As Salamu alaikum,
Ribat Tarim has three periods per day. The first period takes place after Subh,the second before 'Asr and the third between Maghrib and 'Isha. The Ribat is not limited to three periods, there are many extra (ar: Idafhi)classes taking place day and night also.
The study periods in detail;
1st period: all of the 1st period classes began after Salat al-Fajr and the litanies following the prayer. The subject of study in the first period is Grammar, Morphology and other sciences of the Arabic language. This is the normal schedule,save for Tuesday and Thursday when inheritance and marriage law are taught in the place of the Arabic sciences. The lessons last around an hour and a half and sometimes another subject is read along with Grammar.
2nd period: Lessons in Shafi'i Fiqh and other sciences are held just before 'Asr enters and last for an hour and a half (thereafter, the students and teachers pray 'Asr together). After Salat al-'Asr, about a page is read from Imam al-Ghazali's Ihya 'Ulum al-Din. Between 'Eid al-Fitr and 'Eid al-Adhha, Grammar and Morphology replace this Fiqh period.
3rd period: Lessons in Fiqh and Hadith are held between Maghrib and 'Isha,(similar to the 1st and 2nd period, 3rd period last for about an hour and a half). At times, the number of traditional learning circles can number up to 47.
Classes are held soley for revising the lesson, both before and after the lesson itself.(There is alot of emphasis on mastering the lessons and subjects at hand.This is very good compared to other schools which offer 12+ subjects and the student has little mastery of even one subject, let alone 12.)
For more info, see : http://rubat-tareem.net/?ID=153
Thursday, February 25, 2010
Sunday, February 21, 2010
al-Zarkashi's commentary of Minhaj published by DKI.
al-Dibaj fi Tawdheeh al-Minhaj
http://www.fadakbooks.com/alshal1.html, http://ep.yimg.com/ca/I/fadakbooks_2093_34363316
http://www.fadakbooks.com/alshal1.html, http://ep.yimg.com/ca/I/fadakbooks_2093_34363316
Friday, February 12, 2010
'Ilm and Dhikr
This is an excellent article regarding the importance of Dhikr in Madaris.
http://deoband.org/2009/06/tasawwuf/dhikr/gatherings-of-dhikr-in-madrasahs/
http://deoband.org/2009/06/tasawwuf/dhikr/gatherings-of-dhikr-in-madrasahs/
Times when the prayer is forbidden
Times when the prayer is forbidden
BismiLlahir Rahmanir Rahim, al HamduliLlahir Rabbi-l Alamin. wa Salla Allahu ‘ala Sayyidina Muhammad wa ‘Ala Alihi wa Sahbihi wa Sallam.
The prayer is considered the best bodily act of worship, the obligatory prayer being the best obligatory act and the supererogatory prayer being the best supererogatory act. Normally, the prayer can be obligatory or recommended, though at times even forbidden. This treatise deals with the latter instance. I have drawn upon the Reliance of the Traveler and highlighted it’s text in bold and whenever I have made use of another text or have added additional notes, the extractions and notes will be in regular font Insha Allah. I have added two appendixes, the first discusses the 6th time when prayer is forbidden and the second is a glossary of technical terminology in the Shafi’i Madhhab as well as a bibliography of works cited.
To commence;
Before delving into the times when the prayer is forbidden, it is necessary to define the prayer times
Prayer times
The prayer times as mentioned in Imam al-Nawawi’s Minhaj al-Talibin are five;
1. Duhr- The beginning of it’s time is after the sun’s zenith and exits when the shadow of an object is equal to the object minus the length of the shadow at the time of the sun’s zenith.
2. ‘Asr- (When the time of ‘Duhr exits) the time of ‘Asr has begun and the time of ‘Asr remains until sunset.
3. Maghrib- Maghrib enters when the sun has set and remains until the red-twilight has disappeared according to al-Imam al-Shafi’i’s old view (ar: al-Qadim) and according to his new view (ar: al-Jadid) it last long enough for one to make Wudhu, cover one’s ‘Awra, call the Adhan and Iqama and pray five Raka’ts. If one began praying in the time of Maghrib according to the al-Jadid, and lengthened the prayer until the red-twilight disappears, it is permitted according to the sound view (ar: al-Sahih). I say (i.e. Imam al-Nawawi says) the al-Qadim is the more apparent view (ar: al-Adhar) and Allah knows best.
4. ‘Isha- ‘Isha enters when the red-twilight disappears and remains until (true) dawn. The preferred times last until just before a third of the night has elapsed and according to another view, half of the night.
5. Fajr- Fajr enters with true dawn; true dawn is the light running parallel along the horizon. The time of Fajr remains until sunrise. The preferred time lasts until just before the sky becomes light.
Time when the prayer is forbidden
The reliance of the traveler says;
The prayer is unlawful and invalid: here, unlawful means prohibitively disliked (ar: Makruh Tahrim) as opposed to being just disliked (ar: Makruh Tanzih) or unlawful (ar: Haram). Normally, the Shafi’is do not make the distinction between unlawful and prohibitively disliked, normally one would find them using the terms like unlawful or disliked except in a few places, this is one of those places.
The prayer in the following times is prohibitively disliked as Imam al-Nawawi states in al-Rawdah and al-Majmu’ or disliked as he states in al-Tahqiq. The view that it is prohibitively disliked is the relied upon view (ar: al-Mu’tamad) as Sheikh Sulayman al-Bujayrmi states in his marginalia of Sheikh al-Islam’s Fath al-Wahhab. Furthermore, Sheikh Sulayman al-Bujayrmi says,” and if you say,” what is the difference between prohibitively disliked and unlawful considering that both entail a sin when done? I say, that a prohibitively disliked (act) is (that act) which is established by a proof that can be interpreted and an unlawful (act) is (that act) which is established by a decisive proof, consensus or analogy, Azizi.”
Through the usage of prohibitively disliked, we can reconcile between what ibn al-Naqib mentions in ‘Umdat al-Salik in that the prayer is unlawful (haram) and what Imam al-Nawawi mentions in Minhaj al-Talibin in that the prayer is disliked (makruh).
Regarding the difference between Imam al-Nawawi’s conflicting views regarding the prayer being prohibitively disliked or disliked, the prayer is invalid in both cases, be it prohibitively disliked (as mentioned in al-Rawdah and al-Majmu’) or disliked (as mentioned in al-Tahqiq). It is important to not that the difference between prohibitively disliked and disliked is that the first entails a sin and the second does not.
The author of Reliance of Traveler then goes on to explain the five times when the prayer is forbidden. They are of two categories, three of which are connected to time without looking at who has prayed the prayer and who hasn’t and the remaining two are connected to the one who has prayed the prayer, as Imam Ibn Hajar mentions in his Manhaj al-Qawim sharh Masa’il al-Ta’lim. The meaning of the second category is explained by Imam al-Nawawi in al-Majmu’ when he says that the disliked time does not enter merely by time, rather it only enters when the Fajr and ‘Asr prayers have been performed.
The author of Reliance begins with the first category, the basis of which, as mentioned by Abu Ishaq al-Shirazi in al-Muhadhdhab, is the Hadith related by ‘Uqbah bin ‘Amir (may Allah be pleased with him) who said (in meaning), “The messenger of Allah (Prayers and peace upon him) used to prohibit us from prayer or burying our deceased at three times;
1. When the sun rises until it has fully risen.
2. Noon.
3. When the sun is going to set.
1. from sunrise until the sun is a spear’s length above the horizon (N: meaning when a distance equal to the sun’s diameter appears between the sun and the horizon); Imam al-Nawawi says in al-Majmu’, “and know! That the disliked ness (of prayer) at sunrise extends until the sun has risen a spear’s length.” This is the sound view (ar: al-Sahih), the author (i.e. Abu Ishaq al-Shirazi) affirmed it in al-Tanbih as well as the majority of scholars (ar: al-Jamhur). Those of Khurasan narrate an opinion that the disliked ness (of prayer at sunrise) disappears when the sun’s disk has completely risen.
2. from the time the sun is at its highest point in the sky until it moves on; i.e. when one is certain that the sun is at its highest point (ar: al-Istiwa’), if one doubts about whether or not the sun is at it’s highest point then the prayer is not prohibitively disliked because the original ruling is that the Istiwa’ is not present, as Sheikh ‘Ali al-Shabramallisi states in this marginalia of Imam Ahmad al-Ramli’s Nihayat al-Muhtaj. Imam al-Ramli says in his aforementioned commentary of Minhaj al-Talibin that the time of Istiwa’ is short there being no room for the prayer (when the sun is at its highest point) and it almost goes unnoticed until the sun moves beyond it (i.e. al-Istiwa’) only that it is possible for a person to make the opening Takbir (at the time of Istiwa’) in which case the prayer is invalid. Similarly, Imam Ibn Hajar says in Manhaj al-Qawim that the time of Istiwa’, despite being extremely narrow, still gives room for the opening Takbir (like we have stated above, the prayer is invalid when the opening Takbir coincides with Istiwa’. Sheikh Sulayman al-Kurdi affirms this in his marginalia of Manhaj al-Qawim.
3. from when the sun yellows before sunset until after it has set; This is the last prayer time that is forbidden due to being connected with time.
The author concludes with the second and final category of the times when prayer is forbidden, the basis of which, again mentioned by Abu Ishaq al-Shirazi in al-Muhadhdhab, is the Hadith of Ibn ‘Abbas (May Allah be please with both of them) that the Prophet (Prayers and peace upon him) prohibited the prayer after ‘Asr until the sun has set and after Subh until the sun has risen. Imam Muslim related it.
4. after praying the current dawn prayer (subh); i.e. until the sun has risen a spear’s length as Imam al-Nawawi mentions in his Minhaj.
5. after praying the current midafternoon prayer (‘asr); (even if one joins Duhr and ‘Asr in the time of Duhr as Imam al-Ramli and others mention) i.e. until the sun has set. The reason for this prohibition is the Hadith related by Imam Muslim, “Verily the sun rises and sets between the horns of Shaytan.” And at that time, the disbelievers prostrate to the sun.
Sheikh Sulayman al-Bujarymi states that there is a 6th time when the prayer is prohibitively disliked and that is when the orator ascends to the Mimbar. In addition, Imam al-Ramli mentions that some ‘Ulama add two other times when the prayer is prohibitively disliked and they are;
1. After dawn until the prayer.
2. After sunset until the prayer.
The well-known view of the Madhhab is that the disliked ness is just disliked (i.e. makruh tanzih) and not prohibitively disliked.
The exceptions
Exceptions (meaning, the following prayers are not prohibitively disliked no matter what time they are offered in) to the above are;
1. Prayers with a particular reason or a reason which precedes the prayer or coincides with the prayer, the author signals to the former by saying;
It is permissible at the above times to offer nonobligatory prayers that are performed for a particular reason, such as the funeral prayer, greeting the mosque, or the two raka’as that are sunna after ablution (wudu); and is also permissible to make up missed prayers; though one may not perform the two rak’as that are sunna before entering the state of pilgrim sanctity (ihram).
Imam al-Nawawi says in al-Majmu’, “(the view of) our Madhhab (i.e. the Shafi’i Madhhab) is that the prayer being forbidden in the above times is only for prayers without a particular reason (ar: Nafl Mutlaq). As for prayers with a particular reason, there is no disliked ness (in offering such prayers at the above times). What is meant by “a particular reason” is that prayer which has a reason preceding the prayer.”
Other prayers with a particular reason (aside from the ones mentioned by the author, ibn Naqib, include;
a) The two rak’ats of Tawaf; the particular reason being the Tawaf which precedes the two rak’ats.
b) The prostration of Qu’ran recital and thankfulness.
Imam al-Ramli gives a few examples of prayers with a coinciding reason including;
a) The Eclipse prayer.
b) The Drought prayer.
c) Repeating the group prayer
d) Repeating the prayer of one who has made Tayammum.
The author’s saying, “though one may not perform the two rak’as that are sunna before entering the state of pilgrim sanctity (ihram).” is the sounder of two views. It is affirmed by the Jamhur , because it’s reason comes after the prayer and al-Bandiji affirmed it in Kitab al-Hajj. The second view is that the two Raka’ts of Ihram are not disliked, al-Baghawi and others narrate it. The reason being is that the intention of Ihram is a reason preceding the prayer. Imam al-Nawawi mentions that this view is strong.
2. Prayers offered in the Haram of Makkah, the author signals to this exception by saying;
It is not offensive to pray within the Meccan Sacred precinct (Haram) at any time.
The Haram of Makkah is excluded because of the following Hadith narrated by Jubayr bin Mut’am (may Allah be please with him) that the Prophet (Prayers and peace upon him) said, “O ‘tribe of ‘Abd Manaf, none of you are prevented from making Tawaf in the house (i.e. Ka’ba) nor praying in (the Ka’ba) anytime one wishes, be it night or day. Abu Daud and al-Tirmidhi related it in Kitab al-Hajj and al-Nasa’I , ibn Majah and others in Kitab al-Salah. This (Hadith) is the wording of al-Tirmidhi and he said that the Hadith is Hasan Sahih.
Imam al-Nawawi says in al-Majmu’, and our companions said, that the prayer in Makkah in these times is not disliked, whether the prayer is the two raka’ts of Tawaf or not. This is the sound and well-know view according to them. There exists an opinion that the only prayer which is permitted is the two raka’ts of Tawaf, those of Khurasan relate it, as well as a group of those of ‘Iraq, among them are Sheikh Abu Hamid, al-Bandiji, al-Mawardi and the author of al-Hawi narrated it from Abu Bakr al-Qaffal al-Shashi. The Madhhab is the first view (i.e. that the exception is not restricted to the two raka’ats of Tawaf). The view in opposition to the al-Sahih is that prayer in Makkah (in these times) is disliked given the generality of the Ahadith. Imam al-Ramli mentions this in Nihayah.
Furthermore, Imam al-Nawawi says, what is meant by Makkah, is the city and the entire Sacred Precinct and its surroundings. According to another view, it is only permitted to perform the prayer in the city itself and not the rest of the Sacred Precinct. A third view, related by the author of al-Hawi from al-Qaffal al-Shashi is that the prayer is only valid in the Masjid which surrounds the Ka’ba and not the outskirts, such as the houses in Makkah and the rest of the Sacred Precinct. The sound view is the first (i.e. the al-Sahih is that what is meant by Makkah is the city, the entire Sacred Precinct and its surroundings).
The al-Sahih view that we have related above from al-Majmu’ is that it is not prohibitively disliked to offer prayers with a particular reason at any time in the Haram of Makkah.
However, is it better not to do (ar: Khilaf al-Awla)?
According to Imam ibn Hajar in his Manhaj al-Qawim and similarly in his Tuhfat al-Muhtaj and al-Imdad, it is not Khilaf al-Awla. The reason being is that the difference of opinion (i.e. of whether or not prayers offered at the prohibited times in the Haram are lawful or unlawful) is weak. Sheikh Sulayman al-Kurdi comments upon this statement of Imam Ibn Hajar by saying, “Because one does not consider a difference of opinion when it opposes an established Sunnah.
Imams Sheikh al-Islam Zakariyya al-Ansari, Sheikh al-Khatib al-Shirbini, Imam ibn Hajar in Fath al-Jawad and Imam al-Ramli held the view that it is Khilaf al-Awla so as to escape the difference of opinion of those who held it to be unlawful, such as Abu Hanifah and Malik. Imam al-Ramli himself says in Nihayat al-Muhtaj, “surely it is Khilaf al-Awla just as al-Mahamili relates in Maqna’ so as to escape the difference of opinion.”
The final exception is the prayer offered when the sun is at it’s zenith on Fridays, the author signals to this by saying;
Nor is it offensive to pray when the sun is at its zenith on Fridays (N: whether in the Sacred Precinct or elsewhere).
Prayers (i.e. ones with a particular reasons) offered at the time of Istiwa’ are not prohibitively disliked on Fridays, even if one does not attend the Friday Prayer as Imam al-Ramli mentions in Nihayah. However, Imam Abu Ishaq al-Shirazi in al-Muhadhdhab, relates two views regarding one who does not attend the Friday Prayer. The first view is that it is permissible and the second that it is not.
Imam al-Nawawi mentions three more views in his commentary (i.e. al-Majmu’) and explains which of these five is soundest (ar: al-Asahh);
1. That prayer is permissible for everyone, without any disliked ness, at any time on Friday.
2. The soundest view - that the prayer is permitted for everyone at the time of Istiwa’ specifically, regardless if one attends the prayer or not. (view number one doesn’t differentiate between Istiwa’ and other during times during Friday, whereas the second view does draw the distinction), this view is what Imam Ramli mentions above in his Nihayah.
3. That the prayer is permissible for the one who attend the Friday Prayer and not anyone else. Al-Qadhi Abu al-Tayyib regarded this view to be sound.
4. That the prayer is permissible for the one who attend the Friday Prayer and is overcome by sleep.
5. That the prayer is permissible for the one who attends the Friday Prayer, is overcome by sleep and arrived early.
Conclusion,
We have concluded our brief treatise regarding times when the prayer is forbidden. We have explained the prayers times, defined the meaning of Unlawful and prohibitively disliked, elucidated the times when prayer is forbidden and some exceptions to the latter.
If we can summarize what we have mentioned above in a few statements, we can say that; Prayers without a particular reason are prohibitively disliked according to the relied upon view (as mentioned in al-Rawdah and al-Majmu, and related by Sheikh al-Islam in Fath al-Wahhab , Imam al-Ramli in Nihayat al-Muhtaj and others) at the five times mentioned above (or six times as Sheikh Sulayman al-Bujayrmi mentions) with the exception of prayers with a particular reason (be it a reason preceding the prayer or coinciding with the prayer), prayers offered in the Haram of Makkah at any time or prayers offered at the time of Istiwa on Friday.
Allah Ta ‘Ala knows best
The needy one,
Mahmud Adam
2/11/2010
Appendix one
The 6th time when prayer is forbidden
As we related above, from Sheikh Sulayman al-Bujayrmi, there is a 6th time when prayer is forbidden. One will find this issue discussed in the chapter dealing with the Friday Prayer and not the section dealing with times when the prayer is forbidden, except it in a few work such as al-Muqaddimat al-Hadhramiyyah by Sheikh BaFadhl.
Regarding the 6th time, Imam Ahmad al-Ramli says in Nihayat al-Muhtaj, it is *prohibitively disliked, by scholarly consensus as mention by al-Mawardi and others, for any of the Friday Prayer attendees to offer supererogatory prayers *after the orator has ascended to the Mimbar and is seated upon it, as mentioned in al-Majmu’.
*Sheikh ‘Ali al-Shabramillisi comments upon Imam al-Ramli’s statement “prohibitively disliked” by saying, “and the disliked ness continues until the sermon and what follows it are complete.”
As for the time between the orator ascending and sitting, it is not forbidden to offer prayers at such time as Sheikh ‘Ali al-Shabramallisi notes.
Both the obligatory prayer, even a make-up, and optional prayers are unlawful and invalid at this time. When one is praying when the orator is ascending to the mimbar and seated upon it, it is obligatory to pray one’s prayer quickly as Imam al-Ramli relates from Sheikh Nasr. Moreover, Imam ibn Hajar mentions in Manhaj al-Qawim that it is unlawful to lengthen the prayer that one began before the orator ascended to the Mimbar. Thereafter, Imam ibn Hajar says that it is not permitted for the one entering to pray any prayer except two rak’ats of greeting the Masjid (ar: Tahiyyat al-Masjid). This is the exception to the praying being prohibitively disliked at the above time.
Similary, Imam al-Ramli mentions that the exception (to the above) is Tahiyyat al-Masjid for the one entering the Masjid while the orator is on the Mimbar. (In this case) it is Sunnah for him to perform Tahiyyat al-Masjid and it is obligatory for him to keep it short. What is meant by “keeping it short”, as Imam al-Ramli explains, is confining oneself to the integrals (of the prayer) and not praying fast as al-Zarkashi has mentioned. However, the sounder view (ar: al-Awjah) is that “keeping it short” means leaving what is customarily considered long. Sheikh ‘Ali al-Shabramillisi comments upon this last statement by saying, i.e. one may read a short Surah after Surat al-Fatihah.
The Jurists specifically mention two rak’ats, what if one performs more than that?
Imam al-Ramli says, “And one may not pray more than two rak’ats in any case.” Sheikh Sulayman al-Kurdi affirms this view by saying, and more than two rak’ats are invalid.
Another problem comes up; what if one enters the Masjid and the orator isn’t delivering the Friday Sermon?
Imam al-Ramli says, “if one deems it most likely that by praying Tahiyyat al-Masjid one will miss the opening Takbir with the Imam, then one does not pray it (al-Shabramillisi adds, as a recommendation, i.e. not a prohibition. However, Imam Ibn Hajar clearly states that it is disliked in Manhaj al-Qawim), rather one stands until the prayer commences. One does not sit (in such a scenario) so to avoid sitting before praying Tahiyyat al-Masjid. Furthermore, Ibn al-Rif’ah says that if one prayed in this case (mentioned by Imam al-Ramli) then it is recommended for the Imam to lengthen the Friday Sermon’s speech to the extent that (the one praying Tahiyyat al-Masjid) can complete it. Sheikh al-Islam said, and that which he mentioned (i.e. Ibn al-Rif’ah) has been laid down in al-Umm. Nihayat al-Muhtaj
And Allah Ta ‘Ala knows best.
Appenix two
Technical terminology in the Shafi’i Madhhab
The luminaries of the Shafi’i Madhhab have specific technical terminology in their works denoting the views representing the Madhhab and views that are differed over. We have mentioned some of them in our treatise above, therefore, we deem it necessary to explain what these technical terms mean and what they exactly entail.
We have drawn upon the introduction of Imam al-Nawawi’s Minhaj with Imam al-Ramli’s commentary, Ahmad Mayqari al-Ahdal’s Sullam al-Muta’llim al-Muhtaj with further notes from Sheikh Ahmad Sahl Mafudh’s al-Thamarat al-Hajaniyyah.
Al-Adhar and al-Mashhur
Imam al-Nawawi (may Allah be please with him) says in Minhaj al-Talibin, “Whenever I say, “in the more apparent view” (ar: fi al-Adhar) or “the well known view” (ar: al-Mashhur) then (the conflicting views ) are from two sayings or many sayings (ar: Aqwal)” (Imam al-Ramli: of Imam al-Shafi’i, may Allah be please with him, furthermore, the two views can be from the new school (ar: al-Jadid) or the old school (ar: al-Qadim) or one of the views can be from the new school and one of them from the old school. Imam al-Shafi’i could have said both views at two different times or at one particular time, one of the views may be preponderant or it may not be. Nihayat al-Muhtaj.)
Thereafter, Imam al-Nawawi says, “and if the difference (between the views) is strong (strength of one view over the other here is determined by the strength of the proof which Imam al-Shafi’i relied upon, as Sheikh Sahl Mahfudh mentions) then I say al-Adhar (Imam al-Ramli: signifying the apparentness of the view in opposition).
Sheikh Ahmad al-Ahdal says that four things are drawn from the term al-Adhar;
1. Al-Khilafiyyah – meaning that the legal problem bears a difference of opinion.
2. Al-Arjahiyyah – meaning that in the legal problem, there is one preponderant view (ar: al-Rajih) and one non-preponderant view (ar: al-Marjuh). The preponderant view is the one mentioned and the view in opposition is the non-preponderant view.
3. That the difference (in the views) is from two sayings of Imam al-Shafi’i or various sayings and not from the views of his companions.
4. The apparentness of the opposite view- meaning that the opposite view is apparent in and of itself, despite the fact that the relied upon view in legal verdict and ruling are according to the al-Adhar.
What if the difference is weak?
Imam al-Nawawi says, and if not (Imam al-Ramli: such that the difference is weak), then (I say) al-Mashhur (Imam al-Ramli: signaling to the peculiarity of the opposing view due to the weakness of its proof).
Secondly, Sheikh Ahmad al-Ahdal says that four things are drawn from the term al-Mashhur;
1. Al-Khilafiyyah- meaning that the legal problem bears a difference of opinion.
2. Al-Arjahiyyah – meaning that in the legal problem, there is one preponderant view and one non-preponderant view. The preponderant view is the one mentioned and the view in opposition is the non-preponderant view.
3. That the difference (in the views) is from two sayings of Imam al-Shafi’i or various sayings and not from the views of his companions.
4. The peculiarity of the opposing view – meaning that it is hidden and unknown. Therefore, the view opposing the al-Mashhur is weak.
Al-Asahh and al-Sahih
Imam al-Nawawi says, “and whenever I say, “the soundest view (ar: al-Asahh) or the sound view (ar: al-Sahih), then (the difference) is from two views or various views. (Imam al-Ramli: of the companions of Imam al-Shafi’i) And if the difference is strong, then I say al-Asahh (Imam al-Ramli: signaling to the validity of its opposing view), otherwise (such that the difference is weak, as in the case of al-Mashur, I say) al-Sahih (Imam al-Ramli: signaling to the invalidity of its opposing view). Sheikh Ahmad Sahl Mahfudh mentions that for this reason, one does not express the Aqwal with the term al-Sahih out of respect to Imam al-Shafi’i.
Thirdly, Sheikh Ahmad al-Ahdal says that four things are drawn from the term al-Asahh;
1. Al-Khilafiyyah- meaning that the legal problem bears a difference of opinion.
2. Al-Arjahiyyah – meaning that in the legal problem, there is one preponderant view and one non-preponderant view. The preponderant view is the one mentioned and the view in opposition is the non-preponderant view.
3. That the difference is from a view of the companions of Imam al-Shafi’i, deduced from Imam al-Shafi’i principles, stipulations and at times they exercised Ijtihad in some of their views. Therefore, the difference is between his companions in a legal problem. At times, the companions stood alone in their view, such as al-Muzani and Abu Thawr, so their Aqwal are not considered views in the Madhhab.
4. The validity of the opposing view because of the strength of the difference due to the might of the opposing view’s proof.
Lastly, Sheikh Ahmad al-Ahdal says that four things are drawn from the term al-Sahih;
1. Al-Khilafiyyah- meaning that the legal problem bears a difference of opinion.
2. Al-Arjahiyyah – meaning that in the legal problem, there is one preponderant view and one non-preponderant view. The preponderant view is the one mentioned and the view in opposition is the non-preponderant view.
3. That the difference is a view from the companions deduced from Imam al Shafi’i’s statements. Therefore, if the difference is strong due to the strength of the proof, the view is expressed with al-Asahh. If the difference is weak, due to the weakness of the proof, the view is expressed with al-Sahih.
4. The invalidity of its opposing view – meaning that the view in opposition to the al-Sahih is weak and one does not act upon it but acts upon the al-Sahih.
Closing note;
We have used the term al-Madhhab, therefore we feel it befitting to briefly explain what it means:
Al-Madhhab- means- that when the companions of Imam al-Shafi’i differ over the Madhhab’s narration, they express the al-Rajih through the term al-Madhhab. An example of this is when some companions narrate a difference of opinions and others narrate that there isn’t a difference of opinion or that the matter is decided. Another example is when some companions narrate that there is a difference regarding the sayings of Imam al-Shafi’i while others narrate it as a difference regarding the views of the companions. Al-Madhhab is considered the al-Rajih and the view opposing it is al-Marjuh and is not practiced upon.
For further information regarding the technical terminology and what they entail, please see Imam al-Nawawi’s al Majmu, Minhaj al-Talibin, Sheikh Sulayman al-Kurdi’s al-Fawa’id al-Madaniyyah or Sayyid ‘Alawi al-Saqqaf’s abridgement al-Fawa’id al Makkiyyah.
And Allah Ta’Ala knows best.
Bibliography:
Al-Nawawi, Abu Zakariyya, al-Majmu’ Sharh al-Muhadhdhab, Beirut, Lebanon: Dar al-Fikr, 2000.
Al-Ramli, Shams al-Din Ahmad, and ‘Ali Shabramillisi, Nihayat al-Muhtaj ila Sharh al-Minhaj with al-Shabramillis’ glosses, Beirut, Lebanon: Dar al-Fikr, 2004.
Al-Kurdi, Muhammad bin Sulayman, al-Hawashi al-Madaniyyah, Surabaya, Indonesia: al-Hidayah, 1977
Al-Bujayrmi, Sulayman, Tajrid li-Naf’ al-‘Abid, Beirut, Lebanon: Dar al-Fikr, 2005
Al-Ahdal, Ahmand Mayqari Shumaylah, Sullam al-Muta’llim al-Muhtaj, unknown publisher.
Mahfudh, Ahmad Sahl, al-Thamarat al-Hajaniyyah, Kediri, Indonesian: Dar al-Salam.
BismiLlahir Rahmanir Rahim, al HamduliLlahir Rabbi-l Alamin. wa Salla Allahu ‘ala Sayyidina Muhammad wa ‘Ala Alihi wa Sahbihi wa Sallam.
The prayer is considered the best bodily act of worship, the obligatory prayer being the best obligatory act and the supererogatory prayer being the best supererogatory act. Normally, the prayer can be obligatory or recommended, though at times even forbidden. This treatise deals with the latter instance. I have drawn upon the Reliance of the Traveler and highlighted it’s text in bold and whenever I have made use of another text or have added additional notes, the extractions and notes will be in regular font Insha Allah. I have added two appendixes, the first discusses the 6th time when prayer is forbidden and the second is a glossary of technical terminology in the Shafi’i Madhhab as well as a bibliography of works cited.
To commence;
Before delving into the times when the prayer is forbidden, it is necessary to define the prayer times
Prayer times
The prayer times as mentioned in Imam al-Nawawi’s Minhaj al-Talibin are five;
1. Duhr- The beginning of it’s time is after the sun’s zenith and exits when the shadow of an object is equal to the object minus the length of the shadow at the time of the sun’s zenith.
2. ‘Asr- (When the time of ‘Duhr exits) the time of ‘Asr has begun and the time of ‘Asr remains until sunset.
3. Maghrib- Maghrib enters when the sun has set and remains until the red-twilight has disappeared according to al-Imam al-Shafi’i’s old view (ar: al-Qadim) and according to his new view (ar: al-Jadid) it last long enough for one to make Wudhu, cover one’s ‘Awra, call the Adhan and Iqama and pray five Raka’ts. If one began praying in the time of Maghrib according to the al-Jadid, and lengthened the prayer until the red-twilight disappears, it is permitted according to the sound view (ar: al-Sahih). I say (i.e. Imam al-Nawawi says) the al-Qadim is the more apparent view (ar: al-Adhar) and Allah knows best.
4. ‘Isha- ‘Isha enters when the red-twilight disappears and remains until (true) dawn. The preferred times last until just before a third of the night has elapsed and according to another view, half of the night.
5. Fajr- Fajr enters with true dawn; true dawn is the light running parallel along the horizon. The time of Fajr remains until sunrise. The preferred time lasts until just before the sky becomes light.
Time when the prayer is forbidden
The reliance of the traveler says;
The prayer is unlawful and invalid: here, unlawful means prohibitively disliked (ar: Makruh Tahrim) as opposed to being just disliked (ar: Makruh Tanzih) or unlawful (ar: Haram). Normally, the Shafi’is do not make the distinction between unlawful and prohibitively disliked, normally one would find them using the terms like unlawful or disliked except in a few places, this is one of those places.
The prayer in the following times is prohibitively disliked as Imam al-Nawawi states in al-Rawdah and al-Majmu’ or disliked as he states in al-Tahqiq. The view that it is prohibitively disliked is the relied upon view (ar: al-Mu’tamad) as Sheikh Sulayman al-Bujayrmi states in his marginalia of Sheikh al-Islam’s Fath al-Wahhab. Furthermore, Sheikh Sulayman al-Bujayrmi says,” and if you say,” what is the difference between prohibitively disliked and unlawful considering that both entail a sin when done? I say, that a prohibitively disliked (act) is (that act) which is established by a proof that can be interpreted and an unlawful (act) is (that act) which is established by a decisive proof, consensus or analogy, Azizi.”
Through the usage of prohibitively disliked, we can reconcile between what ibn al-Naqib mentions in ‘Umdat al-Salik in that the prayer is unlawful (haram) and what Imam al-Nawawi mentions in Minhaj al-Talibin in that the prayer is disliked (makruh).
Regarding the difference between Imam al-Nawawi’s conflicting views regarding the prayer being prohibitively disliked or disliked, the prayer is invalid in both cases, be it prohibitively disliked (as mentioned in al-Rawdah and al-Majmu’) or disliked (as mentioned in al-Tahqiq). It is important to not that the difference between prohibitively disliked and disliked is that the first entails a sin and the second does not.
The author of Reliance of Traveler then goes on to explain the five times when the prayer is forbidden. They are of two categories, three of which are connected to time without looking at who has prayed the prayer and who hasn’t and the remaining two are connected to the one who has prayed the prayer, as Imam Ibn Hajar mentions in his Manhaj al-Qawim sharh Masa’il al-Ta’lim. The meaning of the second category is explained by Imam al-Nawawi in al-Majmu’ when he says that the disliked time does not enter merely by time, rather it only enters when the Fajr and ‘Asr prayers have been performed.
The author of Reliance begins with the first category, the basis of which, as mentioned by Abu Ishaq al-Shirazi in al-Muhadhdhab, is the Hadith related by ‘Uqbah bin ‘Amir (may Allah be pleased with him) who said (in meaning), “The messenger of Allah (Prayers and peace upon him) used to prohibit us from prayer or burying our deceased at three times;
1. When the sun rises until it has fully risen.
2. Noon.
3. When the sun is going to set.
1. from sunrise until the sun is a spear’s length above the horizon (N: meaning when a distance equal to the sun’s diameter appears between the sun and the horizon); Imam al-Nawawi says in al-Majmu’, “and know! That the disliked ness (of prayer) at sunrise extends until the sun has risen a spear’s length.” This is the sound view (ar: al-Sahih), the author (i.e. Abu Ishaq al-Shirazi) affirmed it in al-Tanbih as well as the majority of scholars (ar: al-Jamhur). Those of Khurasan narrate an opinion that the disliked ness (of prayer at sunrise) disappears when the sun’s disk has completely risen.
2. from the time the sun is at its highest point in the sky until it moves on; i.e. when one is certain that the sun is at its highest point (ar: al-Istiwa’), if one doubts about whether or not the sun is at it’s highest point then the prayer is not prohibitively disliked because the original ruling is that the Istiwa’ is not present, as Sheikh ‘Ali al-Shabramallisi states in this marginalia of Imam Ahmad al-Ramli’s Nihayat al-Muhtaj. Imam al-Ramli says in his aforementioned commentary of Minhaj al-Talibin that the time of Istiwa’ is short there being no room for the prayer (when the sun is at its highest point) and it almost goes unnoticed until the sun moves beyond it (i.e. al-Istiwa’) only that it is possible for a person to make the opening Takbir (at the time of Istiwa’) in which case the prayer is invalid. Similarly, Imam Ibn Hajar says in Manhaj al-Qawim that the time of Istiwa’, despite being extremely narrow, still gives room for the opening Takbir (like we have stated above, the prayer is invalid when the opening Takbir coincides with Istiwa’. Sheikh Sulayman al-Kurdi affirms this in his marginalia of Manhaj al-Qawim.
3. from when the sun yellows before sunset until after it has set; This is the last prayer time that is forbidden due to being connected with time.
The author concludes with the second and final category of the times when prayer is forbidden, the basis of which, again mentioned by Abu Ishaq al-Shirazi in al-Muhadhdhab, is the Hadith of Ibn ‘Abbas (May Allah be please with both of them) that the Prophet (Prayers and peace upon him) prohibited the prayer after ‘Asr until the sun has set and after Subh until the sun has risen. Imam Muslim related it.
4. after praying the current dawn prayer (subh); i.e. until the sun has risen a spear’s length as Imam al-Nawawi mentions in his Minhaj.
5. after praying the current midafternoon prayer (‘asr); (even if one joins Duhr and ‘Asr in the time of Duhr as Imam al-Ramli and others mention) i.e. until the sun has set. The reason for this prohibition is the Hadith related by Imam Muslim, “Verily the sun rises and sets between the horns of Shaytan.” And at that time, the disbelievers prostrate to the sun.
Sheikh Sulayman al-Bujarymi states that there is a 6th time when the prayer is prohibitively disliked and that is when the orator ascends to the Mimbar. In addition, Imam al-Ramli mentions that some ‘Ulama add two other times when the prayer is prohibitively disliked and they are;
1. After dawn until the prayer.
2. After sunset until the prayer.
The well-known view of the Madhhab is that the disliked ness is just disliked (i.e. makruh tanzih) and not prohibitively disliked.
The exceptions
Exceptions (meaning, the following prayers are not prohibitively disliked no matter what time they are offered in) to the above are;
1. Prayers with a particular reason or a reason which precedes the prayer or coincides with the prayer, the author signals to the former by saying;
It is permissible at the above times to offer nonobligatory prayers that are performed for a particular reason, such as the funeral prayer, greeting the mosque, or the two raka’as that are sunna after ablution (wudu); and is also permissible to make up missed prayers; though one may not perform the two rak’as that are sunna before entering the state of pilgrim sanctity (ihram).
Imam al-Nawawi says in al-Majmu’, “(the view of) our Madhhab (i.e. the Shafi’i Madhhab) is that the prayer being forbidden in the above times is only for prayers without a particular reason (ar: Nafl Mutlaq). As for prayers with a particular reason, there is no disliked ness (in offering such prayers at the above times). What is meant by “a particular reason” is that prayer which has a reason preceding the prayer.”
Other prayers with a particular reason (aside from the ones mentioned by the author, ibn Naqib, include;
a) The two rak’ats of Tawaf; the particular reason being the Tawaf which precedes the two rak’ats.
b) The prostration of Qu’ran recital and thankfulness.
Imam al-Ramli gives a few examples of prayers with a coinciding reason including;
a) The Eclipse prayer.
b) The Drought prayer.
c) Repeating the group prayer
d) Repeating the prayer of one who has made Tayammum.
The author’s saying, “though one may not perform the two rak’as that are sunna before entering the state of pilgrim sanctity (ihram).” is the sounder of two views. It is affirmed by the Jamhur , because it’s reason comes after the prayer and al-Bandiji affirmed it in Kitab al-Hajj. The second view is that the two Raka’ts of Ihram are not disliked, al-Baghawi and others narrate it. The reason being is that the intention of Ihram is a reason preceding the prayer. Imam al-Nawawi mentions that this view is strong.
2. Prayers offered in the Haram of Makkah, the author signals to this exception by saying;
It is not offensive to pray within the Meccan Sacred precinct (Haram) at any time.
The Haram of Makkah is excluded because of the following Hadith narrated by Jubayr bin Mut’am (may Allah be please with him) that the Prophet (Prayers and peace upon him) said, “O ‘tribe of ‘Abd Manaf, none of you are prevented from making Tawaf in the house (i.e. Ka’ba) nor praying in (the Ka’ba) anytime one wishes, be it night or day. Abu Daud and al-Tirmidhi related it in Kitab al-Hajj and al-Nasa’I , ibn Majah and others in Kitab al-Salah. This (Hadith) is the wording of al-Tirmidhi and he said that the Hadith is Hasan Sahih.
Imam al-Nawawi says in al-Majmu’, and our companions said, that the prayer in Makkah in these times is not disliked, whether the prayer is the two raka’ts of Tawaf or not. This is the sound and well-know view according to them. There exists an opinion that the only prayer which is permitted is the two raka’ts of Tawaf, those of Khurasan relate it, as well as a group of those of ‘Iraq, among them are Sheikh Abu Hamid, al-Bandiji, al-Mawardi and the author of al-Hawi narrated it from Abu Bakr al-Qaffal al-Shashi. The Madhhab is the first view (i.e. that the exception is not restricted to the two raka’ats of Tawaf). The view in opposition to the al-Sahih is that prayer in Makkah (in these times) is disliked given the generality of the Ahadith. Imam al-Ramli mentions this in Nihayah.
Furthermore, Imam al-Nawawi says, what is meant by Makkah, is the city and the entire Sacred Precinct and its surroundings. According to another view, it is only permitted to perform the prayer in the city itself and not the rest of the Sacred Precinct. A third view, related by the author of al-Hawi from al-Qaffal al-Shashi is that the prayer is only valid in the Masjid which surrounds the Ka’ba and not the outskirts, such as the houses in Makkah and the rest of the Sacred Precinct. The sound view is the first (i.e. the al-Sahih is that what is meant by Makkah is the city, the entire Sacred Precinct and its surroundings).
The al-Sahih view that we have related above from al-Majmu’ is that it is not prohibitively disliked to offer prayers with a particular reason at any time in the Haram of Makkah.
However, is it better not to do (ar: Khilaf al-Awla)?
According to Imam ibn Hajar in his Manhaj al-Qawim and similarly in his Tuhfat al-Muhtaj and al-Imdad, it is not Khilaf al-Awla. The reason being is that the difference of opinion (i.e. of whether or not prayers offered at the prohibited times in the Haram are lawful or unlawful) is weak. Sheikh Sulayman al-Kurdi comments upon this statement of Imam Ibn Hajar by saying, “Because one does not consider a difference of opinion when it opposes an established Sunnah.
Imams Sheikh al-Islam Zakariyya al-Ansari, Sheikh al-Khatib al-Shirbini, Imam ibn Hajar in Fath al-Jawad and Imam al-Ramli held the view that it is Khilaf al-Awla so as to escape the difference of opinion of those who held it to be unlawful, such as Abu Hanifah and Malik. Imam al-Ramli himself says in Nihayat al-Muhtaj, “surely it is Khilaf al-Awla just as al-Mahamili relates in Maqna’ so as to escape the difference of opinion.”
The final exception is the prayer offered when the sun is at it’s zenith on Fridays, the author signals to this by saying;
Nor is it offensive to pray when the sun is at its zenith on Fridays (N: whether in the Sacred Precinct or elsewhere).
Prayers (i.e. ones with a particular reasons) offered at the time of Istiwa’ are not prohibitively disliked on Fridays, even if one does not attend the Friday Prayer as Imam al-Ramli mentions in Nihayah. However, Imam Abu Ishaq al-Shirazi in al-Muhadhdhab, relates two views regarding one who does not attend the Friday Prayer. The first view is that it is permissible and the second that it is not.
Imam al-Nawawi mentions three more views in his commentary (i.e. al-Majmu’) and explains which of these five is soundest (ar: al-Asahh);
1. That prayer is permissible for everyone, without any disliked ness, at any time on Friday.
2. The soundest view - that the prayer is permitted for everyone at the time of Istiwa’ specifically, regardless if one attends the prayer or not. (view number one doesn’t differentiate between Istiwa’ and other during times during Friday, whereas the second view does draw the distinction), this view is what Imam Ramli mentions above in his Nihayah.
3. That the prayer is permissible for the one who attend the Friday Prayer and not anyone else. Al-Qadhi Abu al-Tayyib regarded this view to be sound.
4. That the prayer is permissible for the one who attend the Friday Prayer and is overcome by sleep.
5. That the prayer is permissible for the one who attends the Friday Prayer, is overcome by sleep and arrived early.
Conclusion,
We have concluded our brief treatise regarding times when the prayer is forbidden. We have explained the prayers times, defined the meaning of Unlawful and prohibitively disliked, elucidated the times when prayer is forbidden and some exceptions to the latter.
If we can summarize what we have mentioned above in a few statements, we can say that; Prayers without a particular reason are prohibitively disliked according to the relied upon view (as mentioned in al-Rawdah and al-Majmu, and related by Sheikh al-Islam in Fath al-Wahhab , Imam al-Ramli in Nihayat al-Muhtaj and others) at the five times mentioned above (or six times as Sheikh Sulayman al-Bujayrmi mentions) with the exception of prayers with a particular reason (be it a reason preceding the prayer or coinciding with the prayer), prayers offered in the Haram of Makkah at any time or prayers offered at the time of Istiwa on Friday.
Allah Ta ‘Ala knows best
The needy one,
Mahmud Adam
2/11/2010
Appendix one
The 6th time when prayer is forbidden
As we related above, from Sheikh Sulayman al-Bujayrmi, there is a 6th time when prayer is forbidden. One will find this issue discussed in the chapter dealing with the Friday Prayer and not the section dealing with times when the prayer is forbidden, except it in a few work such as al-Muqaddimat al-Hadhramiyyah by Sheikh BaFadhl.
Regarding the 6th time, Imam Ahmad al-Ramli says in Nihayat al-Muhtaj, it is *prohibitively disliked, by scholarly consensus as mention by al-Mawardi and others, for any of the Friday Prayer attendees to offer supererogatory prayers *after the orator has ascended to the Mimbar and is seated upon it, as mentioned in al-Majmu’.
*Sheikh ‘Ali al-Shabramillisi comments upon Imam al-Ramli’s statement “prohibitively disliked” by saying, “and the disliked ness continues until the sermon and what follows it are complete.”
As for the time between the orator ascending and sitting, it is not forbidden to offer prayers at such time as Sheikh ‘Ali al-Shabramallisi notes.
Both the obligatory prayer, even a make-up, and optional prayers are unlawful and invalid at this time. When one is praying when the orator is ascending to the mimbar and seated upon it, it is obligatory to pray one’s prayer quickly as Imam al-Ramli relates from Sheikh Nasr. Moreover, Imam ibn Hajar mentions in Manhaj al-Qawim that it is unlawful to lengthen the prayer that one began before the orator ascended to the Mimbar. Thereafter, Imam ibn Hajar says that it is not permitted for the one entering to pray any prayer except two rak’ats of greeting the Masjid (ar: Tahiyyat al-Masjid). This is the exception to the praying being prohibitively disliked at the above time.
Similary, Imam al-Ramli mentions that the exception (to the above) is Tahiyyat al-Masjid for the one entering the Masjid while the orator is on the Mimbar. (In this case) it is Sunnah for him to perform Tahiyyat al-Masjid and it is obligatory for him to keep it short. What is meant by “keeping it short”, as Imam al-Ramli explains, is confining oneself to the integrals (of the prayer) and not praying fast as al-Zarkashi has mentioned. However, the sounder view (ar: al-Awjah) is that “keeping it short” means leaving what is customarily considered long. Sheikh ‘Ali al-Shabramillisi comments upon this last statement by saying, i.e. one may read a short Surah after Surat al-Fatihah.
The Jurists specifically mention two rak’ats, what if one performs more than that?
Imam al-Ramli says, “And one may not pray more than two rak’ats in any case.” Sheikh Sulayman al-Kurdi affirms this view by saying, and more than two rak’ats are invalid.
Another problem comes up; what if one enters the Masjid and the orator isn’t delivering the Friday Sermon?
Imam al-Ramli says, “if one deems it most likely that by praying Tahiyyat al-Masjid one will miss the opening Takbir with the Imam, then one does not pray it (al-Shabramillisi adds, as a recommendation, i.e. not a prohibition. However, Imam Ibn Hajar clearly states that it is disliked in Manhaj al-Qawim), rather one stands until the prayer commences. One does not sit (in such a scenario) so to avoid sitting before praying Tahiyyat al-Masjid. Furthermore, Ibn al-Rif’ah says that if one prayed in this case (mentioned by Imam al-Ramli) then it is recommended for the Imam to lengthen the Friday Sermon’s speech to the extent that (the one praying Tahiyyat al-Masjid) can complete it. Sheikh al-Islam said, and that which he mentioned (i.e. Ibn al-Rif’ah) has been laid down in al-Umm. Nihayat al-Muhtaj
And Allah Ta ‘Ala knows best.
Appenix two
Technical terminology in the Shafi’i Madhhab
The luminaries of the Shafi’i Madhhab have specific technical terminology in their works denoting the views representing the Madhhab and views that are differed over. We have mentioned some of them in our treatise above, therefore, we deem it necessary to explain what these technical terms mean and what they exactly entail.
We have drawn upon the introduction of Imam al-Nawawi’s Minhaj with Imam al-Ramli’s commentary, Ahmad Mayqari al-Ahdal’s Sullam al-Muta’llim al-Muhtaj with further notes from Sheikh Ahmad Sahl Mafudh’s al-Thamarat al-Hajaniyyah.
Al-Adhar and al-Mashhur
Imam al-Nawawi (may Allah be please with him) says in Minhaj al-Talibin, “Whenever I say, “in the more apparent view” (ar: fi al-Adhar) or “the well known view” (ar: al-Mashhur) then (the conflicting views ) are from two sayings or many sayings (ar: Aqwal)” (Imam al-Ramli: of Imam al-Shafi’i, may Allah be please with him, furthermore, the two views can be from the new school (ar: al-Jadid) or the old school (ar: al-Qadim) or one of the views can be from the new school and one of them from the old school. Imam al-Shafi’i could have said both views at two different times or at one particular time, one of the views may be preponderant or it may not be. Nihayat al-Muhtaj.)
Thereafter, Imam al-Nawawi says, “and if the difference (between the views) is strong (strength of one view over the other here is determined by the strength of the proof which Imam al-Shafi’i relied upon, as Sheikh Sahl Mahfudh mentions) then I say al-Adhar (Imam al-Ramli: signifying the apparentness of the view in opposition).
Sheikh Ahmad al-Ahdal says that four things are drawn from the term al-Adhar;
1. Al-Khilafiyyah – meaning that the legal problem bears a difference of opinion.
2. Al-Arjahiyyah – meaning that in the legal problem, there is one preponderant view (ar: al-Rajih) and one non-preponderant view (ar: al-Marjuh). The preponderant view is the one mentioned and the view in opposition is the non-preponderant view.
3. That the difference (in the views) is from two sayings of Imam al-Shafi’i or various sayings and not from the views of his companions.
4. The apparentness of the opposite view- meaning that the opposite view is apparent in and of itself, despite the fact that the relied upon view in legal verdict and ruling are according to the al-Adhar.
What if the difference is weak?
Imam al-Nawawi says, and if not (Imam al-Ramli: such that the difference is weak), then (I say) al-Mashhur (Imam al-Ramli: signaling to the peculiarity of the opposing view due to the weakness of its proof).
Secondly, Sheikh Ahmad al-Ahdal says that four things are drawn from the term al-Mashhur;
1. Al-Khilafiyyah- meaning that the legal problem bears a difference of opinion.
2. Al-Arjahiyyah – meaning that in the legal problem, there is one preponderant view and one non-preponderant view. The preponderant view is the one mentioned and the view in opposition is the non-preponderant view.
3. That the difference (in the views) is from two sayings of Imam al-Shafi’i or various sayings and not from the views of his companions.
4. The peculiarity of the opposing view – meaning that it is hidden and unknown. Therefore, the view opposing the al-Mashhur is weak.
Al-Asahh and al-Sahih
Imam al-Nawawi says, “and whenever I say, “the soundest view (ar: al-Asahh) or the sound view (ar: al-Sahih), then (the difference) is from two views or various views. (Imam al-Ramli: of the companions of Imam al-Shafi’i) And if the difference is strong, then I say al-Asahh (Imam al-Ramli: signaling to the validity of its opposing view), otherwise (such that the difference is weak, as in the case of al-Mashur, I say) al-Sahih (Imam al-Ramli: signaling to the invalidity of its opposing view). Sheikh Ahmad Sahl Mahfudh mentions that for this reason, one does not express the Aqwal with the term al-Sahih out of respect to Imam al-Shafi’i.
Thirdly, Sheikh Ahmad al-Ahdal says that four things are drawn from the term al-Asahh;
1. Al-Khilafiyyah- meaning that the legal problem bears a difference of opinion.
2. Al-Arjahiyyah – meaning that in the legal problem, there is one preponderant view and one non-preponderant view. The preponderant view is the one mentioned and the view in opposition is the non-preponderant view.
3. That the difference is from a view of the companions of Imam al-Shafi’i, deduced from Imam al-Shafi’i principles, stipulations and at times they exercised Ijtihad in some of their views. Therefore, the difference is between his companions in a legal problem. At times, the companions stood alone in their view, such as al-Muzani and Abu Thawr, so their Aqwal are not considered views in the Madhhab.
4. The validity of the opposing view because of the strength of the difference due to the might of the opposing view’s proof.
Lastly, Sheikh Ahmad al-Ahdal says that four things are drawn from the term al-Sahih;
1. Al-Khilafiyyah- meaning that the legal problem bears a difference of opinion.
2. Al-Arjahiyyah – meaning that in the legal problem, there is one preponderant view and one non-preponderant view. The preponderant view is the one mentioned and the view in opposition is the non-preponderant view.
3. That the difference is a view from the companions deduced from Imam al Shafi’i’s statements. Therefore, if the difference is strong due to the strength of the proof, the view is expressed with al-Asahh. If the difference is weak, due to the weakness of the proof, the view is expressed with al-Sahih.
4. The invalidity of its opposing view – meaning that the view in opposition to the al-Sahih is weak and one does not act upon it but acts upon the al-Sahih.
Closing note;
We have used the term al-Madhhab, therefore we feel it befitting to briefly explain what it means:
Al-Madhhab- means- that when the companions of Imam al-Shafi’i differ over the Madhhab’s narration, they express the al-Rajih through the term al-Madhhab. An example of this is when some companions narrate a difference of opinions and others narrate that there isn’t a difference of opinion or that the matter is decided. Another example is when some companions narrate that there is a difference regarding the sayings of Imam al-Shafi’i while others narrate it as a difference regarding the views of the companions. Al-Madhhab is considered the al-Rajih and the view opposing it is al-Marjuh and is not practiced upon.
For further information regarding the technical terminology and what they entail, please see Imam al-Nawawi’s al Majmu, Minhaj al-Talibin, Sheikh Sulayman al-Kurdi’s al-Fawa’id al-Madaniyyah or Sayyid ‘Alawi al-Saqqaf’s abridgement al-Fawa’id al Makkiyyah.
And Allah Ta’Ala knows best.
Bibliography:
Al-Nawawi, Abu Zakariyya, al-Majmu’ Sharh al-Muhadhdhab, Beirut, Lebanon: Dar al-Fikr, 2000.
Al-Ramli, Shams al-Din Ahmad, and ‘Ali Shabramillisi, Nihayat al-Muhtaj ila Sharh al-Minhaj with al-Shabramillis’ glosses, Beirut, Lebanon: Dar al-Fikr, 2004.
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