Post by AbuHumayd on Oct 17, 2015 10:00:13 GMT
Translator's preface
The following Fatwā of the Egyptian Dār al-Iftā’ is of great importance as it concerns one of the major pillars of Islām; Ṣalāh, and has become a point of contention among a group of Muslims. While some finer details of the Fatwā may depart from Ḥanafī stances, it is nevertheless of great benefit in dealing with the core issue. Overall, the proofs and line of argument in this Fatwā will surely bring to light the reality of the issue in terms of rational and textual evidences with the sound verdicts of the scholars.
The making up (Qaḍā') of prayer missed unintentionally is obligatory according to the scholarly consensus (Ijmā‘), with ibn Rushd, ibn Qudāmah, al-Nawawī and others relating Ijmā‘ in this regard. Likewise, it is obligatory to make up the intentionally missed [obligatory prayer] according to the vast majority of Fuqahā' (jurists), and this has been the practice of the Salaf and their successors (Khalaf). In fact, al-Nawawī related consensus of the credible scholars regarding this [obligation], and was of the opinion that those who differed on this issue had violated Ijmā‘.
It is obligatory to make up the missed prayers however many they may be. And when the [number of] missed prayers exceed five, the [obligation in the] sequence [of prayers] will be deferred. If [however] he does not know the actual number requiring Qaḍā', then he should continue to make them up until he is certain that he has discharged himself of the obligation. Thus, it has been narrated from Imām Aḥmad regarding a man who misses prayer: “'He should make up until there remains no doubt that he has fulfilled that which he has neglected.”
The observance of prayer at its rightful time is among the most basic attributes of a Muslim. As [Allāh ﷻ] the Most High said: 'Verily the prayer is prescribed upon the believers at fixed hours' [Sūrat al-Nisā': 103].
Also, it is well-established in Sharī‘āh that Ṣalāh, like all acts of worship stipulated for specific times, will have come to pass when unperformed at the expiry of the set time, and will remain an obligation until it has been fulfilled.
Likewise, there is consensus (Ijmā‘) regarding the obligation of making up the prayer missed unintentionally due to forgetfulness or error. As for the one who abandons prayer intentionally, then the four followed schools (Madhhabs) and the majority of jurists from the Salaf and Khalaf are of the view that this person is sinful but is nevertheless under an obligation to make Qaḍā' of the missed prayers however many they may be, and that Qaḍā' takes precedence over the praying of Nawāfil (supererogatory prayers) due to the saying of the Prophet ﷺ: “The debt due to Allāh is more deserving of being paid off.” Narrated by Imām Muslim in his Ṣaḥīḥ. At the same time, repentance from this great sin [of missing prayers] is also obligatory upon him.
The majority of scholars utilise as proof the Ḥadith of Anas رضي الله عنه from the Prophet ﷺ, narrated by al-Bukhārī and Muslim, that he ﷺ said: “Whoever forgets a prayer he should pray [it] as soon as he remembers, for there is no Kaffārah (atonement) for it (the missed prayer) except that [meaning; by fulfilling it].” [Allāh said]: 'Establish the Prayer for my mention (dhikr)' [Sūrah Ṭaḥā: 14]. Subsequently, if Qaḍā' is necessary upon the forgetful, who is even excused by Sharī‘ah in many matters, then it is more appropriate that the deliberate person is duty-bound to perform Qaḍā', as he is not excused. These scholars also utilise as proof the Ḥadīth of Abū Hurayrah رضي الله عنه that: 'The Prophet ﷺ commanded one who engaged in sexual intercourse during the day of Ramaḍān to fast [an extra] day and give Kaffārah.' That is, in expiation for the day [the fast of] which he broke by intentionally engaging in intercourse. This has been narrated by al-Bayhaqī with a good chain, with Abū Dāwūd having a similar narration. Hence, this establishes the obligation of fulfilling acts of worship that were deliberately missed out, since there is no difference [between the intentional and unintentional].
Imām ibn Rushd says in Bidāyat al-Mujtahid: 'As for the one upon whom Qaḍā' is obligatory, then the Muslims are in agreement that this is obligatory on the one who forgets and the one who sleeps [through prayer], but they differed regarding the one who intentionally misses it and the one who is unconscious[at the time of prayer]...and as for the one who neglects prayer intentionally until the prayer time has passed, then the majority of the scholars consider him to be a sinner and hold that Qaḍā' is obligatory upon him. However, some of the Ẓāhirī (literalist) scholars hold the view that he will not make Qaḍā' but remain a sinner. Of those that held this opinion is Abū Muḥammad ibn Ḥazm.
In al-‘Ināyah Sharḥ al-Hidāyah[8], a book of the Ḥanafīs, [it says]: 'And one who has [unintentionally] missed prayer or has done so deliberately, then Qaḍā' is obligatory upon him when he remembers.'
It is mentioned in the Mukhtaṣar of Imam Khalīl al-Mālikī and its commentaries, like that of al-Kharshī and al-Dardīr: 'Chapter: It is obligatory to make Qaḍā' of a missed prayer without exception. This means that it is obligatory upon the accountable person (Mukallaf) to make it up immediately, regardless of whether he missed it intentionally or by error. [Qāḍī] ‘Iyād said: ‘An aberrant opinion has been transmitted from [Imām] Mālik that the 'Qaḍā' of a person who deliberately misses it is waived. However, this [view] is not authentically transmitted from him or from anyone else.’
In al-Muhadh-dhab of Shaykh Abū Isḥāq al-Shīrāzī al-Shāfi‘ī [it states]: 'The one upon whom prayer had become obligatory but did not perform it until the time [of prayer] had elapsed, Qaḍā' becomes necessary on him due to the saying of the Prophet ﷺ: “Whoever sleeps through prayer or forgets [to perform] it then he should pray as soon as he remembers.” Thus it is preferable (Mustaḥabb) for him to make it up immediately due to the Ḥadīth we have mentioned [above]. However, it is also permissible for him to delay it as it has been narrated that the Prophet ﷺ missed Fajr and did not make it up until he had exited the valley. Hence, if immediately making it up was necessary then he ﷺ would not have delayed Qaḍā'. It is also preferable (Mustaḥabb) to make up the missed prayers in order, because the Prophet ﷺ missed four prayers on the day of Khandaq (Battle of the Trenches) and made them up according to the sequence [of the missed prayers]. Therefore, if a person makes them up without order, it will still be permissible as [the obligation of] sequence arises on account of the time [of prayer], and as such it is waived by the passing of that [prescribed] time.'[2]
Imām al-Nawawī states in his commentary on al-Muhadh-dhab: 'The scholars whose opinions are taken into consideration are of the consensus that one who abandons prayer intentionally is obligated to make it up Ibn Ḥazm disagreed and said: “It is never possible for him to make up the missed prayers, and to perform it is never correct.” He then said: “Instead, he should abundantly carry out good deeds and perform supererogatory prayers in order that his Scale (Mīzan) may be heavy on the day of Qiyāmah, and he should seek forgiveness from Allāh and repent.” [Imām] al-Nawawī [then] states: 'That which he – Ibn Ḥazm – has mentioned, as well as opposing consensus, is invalid in terms of evidence. While he has discussed at great length in establishing proofs for this [view], what he has brought is by no means any evidence.'
And among the proofs that indicate the obligation of Qaḍā' is the Ḥadīth of Abū Hurayrah رضي الله عنه: 'That the Prophet ﷺ commanded one who engaged in sexual intercourse during the day of Ramaḍān to fast [an extra] day and give Kaffārah.' That is, in expiation for the day [the fast of] which he broke by intentionally engaging in intercourse. This has been narrated by al-Bayhaqī with a good chain, with Abū Dāwūd having a similar narration. Moreover, if Qaḍā' is obligatory upon the one who misses it forgetfully, then the intentional one is surely more duty-bound.
The opinion that it is obligatory to make up missed prayer unconditionally is also what the Ḥanbalīs conform to. Some, however, have differed with regard to the intentionally missed prayer. It is recorded in al-Inṣāf of al-Mardāwī: 'Whoever has missed prayers it is obligatory upon him to make them up immediately. This is the [Ḥanbalī] Madh-hab which has been clearly mentioned, and which is the view of most fellow [Ḥanbalī] scholars, with many expressly affirming this…however, Shaykh Taqī 'l-Dīn [ibn Taymiyyah] has preferred the view that, if the one who intentionally neglects prayer repents, there is no Qaḍā' stipulated for him and [doing so] would not be correct of him. Rather he should abundantly carry out supererogatory deeds and also keep fasts. Ibn Rajab says in his commentary on Ṣaḥīḥ al-Bukhārī: 'It is found in the statements of some of our early (mutaqaddimīn) scholars that making Qaḍā' will not suffice for a person who has wilfully neglected it.'
Based on the view held by the majority of scholars that making Qaḍā' of the prayer missed deliberately is obligatory, a person whose missed prayers are numerous (i.e. more than five) the [obligation of making them up in] sequence will be deferred in relation to him, and it will be permissible for him to make them up whenever he wishes. Thus, he can make Qaḍā' after every new Farḍ prayer by performing one or more of the missed prayers he is required to make up. In this manner after many years it will be very likely for him that he has fully discharged his duty. Imām Ibn Qudāmah al-Ḥanbalī says in al-Mughnī: 'If he has many missed prayers he should busy himself with making them up as long as he experiences no physical or financial difficulty in this...and if he does not know the number [of missed prayers] required of him, then he should continue making up until he is certain that he has freed himself of this obligation.'
Imām Aḥmad said in a narration of Ṣāliḥ regarding the man who misses prayer: “He should make up until there remains no doubt that he has fulfilled that which he has neglected.” So he should confine himself to only making up the missed obligatory prayers and should not pray the [missed] supererogatory (Nāwafil) and Sunnah prayers in the meantime. This is because the Prophet ﷺ missed four prayers on the day of Khandaq so he ordered Bilāl رضي الله عنه to give the call to prayer [Iqāmah] and then performed Ẓuhr. Thereafter, he instructed Bilal again to give Iqāmah and prayed ‘Asr, after which he made Bilal give Iqāmah and prayed Maghrib. The Prophet ﷺ once again asked him to give Iqāmah and then completed ‘Ishā'. In this narration there is no mention that the Prophet ﷺ prayed the [missed] Sunnah prayers during the interval in between [the Farḍ prayers]. Furthermore, Farḍ prayers are far more significant, so being preoccupied with them takes primacy unless the [missed] prayers are few in number – in which case there is no harm in making up the emphasised Sunnah prayers. The reason being is that the Prophet ﷺ once missed Fajr so he prayed its [two Rak‘āts] Sunnah before [making up] the Farḍ.
[1] The link to the original fatwā online: m.dar-alifta.org/ViewFatwa.aspx?ID=3627&LangID=1
[2] [Translator's note] The Ḥanafīs have differed regarding the tartīb [order] of the Qaḍā' prayers, they have said it is obligatory to make it up in order; al-Mawsū‘at 'l-Fiqhiyyah (12/162)
The following Fatwā of the Egyptian Dār al-Iftā’ is of great importance as it concerns one of the major pillars of Islām; Ṣalāh, and has become a point of contention among a group of Muslims. While some finer details of the Fatwā may depart from Ḥanafī stances, it is nevertheless of great benefit in dealing with the core issue. Overall, the proofs and line of argument in this Fatwā will surely bring to light the reality of the issue in terms of rational and textual evidences with the sound verdicts of the scholars.
حكم قضاء الصلاة الفائتة
Ruling on Making up the Missed [Obligatory] Prayer
Answered by: Dār al-Iftā' al-Misriyyah[1]
The making up (Qaḍā') of prayer missed unintentionally is obligatory according to the scholarly consensus (Ijmā‘), with ibn Rushd, ibn Qudāmah, al-Nawawī and others relating Ijmā‘ in this regard. Likewise, it is obligatory to make up the intentionally missed [obligatory prayer] according to the vast majority of Fuqahā' (jurists), and this has been the practice of the Salaf and their successors (Khalaf). In fact, al-Nawawī related consensus of the credible scholars regarding this [obligation], and was of the opinion that those who differed on this issue had violated Ijmā‘.
It is obligatory to make up the missed prayers however many they may be. And when the [number of] missed prayers exceed five, the [obligation in the] sequence [of prayers] will be deferred. If [however] he does not know the actual number requiring Qaḍā', then he should continue to make them up until he is certain that he has discharged himself of the obligation. Thus, it has been narrated from Imām Aḥmad regarding a man who misses prayer: “'He should make up until there remains no doubt that he has fulfilled that which he has neglected.”
The observance of prayer at its rightful time is among the most basic attributes of a Muslim. As [Allāh ﷻ] the Most High said: 'Verily the prayer is prescribed upon the believers at fixed hours' [Sūrat al-Nisā': 103].
Also, it is well-established in Sharī‘āh that Ṣalāh, like all acts of worship stipulated for specific times, will have come to pass when unperformed at the expiry of the set time, and will remain an obligation until it has been fulfilled.
Likewise, there is consensus (Ijmā‘) regarding the obligation of making up the prayer missed unintentionally due to forgetfulness or error. As for the one who abandons prayer intentionally, then the four followed schools (Madhhabs) and the majority of jurists from the Salaf and Khalaf are of the view that this person is sinful but is nevertheless under an obligation to make Qaḍā' of the missed prayers however many they may be, and that Qaḍā' takes precedence over the praying of Nawāfil (supererogatory prayers) due to the saying of the Prophet ﷺ: “The debt due to Allāh is more deserving of being paid off.” Narrated by Imām Muslim in his Ṣaḥīḥ. At the same time, repentance from this great sin [of missing prayers] is also obligatory upon him.
The majority of scholars utilise as proof the Ḥadith of Anas رضي الله عنه from the Prophet ﷺ, narrated by al-Bukhārī and Muslim, that he ﷺ said: “Whoever forgets a prayer he should pray [it] as soon as he remembers, for there is no Kaffārah (atonement) for it (the missed prayer) except that [meaning; by fulfilling it].” [Allāh said]: 'Establish the Prayer for my mention (dhikr)' [Sūrah Ṭaḥā: 14]. Subsequently, if Qaḍā' is necessary upon the forgetful, who is even excused by Sharī‘ah in many matters, then it is more appropriate that the deliberate person is duty-bound to perform Qaḍā', as he is not excused. These scholars also utilise as proof the Ḥadīth of Abū Hurayrah رضي الله عنه that: 'The Prophet ﷺ commanded one who engaged in sexual intercourse during the day of Ramaḍān to fast [an extra] day and give Kaffārah.' That is, in expiation for the day [the fast of] which he broke by intentionally engaging in intercourse. This has been narrated by al-Bayhaqī with a good chain, with Abū Dāwūd having a similar narration. Hence, this establishes the obligation of fulfilling acts of worship that were deliberately missed out, since there is no difference [between the intentional and unintentional].
Imām ibn Rushd says in Bidāyat al-Mujtahid: 'As for the one upon whom Qaḍā' is obligatory, then the Muslims are in agreement that this is obligatory on the one who forgets and the one who sleeps [through prayer], but they differed regarding the one who intentionally misses it and the one who is unconscious[at the time of prayer]...and as for the one who neglects prayer intentionally until the prayer time has passed, then the majority of the scholars consider him to be a sinner and hold that Qaḍā' is obligatory upon him. However, some of the Ẓāhirī (literalist) scholars hold the view that he will not make Qaḍā' but remain a sinner. Of those that held this opinion is Abū Muḥammad ibn Ḥazm.
In al-‘Ināyah Sharḥ al-Hidāyah[8], a book of the Ḥanafīs, [it says]: 'And one who has [unintentionally] missed prayer or has done so deliberately, then Qaḍā' is obligatory upon him when he remembers.'
It is mentioned in the Mukhtaṣar of Imam Khalīl al-Mālikī and its commentaries, like that of al-Kharshī and al-Dardīr: 'Chapter: It is obligatory to make Qaḍā' of a missed prayer without exception. This means that it is obligatory upon the accountable person (Mukallaf) to make it up immediately, regardless of whether he missed it intentionally or by error. [Qāḍī] ‘Iyād said: ‘An aberrant opinion has been transmitted from [Imām] Mālik that the 'Qaḍā' of a person who deliberately misses it is waived. However, this [view] is not authentically transmitted from him or from anyone else.’
In al-Muhadh-dhab of Shaykh Abū Isḥāq al-Shīrāzī al-Shāfi‘ī [it states]: 'The one upon whom prayer had become obligatory but did not perform it until the time [of prayer] had elapsed, Qaḍā' becomes necessary on him due to the saying of the Prophet ﷺ: “Whoever sleeps through prayer or forgets [to perform] it then he should pray as soon as he remembers.” Thus it is preferable (Mustaḥabb) for him to make it up immediately due to the Ḥadīth we have mentioned [above]. However, it is also permissible for him to delay it as it has been narrated that the Prophet ﷺ missed Fajr and did not make it up until he had exited the valley. Hence, if immediately making it up was necessary then he ﷺ would not have delayed Qaḍā'. It is also preferable (Mustaḥabb) to make up the missed prayers in order, because the Prophet ﷺ missed four prayers on the day of Khandaq (Battle of the Trenches) and made them up according to the sequence [of the missed prayers]. Therefore, if a person makes them up without order, it will still be permissible as [the obligation of] sequence arises on account of the time [of prayer], and as such it is waived by the passing of that [prescribed] time.'[2]
Imām al-Nawawī states in his commentary on al-Muhadh-dhab: 'The scholars whose opinions are taken into consideration are of the consensus that one who abandons prayer intentionally is obligated to make it up Ibn Ḥazm disagreed and said: “It is never possible for him to make up the missed prayers, and to perform it is never correct.” He then said: “Instead, he should abundantly carry out good deeds and perform supererogatory prayers in order that his Scale (Mīzan) may be heavy on the day of Qiyāmah, and he should seek forgiveness from Allāh and repent.” [Imām] al-Nawawī [then] states: 'That which he – Ibn Ḥazm – has mentioned, as well as opposing consensus, is invalid in terms of evidence. While he has discussed at great length in establishing proofs for this [view], what he has brought is by no means any evidence.'
And among the proofs that indicate the obligation of Qaḍā' is the Ḥadīth of Abū Hurayrah رضي الله عنه: 'That the Prophet ﷺ commanded one who engaged in sexual intercourse during the day of Ramaḍān to fast [an extra] day and give Kaffārah.' That is, in expiation for the day [the fast of] which he broke by intentionally engaging in intercourse. This has been narrated by al-Bayhaqī with a good chain, with Abū Dāwūd having a similar narration. Moreover, if Qaḍā' is obligatory upon the one who misses it forgetfully, then the intentional one is surely more duty-bound.
The opinion that it is obligatory to make up missed prayer unconditionally is also what the Ḥanbalīs conform to. Some, however, have differed with regard to the intentionally missed prayer. It is recorded in al-Inṣāf of al-Mardāwī: 'Whoever has missed prayers it is obligatory upon him to make them up immediately. This is the [Ḥanbalī] Madh-hab which has been clearly mentioned, and which is the view of most fellow [Ḥanbalī] scholars, with many expressly affirming this…however, Shaykh Taqī 'l-Dīn [ibn Taymiyyah] has preferred the view that, if the one who intentionally neglects prayer repents, there is no Qaḍā' stipulated for him and [doing so] would not be correct of him. Rather he should abundantly carry out supererogatory deeds and also keep fasts. Ibn Rajab says in his commentary on Ṣaḥīḥ al-Bukhārī: 'It is found in the statements of some of our early (mutaqaddimīn) scholars that making Qaḍā' will not suffice for a person who has wilfully neglected it.'
Based on the view held by the majority of scholars that making Qaḍā' of the prayer missed deliberately is obligatory, a person whose missed prayers are numerous (i.e. more than five) the [obligation of making them up in] sequence will be deferred in relation to him, and it will be permissible for him to make them up whenever he wishes. Thus, he can make Qaḍā' after every new Farḍ prayer by performing one or more of the missed prayers he is required to make up. In this manner after many years it will be very likely for him that he has fully discharged his duty. Imām Ibn Qudāmah al-Ḥanbalī says in al-Mughnī: 'If he has many missed prayers he should busy himself with making them up as long as he experiences no physical or financial difficulty in this...and if he does not know the number [of missed prayers] required of him, then he should continue making up until he is certain that he has freed himself of this obligation.'
Imām Aḥmad said in a narration of Ṣāliḥ regarding the man who misses prayer: “He should make up until there remains no doubt that he has fulfilled that which he has neglected.” So he should confine himself to only making up the missed obligatory prayers and should not pray the [missed] supererogatory (Nāwafil) and Sunnah prayers in the meantime. This is because the Prophet ﷺ missed four prayers on the day of Khandaq so he ordered Bilāl رضي الله عنه to give the call to prayer [Iqāmah] and then performed Ẓuhr. Thereafter, he instructed Bilal again to give Iqāmah and prayed ‘Asr, after which he made Bilal give Iqāmah and prayed Maghrib. The Prophet ﷺ once again asked him to give Iqāmah and then completed ‘Ishā'. In this narration there is no mention that the Prophet ﷺ prayed the [missed] Sunnah prayers during the interval in between [the Farḍ prayers]. Furthermore, Farḍ prayers are far more significant, so being preoccupied with them takes primacy unless the [missed] prayers are few in number – in which case there is no harm in making up the emphasised Sunnah prayers. The reason being is that the Prophet ﷺ once missed Fajr so he prayed its [two Rak‘āts] Sunnah before [making up] the Farḍ.
[1] The link to the original fatwā online: m.dar-alifta.org/ViewFatwa.aspx?ID=3627&LangID=1
[2] [Translator's note] The Ḥanafīs have differed regarding the tartīb [order] of the Qaḍā' prayers, they have said it is obligatory to make it up in order; al-Mawsū‘at 'l-Fiqhiyyah (12/162)