Madinat al-Muslimeen Islamic Message Board
|07/03/01 at 01:27:07|
All Praise is due to Allah,
We Praise Him, and seek His help and forgiveness.
We seek refuge in Allah, Most High,
from the evils of our own selves and from our wicked actions.
Whomsoever has been guided by Allah, none can misguide him,
and whomsoever has been misguided by Allah, none can guide him.
I bear witness that there is no true God worthy of being worshipped except Allah, alone, having no partner.
And I bear witness that Muhammad is His true slave and Messenger.
That the most truthful speech is that of Allah’s Book and that the best of guidance is that of Muhammad (s.A.w.). The worst of evils are innovated ones, and every innovated matter is a Bid’ah, and every Bid’ah is a misguidance, and every misguidance is in the Hell Fire.
"And there is no sin on you if you make mistake therein, except in regard to
what your hearts deliberately intend. Yet Allah is Forgiving, Merciful" (33:5)
One must not do Qasr when one is not travelling. So it must be made clear
here that activities involving work, lectures or exam, while residing, does
not warrant the use of Qasr. Jama’ can be used only as a license and not as
a habit when one is nevertheless a resident. Here the questioner should
specify further about the destination, because if the destination is not
part of your resident and is still part of your journey, combining the
prayers is warranted according to most Fuqaha. On the contrary, if the
destination is your resident, and you arrive at the earlier time, then there
is no need to combine, since there is no longer a genuine excuse. Ibn
Qudamah says, "If someone performs both prayers at the time of the earlier
one and then his reason for doing so ceases to exist, then this is
sufficient for him and he need not repeat the second prayer when the second
time begins. Therefore he is not required to do anything. He completed his
obligation at a time in which he had some genuine excuse, and his action is
not invalidated by the fact that this excuse no longer exists. This is
similar to the case of a person who performs Tayammum, and after he finishes
his Solah, he finds water, in which case he does not have to repeat his Solah."
Another relevant point here is the intention one makes. Having the intention
is not a condition (Shar’t) for combining (Jama’) or shortening (Qasr) the
Solah. Ibn Taimiyah says that this is the position of the majority of the
Fuqaha. He says: "When the Prophet (s.A.w.) did Jama’ or performed Qasr with
his Sahabah, he never ordered any of them to make the intention for Jama’ or
Qasr. In fact, when he left Madinah for Makkah, he prayed 2 Raka’ah without
combining the Solah (Qasr without Jama’), and he prayed the Dhuhor prayer at
‘Arafah without telling the people that he intended to pray ‘Asr right
afterward. And then he prayed the ‘Asr with them while they did not have the
intention to combine the prayers, and this was Jama’ Taqdim. And when he
left Madinah, he led the people in the ‘Asr Solah at Dhul-Hulaifa with two
Raka’ah and he did not order them to make the intention to do Qasr."
In this article there are 2 sections. The first section is about shortening
the prayers, Qasr and the second is about combining the prayers, Jama’.
"It will not be held against you when you travel into the world should you
shorten prayer, if you fear those who disbelieve may harass you." (4:101)
Ya’la ibn Umaiyyah said to Umar ibn al-Khattab "Explain to me why the people
shorten the Solah when Allah says "when you travel into the world should you
shorten prayer, if you fear those who disbelieve may harass you", for those
days are gone now! Umar said "I wondered about that too and I mentioned that
to the Prophet (s.A.w.) and he said:
"This is a charity that Allah, the Highest, has bestowed upon you, so accept
As for Qasr it is curtailing the prayers or shortening the prayers
consisting of 4 Raka’ahs. This concession is given for every traveller and
not for residents and this is agreed by all the Fuqaha. (See Bidayat ul
In Fiqh al-Islam wal Adillatuh (2/341) the author relates the wisdom behind
the legislation of Qasr: "The Hikmah of having Qasr is to avoid from
difficulties and obstacles faced by the Musafir which might occur, in order
to make it easier to perform the Rights of Allah, by doing the obligatory
acts and to hamper any escape from doing the obligatory performance. With
this Rukhsah (concession), people should not have any excuses or reasons to
leave the Fard Prayers."
According to Ibn Rushd, the majority of Fuqaha differed over Qasr on five
points. In order to examine the Shurut (conditions) of Qasr, in an orderly
fashion, we will go through using the points mentioned by ibn Rushd, and
these are mainly all the Shurut of Qasr:
1. The Hukm of Qasr.
2. The distance of the journey.
3. The kind of journey.
4. The point from which the Musafir may commence Qasr.
5. The duration for which is permissible for the Musafir to continue Qasr,
once he has settled.
1. The Hukm of Qasr:
One will find that in any books of Fiqh, the Fuqaha disagrees about the Hukm
of Qasr, whether it is a Rukhsah (concession) or an ‘Azimah (strictness).
>From Ibn Umar (r.a.) he said: "I accompanied Rasul Allah (s.A.w.) on a
journey, and he did not add extra in his Solah more than 2 Raka’ah, and so
did Abu Bakr, Umar and Uthman. (Bukhari, Muslim & Others)
It is related from Aishah that she said: "I accompanied the Prophet (s.A.w.)
in Umrah during Ramadhan, and then he broke his fast while I kept mine, and
he did Qasr while I completed my Solah, then I asked: By my father and my
mother, why is it that you broke your fast while I kept fasting and you
performed Qasr while I completed mine, then he answered: That is only good,
Aishah." (Daraqutni - Sanad is Hasan)
Ibn Rushd concludes after looking at all the evidences saying "All this
indicates leniency, exemption, and the removal of hardship, and not that
Qasr is obligatory or a Sunnah….But the evidence arising from the acts of
the Prophet (s.A.w.) conflicts with the rational meaning because it has been
reported that the Prophet (s.A.w.) shortened his prayers in all his
journeys, and it has never been proved authentically that the Prophet had
ever offered the complete prayer during a journey…..It therefore follows
that it is either, wajib mukhayyar (an obligation with an option) or it is a
Sunnah or it is a determined obligation for the traveller."
As-Shaukani says: "One should know that the Ulama’ disagree whether Qasr is
obligatory or Rukhsah, and whether Tamam or Itmam (completing the prayer) is
more preferred. From what we have gathered, it seems that the opinion which
is stronger is that it is obligatory to do Qasr. If we assume the Hadith of
Aishah is Sahih, we could certainly use that as a Dalil but that Hadith
could not be used as a proof because it contradicts with what is related
from Bukhari and Muslim and others."
In al-Ikhtiyarat, Ibn Taimiyah says: "And there is no statement from any of
the Sahabah who did not do Qasr while travelling during the time of the
Prophet (s.A.w.), where the Hadith of Aishah cannot be used as a Hujjah
because it does not meet the requirements."
In Huda an-Nabawiyy, Ibn al-Qayim says: "Whenever the Prophet (s.A.w.)
travelled, until he returned to Madinah, the Prophet (s.A.w) would pray only
two Raka’ah for the prayers that consisted of four, except Solat ul Maghrib.
Verily Maghrib is the Witr (odd) during the day time. And it is not
confirmed that he ever prayed four Raka’ah (while a Musafir), and none of
the Imam differ on this point, although they differ about the Hukm on Qasr."
In Fiqh us Sunnah, as-Sayyid Sabiq says: "Umar, Ali, Ibn Mas’ud, Ibn Abbas,
Abdullah Ibn Umar, Jabir and the Hanafi scholars says that it is Fard
(obligatory) to do Qasr while travelling. The Maliki school holds that it is
Sunnah while is even more Ta’kid (stressed) than the Jama’ah prayers. …The
Hanbali school holds that it is preferred for the person to do Qasr rather
than to pray Tamam. The Shafi’i school has a similar opinion, that is only
if the person have travelled a sufficient distance."
However, in Subul as-Salam, as-Sana’ni relates that the opinion of
as-Shafi’i and a small group of Ulama’ as: "The Qasr is only a Rukhsah and
the Solah of Tamam is more afdhal." In Sharah al-Muhadzdhab, according to
Imam Nawawi, the most appropriate view is that it is excellent to shorten
the prayer in a journey. And Allah knows best.
2. The distance of the journey:
In this second point, the Fuqaha disagreed widely. Ibn Rushd says: "Malik,
as-Shafi’i, Ahmad and a large group of Fuqaha held that prayer is to be Qasr
during a journey of 4 Barids (about 48 miles). Abu Hanifa, his disciples and
the Kufis said that the minimum for Qasr is a journey of 3 days or when
travelling from one region to another. The Zahiri said that Qasr is
permitted for each journey, whether to a near or distant place."
In Minhaj al-Muslim, Abu Bakr al-Jaza’iri says: "The Prophet (s.A.w.) did
not particularise for the distance in which Qasr is prescribed. But the
audience of the Sahabah and the followers and the Imams looked to distances
which the Prophet (s.A.w.) had done Qasr, they found it to be around 4 Barids."
According to Ibn Rushd, the opinion of 4 Barids is related from Ibn Umar and
Ibn Abbas, and has been reported from Malik. The opinion about 3 days is
related from Ibn Mas’ud, Uthman and others. He also says "The reason for
their disagreement stem from the conflict of the rational meaning with the
words. Rationally speaking, the reason why travelling may include Qasr is
based in hardship that exists, as in the case of fasting during travel. If
this is the case, then, Qasr is permissible whenever hardship is found while
Ibn Hajr relates from Ibn Mundhir and others, that they have mentioned more
than 20 opinions on this point—a small group among them states that the
distant travelled should be at least a day and night and a larger group of
them states that as long as the traveller is outside of the city. The
shortest distance which has been mentioned is 3 miles. This is what was
recorded by Ibn Abi Shaibah, with a Sahih Isnad, on the authority of
Abdullah Ibn Umar.
Yahya bin Yazid al-Hana’i said: "I asked Anas Ibn Malik about Qasr and he
said: ‘The Prophet (s.A.w.) would pray 2 Raka’ah if he had travelled a
distance of 3 miles or Farasikh’."
Ibn Hajr then comments on this Hadith by saying: "This is the most authentic
Hadith that states and clarifies this point. Ibn Hazm uses this Hadith and
argues that one should not perform Qasr if the distance is less than 3 miles."
"Those who oppose this view, uses the Hadith of Anas to mean that the
Prophet (s.A.w.) would start doing Qasr after 3 miles of travel and not that
the 3 miles is the absolute distance needed to do Qasr. This is how wide the
interpretation is. And as-Shafi’i, Malik, al-Laith, al-Auza’i and other
Fuqaha among the ahl-Hadith and others are having the opinion that one
cannot perform Qasr unless the distance for travelling is 2 Marhalah or 48
Hashimite Miles (16 Farasikh) as was stated by an-Nawawi. And Imam Bukhari’s
opinion is the distance of a day and night’s travel." (Fath al-Bari 4/579)
Anas bin Malik is reported that he said: "I observed 4 Raka’ah in the Dhuhor
prayer with the Prophet (s.A.w.) at Madinah, and offered 2 Raka’ah in the
‘Asr prayer at Dhul-Hulaifa."
Commenting on this Hadith as-Shaukani says: "This Hadith is used as a Dalil
for allowing to perform Qasr in a short journey because Dhul-Hulaifa is only
6 miles from Madinah. Apart from that, Dhul-Hulaifa was not the final
destination. He had undertaken the journey for Makkah, and Dhul-Hulaifa was
the first habitation where he reached at the time of the ‘Asr prayer where
he did Qasr and from then he continuously did Qasr until he reached Madinah
again. Know that, indeed, there is a long Khilaaf (disagreement) among the
Ulama’ regarding the distance allowed to perform Qasr. There is a Hadith
from Ibn Abbas which states: ‘O people of Makkah, do not perform Qasr while
travelling less than 4 Barids from Makkah till Asfan.’ But this Hadith could
not be used as a Hujjah because it was only a statement made by Ibn Abbas."
(Nayl al-Awtar 2/1518)
Ibn Taimiyah says: "One is allowed to perform Qasr in any ‘travelling’,
which falls within the linguistic definition of the word ‘travel’ be it long
or short and the specific distance is not known. This was the conclusion of
the Zahiri and is supported by Ibn Qudamah in al-Mughni and by Ibn Aqil and
also by some Muta’akhirin Ulama’ of the Hanbal and Shafi’i school and this
opinion was also related from some of the Prophet’s companion."
Imam Abul Qasim al-Kharqi’s says in al-Mughni:
"I do not find any proof for what those scholars say. The statements of the
Sahabah are contradictory, and they are not a (conclusive) proof if they
differ. Something has been related from Ibn 'Umar and Ibn 'Abbas (4 Barids)
which differs from what these scholars use as a proof. Even if that were not
the case, their statements do not constitute a proof when a statement or
action of the Prophet himself exists. Even if their statements were
accepted, we would not be able to follow the distance they mentioned due to
the following two reasons.
One, they differ from the Sunnah that has been related from the Prophet and
from the clear meaning of the Qur’an, as the clear meaning of the verse
allows one to shorten one's Solah if one makes any journey upon the earth.
Allah says: ‘If you journey on the earth, there is no blame upon you if you
shorten your prayer.’ The condition of there being fear has been deleted as
can be seen in the Hadith we recorded from Ya'la ibn Umaiyyah, and what
remains is the clear meaning of the verse which covers every type of
journey. The Prophet (s.A.w.) said: ‘The traveller may wipe over his socks
for a period of 3 days.’ This shows the length of time that one may wipe
over the socks and it cannot be used as a proof in the present case. One
could argue that travelling is less than a 3-day journey on the basis ob the
Hadith: ‘It is not allowed for any woman who believes in Allah and the last
day to travel a journey of one day except in the presence of a male relative.’
Two, the question of the distance to be travelled is one that may only be
answered by some sort of revelation from Allah, the Exalted in the Qur'an or
Sunnah. It is not the type of issue that one may address on the basis of
personal reasoning (Ijtihad), nor is there any way to derive an analogy. The
proofs that exist support the opinion that shortening the Solah is
permissible for every traveller, unless there is some consensus to the
contrary." And Allah knows best.
3. The kind of journey:
In Umdat us Salik wa Uddat al-Nasik, it is written: "Someone whose journey
constitutes an act of disobedience, such as a woman travelling against her
husband’s wishes, may not perform Qasr but must perform Tamam instead." This
was the opinion of Malik and as-Shafi’i. They permitted Qasr in all Mubah
(permissible) journeys and excluded journeys undertaken for evil design.
Although Abu Hanifa, al-Thawri and Abu Thawr allowed Qasr for any kind of
journey whether for seeking nearness, Mubah or for evil design. Ahmad only
allowed Qasr for journeys undertaken to seek nearness to Allah such as Hajj,
Umrah or Jihad. And Allah knows best.
4. The point from which the Musafir may commence Qasr:
Al-Imam Malik stated in al-Muwatta that Solah are not to be Qasr until the
person has left the dwellings area on the outskirts of the city.
Sayyid Sabiq relates that the Jumhur (majority) from the scholars are of the
opinion that it is permissible to perform Qasr when one leaves one’s
residence and is outside of one’s city, and this is a Shar’t (condition),
and he is not to resume Tamam until he returns back to the first houses of
his city. Ibn al-Mundhir says: "I do not know of the Prophet (s.A.w.) doing
Qasr during any of his travels until after he had left Madinah." And then
Sayyid Sabiq quoted the Hadith of Anas which said that the Prophet (s.A.w.)
performed Qasr at Dhul-Hulaifa. Then he continued: "Some of the Ulama’ of
Salaf (early scholars) say that if one makes the intention to travel, he may
shorten his Solah even if he is in his house." And Allah knows best.
5. The duration for which is permissible for the Musafir to continue Qasr,
once he has settled:
This is, unfortunately another area in which there are numerous opinions yet
very little proof for those opinions.
Yahya bin Abi Ishaq reported: "I heard Anas bin Malik saying: ‘We went out
from Madinah to Makkah with the Prophet (s.A.w.) and he prayed two Raka’ah
at each time of prayer till we returned to Madinah’. Yahya bin Abi Ishaq
asked: ‘For how long did he stay in Makkah?’ Anas said: ‘For ten days’."
Jabir bin Abdullah said "The Prophet (s.A.w.) stayed at Tabuk for twenty
days; he performed Qasr during his stay."
Imran bin Hussein said: "I went on an expedition with the Prophet (s.A.w.).
and I was present with him at the conquest. He stayed eighteen days in
Makkah and prayed only two Raka’ah (Qasr). And he said : ‘You who live in
the town must pray four for we are travellers."
The opinion of Malik and as-Shafi’i is that if the Musafir decides to stay
for four days he is to offer the Tamam prayers. Abu Hanifa and Sufyan
al-Thawri are of the opinion that if he decides to stay for a period of 15
days he is to offer the Tamam prayers. And Ahmad says that if one decides to
stay for more than four days he is to offer the complete prayers. Ibn Rushd
says, the reason for these disagreement arises from the fact that the matter
is not expressly stated in the Law, and using Qiyas (analogy) for such
prescription is deemed weak by all. (Bidayat al-Mujtahid 1/357)
As-Shaukani says: "From what is true, someone who stops in a town, while
travelling and intends to become a resident (Mukim) for a number of days,
then he can no longer be called a Musafir, and for that reason he has to
perform the complete (Tamam) prayers."
According to Ibn al-Qayim, in Zad al-Mad, if a traveller intends to stay at
a certain place, he should offer his prayer in full. But if he does not
intend to stay, but vacillate to depart from that place, he should shorten
the prayer, no matter how long he remains in this condition. He says: "The
Prophet (s.A.w.) stayed in Tabuk for twenty days and during that time he
performed Qasr and he did not say that one may not do Qasr if he stays
longer than that, although there is agreement that he stayed there (Tabuk)
for that period."
Nafi’ related that "Abdullah Ibn Umar was in Azerbaijan for 6 months,
because there was snow blocking the pass, he would pray 2 Raka’ah (Qasr)."
Hafs ibn Ubaidullah says: "Anas ibn Malik stayed in as-Sham for two years
and he prayed the Qasr." Anas relates that: "The Sahabah of the Prophet
(s.A.w.) stayed in Rum Hurmuz for 7 months and they did Qasr." Al-Hassan
reports: "I stayed with Abdur Rahman ibn Samurah for two years in Kabul, and
he did Qasr but did not do Jama’". A Musafir may do Qasr as long as he is on
a journey. The four Imams agree that if one has some need to take care of
and always has the intention of leaving the next day, then he do Qasr for as
long as he is in that state. But according to one narration from as-Shafi’i,
one may do so only for 17 or 18 days and he is not to do Qasr after that
time. Ibn al-Mundhir states in his Ishraf: "The people of knowledge (Ulama’)
are in agreement that a Musafir may perform Qasr as long as he does not
intend to stay in a place, even though he stays there for years. This is the
guidance of the Prophet (s.A.w.) and his companions, and this is the correct
position. (Fiqh us Sunnah 2/219)
Another related topic is that if one arrives at a place where he would be a
potential resident, such as visiting a wife or a property (such as farms),
even if that is not his original resident, then one should complete his
Abdullah bin Zubair reported that the prophet (s.A.w.) said: "When a person
marries in a town, he should observe the prayer of a resident (Tamam)."
Ibn Abbas said that "If one of you sees his wife or his property, therefore
complete your prayer as a resident does." According to Imam Ahmad, if a
Musafir passes a town in which his wife is residing or if he has some sort
of property, then he should offer the complete prayers unless if he is short
of time, then he could perform Qasr. This report was given by al-Muwaffaq in
al-Mughni and this is also the opinion of Ibn Abbas.
Meanwhile, az-Zuhri says: "Whenever someone passes through a farm which he
owns, then it is obligatory for him to pray the complete prayers (Tamam)."
Al-Imam Malik says; "Whenever one passes through a district where his wife
or his property is located, then it is obligatory to complete his prayer,
even if he plans to stay there for only one day and night."
Ibn al-Qayim says, "Uthman (r.a.) had married in Makkah and their residence
of in-laws is to be treated as one’s own residence and one ceases to be a
traveller, and this was the explanation which Uthman himself gave when an
objection was raised against him, for not doing Qasr while in Makkah,
sometime during his Caliphate." (Zad al-Mad 1/269)
And Allah knows best.
The two concessions (Qasr & Jama’) are acts which are different from each
other and have its own conditions (Shurut) which stands on its own. Shaiykh
Abdul Wakil Durubi says: "The two concessions for travellers (Qasr and
Jama’) have no effect on each other: one may take both together or either"
In this section, we will divide the topic into 2 sections:
1. The permissibility of Jaia’ while travelling (Safar).
2. The permissibility of Jama’ as a resident (Mukim).
1. The permissibility of Jama’ during a travel (Safar):
About the permissibility of combining the prayers, the Fuqaha agreed that
combining Dhuhor and ‘Asr at the time of Dhuhor at ‘Arafah (by a pilgrim) is
a Sunnah, and combining Maghrib and ‘Isha at Mudzallifah at the time of
‘Isha is also a Sunnah. They disagreed about combining prayers on occasions
other than these. Jumhur permitted it and Abu Hanifa and his disciples
prohibited this absolutely.
Anas ibn Malik reported: "Where the Prophet (s.A.w) set out on a journey
before the sun declined, he delayed the Dhuhor prayer till the ‘Asr prayer,
and then dismounted and combined them, but if the sun had declined before
his setting out on a journey, he observed the Dhuhor prayer and then mounted."
Muadh bin Jabal said: "The Sahabah proceeded on the expedition of Tabuk
along with the Prophet (s.A.w.). He combined the Dhuhor and ‘Asr prayers and
the Maghrib and ‘Isha prayers. One day he delayed the prayer and came out of
his dwellings and combined the Dhuhor and ‘Asr prayers. He then went in and
then came out and combined the Maghrib and ‘Isha prayers."
Muadh reports that: "while the Prophet(s.A.w.) was at Tabuk and the sun had
passed the meridian, the Prophet (s.A.w.), combined the Dhuhor and 'Asr
prayers before he started his journey. If he started his journey before the
sun passed its meridian, he would delay the Dhuhor prayer until the time
when he stopped for the 'Asr prayer. He would do likewise for the Maghrib
prayer. If the sun set before he began his journey, he would combine the
Maghrib and 'Isha prayers (at that time). If he began a journey before the
sun had set, he would then combine them at the time of 'Isha."
Ibn 'Abbas reported an incident during one of the Prophet (s.A.w.) travels
where he reported: "If the sun passed its meridian while he stopped, he
would combine the Dhuhor and 'Asr prayers before remounting (i.e., moving
on). If the sun had not passed its meridian while he had stopped (i.e.,
before breaking camp), he would travel until the time of the 'Asr prayer and
then he would combine the Dhuhor and 'Asr prayers. If the sun had set while
he had stopped, he would combine the Maghrib and 'Isha prayers. If that did
not occur while he had stopped, he would ride until the 'Isha time and then
This is reported from Ahmad and as-Shafi’i. Al-Baihaq also recorded it with
a good chain of narration and he says: "To combine the two prayers when
travelling is something that is well-known and was practised by the
companions of the Prophet (s.A.w.), and those who followed them."
Al-Imam Malik records in Al-Muwatta from Muadh that "The Prophet (s.A.w.),
delayed his Solah one day during the Battle of Tabuk and then went and
prayed the Dhuhor and 'Asr prayers together. Then he returned and left again
and offered the Maghrib and 'Isha prayers together."
Ibn 'Abdul Barr says: "That Hadith is Sahih and its chain is confirmed. The
people who are familiar with the life history of the Prophet say that the
Battle of Tabuk took place in the ninth year of the Hijrah. This Hadith is a
clear proof and the strongest evidence against those who claim that one can
only combine the prayers while one is actually moving from one site to
another, because the Prophet was settled and was not travelling; he was
staying in his tent and would come out and combine two prayers and then
return to his tent. Muslim recorded this Hadith in his Sahih and stated: 'He
would pray the Dhuhor and 'Asr together and the Maghrib and 'Isha together.
One must follow this Hadith as it is confirmed (to be authentic), and it is
a clear statement on this subject and there is nothing that contradicts it.
The permission to combine the Solah is a Rukhsah (concession) for anyone who
is travelling but it is by no means confined to just those times when the
person is actually on the road (i.e., travelling from one place to another).
The same is the case for Qasr and for wiping over one’s socks, but it is
best to delay it (Ta’khir)".
Delaying the first to the time of the second (Jama Ta’khir) is preferable
also according to Imam Malik, as it has been established through the Hadith
of Anas, however, if they are combined within the timing of the first (Jama’
Taqdim) this is also permitted.
Al-Hafidz Ibn Hajr says: "This is as if the Prophet (s.A.w.) did so in order
to show that there is nothing wrong to do Jama’. And this is what normally
happens as was shown by the Hadith of Anas."
Concerning offering the two combined prayers right after each other, Ibn
Taimiyah writes: "The correct opinion is that it is not a necessary Shar’t
(condition) to do so under any circumstance, either during the time of the
first Solah or during the time of the latter Solah. This is not specified in
the Shara’ and doing so would defeat the purpose of the Rukhsah (i.e.,
permission to combine the two prayers)."
Ash-Shafi'i says: "It is quite permissible for a person to pray Maghrib in
his house with the intention of combining the prayers and then go to the
mosque to pray the 'Isha."
This is also related from Ahmad: "The Prophet (s.A.w.) and his companions
arrived in Mudzallifah and they prayed Maghrib, and then they were tending
their camels and right afterwards, the Prophet (s.A.w.) prayed Isha’".
As-Shaukani says: "The word ‘then they were tending their camels’ indicates
one is allowed to separate in between the 2 Solah which are combined and it
is not a necessary to do so right after each other."
2. The permissibility of Jama’ as a resident (Mukim):
It is allowed to combine the prayers while not travelling if one has a valid
excuse. Imam Malik and the majority (Jumhur) of the Fuqaha do not permit the
Jama’ within a settlement without an excuse.
Ibn Abbas reported: "The Prophet (s.A.w.) observed the Dhuhor and ‘Asr
together, and the Maghrib and ‘Isha together without being afraid or in a
state of journey."
Abu Salamah ibn Abdur Rahman said: "It is a Sunnah to combine the Maghrib
and ‘Isha prayers when it is raining." Bukhari also recorded a similar
Ibn Abbas reported: "The Prophet (s.A.w.) observed the Dhuhor and ‘Asr
prayers together in Madinah without being in a state of danger of rainfall."
Then Ibn Abbas was asked: "What prompted him to do this? He said: "He wanted
that his Ummah should not be put to unnecessary hardship."
As-Shaukani says; "These Ahadith are used as evidences that one is allowed
to combine prayers while not travelling as long as it does not become a
habit. And the opinion of the majority of Fuqaha (Jumhur) is that they do
not allow to combine the prayers without an excuse."
An-Nawawi in Sharah al-Muslim says: "Jumhur (majority) of the Fuqaha are of
the opinion that it is allowed for a resident to combine prayers due to some
pressing need" This is also the conclusion of Ibn Seerin, al-Khattabi,
as-Shafi’i, Ibn al-Mundhir, companions of Malik and from a number of ahl-Hadith.
In a recent Fiqh Majlis, preceded by Shaiykh Mustafa az-Zarqa, Shaiykh Abdul
Fattah Abu Ghudda, Shaiykh Yusuf al-Qaradawi, Shaiykh Ujail an-Nashawi,
Shaiykh Faisal Mawlawi, Shaiykh ad-Darsh and other scholars of our time has
made this statement:
"It is allowed to combine Dhuhor and Asr', Maghrib and 'Isha in the time of
early or later prayer where there is a need for that, whether a student or a
worker, visiting or resident in the non-Muslim country if it is not easy to
perform each prayer in its stipulated time. This is so in the Sahih Ahadith
reported by Ibn Abbas and the reason he gave i.e. The Prophet (s.A.w.) did
not wish to make it difficult for his Ummah.
If there is no need for combining, prayer must be offered in its proper
time. It should not be a habit. It is a licence. If there is the
circumstance for it, it is to be availed of, if not it should not be used.
As Ibn Taimiyah reported of Umar:
"Combining the 2 prayers without an excuse is a major sin."
Yusuf al-Qaradawi says: "When arises such times when it is very difficult to
perform the prayers at its proper time, then on those occasion, there is the
permissibility to combine the prayers instead, as long as it does not become
a normal practise such as doing it for every 2 or 3 days or whenever one
wishes to attend a party (Waleemah) or a an invitation that lasts for hours.
Combining the prayers as a resident is a rare event and it only occurs at
one time or the other, and the aim of this Jama’ is to avoid genuine
difficulties faced by the Ummah."
He warns Muslims not to misuse the Jama’ in activities such as banquets
(Waleemah) or gatherings (Majlis):
"In the context of attending an invitation, it is not a necessity or a
pressing need to give an excuse to perform the Jama’, when he finds the time
and opportunity to pray. Men or women should not be embarrassed to perform
their Solah during such programmes anywhere. In fact it is an obligation for
them to show an example and to lead others in the prayer. This is because
Solah is part of an important Shi’ar (Signs) of Allah, which should be shown
to others and glorified by the Muslims.
"That is how it is. And whosoever honours the Symbols of Allah (Shi’ar),
then it is truly from the piety of the heart." (22:32)
What is really sad, is that most gatherings done in the Muslim world ignores
the time for prayers especially in the time of Maghrib without considering
the Rights of Allah and those who are conscious of their prayer.
Even though there are those who take care not to miss their prayers,
establish their prayers on their own when the time for the prayer commences,
still those who are held responsible organising such events, will have a
harsh account in the grave." And Allah knows best.
"Let one listen and witness the praise of Allah and His good favour towards
us. Our Lord accompany us and show us favour. We seek refuge in Allah from
The last of our prayers is:
"Glory to your Lord, the Lord of Honour & Power! He is better from what they
ascribe to Him! Peace be upon the Messengers! Praise be to Allah, the Lord
of the worlds." (37:180-182)
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