform Allāh of your religion while Allāh knows all that is in the heavens and all that is in the earth, and Allāh is All-Knowing of everything?” [Al-Hujarāt, 49:16] So if you intend with your heart and you resolve with your heart, then Allāh knows that. And there is no need for you to utter with your tongue.

[Majmū’ Fatāwa Fadīlatu-Shaikh Sālih bin Fawzān al-Fawzān, pg. 675]

Niyyah is a consciousness of purpose in the mind. 

Shaykh Taha Karān, a contemporary ash-Shafi‘ies scholar, said:

The niyyah is not a formula but a consciousness of purpose in the mind. As such, it does not take the form of specific words. Where it becomes difficult to form it the mind, our fuqaha have allowed it to be verbally expressed. The verbal expression of the niyyah, where recommended, is meant only to assist in fulfilling the Sunnah expressed in the hadith: “Actions are but by intention and each person will have but that which he intended.” [Al-Bukhāri and Muslim]

Making the niyyah verbally is thus more of a “crutch” the mind than an independent Sunnah. Accordingly, just as a healthy person would not need a crutch, a person who is able to maintain his mental focus on his purpose should not bother with pronouncing any sort of formula. The locus of the niyyah is the mind, and as long as the mind remains acutely conscious of the niyyah, verbal pronouncement is redundant.

If the niyyah has been properly understood as consciousness of purpose, it ought to become clear that there is really no real need for a variety of different formulations of the niyyah.  In the matter of formulating the niyyah—for those who need to formulate one—one would be better advised to stick to a simple “one size fits all” formula.

Using a variety of formulations, and an overemphasis on using the verbal “crutch” tends, ironically, to exacerbate the very problem which the aid of verbal pronouncement sought to alleviate. That problem is confusion in the mind and the lack of mental focus and composure.

[See Niyyah in Wudu by Shafi ‘ie Fiqh.com]

Summary

In the language of the scholars, “Intention (Niyyah)” is ‘the form of purpose (qasad) and desire (irādah)’ that ‘takes place in the heart’ encompassing ‘two elements’: Firstly distinguish the different types of acts worship, one from the other (ta’rub). Like distinguishing whether it is a ghusul, tayammum, wudhu or solāh, fasting, zakah, Or distinguishing actions of worship from actions of habit, like distinguishing the bath from impurity from the baths simply to get clean. Secondly, to distinguish the intended object of the action (ta’yin) – a fardhu or nawafil; and that it is sincerely intended for the sake of Allāh alone.

The same principle is applied in the Niyyah of Solāt: to distinguish the various solāt from one and another – Solāt of Dzuhur from ‘Asar; to distinguish the intended objective of the solat – a fardhu or nawafil, jama’ or qasar, mutlak, qabliyah or ba’diyah, numbers of raka’ah – sincerely for the sake of Allāh.

The intention is always attached to one’s knowledge before doing an action. If a person is aware what he is doing then he has obviously made an intention of doing the action. It is unlikely, if he knows what he wants to do, that he has not formed an intention. The intention precedes action.

The articulating of intention out loud may disturb others; anything that disturbs others is not permissible. Since actions are but by intention and each person will have but that which he intended, one may say the lafaz softly without disturbing others since its object is to assist the heart to focus in formulating the niyyah when Takbir. If one makes the intention within his heart and without the lafaz, the Solāt is valid. But the Solāt would be invalid if one lafaz the Niyyah without forming the Niyyah in the heart. Islām resolves to doing the commanded actions and all of this is perfected upon by the outwardly and inwardly actions must be done according to Sunnah.

The fuqahā’ were consensus that intention consist of ta’rub and ta’yin with sincerity for the sake of Allah; formed in the heart; parallel to the commencement of the Solāt when saying the Takbiratul Ihram, “Allāhu Akbar” and raising the hands at shoulder level. Scholars viewed it as recommended (mandub) act to articulate or lafaz it as to assist the Niyyah in heart. The kaifiyat of the Niyyah is, “I’m observing Solat fardhu Zuhur four raka`at for the sake Allah”. It is a recommended act; one either can do it or leave it according to one’s choice; without making an issue about it.

And Allāh Almighty Knows best.

 

The Rule on Neglecting the Solāh

The Rule on Neglecting the Solāh

 By Muhammad Salih Al-Uthaymeen


In the name of Allāh the Most Gracious the Most Merciful

 All Praise is due to Allāh. We praise Him, seek help from Him, ask forgiveness from Him and repent to Him; and we seek refuge in Him from our own evils and our own bad deeds. Verily, who is guided by Allāh is indeed guided; and who has been left astray will find no one to guide him. I bear witness that there is no God except Allāh, the Only One, without any partner; and I bear witness that Muhammad is His servant and His messenger, prayers and peace of Allāh be upon him and his family and companions and whoever followed their path till Day of Reckoning.

Many Muslims neglected their solāt till some of them abandoned it totally out of negligence. It is one of the grave issues that people are afflicted with it, and scholars differed about it, I decided to write what is possible to me. This message is summed in two chapters: The first chapter: The Rule on neglecting the solāt. The second chapter: The Consequences of apostasy because of neglecting solāt or any other (obligatory) deed. We ask Allāh Almighty to make us in the right path.


The First Chapter

Rule of neglecting the solāt

This issue is one of the great issues researched juristically. Scholars differed about this issue; Imām Ahmad Ibn Hanbal said: “The neglector of solāt is an infidel, infidelity gets him out of religion; he must be killed if he did not repent and solāt.” On the other hand, Abu Hanifah, Mālik and Ash-Shāfi’ie said: “He is disobedient but not infidel”, then they differed. Mālik and Ash-Shāfi’ie said: “He must be killed as punishment (to his negligence)”, and Abu Hanifah said: “He should be reprehended and should not be killed.”

As long as there is dispute about this issue, it must be referred to the Book of Allāh Almighty and the Sunnah of His Messenger (Sallallāhu’alaihi wa sallam), because Allāh almighty Says:

“Whatever it be wherein ye differ, the decision thereof is with Allah, such is Allah my Lord: In Him I trust, and to Him I turn.” [Ash-Shura, 42:10]

“O you who believe! Obey Allāh and obey the Messenger (Sallallāhu’alaihi wa sallam), and those of you (Muslims) who are in authority. (And) if you differ in anything among yourselves, refer it to Allâh and His Messenger (Sallallāhu’alaihi wa sallam) if you believe in Allâh and in the Last Day. That is better and more suitable for final determination” [An-Nisā, 4:59]

And because each holder of an opinion cannot make his saying a proof against the others, because each one sees himself as the holder of the right opinion, and none of their opinions could be given priority over the others; it became necessary to seek an arbitrator, which is the Book of Allāh Almighty and the Sunnah of His Messenger (Sallallāhu’alaihi wa sallam). And if we referred this dispute to al-Qurān and Sunnah, we would discover that both al-Qurān and Sunnah indicate the infidelity of the neglector of solāt, greater infidelity that takes out of religion.

First: Evidences from the Qurān

Allāh Almighty said in Surat At-Tawbah: “But if they repent, perform As-Salât, (Iqâmat-as-Salât) and give Zakât, then they are your brethren in religion” [Surat At-Tawbah, 9:11],

He said in Surat Maryam: “Then, there has succeeded them a posterity who have given up As-Salât (the solāts) [i.e. made their Salât (prayers) to be lost, either by not offering them or by not offering them perfectly or by not offering them in their proper fixed times] and have followed lusts. So they will be thrown in Hell. Except those who repent and believe (in the Oneness of Allâh and His Messenger Muhammad (Sallallāhu’alaihi wa sallam), and work righteousness. Such will enter Paradise and they will not be wronged in aught” [Maryam 19:59-60]

The evidence in the second verse (the verse of Surat Maryam) is the words of Allāh about the people who gave up solāt and followed lusts “Except those who repent and believe (in the Oneness of Allâh and His Messenger Muhammad (Sallallāhu’alaihi wa sallam)” and this means that they were not believers during their giving up solāt and following lusts.

The evidence in the first verse (the verse of Surat At-Tawbah) is that Allāh Almighty put three conditions for establishing brotherhood between us and the polytheists:

 1. To repent.

2. To perform solāt, and

3. To give Zakāt.

If they repented, but did not perform solāt and give Zakāt; they are not brothers for us. And if they performed solāt, but did not give Zakāt; they are not brothers for us. Actually, brotherhood in religion would not be nullified unless the person is totally out religion; it is not nullified by disobedient or lesser infidelity.

Don’t you consider the ayat of Allāh Almighty in Al-Qisâs in case of murder:”But if the killer is forgiven by the brother (or the relatives, etc.) of the killed against blood-money, then adhering to it with fairness and payment of the blood-money to the heir should be made in fairness” [Surat Al-Baqarah 2:178];

Allāh made the murderer, brother to the killed person, although killing on purpose is one of the gravest sins. Allāh Almighty says:

“And whoever kills a believer intentionally, his recompense is Hell to abide therein; and the Wrath and the Curse of Allâh are upon him, and a great punishment is prepared for him” [Surat An-Nisa, 4:93]

And do not you consider the words of Allāh Almighty about the two parties of believers who fall to fighting: “And if two parties or groups among the believers fall to fighting, then make peace between them both” till He says: “The believers are nothing else than brothers (in Islâmic religion). So make reconciliation between your brothers” [Surat Al-Hujurat, 49:9-10]

Allāh Almighty declared brotherhood between the party that makes peace and the two parties who fall to fighting, although fighting the believer is infidelity as it is mentioned in the authentic Hadīth that is reported by al-Bukhāri and others on the authority of Abdullah Ibn Mas’ud (radiallahu`anhu) that the Prophet (Sallallāhu’alaihi wa sallam) said: “Cursing Muslim is disobedience and fighting him is infidelity”

However, it is not that kind infidelity that gets the Muslim out of religion, because if it was infidelity that gets him out of the religion, he would no longer be brother in religion, and the Qur’ānic verse proofed the existence of religious brotherhood even with fighting.

Therefore, it became known that neglecting solāt is infidelity that gets the person out of the religion; because if it was just disobedience or lesser infidelity, brotherhood in religion would not be nullified because of it, as it is not nullified because of fighting the believer.

If someone said: “Do you see that the person who neglects giving Zakāt is infidel as it is understood from the verse of Surat At-Tawbah?”

We would say: “Some scholars declared the infidelity of the person who neglects giving Zākat, and it is one of two narrations on the authority of Imam Ahmad (rahimahullāh). However, our opinion is that he is not an infidel, but he should be punished severe punishment mentioned by Allāh Almighty in His Book and mentioned by the Prophet (sallallāhu’alaihi wa sallam)in his Sunnah. And among the sayings of the prophet, in this regard, is the Hadīth that is narrated on the authority of Abu Hurayrah (radiallahu`anhu) in which the prophet (Sallallāhu’alaihi wa sallam) mentioned the punishment of the neglector of giving Zakāt and said at its end: “He would then see his path, leading either to Paradise or to Hell”,

And it is reported completely by Muslim in chapter of ‘sin of one who does not pay Zakāt’. [1]

The previous proves that he is not an infidel, because if he was infidel, he would have no path to Paradise. Then the words of this Hadīth should be given priority over the meaning that is understood from the verse of Surat At-Tawbah, because the text has priority over what is understood, as it is known in Usul Al-Fiqh.

Second: Evidences from the Sunnah

1- The Prophet (Sallallāhu’alaihi wa sallam) said: “Between man, polytheism and infidelity is neglecting solāt” [Reported by Muslim in the book of faith on the authority of Jabir Ibn Abdullah direct from the Prophet, (sallallāhu’alaihi wa sallam)]

2- And it is narrated on the authority of Buraydah Ibn Al-Husaib (radiallahu`anhu) that he heard the Messenger of Allāh (Sallallāhu’alaihi wa sallam) says: “The covenant that is between us and them (i.e. the infidel people) is (observing) solāh; therefore, whoever neglects it turns to be infidel” [Reported by Ahmad, Abu Dawud, At-Tirmidzi, An-Nasāie and Ibn Mājah, authentic]

The infidelity that is mentioned here is the infidelity which gets the person out of the religion, because the Prophet (Sallallāhu’alaihi wa sallam) made solāt distinction between the believers and infidels, and it is known that infidelity is contrary to Islām; therefore, whoever does not adhere to this covenant is infidel.

3- And it is reported in Sahīh Muslim on the authority of Umm Salamah (radiallahu`anha) that the Prophet (Sallallāhu’alaihi wa sallam) said: “In the near future there will be rulers and you will be aware of their good deeds and their bad deeds. One who sees through their bad deeds (and tries to prevent their repetition by his band or through his speech), is absolved from blame, but one who hates their bad deeds (in the heart of his heart, being unable to prevent their recurrence by his hand or his tongue), and is (also) safe (so far as God’s wrath is concerned). But one who approves of their bad deeds and imitates them is spiritually ruined.” People asked: “Shouldn’t we fight against them?” He replied: “No, as long as they observe solāts.”

4- Also, it is reported in Sahih Muslim on the authority of ‘Auf Ibn Malik (radiallahu`anhu) that the Prophet (Sallallāhu’alaihi wa sallam) said: “The best of your rulers are those whom you love and who love you, who invoke God’s blessings upon you and you invoke His blessings upon them. And the worst of your rulers are those whom you hate and who hate you and whom you curse and who curse you.” It was asked (by those present): “O Messenger of Allāh, shouldn’t we overthrow them with the help of the sword?” He replied: “No, as long as they establish solāt among you.”

• In the last two ahadīth there is a proof for overthrowing the rulers and fighting them with the sword if they did not establish solāt, and it is not allowed to overthrow the rulers or fight them unless they commit what is clear infidelity, because Ubadah Ibn As-Samit (radiallahu`anhu) said: “The Messenger of Allāh (Sallallāhu’alaihi wa sallam) called us and we took the oath of allegiance to him. Among the injunctions he made binding upon us was: Listening and obedience (to the ruler) in our pleasure and displeasure, in our adversity and prosperity, even when somebody is given preference over us, and without disputing the delegation of powers to a man duly invested with them (Obedience shall be accorded to him in all circumstances) except when you have clear signs of his disbelief in (or disobedience to) God-signs that could be used as a conscientious justification (for non-compliance with his orders)” [Agreed upon]

Thereupon, when the rulers neglect solāt, which the Prophet (Sallallāhu’alaihi wa sallam) suspended overthrowing and fighting them with the sword because of it, they turn to be clear infidels we have God-signs could be adhered to for fighting them.

• Moreover, it is not mentioned in the Sunnah that the neglector of solāt is not infidel or that he is believer. What is mentioned in this concern are texts refer to the merits and rewards of monotheism (i.e. bearing witness that there is no God except Allāh, and that Muhammad is the Messenger of Allāh); such texts are either restricted with restrictions in the same text prevent neglecting solāt or restricted with special situations give excuses for not praying; or they are general texts could be seen as evidences for the infidelity of whoever neglects solāt, because the evidences of the infidelity of the neglector of solāt are special evidences, and the special evidences have priority over the general evidences.

• If someone said: “Could not the texts that refer to the infidelity of the neglector  of solāt be about the one who neglects it for not believing that it is obligation?!” We would say: “This is not allowed because it has two contraventions:

The first: Neglecting the description that is described by the legislator and upon which the ruling is suspended

• The legislator suspended the ruling on neglecting not on believing in the obligation; moreover, it made brotherhood in religion result of performing solāt not believing in its being obligation. Allāh Almighty did not say: “But if they repent and believed in the obligation of solāt”, and the Prophet (sallallāhu’alaihi wa sallam) did not say: “Between man, polytheism and infidelity is denying the obligation of solāt”, or say: “The covenant that is between us and them is declaring the obligation of solāt; therefore, whoever denies it turns to be infidel”; if this was what Allāh Almighty and His Messenger said, saying other than that would be contrary to the exposition that Qurān came with. Allāh Almighty says: “And We have sent down to you the Book (the Qurān) as an exposition of everything” [Surat An-Nahl 16:89],

And He almighty addressed His Prophet by saying: “And We have also sent down unto you (O Muhammad (Sallallāhu’alaihi wa sallam) the Dzikir [reminder and the advice (i.e. the Qurân)], that you may explain clearly to men what is sent down to them” [Surat An-Nahl, 16:44]

The second: Putting a description the legislator did not suspend the rule upon it

• Denying the obligation of performing the five solāts makes the person (who is not excused because of ignorance) infidel, whether he performed or did not do solāt. If a person performed the five solāts completely (i.e. by doing all their requirements and obligatory and desirable acts) while not believing in their being obligation (without an excuse), he would be infidel, although he did not neglect solāt.

• Therefore, it became clear that understanding these texts as indicators to neglecting solāt because of denying its obligation is not correct. The authentic saying is that whoever neglects solāt is infidel, such infidelity gets him out of the religion, as it is reported frankly by Al-Monzery on the authority of Ubadah Ibn As-Samit (radiallahu`anhu)  that he said: “the Messenger of Allāh (Sallallāhu’alaihi wa sallam) recommended us seven qualities, he said: ‘associate no partner with Allāh even if you were cut, burned or crossed, and do not deliberately neglect solāt, because whoever neglects it deliberately is out of the religion.’” [Al Monzery said: It is narrated by two good chains of transmission]

• Moreover, if we considered that these texts are talking about denying the obligation of solāt, there will be no use for mentioning solāt in specific; because this is a general rule applies to denying the obligation of Zakāt, fasting and Hajj – whoever denies one of these obligations is infidel as long as he is not excused with ignorance. Moreover, the infidelity of the neglector of solāt is not result to the written evidence only; rather it is also result to the logical evidence.

• How could a person have faith while neglecting solāt which is the pillar of religion and which there are texts encourage each sane believer to hurry to performing it?! Also, there is threat for neglecting it makes every sane believer aware of neglecting it. Thereupon, neglecting solāt after that does not leave the neglector with any faith.

• If someone said: Is it not possible that the infidelity of the neglector of solāt is ungratefulness, not infidelity that gets him out religion? Is not possible that this infidelity is lesser infidelity that differs than the greater infidelity?! Then it would be like the saying of the Prophet (Sallallāhu’alaihi wa sallam): “Two things people do although they are of infidelity; defamation and crying upon the deceased”,

And his saying: “Cursing a Muslim is disobedience and fighting him is infidelity” [Narrated by Al-Bukhari], and the like sayings.

We would say: This is not correct for reasons:

First: The Prophet (Sallallāhu’alaihi wa sallam) made solāt divider between infidelity and faith, and between the believers and infidels. The divider distinguishes between the two parties and does not allow any of them to mix with the other one.

Second: Solāt is one of the pillars of Islām; therefore, describing its neglector with infidelity means that it is the infidelity that gets the person out of the folds of Islām; because whoever neglects it had demolished one of the pillars of Islām, and this is not like describing whoever committed an act of infidelity with infidelity.

Third: There are other texts referred to the infidelity of the neglector of solāt as infidelity gets him out of religion. Therefore, the other texts should be understood in the same way to have compatibility between the texts.

• Sheikh Al-Islam, Ibn Taymiyah commented in his book at the saying of the Prophet (sallallāhu’alaihi wa sallam): “There are two things people do although they are infidelity” by saying: “He meant by saying (they are of infidelity) the two things; however, not every act of infidelity turns its doer to be infidel, an infidelity that gets him out of the religion, just as not doing any act of belief turns the person to be believer.” (Iqtidā’ As-Sirāt Al-Mustaqīm)

• Therefore, as long as it is proven that the neglector of solāt, without excuse, is infidel, an infidelity that gets him out of the religion, according to the above mentioned evidences; the authentic opinion is the opinion of Imam Ahmad Ibn Hanbal, which is also one of the two opinions which are narrated about Ash-Shafi’ie, according to Ibn Kathir in explaining the meaning words of Allāh Almighty: “Then, there has succeeded them a posterity who have given up As-Salât (the prayers) [i.e. made their Salât (prayers) to be lost, either by not offering them or by not offering them perfectly or by not offering them in their proper fixed times] and have followed lusts” [Surat Maryam 19:59]

And Ibn Al-Qayim mentioned in the book of solāt that it is one of the two opinions of the Shafi’ie School and that it is reported by At-Tahawy on the authority of Ash-Shafi’ie himself.

In addition to that, the majority of the companions hold that opinion; rather some scholars reported that there was consensus between the companions upon this opinion.

• Abdullah Ibn Shaqiq said: “The companions of the Prophet (Sallallāhu’alaihi wa sallam) did not see a deed being neglected turns the believer to an infidel except solāt” [Reported by At-Tirmidzi and authenticated by Al-Albāni]

• Ishaq Ibn Rahawih, the well-known imam, said: “It is narrated on the authority of the Prophet (Sallallāhu’alaihi wa sallam) that the neglector of solāt is infidel, and people of knowledge, from the time of the Prophet (Sallallāhu’alaihi wa sallam) till our present day, also saw that the neglector of solāt deliberately with no reason till the end of its time is infidel.”

• Ibn Hazam mentioned that this was the opinion of ‘Umar, Abdurrahman Ibn ‘Auf, Mu’adz Ibn Jabal, Abu Hurayrah and other companions, and he said: “And we know none of the companions disagreed with those”. This is reported by Al-Munthiry (in At-Targhib Wa At-Tarhib), and he added, from among the companions; Abdullah Ibn Mas’ud, Abdullah Ibn Abbas, Jabir Ibn Abdullah and Abu Ad-Darda (radiallāhu`anhum), and he added also, from among the scholars; Ahmad Ibn Hanbal, Ishaq Ibn Rahawih, Abdullah Ibn Al-Mubarak, An-Nakhaie, Al-Hakam Ibn Utaibah, Ayub As-Sikhtiany, Abu Dawud At-Tayalisi, Abu Bakar Ibn Abu Shaibah, Zuhair Ibn Harb and others.”

• If someone said: “What are the refutations of the evidences of those who see that the neglector of solāt is not infidel?

We would say: “Their evidences do not say that the neglector of solāt would not be infidel or that he is believer or that he will not enter Hell or that he is in Paradise …etc. On the other hand, whoever considers these evidences would find that they fall under one of five segments all of them do not repute the evidences of who said that he is infidel.

The first segment: Weak Ahādīth (i.e. unauthentic Ahādīth) whoever mentioned them tried to cling to it but in vain.

The second segment: What does not relate to the issue; like those who draw a conclusion from the words of Allāh Almighty: “Verily, Allâh forgives not that partners should be set up with Him (in worship), but He forgives except that to whom He wills” [An-Nisa, 4:48]

Actually, His saying: “except that” means ‘what is less than that, and does not mean ‘anything else’, because whoever denies the words of Allāh and His Messenger is infidel, an infidelity that would not be forgiven although it is not setting up partners with Allāh. And on the assumption that “except that” means ‘anything else’; it would be general text restricted by the texts that show infidelity because of things other than setting up partners with Allāh and the infidelity that gets the person out of religion for doing a sin would not be forgiven although it is not setting up partners with Allāh.

The third segment: General texts are restricted with the ahādīth that declare infidelity of whoever neglects solāt; this is like the saying of the Prophet (sallallāhu’alaihi wa sallam)in the Hadīth that is narrated on the authority of Mu’adz  Ibn Jabal (radiallahu`anhu): “There is no servant that bears witness that there is no God except Allāh and that Muhammad is His servant and His Messenger but Allāh makes him unlawful to Hell.” [Narrated by Muslim]

This Hadīth had been narrated by similar words on the authority of Abu Hurayrah, Ubadah Ibn As-Samit and Itban Ibn Malik (radiallāhu`anhum).

The fourth segment: General texts are restricted with what cannot be done in case of neglecting solāt. This is like the saying of the Prophet (Sallallāhu’alaihi wa sallam) in the Hadīth that is narrated on the authority of  ‘Itban Ibn Mālik (radiallahu`anhu): “Verily Allāh has forbidden the Fire for one who says ‘there is no God except Allāh’ thereby seeking Allāh’s pleasure” [Reported by Al-Bukhari], and the saying of the Prophet (Sallallāhu’alaihi wa sallam )in the Hadīth that is narrated on the authority of Muadz Ibn Jabal (radiallahu`anhu): “There is no servant bears witness that there is no God except Allāh and that Muhammad is His Messenger, sincerely from his heart, but Allāh makes him unlawful to Hell” [Reported by Al-Bukhari]

• Actually, restricting observance of solāt by bearing witness of monotheism with sincerity prevents from neglecting solāt, because when anybody says it sincerely, his sincerity would certainly lead him to performing solāt. Solāt is the pillar of Islām and the connection that is between the servant and his Lord; and if he was sincere in seeking Allāh’s pleasure, he must surly do whatever enables him to gain that and avoid whatever prevents him from this purpose. Also, whoever sincerely bears witness that there is no God except Allāh and that Muhammad is the Messenger of Allāh, this sincerity must lead him to performing solāt sincerely for the sake of Allāh Almighty and for obeying the Messenger of Allāh (sallallāhu’alaihi wa sallam, because this is one of the requirements of this sincere witness.

The fifth segment: Texts are restricted with situations that give excuse for not performing solāt; this is like the Hadīth reported by Ibn Mājah on the authority of Hudzaifa Ibn Al-Yaman that the Messenger of Allāh (Sallallāhu’alaihi wa sallam) said:“Islām will disappear gradually as the embroidery of clothes disappears …”  till he said: “and there will remain people, like the old and aged persons, say: we found our fathers say the word of ‘there is no God except Allāh’ Lā illāha ilallāh thereupon we say it.” Silah said: “What would ‘there is no God except Allāh’ do for them while they do not know solāt, fast, Hajj or charity?” thereupon Hudzaifah turned away his face from him, but Silah repeated his saying three times and Hudzaifah continued turning away his face from him; when it was the third time, Hudzaifa said: “O Silah, it saves them from Hell” three times. [Authenticated by Al-Albani]

• Those that had been saved from Hell by ‘Lā illāha ilallāh’ had an excuse for not performing the obligations of Islām; because they knew nothing about them and what they did is their best. They are like those who died before having the obligations of religion enjoined or before having ability to do them; this is like the person who dies after bearing witness of faith before having time to do the obligations of Islām, or the person who converted to Islām during his stay in country of infidels and then died before knowing about the obligations of Islām.

• The final word is that the evidences of those who see that the neglector of solāt is not infidel do not stand in face of the evidences of those who see that he is infidel, because the evidences of the first are either weak (not clear) or not proof or restricted with situations give excuse for not performing solāt or general texts others made exceptions to declare his infidelity!

• As long as it became clear (by the sound strong evidence that cannot be refuted) that he is infidel; it became necessary to apply the rules of infidelity and apostasy upon him as natural consequence, because the rule stands with its reason.


The Second Chapter

Consequences of apostasy because of neglecting solāt or any other (obligatory) deed


• There are rules relate to the worldly life and others relate to hereafter occurs as consequences to apostasy.

First: among the rules that relate to the worldly life:

1 – Lapse of guardianship: He could not be given guardianship in something is for Muslims only; thereupon, he cannot have guardianship over his young children (or the children of others) or hold the marriage of his daughters (or the daughters of others).

Our jurists (radiallāhu`anhum) had cleared in their digested and lengthened books that the guardian must be Muslim as long as he hold the marriage of Muslim woman, and they said: “There is no guardianship for infidel man over Muslim woman.” Also, Ibn ‘Abbas (radiallāhu`anhum) said: “There is no marriage without reasonable guardian, and the highest and supreme of reason isIslām while the lowest and most foolish is infidelity and apostasy; Allāh almighty says: “And who turns away from the religion of Ibrâhîm (Abraham) (i.e. Islâmic Monotheism) except him who befools himself?”” [Surat Al-Baqarah 2:130]

2 – Not having the right of inheriting his relatives: Because the infidel does not inherit the Muslim and the Muslim does not inherit the infidel; it is narrated on the authority of Osama Ibn Zaid (radiallahu’anhum) that the Prophet (sallallāhu’alaihi wa sallam)said: “The Muslim does not inherit the infidel nor the infidel inherits the Muslim” [Reported by Al-Bukhari and Muslim and others]

3 – Preventing him from entering Makkah and its sacred house: Allāh Almighty says: “O you who believe (in Allâh’s Oneness and in His Messenger Muhammad (Sallallāhu’alaihi wa sallam))! Verily, the Mushrikûn (polytheists, pagans, idolaters, disbelievers in the Oneness of Allâh, and in the Message of Muhammad (Sallallāhu’alaihi wa sallam)) are Najasun (impure). So let them not come near Al-Masjidal-Harâm (at Makkah) after this year” [Surat At-Tawbah, 9:28]

4 – Making the animals of cattle that are slaughtered by him unlawful: This is applied upon camels, cows and sheep and the other beasts that cannot be lawful without lawful slaughtering. Among the requirements of lawful slaughtering is that the slaughter should be Muslim or Jewish or Christian; the animal that is slaughtered by apostate, polytheist, Magus and others is not lawful.

•Al-Khazin said in his Tafsir: “They held consensus upon the prohibition of having the slaughtered animals of the Magus and all polytheists, whether they are Arab polytheists, pagans or people do not believe in a Book.”

•Imam Ahmad said: “I know nobody saying other than this unless he is among those who make new creations in religion.”

5 – Prohibition of performing solāt al-janazah upon him after his death and prohibition of asking forgiveness and mercy for him: Allāh almighty says: “And never (O Muhammad prayers and peace of Allāh be upon him) pray (funeral solāt) for any of them (hypocrites) who dies, nor stand at his grave. Certainly they disbelieved in Allâh and His Messenger, and died while they were Fâsiqûn (rebellious, – disobedient to Allâh and His Messenger)” [Surat At-Tawbah, 9:84],

And He almighty says: “It is not (proper) for the Prophet and those who believe to ask Allâh’s Forgiveness for the Mushrikûn (polytheists, idolaters, pagans, disbelievers in the Oneness of Allâh), even though they be of kin, after it has become clear to them that they are the dwellers of the Fire (because they died in a state of disbelief). (113) And Ibrâhîm’s (Abraham) invoking (of Allâh) for his father’s forgiveness was only because of a promise he [Ibrâhîm (Abraham)] had made to him (his father). But when it became clear to him [Ibrâhîm (Abraham)] that he (his father) is an enemy of Allâh, he dissociated himself from him. Verily Ibrâhîm (Abraham) was Awwah (one who invokes Allâh with humility, glorifies Him and remembers Him much) and was forbearing.” [Surat At-Tawbah, 9:113-114]

•Asking forgiveness and mercy for the person who died upon infidelity, for any reason, is a kind of transgression in invocation, mocking Allāh and abandoning the way of the Prophet and the believers. How could a person, believing in Allāh and the Final Day, seek forgiveness and mercy for a person died in infidelity and he is enemy to Allāh Almighty? Allāh the Exalted and Glorious said: “Whoever is an enemy to Allâh, His Angels, His Messengers, Jibrîl (Gabriel) and Mîkâ’îl (Michael), then verily, Allâh is an enemy to the disbelievers” [Surat Al-Baqarah 2: 398]. Allāh Almighty declared in this verse that He Almighty is an enemy to all disbelievers.

It is obligation upon the believer to declare innocence of every infidel; Allāh Almighty says: “And (remember) when Ibrâhîm (Abraham) said to his father and his people: “Verily, I am innocent of what you worship, (26) except Him (i.e. I worship none but Allâh Alone) Who did create me; and verily He will guide me.”” [Surat Az-Zukhruf 43:26-27],

And He almighty says: “Indeed there has been an excellent example for you in Ibrâhîm (Abraham) and those with him, when they said to their people: “Verily, we are free from you and whatever you worship besides Allâh: we have rejected you, and there has started between us and you hostility and hatred for ever until you believe in Allâh Alone”” [Surat Al-Mumtahanah, 60:4]

And to follow the way of the Messenger of Allāh (Sallallāhu’alaihi wa sallam); Allāh almighty says: “And a declaration from Allâh and His Messenger to mankind on the greatest day (the 10th of Dhul-Hijjah – the 12th month of Islâmic calendar) that Allâh is free from (all) obligations to the Mushrikûn” [Surat At-Tawbah, 9:3]

•Among the strongest ties of faith is to love for the sake of Allāh, hate for the sake of Allāh, take people as supporters for the sake of Allāh and take others as enemies for the sake of Allāh; in order be a true follower to the pleasure of Allāh the Exalted and Glorious in your love, hate, support and enmity.

6- Preventing him from marrying the Muslim woman: Because he is infidel and the Muslim woman is not lawful for the infidel according to the text and consensus; Allāh Almighty says: “O you who believe! When believing women come to you as emigrants, examine them; Allâh knows best as to their Faith, then if you ascertain that they are true believers send them not back to the disbelievers. They are not lawful (wives) for the disbelievers nor are the disbelievers lawful (husbands) for them” [Surat Al-Mumtahnah, 60:10]

The author of Al-Moghny said (6/592): “There is no disagreement between the scholars about the prohibition of the women and slaughtered animals of all infidels except the People of Book.” He added: “And it is unlawful to marry the apostate woman regardless of her religion, because she did not take the rules of the people of the religion that she converted to.”

And he said in the chapter of the apostate (8/130): “And if he married, his marriage would not be sound, because he is not given permission to marry, and this leads to considering it unlawful marriage like the marriage of the infidel man to Muslim woman.”

Hence, you see that he declared the prohibition of marrying the apostate woman and the nullification of the marriage of the apostate man. But what is the situation if apostasy occurred after the marriage?!

The author of Al-Moghny said (6/298): “If one of the couples became apostate before starting the marital life, the marriage contract would be nullified at once, and none of them would inherit the other. However, if he became apostate after starting the marital life, then there are two opinions; one of them makes separation urgent while the other asks for ending the ‘Iddah.”

The author of Al-Moghny said (6/639): “Nullification of marriage because of apostasy before starting the marital life is the saying of the majority of scholars and they have evidences for that saying. As for its being nullified at once if apostasy occurred after starting the marital life, it is the view of Mālik and Abu Hanifah. And as for its being suspended upon the end of ‘Iddah it is the view of Ash-Shafi’ie.”

This means that the four imams agree upon the nullification of marriage because of the apostasy of one of the couples. If apostasy occurred before starting the marital life, marriage should be nullified at once; however, if it occurred after starting the marital life, Mālik and Abu Hanifah see that it would be nullified at once, while Ash-Shafi’ie sees that they would wait till Iddah ends. And there are two opinions narrated on the authority of Imam Ahmad are similar to the above mentioned opinions.

The author of Al-Moghny said (6/640): “If the husband and wife became apostate together, their ruling is the same; as if just one of them became apostate. If it occurred before starting the marital life they would be separated at once; however, if it was after starting the marital life, there are two opinions, and this is held by Ash-Shafi’ie. Then it is narrated that Abu Hanifah said that their marriage should not be nullified, because their religion did not become different religions and it is like as if they became Muslims.” However, the author of Al-Moghney refuted his analogy.

As long as it became clear that marrying the apostate person is not sound marriage for the Muslim, whether it is male or female, and this is according to the understood meaning of the Book and Sunnah, and it became clear that the neglector of solāt is infidel according to the Book and Sunnah and the sayings of the majority of the companions. It is clear that if the man who does not pray married Muslim woman, his marriage is not sound and this woman is not lawful to him because of this marriage; and if he repented to Allāh Almighty and returned to Islām, he must renew the contract of marriage. The same is applied to the woman if she was the one who does not pray.

This is not the same as the marriages of the infidels during their infidelity. When an infidel man marries an infidel woman, then she converts to Islām, the contract of marriage will be nullified if her convert to Islām was before starting the marital life. However, if it was after starting the marital life, the contract would not be nullified, but she has to wait the convert of her husband during the time of her ‘Iddah; if he converted to Islām before the end of ‘Iddah, she would be his wife; otherwise, she is no longer his wife, because the contract of marriage had been nullified from the time of her convert to Islām.

At the time of the Prophet (Sallallāhu’alaihi wa sallam) infidels were used to convert to Islām with their wives, and the prophet (Sallallāhu’alaihi wa sallam) was used to confirm their marriages unless there is reason for nullifying the marriage, like their being unmarriageable relatives married when they were magus; in such case the Prophet would separate between them after their convert to Islām because of the existence of a reason for prohibition.

This question is not like the question of the Muslim who became infidel because of neglecting solāt and then married Muslim woman. The Muslim woman is not lawful for the infidel according to the text and consensus as it is mentioned previously, even if the infidel was not apostate person. Therefore, if an infidel married Muslim woman, this marriage is nullified and they must be separated; however, if he converted to Islām and wanted to return to her, this could not be done without new marriage contract.

7- Rule of the children of the neglector of solāt whom are from a Muslim wife: As for the mother, they are her children anyway. However, as for the man; according to those who see that the neglector of solāt is not infidel, they are his children anyway, because his marriage is sound. But according to those who see that the neglector of solāt is infidel, which is the most authentic opinion as it is mentioned in the first chapter, there are considerations:

If the husband did not know that his marriage is not sound, or does not think so; the children are his, because his sexual intercourse with his wife, in this case, is lawful in his opinion, and it will be considered as case of doubt, and such cases prove the parentage.

On the other hand, if the husband knows that his marriage is nullified and thinks so, the children will not be his; because they are created from the semen of a person sees that his sexual intercourse is unlawful for having it with a woman is not allowed for him.

Second: Rules of hereafter that are consequences to apostasy

1 – The angels scold and tongue-lash him: Allāh Almighty says: “And if you could see when the angels take away the souls of those who disbelieve (at death); they smite their faces and their backs, (saying): “Taste the punishment of the blazing Fire. (50) This is because of that which your hands had forwarded. And verily, Allâh is not unjust to His slaves.”” [Surat Al-Anfal, 8:50-51]

2 – He would be resurrected with the people of infidelity and polytheism because he is one of them: Allāh Almighty says: “(It will be said to the angels): “Assemble those who did wrong, together with their companions and what they used to worship, Instead of Allâh, and lead them on to the way of flaming Fire (Hell)” [Surat As-Saffat, 37:22-23]. Companions here the people that are alike in deeds.

3- Immortality in hellfire: Allāh Almighty says: “Verily, Allâh has cursed the disbelievers, and has prepared for them a flaming Fire (Hell). (64) Wherein they will abide forever, and they will find neither a Walî (a protector) nor a helper. (65) On the Day when their faces will be turned over in the Fire, they will say: “Oh, would that we had obeyed Allâh and obeyed the Messenger (Muhammad prayers and peace of Allāh be upon him)” [Surat Al-Ahzab, 33:64-66]

Here, we ended what we intended to say in this grave issue, which many people are afflicted with.

Gate of repentance is still open for whoever wants to repent; therefore, dear Muslim brother, hurry to returning to Allāh the Exalted and Glorious in sincerity for Him Almighty and regret upon what you did and determination upon not returning and augmentation to the acts of obedience “Except those who repent and believe (in Islâmic Monotheism), and do righteous deeds; for those, Allâh will change their sins into good deeds, and Allâh is Oft-Forgiving, Most Merciful. (70) And whosoever repents and does righteous good deeds; then verily, he repents towards Allâh with true repentance” [Surat Al-Furqan, 25:70-71]

I ask Allāh Almighty to facilitate for us our affairs in the right way and guide us all to His straight path; the path of those on whom Allāh has bestowed His Grace, of the Prophets, the Siddiqûn (those followers of the Prophets who were first and foremost to believe), the martyrs, and the righteous; not (the path) of those who earned His Anger nor of those who went astray.

Footnote:

[1] Abu Hurairah reported Allāh’s Messenger (Sallallāhu’alaihi wa sallam) as saying: If any owner of gold or silver does not pay what is due on him, when the Day of Resurrection would come, plates of fire would be beaten out for him; these would then be heated in the fire of Hell and his sides, his forehead and his back would be cauterized with them. Whenever these cool down, (the process is) repeated during a day the extent of which would be fifty thousand years, until judgment is pronounced among servants, and he sees whether his path is to take him to Paradise or to Hell. It was said: Messenger of Allāh, what about the camel? He (the Holy Prophet) said: If any owner of the camel does not pay what is due on him, and of his due in that (camel) is (also) to milk it on the day when it comes down to water. When the Day of Resurrection comes a soft sandy plain would be set for him, as extensive as possible, (he will find) that not a single young one is missing, and they will trample him with their hoofs and bite him with their mouths. As often as the first of them passes him, the last of them would be made to return during a day the extent of which would be fifty thousand years, until judgment is pronounced among servants and he sees whether his path is to take him to Paradise or to Hell. It was (again) said: Messenger of Allāh, what about cows (cattle) and sheep? He said: It any owner of the cattle and sheep does not pay what is due on them, when the Day of Resurrection comes a soft sandy plain would be spread for them, he will find none of them missing, with twisted horns, without horns or with a broken horn, and they will gore him with their horns and trample him with their hoofs. As often as the first of them passes him the last of them would be made to return to him during a day the extent of which would be fifty thousand years, until judgment would be pronounced among the servants. And he would be shown his path-path leading him to Paradise or to Hell. It was said: Messenger of Allāh, what about the horse? Upon this he said: The horses are of three types. To one than (these are) a burden, and to another man (these are) a covering, and still to another man (these are) a source of reward. The one for whom these are a burden is the person who rears them in order to show off, for vainglory and for opposing the Muslims; so they are a burden for him. The one for whom these are a covering is the person who rears them for the sake of Allāh but does not forget the right of Allāh concerning their backs and their necks, and so they are a covering for him. As for those which bring reward (these refer to) the person who rears them for the sake of Allāh to be used for Muslims and he puts them in meadow and field. And whatever thing do these eat from that meadow and field would be recorded on his behalf as good deeds, as would also the amount of their dung and urine. And these would not break their halter and prance a course or two without having got recorded the amount of their hoof marks and their dung as a good deed on his behalf (on behalf of their owner). And their master does not bring them past a river from which they drink, though he did not intend to quench their thirst, but Allāh would record for him the amount of what they drink on his behalf as deeds. It was said: Messenger of Allāh, what about the asses?, Upon this he said: Nothing has been revealed to me in regard to the asses (in particular) except this one verse of a comprehensive nature: “He who does an atom’s weight of good will see it, and he who does an atom’s weight of evil will see it”. [Sahih Muslim]

Wallahu’alam.

[Compiled by Muhammad Al-Salih Al-Uthaimin, Al-Watan House; Translated by Wathakker Website; en.wathakker.net via Islām Way]

The virtues of Sunnah Mu’akkadah Prayers

 

The Virtue and times of Regular Sunnah Mu’akkadah

I would like to know whether you wait for the time of the prayer before praying any Sunnah which comes before it; or whether these Sunnah are prayed before the time for the prayer enters. If so; how long before a prayer can you pray the Sunnah which comes before it? For example, could I pray the 4 rak’ah Sunnah which comes before Asar 3 hours before the time for Asar enters? Or do I wait for the time of Asar to enter and then pray the 4 Sunnahs after the time for Asr has entered and follow them immediately by the fardhu rak’ats?.

In the Name of Allah, the Most Gracious, the Most Merciful;

All the praise and thanks are due to Allah, and Peace and Blessings of Allah be upon His Messenger.

Categories of regular Sunnah Mu’akkadah prayers

The regular Sunnah prayers fall into two categories:

  • Sunnahs which are done before the fardhu prayer i.e two rak’ahs before Fajr and four before Zuhur.
  • Sunnahs which are done after the fardhu prayer i.e two rak’ahs after Zuhur, two rak’ahs after Maghrib and two rak’ahs after ‘Isha’.

Many hadiths mentioned the virtues of optional Solah as the Prophet (Sallallāhu ‘alaihi wa sallam) said:

  • “Prostrate as much as you can, because whenever you prostrate, Allah elevates your rank by a degree and wipes out a sin from your record” (Muslim).
  • In another narration: “Whenever a servant prostrates to Allah, Allah writes a reward for him, wipes out one of his sins and elevates his rank by one degree; so prostrate as much as you can” (Ibn Majah).

The way to perform Solah is as the Prophet (Sallallāhu ‘alaihi wa sallam) described:

  • “The night Solah is done two (raka’ahs) at a time” (Al-Bukhari)
  • “The optional Solah at night and during the day is done two Raka’ahs at a time” (Ahmad, Ibn Majah and others).

Virtues of Sunnah Mu’akkadah Prayers

In term of its virtue, Umm Habibah (radiallahu `anha) narrated that The Prophet (Sallallāhu ‘alaihi wa sallam) in which he said:

“Whoever is regular with twelve Rak’ah of Sunnah (prayer, Allāh will build a house in Paradise:  (as follows): 4 Rak’at before and 2 after the Dzuhur (Midday) Prayer, 2 after the Maghrib (Sunset Prayer), 2 after the ‘Ishā’ (Evening) Prayer and 2 before the Fajr (Dawn) Prayer.”

[Hadith sahih narrated by at-Tirmidzi No. 415 (Sahih) and by others. Hadith No. 6183 in Sahih al-Jāmi’]

The time frame for a Sunnah

The time frame for a Sunnah prayer that comes before a fardu prayer is from the beginning of the time for that prayer, until the iqāmah.

The time for a Sunnah prayer that comes after a fardu prayer is from after the Salam at the end of the fardhu prayer until the end of the time for that prayer.

Ibn Qudāmah (rahimallah) said: “The time for every Sunnah prayer that comes before a fardhu prayer is from the beginning of the time for that prayer, until the prayer is done, and the time for every Sunnah prayer that comes after a fardhu prayer is from after the prayer is done until the end of the time for that prayer.”

[Al-Mughni, 2/544]

Based on this, it is not correct to pray the Sunnah prayer before the time for the fardhu prayer begins; rather you should wait until the time for that prayer comes, then pray it.

The ‘Asar (Late-Afternoon) Prayer

The ‘Asar (Late-Afternoon) Prayer has no routine Sunnah (basic recommended voluntary prayer). However, it is mustahab (preferable and recommended) that one prays 4 rak’at before the ‘Asar Prayer. The 4 rak’ahs are of less reward and significance in importance of adhering to them compared to the “Sunnan al-Rawātib” described above. The 4 rak’at are the ones intended by the Prophet (Sallallāhu ‘alaihi wa sallam) in saying:

“May Allāh have mercy on one who prays 4 raka’at before the ‘Asar Prayer.”

[Narrated by at-Tirmidzi no. 430, reported by Ibn Umar and he declared it a Hassan and gharīb Hadith. Al-Albāni rated the Hadith as Hassan in Sahih al-Jami’ No. 3493]

All the foregoing 4-rak’ah voluntary prayers are to be prayed two at a time according to Imam ash-Shafi’ie and Imam Ahmad (rahimahumullah).

And Allaah Almighty Knows best.

[Adapted from the Islam QA (Fatwa Nos: 33779; 1048)]

The Issue raising voice in dzikir after Solah

The Issue raising voice in dzikir after Solah

[I acquire this article on the issue which I would like to share with my fellow visitors; so much has been spoken about the issue but I found it rather as  a non-issue]

Ruling on raising the voice in dzikir after the Solah

Some brothers raise their voices in dzikir after the solah, especially Fajar prayer, based on the hadith of Ibn ‘Abbas and others, to such an extent that they disturb other worshipers. When they are reminded about it they say: They are following the Sunnah we would not be disturbing others. Are they correct? Should the others raise their voices when among them there are uneducated people and elderly people who cannot keep up with the group? How much the voice should be raised?

In the name of Allah, Most Gracious, Most Merciful.

All the praise and thanks is due to Allah, Subhanahu wata`ala. Peace and blessings be upon His Messenger and his family.

The fuqaha’ differs in opinion with regard to raising the voice in dzikir after the solah. Some were of the view that it is Sunnah and some regarded it as makruh and said that the Prophet (peace and blessings of Allah be upon him) did not do that all the time; he only did that in order to teach people, then he would stopped doing it.

The difference of opinion stemmed from the reports narrated from Abu Ma’bad, the freed slave of Ibn ‘Abbas, that Ibn ‘Abbas (may Allah be pleased with him) told him that people used to raise their voices in dzikir when they completed an obligatory prayer at the time of the Prophet (peace and blessings of Allah be upon him).

Ibn ‘Abbas said: “I used to know when they had finished (the prayer) by that, when I heard it”. [Al-Bukhari (805) and Muslim (583)] According to another report from Ibn ‘Abbas who said:”We knew when the prayer of the Messenger of Allah (peace and blessings of Allah be upon him) had finished from the takbir”. [Narrated by al-Bukhari (806) and Muslim (583)]

They also differed as to whether this indicated something that was done all the time or otherwise, and whether it went against the command of Allah which says: “And remember your Lord within yourself, humbly and with fear and without loudness in words in the mornings and in the afternoons, and be not of those who are neglectful” (al-A’raf 7:205).

But among those who favoured raising the voice in dzikir after prayer were al-Tabari, Ibn Hazam, Shaikh al-Islam Ibn Taymiyah and others.  And among those who were of the view that it was for teaching were al-Shafi’e and the majority.

Al-Shafi’e (may Allah have mercy on him) said:

My view is that the imam and the person praying behind him should remember Allah after they finish praying, but they should recite dzikir in a low voice unless he is an imam who is to be learned from, in which case he should recite in a loud voice until he thinks that it has been learned from him, then he should recite quietly, because Allah says: “And offer your solah (prayer) neither aloud nor in a low voice” [al-Isra’ 17:110] , meaning – and Allah knows best –it is the dua’; “neither aloud” means do not raise your voice and “nor in a low voice” means, so low that you cannot hear yourself.

I think that what Ibn al-Zubayr narrated about the tahlil (reciting Laa ilaaha ill-Allaah) of the Prophet (peace and blessings of Allah be upon him), and what Ibn ‘Abbas narrated about his takbir is like what we have mentioned above. Al-Shafi’e said: I think he only raised his voice a little in order to teach the people, because most of the reports that we have quoted do not mention reciting tahlil or takbir after saying the taslim.

Some reports say that dzikir was recited after the prayer, as I have described, and some say that he did not recite any dzikir after prayer.

Umm Salamah stated that the Prophet s.a.w would stay after the prayer and she did not refer to any dzikir out loud, and I think he s.a.w only stayed to recite some dzikir that was not done out loud.

[Al-Umm (1/127)]

Ibn Hazam (may Allah have mercy on him) said: Raising the voice in takbir following every prayer is good.

[Al-Muhalla (3/180)]

Al-Bahooti said in referring to Ibn Taymiyyah view regarding reciting dzikir out loud as mustahabb:  Ibn Taymiyah said: It is mustahabb to recite tasbih, tahmid and takbir out loud following every prayer. [Kashshaf al-Qina’ (1/366]

A contemporary scholar Shaikh Muhammad ibn Salih al-‘Uthaymeen (may Allah have mercy on him) was asked about the ruling on this issue and he replied:

It is a Sunnah to recite dzikir out loud following the obligatory solat.

This is indicated by the report narrated by al-Bukhari from the hadith of ‘Abdallah ibn ‘Abbas (may Allah be pleased with him), that the people used to recite dzikir out loud when they finished obligatory prayers at the time of the Prophet (peace and blessings of Allah be upon him). He said: I used to know when they finished (the solat) by that, when I heard it.

This was also narrated by Imam Ahmad and Abu Dawud. In al-Saheehayn it is narrated that al-Mughirah ibn Shu’bah (may Allah be pleased with him) said: I heard the Prophet (peace and blessings of Allah be upon him) say when he finished the prayer: “Laa ilaaha ill-Allaah wahdahu laa shareeka lah… (There is no god but Allah alone, with no partner or associate…).”

And words cannot be heard unless the speaker says them out loud.

Shaikh al-Islam Ibn Taymiyah (may Allah have mercy on him) and a number of the earlier and later generations favoured this view, based on the hadiths of Ibn ‘Abbas and al-Mughirah (may Allah be pleased with them). Reciting out loud is general and applies to every dzikir that is prescribed after solah, whether it is tahlil (saying Laa ilaaha ill-Allah (there is no god but Allah), tasbih (saying Subhaan Allah (Glory be to Allah), takbir (saying Allahu akbar (Allah is Most Great) or tahmid (saying Al-hamdu Lillaah (praise be to Allah), because of the general meaning of the hadith of Ibn ‘Abbas. There is no report from the Prophet (peace and blessings of Allah be upon him) to suggest differentiating between tahlil and other dzikir, rather in the hadith of Ibn ‘Abbas it says that they would know that the prayer of the Prophet (peace and blessings of Allah be upon him) had ended from the takbir. Thus, the view of those who say that the voice should not be raised in tasbih, tahmid and takbir is refuted.

With regard to those who say that raising the voice in these dzikir is an innovation (bid’ah), they are wrong. How can something that was known and practiced at the time of the Prophet (peace and blessings of Allah be upon him) be a bid’ah?

Shaikh Sulayman ibn Sahman (may Allah have mercy on him) said: It has been proven that the Prophet (peace and blessings of Allah be upon him) did that and approved of it, and the Sahabah used to do that at the time of the Prophet (peace and blessings of Allah be upon him) after he taught it to them, and he approved of them doing it, so they acted upon the teachings of the Messenger (peace and blessings of Allah be upon him); they did it and he approved of that after teaching them and he did not criticize them.

As for the argument that reciting out loud is disapproved because of the verse “And remember your Lord within yourself, humbly and with fear and without loudness in words in the mornings and in the afternoons” [al-A’raf 7:205], we say: the one who was enjoined to remember his Lord within himself, humbly and with fear, was the same one who used to recite dzikir out loud following obligatory prayers. Does the one who says this know better what Allah meant than His Messenger did?  Or does he believe that the Messenger (peace and blessings of Allah be upon him) knew what was meant but went against it? Moreover, the verse speaks of dzikir at the beginning and end of the day (“in the mornings and in the afternoons”), not the dzikir that is prescribed following prayers.

In his Tafsir, Ibn Kathir interpreted reciting out loud as meaning too loud or extremely loud.

As for the argument that reciting out loud is disapproved because of the words of the Prophet (peace and blessings of Allah be upon him): “O people, take it easy”, the one who said “O people, take it easy” is the same one who used to recite dzikir out loud following the prescribed prayers. There is a place for each situation, and truly following means following every text when appropriate.

Moreover, the context of the phrase “take it easy” indicates that they used to raise their voices in a manner that caused them hardship, hence he said “take it easy”, i.e., be kind to yourselves and do not exhaust yourselves; there should be no hardship or undue effort in reciting dzikir out loud.

As for the one who says that it disturbs others, it may be said to him: If you mean that it disturbs those who do not have the habit of doing that, once the believer understands that it is Sunnah, it will no longer disturb him. If you mean that it disturbs other worshipers, then if there is no one among the worshipers who joined the prayer late and is making up what he missed, then the raising of voices will not disturb them at all, which is what actually happens, because they are all taking part in it. But if there is someone among them who joined the prayer late and is making up what he missed, if he is so close to you that you will be disturbing him, then you should not recite so loudly as to disturb him, so that he will not become confused in his prayer, but if he is far away from you then he will not be disturbed by your reciting out loud.

It is clear that the Sunnah is to raise the voice in dzikir following the obligatory prayers, and that does not go against any sahih text or sound opinion.

When voices are mingled with one another then there will be no disturbance, as you can see on Fridays when the people all read Qur’an out loud, then someone comes and prays and he is not disturbed by that.

What matters is the correct view. It is a Sunnah to recite the dzikir following the prayers in the manner prescribed, and it is also a Sunnah to recite it out loud not in the manner it would not annoys others or that is an impropriate. During the time of the Messenger (peace and blessings of Allah be upon him); when the people raised their voices in dzikir when they were coming back from Khaibar, he (s.a.w) said: “O people, take it easy.” The hadith indicate that raising the voice that that does not cause hardship or annoyance.

[Majmu’ Fatawa al-Shaykh Ibn ‘Uthaymeen (13/247, 261)]

It is clear that the matter is broad in scope, and that the difference of opinion is an ancient matter. The view mentioned by the Shaikh Ibn ‘Uthaymeen (may Allah have mercy on him) about raising the voice is a sound. It should be raised in a manner that does not cause annoyance to others.

We must recognize the dividing line what is the Sunnah and what is not; the Sunnah must be always upheld.

May Allah Guide us  towards the Right Path.

And Allah knows best.

[Via Islam Q&A (87768) with minor modification]

It’s equivalent to spending the whole night in prayer.

Whoever stands with the imam until he has completed Solah al-Tarawih; it is equivalent to spending the whole night in prayer.

One of the imams stated that it is essential to complete Tarawih prayer with the imam and not to leave halfway through, because what you have done with him, whether it is a two raka’ahs or four, will not count for you. Is this correct?

In the name of Allah, Most Gracious, Most Merciful;

All the praise and thanks is due to Allah, Subhanahu wata`ala. Peace and blessings be upon His Messenger.

It is undoubtedly incorrect for the imam to hold the view that it is essential to complete solat al-Taraweeh with the imam and not to leave halfway through because what you have done with him will not be counted. Such an action is not permissible for anyone to attribute to something that is not part of it. Allah has forbidden us to speak of Him without knowledge, as He says:

“Say (O Muhammad): (But) the things that my Lord has indeed forbidden are Al Fawahish (great evil sins and every kind of unlawful sexual intercourse) whether committed openly or secretly, sins (of all kinds), unrighteous oppression, joining partners (in worship) with Allaah for which He has given no authority, and saying things about Allah of which you have no knowledge”

[Al-A’raf 7:33]

But it is whoever stands with the imam until he has completed Solah al-Tarawih; it is equivalent to spending the whole night in prayer.

The hadith was narrated that Abu Dharr (may Allah be pleased with him) said: The Messenger of Allah (peace and blessings of Allah be upon him) said:

“Whoever stands with the imam until he finishes, it is equivalent to spending the whole night in prayer.”

[Narrated by al-Tirmidzi, 806; Abu Dawud, 1375; al-Nasa’ie, 1605; Ibn Majah, 1327; Classified as sahih by al-Tirmidzi, Ibn Khuzaymah (3/337), Ibn Hibban (3/340) and al-Albani in Irwa’ al-Ghalil, 447]

This reward (the reward of spending the whole night in prayer) is not attained by anyone except the one who stands with the imam for the whole prayer, until he completes it, as the Prophet (peace and blessings of Allah be upon him) said.

As for the one who prays as much as he can and then leaves before the imam has completed his prayer, only what he has prayed will be recorded for him, but it will not be recorded as if he spent the entire night in prayer.

Allah says:

“So whosoever does good equal to the weight of an atom (or a small ant) shall see it. And whosoever does evil equal to the weight of an atom (or a small ant) shall see it”

[Al-Zalzalah, 99:7-8]

And Allah knows best.

[Excerpted from Islam QA (65501)]

He may still qasar while waiting matters to be resolved

If a traveller unspecific stays in a place awaiting something to be f resolved may still Shorten the Prayers

Sayyid Sabiq

Question: I am travelling for a month and then going back home; am I allowed to pray qasar (to shorten my  prayer), taking into consideration that I know in advance that I am going for a defined period, or should I pray in the normal way?

In the Name of Allah, Most Gracious, Most Merciful;
All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.

The basic principle is that the traveller who is actually travelling is the one who is granted a concession allowing him to shorten the four-rak’ah prayers.

Allah subhanahu wata`ala says:

“And when you (Muslims) travel in the land, there is no sin on you if you shorten As-Salah (the prayer)”

 [Al-Nisa’, 4:101]

And Ya’la ibn Umayyah (radiallahu’anhu) said: I said to ‘Umar ibn al-Khattab (radiallahu`anhu):

 “ ‘And when you (Muslims) travel in the land, there is no sin on you if you shorten As-Salah (the prayer) if you fear that the disbelievers may put you in trial (attack you),’” ‘Umar ibn al-Khattab said: I wondered the same thing as you, and I asked the Messenger of Allah (sallallahu ‘alaihi wa sallam ) about it, and he said: “It is a charity that Allah has bestowed upon you, so accept His charity.”

 [Narrated by Muslim]

 If a traveller unspecific, stays in a place awaiting something to be fulfilled or resolved, he still may shorten his prayer, for he is considered a traveller.

 Generally speaking, the shortening or qasar the prayer while travelling is a legal concession provided by syari’ah that portrays tolerance and simplicity in matters of worship. The Prophet (sallallahu ‘alaihi wa sallam) used to shorten his prayer whenever he was on a journey. He (s.a.w) is reported to have said:

“Allah likes His servants to undertake the legal concessions given to them in the same way as He likes them to observe their obligations.”

 The late Azharite scholar Sheikh Sayyid Sabiq (rahimahullah) states the following: A traveller is allowed to shorten his prayer. If he stays in a place awaiting something to be fulfilled, he still may shorten his prayer, for he is considered a traveller, even if he stayed for years.

Ibn Al-Qayyim (rahimahullah) maintains that if a traveller intends to stay in a place for a specific period, he may shorten the prayer, because staying in a place during the journey for either a long or a short period does not nullify the state of travelling. This is provided that the traveller did not intend to reside in the place permanently.

 There are many legal opinions and they are summed up by Ibn Al-Qayyim (rahimahullah), who finally confirms his own opinion saying:

“It is proven that the Prophet (s.a.w) stayed in Makkah during the year of the Conquest for nineteen days, during which he shortened his prayers, and he stayed in Tabuk for twenty days to fight the Christians, and he led his companions in shortened prayers, because he had not resolved to stay, rather his intention was to leave once he had finished his business”

The Sahabah (radiallahu’anhum) Qasar solah when travelled for jihad

 The Sahabah (radiallahu’anhu) did not travel for a vacation for months. Rather they would travel for jihad for the sake of Allah, or to seek knowledge, or to seek a halal provision, and other religious and worldly interests, such as Ibn ‘Umar (radiallahu’anhu) who stayed in Azerbaijan for six months, and snow kept him from entering, and he shortened his prayers.

Thus, staying in a place, in the course of travelling, whether for a long or a short period, is considered part of the journey of the traveller, so long as he does not intend to stay in such a place on a long-term basis.

 This is an issue of debate between both precedent and antecedent jurists and scholars.

 Imam Ahmad maintains that if a traveller intends to stay in a place for four days, he has to perform the whole prayer. And if he intends to stay for a shorter time, he may shorten it.

The Malikis and the Shafi’es considers that if a traveller intends to stay in a place for more than four days, he has to perform the whole prayer. If he intends to stay there for less than four days, he is allowed to shorten it.

Imam Abu Hanifah and Al-Layth Ibn Sa`ad (rahimahullah) agree that a traveller has to perform the whole of his prayer if he intends to stay in a place for fifteen days, and he may shorten if he stays for less than that.

 The four main schools of fiqh agree that if a traveller stays in a place awaiting something but he doesn’t know when it will be done, he can shorten his prayer.

 But, the Shafi’es maintains that in such a case, a traveller can shorten his prayer for a period up to seventeen or eighteen days, but no more.

Now, you can shorten your prayer until you return to your home.

 As for joining two prayers in the time of one of them, it is allowed by all jurists except those pertaining to the Hanafi School. They agree that performing two prayers in the time of one of them is permissible in three cases: while travelling, when the weather conditions are bad and rainy, and when people gather at `Arafat and Muzdalifah during Hajj.

 Accordingly, a traveller may join Zuhur and `Asar prayers in the time of one of them, and Maghrib and `Isha’ in the time of one of them, all in the course of his journey.

 No need to make up the shortened prayers.

 The Standing Committee was asked about a person who was sent by Europe, who stayed there for nearly one and half years and he shortened his prayer.

 They replied: You do not have to make up the prayers that you shortened or delayed or joined with other prayers, because it is possible that you may come under the heading of travelling.

[And there is no makeup for solah, for those negligently missed it. Solah is done within the appointed time. Qasar is a concession within a frame of time, either taqdim or ta’khir]

But in the future you should pray the four-rak’ah prayers in full and offer every prayer on time, because the ruling of travel no longer applies to you, because you have resolved to stay, and you have resolved to stay for more than four days. So you have to pray in congregation if possible, and do not pray alone.

 [Fatawa al-Lajnah al-Da’imah (8/155)]

 And Allah Almighty knows best.

 [Excerpted with modification from Islam Online, Ask about Islam, published April 7, 2003]