تَجِبُ اَلْخَمْسُ عَلَى كُلِّ مُسْلِمٍ مُكَلَّف ٍ إِلَّا حَائِضًا وَنُفَسَاءَ, وَلَا تَصِحُّ مِنْ مَجْنُونٍ وَلَا صَغِيرٍ غَيْرِ مُمَيَّز ٍ وَعَلَى وَلِيِّهِ أَمْرُهُ بِهَا لِسَبْعٍ, وَضَرْبُهُ عَلَى تَرْكِهَا لِعَشْرٍ, وَيَحْرُمُ تَأْخِيرُهَا إِلَى وَقْتِ اَلضَّرُورَةِ إِلَّا مِمَّنْ لَهُ اَلْجَمْعُ بِنِيَّتِهِ, وَمُشْتَغِلٌ بِشَرْطٍ لَهَ ا يَحْصُلُ قَرِيبًا, وَجَاحِدُهَا كَافِر
Salah is mentioned first because it is the first practical prayer after the Shadatain. Taharah is basically part of Salah and both these chapters together form a large chapter. Anyone who disputes the 5 daily prayers being obligatory is immediately out of the fold of Islam. It is a very well known, well established and wide spread ruling in the Shariah.
The Hanabila say that there is not a single individual obligation except for the 5 daily prayers. This means that Witr is not wajib as the Hanafis say. This means that the Tahyatul Masjid is not wajib as the Dhahiris say. Salatul Eid is not Fardh Ain but rather Fard Kifayah as per the Madhab. Based on the Hadith of the Prophet ﷺ where he told the man of the morning and night prayers being obligatory and the rest being nafil.
It is obligatory on everyone who is mukallaf – someone who is mentally sane and has reached the age of puberty except for the one menstruating or having post partum bleeding. It is Haram upon a menstruating woman to pray. Salah is not obligatory, valid and required for an insane person. Severely disturbed till the person can’t distinguish or take decisions etc. It is not required and nor is it valid for a child below the age of 7 years as per the Hijri calendar. This doesn’t mean that they cannot pray but rather they should be encouraged to pray. Before the age of 7, it’s not an obligation upon them. Hadith of the Prophet ﷺ. A 6 year leading the Salah doesn’t have a valid prayer and the prayer of the people praying behind him is also invalid. The guardian of the child should order him to pray once he’s reached the age of obligation and strike him if not at the age of 10. Striking means to discipline, not beat. This is based on case to case scenarios and the parents know how their kid is, and how they would respond. The illah is to get them to pray and not to beat them. There’s 3 years of practice and teaching before retorting to discipline them.
It is prohibited to delay the prayer from its obligated time till the restricted time. The restricted time or the time of necessity is the time just before the next prayer but after the obligated time has passed.
As per the Hanabila, the Malikiyyah and others Salatul Asr has 2 times – First being since the beginning of its time when the length of the shadow is the same as the person or the object. When the shadow becomes twice the length then this is the end time of Asr as per the Hanabila. From this time till Maghrib is called Waktu ad-Darrura where Asr cannot be prayed unless with a valid excuse.
Likewise with Salatul Isha, from the time Maghrib ends till the third of the night. This has a difference of opinion but this will be addressed later in its respective chapter. A delay in performing Salah is not allowed except for the one who is combining his prayers. It is also not allowed to delay the Salah to such a point so that you don’t have enough time to complete your prayer. Catching one rakah of the Salah means adah- you have caught the prayer but you will be sinful for pushing it to such a time.
Even for the one combining he should make the intention for it at the start of the first prayers time (jama’a taqdeem) jama’a ta’kheer praying in the time of the second prayer. Even if you have a valid reason to combine not intending to pray the combined prayers is as good as delaying the prayer. If Asr is at 3 you cannot make the intention to combine Dhuhr and Asr at 3:30. It should be done before.
The other person who is allowed to slightly delay the prayer is one who is busy fulfilling one of the requirements of the Salah. Waking up in a state of janabah, cannot do tayammum, do ghusl and pray Fajr. Sheikhul Islam Ibn Taymiyyah and Imam Malik say that the time of prayer is more important that janabah so they allow tayammum. Lack of Water or water in the winter are ruled based on the case scenario but the majority of the scholars allow delay to fulfil the condition leading to Salah.
Those who say that Salah is not obligatory but just a means to get close to Allah then this is Kufr. Anyone who denies the obligation of the Salah is a kafir. Irrespective of you understand the hikmah behind doing so or not, you just have to submit because Allah said so. The one who wants to be spiritual on their own terms will sooner or later go against the laws of Allah. That’s why it’s upon us to learn and understand the usul of the Deen.
What about the one who leaves Salah despite knowing that it’s obligatory out of laziness or negligence? – The majority of the scholars say that this is a major sin but doesn’t constitute Kufr. They all say that this necessitates a legal punishment upon the person who leaves it intentionally. Some make it capital punishment and some make it imprisonment.
The Hanabila say that the one who leaves Salah intentionally and he is told to pray by the ruler, Hakim or the judge and still doesn’t comply then he becomes a kafir as per the hadith of the Prophet ﷺ saying the only difference between the believer and the disbelievers is Salah. This doesn’t mean that we do takfir of those who don’t pray or don’t attend their janazah etc.
He delays the Salah till there is hardly any time for him to pray. Lets say he missed Dhuhr but he delays even Asr till there is no time to combine and pray the 2 together. So now he has missed 2 prayers. This is so just in case he thought he would combine. But if he misses that too then we know thst he is delaying his prayers. Even yet he isn’t called a kafir.
The Imam (leader or judge) calls him to pray and he insists on not praying. Only then we say that he has disbelieved and is given 3 days to return otherwise the capital punishment is carried out on him as an apostate. Such conditions are rarely fulfilled.
The Sheikh of the Hanabila, Ibn Quddamah رحمه الله says that the one who leaves the Salah is not a disbeliever and this is a strong position in the madhab even with the above mentioned conditions of the Hanabila. Why? Because the Prophet ﷺ says in an agreed upon alaih hadith that one who sticks to the 5 daily prayers then he has a contract with Allah to enter Jannah and the one who leaves it then he will not have a promise from Allah for Jannah. If He wishes He will punish him or pardon him. The only one who can be forgiven in the akhirah is a Muslim and never a disbeliever.
For those Who leave the Salah then their Iman is in doubt and they are very close to Kufr. If they die we do pray over them and bury them in a Muslim graveyard but they won’t have a promise of Jannah with Allah in the hereafter.
Adhan and Iqamah
اَلْأَذَانُ وَالْإِقَامَةُ فَرْضَا كِفَايَةٍ عَلَى اَلرِّجَالِ اَلْأَحْرَارِ اَلْمُقِيمِينَ لِلْخَمْس ِاَلْمُؤَدَّاةِ وَالْجُمْعَةِ.
Adhan and Iqamah are fardh Kifayah a communal obligation on the men, those who are free, and those who are considered as residents. It isn’t obligatory for every congregation/masjid to give the adhan. But if the main masajid are giving the adhan then just Iqamah is also fine. It is an obligation upon the men.
The women don’t make the adhan or the Iqamah. The adhan for women is makruh and invalid in the first place. Clapping is for women and takbeer is for men. Raising the voice is prohibited for women and restricted to men especially more if it’s in public and in the presence of men. Keep in mind though that her voice is not awrah, this is about etiquette and decency for women to not do such in front of other men. Raising the voice unnecessarily is blameworthy for both men and women. The Sahabiyat were role-models of modesty as well as role-models of knowledge. We should know the balance and understand how to imitate them. Speak, but speak based on knowledge and not unchecked emotions.
The adhan is recommended for the 5 daily prayers and this includes Jumuah.
و لَا يَصِحُّ إِلَّا مُرَتَّبًا مُتَوَالِيًا مَنْوِيَّا مِنْ ذَكَرٍ مُمَيَّزٍ عَدْل ٍ وَلَوْ ظَاهِرًا وَبَعْدَ اَلْوَقْتِ لِغَيْرِ فَجْر ٍ
The Conditions of Adhan:
1. Performed in its prescribed order.
2. Performed consecutively.
3. With an intention to perform the adhan:
a. By a male.
b. A male who has reached the age of tameez- 7 years or more of age. Adhan by a person below the age of 7 is invalid.
c. Someone who is just and not openly corrupt indulging in agreed upon corruption.
4. Performed after the time of the Salah has entered with the only exception being the Adhan of Fajr.
وَسُنَّ كَوْنُهُ صَيِّتًا أَمِينًا عَالِمًا بِالْوَقْت ِ
It it recommended for the Muaddhin to be:
1. Someone who has a loud voice.
2. Trustworthy. This is different from being upright for that is already a condition. Since we rely on the Muaddhin for our salah, he should be extra trustworthy.
3. Someone who is knowledgeable of the time.
وَمَنْ جَمَعَ أَوْ قَضَى فَوَائِتَ أَذَّنَ لِلْأُولَى, وَأَقَامَ لِكُلِّ صَلَاةِ
If someone combines the Salah, then the adhan is made only once and the iqamah is given for every salah.
وَسُنَّ لِمُؤَذِّنٍ وَسَامِعِهِ مُتَابَعَةُ قَوْلِه ِ سِرًّا
إِلَّا فِي اَلْحَيْعَلَةِ, فَيَقُولُ: اَلْحَوْقَلَة َ
It is recommended for the muaddhin and those who can hear him to follow his call quietly. Repeat the words of the Muaddhin except for when he says “اَلْحَيْعَلَةِ”. At the point the person should say, “اَلْحَوْقَلَة”.
وَفِي اَلتَّثْوِيب ِ صَدَقْتَ وَبَرَرْتَ
When the Muaddhin adds in the adhan for the Fajr Salah, we reply with “صَدَقْتَ وَبَرَرْتَ”. There is no proof of this from the Sunnah that is authentic per say, however the Hanabila and the Shafiyyah say that that part of the adhan is not a dhikr but rather a statement. There is a difference of opinion on this matter. Some scholars opine to repeat exactly what the muaddhin says and others opine to remain silent as nothing is reported from the Sunnah.
وَالصَّلَاةُ عَلَى اَلنَّبِيِّ -عَلَيْهِ اَلسَّلَامُ- بَعْدَ فَرَاغِهِ
وَقَوْلُ مَا وَرَد َ
After the adhan it is recommended to send salah upon the Prophet ﷺ followed by the well known dua to be made after the adhan. This is then followed by making dua. As per the madhab repeating the words is to be done even during the iqamah as the Prophet ﷺ even refers to the iqamah as the adhan. Other scholars restrict it to just the adhan.
وَحَرُمَ خُرُوجٌ مِنْ مَسْجِدٍ بَعْدَهُ
بِلَا عُذْر ٍ
أَوْ نِيَّةِ رُجُوعٍ
It is haram to leave the masjid after hearing the adhan without a valid excuse or unless a person is intending to return. Another point is added which says that it isn’t impermissible to leave if someone intends to pray in congregation in another Masjid. This should be done if a person is confident that the person can make it for the congregation.
Conditions of Salah – شُرُوطُ صِحَّةِ اَلصَّلَاةِ سِتَّةٌ
اِجْتِنَابُ نَجَاسَةٍ غَيْرِ مَعْفُوٍّ
The Conditions of a Valid Salah (Sahih) are 6:
1. Purification from spiritual impurity (Hadath).
2. The entering of the time.
3. Covering the awrah.
4. Avoid any amount of impurity that is not excused.
5. Facing the Qiblah
فَوَقْتُ اَلظُّهْرِ مِنَ اَلزَّوَالِ حَتَّى يَتَسَاوَىَ مُنْتَصِبٌ وَفَيْؤُهُ سِوَى ظِلِّ اَلزَّوَال
The time for Dhuhr is when the sun reaches its zenith till the length of an objects shadow minus its length at the zenith equals its height. Entry of Dhuhr is when the sun is at its highest point in the sky and it ends when the objects shadow equals the length of the object itself. This might not apply to all places as there is still some shadow at noon.
Salah which is prayed even a few minutes before the adhan or its time has entered is invalid. The only exception to the rule is praying Asr or Isha before its time by combining it with Dhuhr and Maghrib respectively – Jama’ Taqdeem provided there’s a valid condition or a need.
وَيَلِيه اَلْمُخْتَارُ لِلْعَصْرِ حَتَّى يَصِيرَ ظِلُّ كُلِّ شَيْءٍ مِثْلَيْهِ, سِوَى ظِلِّ اَلزَّوَالِ
وَالضَّرُورَةُ إِلَى اَلْغُرُوبِ
After it is the chosen time of ‘ikhtiyar’ or the preferred time of Asr. In the hanbali madhab, there are two times for Asr and Isha. The general rule is that the end time of one salah is the start time of the next salah with the exception of Fajr. The salah has to be prayed in the chosen time for Asr till before Maghrib. You can only pray it beyond its chosen time with a valid excuse. The chosen time ends when the shadow becomes twice the height of the object – that’s when Asr has ended. This is the Mu’tamad of the madhab.
It is based on the hadith where Ibn Abbas narrated that: the Prophet ﷺ said:
أَمَّنِي جِبْرِيلُ عَلَيْهِ السَّلاَمُ عِنْدَ الْبَيْتِ مَرَّتَيْنِ فَصَلَّى الظُّهْرَ فِي الأُولَى مِنْهُمَا حِينَ كَانَ الْفَىْءُ مِثْلَ الشِّرَاكِ ثُمَّ صَلَّى الْعَصْرَ حِينَ كَانَ كُلُّ شَيْءٍ مِثْلَ ظِلِّهِ ثُمَّ صَلَّى الْمَغْرِبَ حِينَ وَجَبَتِ الشَّمْسُ وَأَفْطَرَ الصَّائِمُ ثُمَّ صَلَّى الْعِشَاءَ حِينَ غَابَ الشَّفَقُ ثُمَّ صَلَّى الْفَجْرَ حِينَ بَرَقَ الْفَجْرُ وَحَرُمَ الطَّعَامُ عَلَى الصَّائِمِ . وَصَلَّى الْمَرَّةَ الثَّانِيَةَ الظُّهْرَ حِينَ كَانَ ظِلُّ كُلِّ شَيْءٍ مِثْلَهُ لِوَقْتِ الْعَصْرِ بِالأَمْسِ ثُمَّ صَلَّى الْعَصْرَ حِينَ كَانَ ظِلُّ كُلِّ شَيْءٍ مِثْلَيْهِ ثُمَّ صَلَّى الْمَغْرِبَ لِوَقْتِهِ الأَوَّلِ ثُمَّ صَلَّى الْعِشَاءَ الآخِرَةَ حِينَ ذَهَبَ ثُلُثُ اللَّيْلِ ثُمَّ صَلَّى الصُّبْحَ حِينَ أَسْفَرَتِ الأَرْضُ ثُمَّ الْتَفَتَ إِلَىَّ جِبْرِيلُ فَقَالَ يَا مُحَمَّدُ هَذَا وَقْتُ الأَنْبِيَاءِ مِنْ قَبْلِكَ . وَالْوَقْتُ فِيمَا بَيْنَ هَذَيْنِ الْوَقْتَيْنِ ” . قَالَ أَبُو عِيسَى وَفِي الْبَابِ عَنْ أَبِي هُرَيْرَةَ وَبُرَيْدَةَ وَأَبِي مُوسَى وَأَبِي مَسْعُودٍ الأَنْصَارِيِّ وَأَبِي سَعِيدٍ وَجَابِرٍ وَعَمْرِو بْنِ حَزْمٍ وَالْبَرَاءِ وَأَنَسٍ
“Jibril (peace be upon him) led me (in Salat) twice at the House. So he prayed Zuhr the first time when the shadow was similar to (the length of) the strap a sandal. Then he prayed Asr when everything was similar (to the length of) its shadow. Then he prayed Maghrib when the sun had set and the fasting person breaks fast. Then he prayed Isha when the twilight had vanished. Then he prayed Fajr when Fajr (dawn) began, and when eating is prohibited for the fasting person. The second time he prayed Zuhr when the shadow of everything was similar to (the length of) it, at the time of Asr the day before. Then he prayed Asr when the shadow of everything was about twice as long as it. Then he prayed Maghrib at the same time as he did the first time. Then he prayed Isha, the later one, when a third of the night had gone. Then he prayed Subh when the land glowed. Then Jibril turned towards me and said: “O Muhammad! These are the times of the Prophets before you, and the (best) time is what is between these two times.” [Jami’ at-Tirmidhi]
Based on this hadith the Hanabila say that the salah has to be offered between these two times only. Many of the Hanafi masajid pray Asr after the shadow is twice the length of the object. They follow the opinion of Imam Abu Hanifa, even though his 2 main students, Qadhi Abu Yusuf and Muhammad Ibn Hassan as-Shaybani agree and follow the majority opinion on this. This is why the second narration in the Hanbali madhab can be used to make things easy and this is the position of Ibn Qudamah, Ibn Taymiyyah, Ibn Muflih and other Imams. They say the end time of Asr is not when the shadow of the object is twice its length but when there is a strong yellowing of the sun and this is much closer to Maghrib and sunset.
But if the Mu’tamad is to be followed, then a person is to pray alone at that time of Asr if he cannot find a congregation. Praying alone is better than praying late in a congregation because it is the end of time. Praying on time is more important than praying in congregation. The Mashhur postion that praying after two shadow lengths is Haram based on the Hadith of Jibreel. Other scholars says that it is only disliked and not outright impermissible.
وَيَلِيه اَلْمَغْرِبُ حَتَّى يَغِيبَ اَلشَّفَقُ اَلْأَحْمَرُ
وَيَلِيَهُ: اَلْمُخْتَارُ لِلْعِشَاءِ إِلَى ثُلُثِ اَللَّيْلِ اَلْأَوَّلِ
وَالضَّرُورَةُ إِلَى طُلُوعِ فَجْرٍ ثَانٍ
وَيَلِيه: اَلْفَجْرُ إِلَى اَلشُّرُوقِ.
The time of necessity goes up till after Maghrib. This time is a little bit later after twice the shadow length of the object. Then is the time for Maghrib and it is clear. It goes on until the red light/glow disappears and this is the beginning of Isha. Maghrib has only one time and the salah is valid if prayed in anytime between the times mentioned. Likewise with Isha, delaying to after the first third of the night is disliked.
The duration of the night is from the start of Maghrib till the start of Fajr, not sunrise.
According to Ibn Muflih and a report from Ibn Taymiyyah, the end of Isha is at midnight (not 12). If there is a strong delay to pray after midnight, it is allowed.
The time of necessity goes from after the first third of the night (or midnight) all the way up till Fajr and after that is the time of Fajr till sunrise.
وَتُدْرَكُ مَكْتُوبَةٌ بِإِحْرَامٍ فِي وَقْتِهَا
لَكِنْ يَحْرُمُ تَأْخِيرُهَا إِلَى وَقْتٍ لَا يَسَعُهَا.
The normal Muslim must follow the time or the schedule followed by his local Masjid and the jama’a. An obligatory salah is considered to be completed in its valid time as long as the first takbeer is said in the valid time. This is a technical meaning of catching the prayer, not talking about its recommendation etc. It is invalid to delay the salah for even a second without a valid excuse like sleep, unconsciousness etc.
وَلَا يُصَلِّي حَتَّى: يَتَيَقَّنَه ُ
أَوْ يَغْلِبَ عَلَى ظَنِّهِ دُخُولُهُ إِنْ عَجَزَ عَنِ اَلْيَقِينِ,
وَيُعِيدُ إِنْ أَخْطَأَ
One should not pray until one is certain that the salah time has entered. A person must be absolutely certain that time time is in for the salah and then pray.
وَمَنْ صَارَ أَهْلاً لِوُجُوبِهَا
قَبْلَ خُرُوجِ وَقْتِهَا
لَزِمَتْهُ, وَمَا يُجْمَعُ إِلَيْهَا قَبْلَهَا.
Whoever becomes qualified for its obligation like someone who has reached the age of puberty, entered Islam etc by even half a minute should pray that salah in its time.
Ex: A woman’s menstrual cycle finishes at 1:55 PM and Asr is at 2:00 PM, then she must pray Dhuhr for there is enough time to pray and get in one takbeer.
From the Mufradat of the Hanabila is to pray a salah that can be combined with it.
Ex: A woman’s menstrual cycle finishes at 5:55 PM and Maghrib is at 6:00 PM. She is now obliged to pray Asr. The Hanabila hold that she is to pray both Dhuhr and Asr since there are times when both of them can be prayed at the same time. Likewise with Isha.
وَيَجِبُ فَوْرًا قَضَاءُ فَوَائِتَ
مُرَتَّبًا مَا لَمْ يَتَضَرَّرْ أَوْ يَنْس َ أَوْ يَخْشَ فَوْتَ حَاضِرَةٍ أَوْ اِخْتِيَارِهَا
It is obligatory to make up the missed prayers in order as long as there is no harm in doing so. If there is fear that the time for the current salah will go, then that salah is to be prayed followed by making up of the previous salahs.
It was narrated from Mu’adh bin Jabal that the Prophet ﷺ combined the Zuhr and ‘Asr, and the Maghrib and ‘Isha’ when traveling during the campaign of Tabuk. [Sunan Ibn Majah]
اَلثَّالِثُ: سَتْرُ اَلْعَوْرَةِ, وَيَجِبُ حَتَّى خَارِجَهَا, وَفِي خَلْوَةٍ, وَفِي ظُلْمَةٍ بِمَا لَا يَصِفُ اَلْبَشَرَةَ.
Third Condition: Covering the Awrah
Covering the awrah is required even outside of Salah, even in seclusion or even in the dark. This covering must be such that the skin colour underneath is not visible. Praying the salah in see through clothes invalidates it.
Wearing tight clothes that show the shapes of the limbs, yet aren’t see through – for them the salah is valid because the awrah is considered to be covered. It is Haram for her to go out like this but that’s a different ruling and this is talking about the validity of the Salah. This is as per all the madhaib.
According to the Madhab it is not allowed to walk naked even at home. There is some flexibility in this issue. It is normal for people at home to lessen their clothing especially if the person is living alone or with their spouse. Here uncovering the awrah doesn’t mean the private parts but the thighs and its likes. This is not a matter of ijma. As for those living with mixed families, such a flexibility is not allowed even with the maharim.
Bahz bin Hakim narrated from his father that his grandfather said: “I said: ‘O Messenger of Allah, with regard to our ‘Awrah, what may we uncover of it and what must we conceal?’ He said:
احْفَظْ عَوْرَتَكَ إِلاَّ مِنْ زَوْجَتِكَ أَوْ مَا مَلَكَتْ يَمِينُكَ
‘Cover your ‘Awrah, except from your wife and those whom your right hand possesses.’ I said: ‘O Messenger of Allah, what if the people live close together?’ He said:
إِنِ اسْتَطَعْتَ أَنْ لاَ تُرِيَهَا أَحَدًا فَلاَ تُرِيَنَّهَا
‘If you can make sure that no one sees it, then do not let anyone see it.’ I said: ‘O Messenger of Allah, what if one of us is alone?’ He said:
فَاللَّهُ أَحَقُّ أَنْ يُسْتَحْيَى مِنْهُ مِنَ النَّاسِ
‘Allah is more deserving that you should feel shy before Him than People.’ ” [Sunan Ibn Majah]
There is a difference between the awrah to covered in salah and the awrah to be covered outside of salah.
وَعَوْرَةُ رَجُلٍ وَحُرَّةٍ مُرَاهَقَة ٍ وأَمَةٍ مَا بَيْنَ سُرَّةٍ وَرُكْبَةٍ,
وَابْنِ سَبْعٍ إِلَى عَشْرٍ اَلْفَرْجَانِ, وَكُلُّ اَلْحَرَّةِ عَوْرَةٌ إِلَّا وَجْهَهَ ا فِي اَلصَّلَاةِ
The awrah of a man and that of a young girl who hasn’t reached the age of a puberty and that of a female slave is from between the navel and the knees and this doesn’t include the navel and the knees by itself. The Imams, say that for a girl above the age of 7 or close to hitting puberty, the awrah is that which normally doesn’t appear or that which naturally aught to be covered and it is not comprehensible that the chest of a girl is exposed.
The awrah of a boy between 7 years of age and 10 years is the private parts. The entire body of a woman is awrah except her face in salah. According to the position of the Hanabila, the hands and feet are also to be covered except the face. A second strong opinion within the madhab held by the likes of Imam Ibn Qudaman, Sirajaddin ad-Dujaily and others states that a woman can uncover her face as well as the hands. As for the feet, they must be covered either with socks, or a long dress. Them becoming uncovered by mistake doesn’t invalidate the salah.
Outside of salah, the Hanabila say that a woman is to cover everything in front of non-mahram men.
Covering the face is wajib. The second opinion in the madhab allows uncovering the face and the hands and this is held by some of the early scholars. The niqab by itself is not wajib, it is the act of covering that is wajib, no matter what you use as long as the requirement is met.
The Hanabila say that it is Haram to look at a woman’s face, irrespective of desire or not.
Jarir said I asked the Apostle of Allah ﷺ about an accidental glance (on a woman). He ﷺ said
“Turn your eyes away.” [Sunan Abi Dawud]
Commenting on this hadith, al-Mubarakpuri said: ” ‘Accidental’ means that his gaze fell on a non-mahram woman unintentionally. ‘He commanded me to turn my gaze away’ means that he was not to look a second time, because the first glance was not by choice and would be forgiven, but any further glances would be counted as sin, and he should heed the words of Allah (interpretation of the meaning): ‘Tell the believing men to lower their gaze (from looking at forbidden things)…’ [al-Noor 24:30]”
The Messenger of Allah ﷺ said: “O Ali, do not follow a glance with another, for you will be forgiven for the first, but not for the second.” [Sunan al-Tirmidhi]
al-Qadhi Abu Ya’la رحمه الله says that looking at a woman’s face is permissible, as long as there is no fitnah and there is no desire involved at all because otherwise it is absolutely haram. There has to be a difference between teaching a madhab and giving a fatwa to the people. The position of the madhab may not change, but the fatwa might change based on the conditions and the needs. Just because something is available in the books of Fiqh doesn’t mean that it is applied verbatim in practical life. That is why it is Haram to give a fatwa, just by looking at the black and white in the books and ignoring the conditions of the people.
وَمَنِ اِنْكَشَفَ بَعْضُ عَوْرَتِهِ وَفَحُشَ
أَوْ صَلَّى فِي نَجَسٍ
أَوْ غَصْبٍ ثَوْبًا أَوْ بُقْعَة ً أَعَادَ,
لَا مَنْ حُبِسَ فِي مَحَلٍّ نَجِسٍ أَوْ غَصْبٍ
لَا يُمْكِنُهُ اَلْخُرُوجُ مِنْهُ.
If a large portion of a person’s awrah is accidentally uncovered for a period of time, then the person is to repeat the salah. But if the uncovering is for a very short period of time, then that is also excused. If a person is praying in just a one piece cloth and it falls down exposing him completely, but it’s just for a few seconds and the man coves up immediately, then his salah is valid without a need to repeat it. The large and small portion or time of uncovering depends on the person praying and the urf (custom) for the Shariah hasn’t specified anything regarding it explicitly.
If a person is praying in a najis garment, stolen garment, stolen land etc then the salah is invalid. This is the garment that covers the awrah. If the condition for the salah itself is haram (item of robbery) then it directly impacts the salah. Covering the body with haram is as though nothing is covering the body.
As for the one confined to such a stolen place, garment etc by force then the salah is valid for no other option is possible.
اَلرَّابِعُ: اِجْتِنَابُ نَجَاسَةٍ غَيْرِ مَعْفُوٍّ عَنْهَا فِي بَدَنٍ وَثَوْب ٍ وَبُقْعَةٍ مَعَ اَلْقُدْرَة ِ
وَمَنْ جَبَرَ عَظْمَهَ أَوْ خَاطَهُ بِنَجَسٍ وَتَضَرَّر بِقَلْعِهِ لَمْ يَجِبْ, وَيَتَيَمَّمُ إِنْ لَمْ يُغَطِّهِ اَللَّحْمُ.
Fourth Condition: Avoid any amount of impurity that is not excused.
The general rule is that impurities are not excused, but there are general rules where they are overlooked. Impurities must be avoided in 3 places:
1. The Body
2. The Clothes
3. The Place of Prayer.
Narrated Ibn Abbas: The Prophet ﷺ once passed by two graves and said,
إِنَّهُمَا لَيُعَذَّبَانِ، وَمَا يُعَذَّبَانِ مِنْ كَبِيرٍ ـ ثُمَّ قَالَ ـ بَلَى أَمَّا أَحَدُهُمَا فَكَانَ يَسْعَى بِالنَّمِيمَةِ، وَأَمَّا أَحَدُهُمَا فَكَانَ لاَ يَسْتَتِرُ مِنْ بَوْلِهِ
“They (the deceased persons in those graves) are being tortured not for a great thing to avoid.” And then added, “Yes, (they are being punished for a big sin), for one of them used to go about with calumnies while the other never saved himself from being soiled with his urine.” (Ibn `Abbas added): Then he took a green leaf of a date-palm) and split it into two pieces and fixed one piece on each grave and said,
لَعَلَّهُ يُخَفَّفُ عَنْهُمَا مَا لَمْ يَيْبَسَا
“May their punishment be abated till these (two pieces) get dry.” [Sahih al-Bukhari]
If an impurity is used to mend a wound or a bone and its removal is harmful, then its removal is not obligatory. In this case, if the impurity is not covered by flesh and is still visible then the person makes tayammum over it.
وَلَا تَصِحُّ بِلَا عُذْرٍ فِي مَقْبَرَةٍ وَخَلَاء ٍ وَحَمَّامٍ وَأَعْطَانِ إِبِل ٍ وَمَجْزَرَة ٍ وَمَزْبَلَةٍ وَقَارِعَةِ طَرِيق ٍ وَلَا فِي أَسْطِحَتِهَا
Some places are pure and some are impure. The Hanabila say it is haram to pray and the salah is invalid without a valid excuse in the following places based on various narrations of the Prophet ﷺ and his companions:
- A Graveyard
- A Toilet
- A Public Bath
- Camel Pens
- Slaughter Houses
- Garbage Dumps
- In the Middle of the Road
- Roofs of all these places
اَلْخَامِسُ: اِسْتِقْبَالُ اَلْقِبْلَةِ, وَلَا تَصِحُّ بِدُونِهِ إِلَّا لِعَاجِز ٍ وَمُتَنَفِّلٍ فِي سَفَرٍ مُبَاحٍ
وَفرْضُ قَرِيبٍ مِنْهَا إِصَابَةُ عَيْنِهَا, وَبَعِيدٍ جِهَتِهَا, وَيُعْمَلُ وُجُوبًا بِخَبَرِ ثِقَةٍ بِيَقِين ٍ وَبِمَحَارِيبِ اَلْمُسْلِمِينَ, وَإِنِ اِشْتَبَهَتْ فِي اَلسَّفَرِ اِجْتَهَدَ عَارِفٌ بِأَدِلَّتِهَا وَقلَّدَ غَيْرَهُ
إِنْ صَلَّى بِلَا أَحَدِهِمَا مَعَ (اَلْقُدْرَةِ ) قَضَى مُطْلَقًا
Fifth Condition: Facing the Qiblah
To perform Salah without facing the qiblah is invalid except for two – the one who is unable to find the direction of the qiblah or the one is who is praying the nawafil during travel.
From the principle is that a person can be a bit more lax with the nawafil salah as compared to the others. One can pray them sitting, have a bit to drink if need be, cut it short in the middle, second tasleem is not wajib etc which cannot be done for the fardh salah. Why? Because the Shariah wants us to increase in nawafil acts as much as possible.
The one who is close to the Kabah and can see it, has to pray directly facing the Kabah. As for the one who is at a distance, then the obligation is to pray in the direction of the Kabah. Slightly being off from the direction is allowed.
It is obligatory to take:
- The statement of a trustworthy person about the direction of the qiblah. The person has to be certain about the direction.
- The direction of the qiblah based on the masajid of the Muslims.
- If the qiblah is unclear:
- For the one travelling then the one who has the ability to find the direction of the qiblah tries to do so, and does ijtihad on the matter.
- As for the one who has nothing, follows someone who has some knowledge of the direction.
If you just pray without trying to find the direction of the qiblah then you have to repeat the salah, irrespective if the direction was correct or wrong. Even if the person who got it wrong but took the effort to find out, won’t repeat the salah.
فَيَجِبُ تَعْيِينُ مُعَيَّنَة ٍ وَسُنَّ مُقَارَنَتُهَا لِتَكْبِيرَةِ إِحْرَامٍ, وَلَا يَضُرُّ تَقْدِيمُهَا عَلَيْهَا بِيَسِيرٍ
وَشُرِطَ نِيَّةُ إِمَامَةٍ وَائْتِمَامٍ, وَلِمُؤْتَمٍّ اِنْفِرَادٌ لِعُذْرٍ, وَتَبْطُلُ صَلَاتُهُ بِبُطْلَانِ صَلَاةِ إِمَامِهِ, لَا عَكْسَ إِنْ نَوَى إِمَامٌ اَلِانْفِرَادَ
Seventh Condition: The Intention
It is obligatory to specify the specific prayers in your intention. It is recommended for the intention to be just before the first takbeer. The intention is not verbal. If there is a small time period between the intention and the salah, then it is fine.
There has to be an intention to be the Imam for the one who is leading. The Imam has to know that he is the Imam. The one praying behind the Imam is allowed to leave the salah and pray separately in the case of some excuse.
Ex: In case of an urgency, where the Imam is prolonging the salah, a person can change his intention and pray by himself.
If the salah of the Imam becomes invalid, then the salah of the followers also becomes invalid. The salah of the follower is a follow up of the Imam. However, if the salah of the one behind the Imam becomes invalid, then it doesn’t have an impact on the salah of the Imam or the congregation.
Some scholars like al-Majd Ibn Taymiyyah in Muharrar places intention as a pillar of Salah instead of a condition. It is better for it to be a condition since it needs to be done before the act begins and without it, the action is invalid. The other scholars claim that it is a pillar because it needs to be present throughout the Salah and not just at the start. This is not an issue of great difference.
– الجامعة الإسلامية العالمية بماليزيا
International Islamic Univeristy, Malaysia
23 Dhul Qa’dah 1439
Based on the Hanbali primer, Akhsar Al-Mukhtasarat authored by Ibn Balban al-Hanbali as taught by Sheikh Zahed Fettah حفظه الله