Chapter 37 of 47 5 min read

F Rf G G Gq

أحكام الجماعة

Allah says in the Quran: "And when you go forth in the land there is no sin upon you, if you shorten your prayer when you fear the disbelievers may attack you." (4/101) (Ya'la ibn Umayyah said: "I said to 'Omar ibn al-Khattab: 'Explain to me why the people shorten the salah when Allah says, 'And when you go forth...[the preceding verse] and those days are gone now!' 'Omar said: 'I wondered about that too and I mentioned that to the Prophet and he said: "This is a charity that Allah, the Exalted, has bestowed upon you, so accept His charity.'" This is related by the group. Based on these reports and others and the fact that the prophet (blessings and peace be upon him) by agreement never prayed four 238 International University in Latin America And he who intends to reside more than [the period of] twenty one prayers [4 days + 1 prayer], must complete [his prayers]. And if he didn't have this intention he continues to (1) shorten [his prayers] for ever . while traveling, the scholars differed over the ruling of shortening the prayer; (H): obligatory; (M): Stressed sunnah, and takes precedence over the congregational prayer; (S+A): preferable act. (1) There is an agreement that if one does not intend to stay, and continues to tell himself, I will go back home tomorrow, but for some reason doesn't, such person may shorten the prayer for ever. (Ijma' reported by bn al-Mundhir).

Only (S) disagreed and stipulated a limit of 18 days. In the case he intends to stay for sometime, there are so many opinions regarding the period beyond which one may not shorten the prayer: (H): 15 days and that was reported from ath-Thawri, al-Layth and others and related from companions like 'Omar and his son 'Abdullah and Ibn 'Abbas. (M + S + a): 4 days; (A): 21 prayers. (T) and many scholars argued that there is no limit unless one intends to stay and work or marry or have other signs of residence. Their position is strong for the following: The Prophet by agreement prayed qasr for 18 days in Makkah - as reported by (D) from 'Imran - and 20 in Tabook - as reported by (D) from Jabir - .

To say that he did not at any point intend to stay more than four days is remote. The Messenger of Allah (blessings and peace be upon him) never clearly stated that if someone resides for more than this period must complete his prayers. The companions shortened the prayers for months, even years, Sayid Sabiq (may Allah bestow mercy on him) mentioned the 239 International University in Latin America following reports in Fiqh-us-Sunnah (Zarabozo's translation with modifications): Al-Miswar ibn Makhramah: "We stayed with Sa'd in some of the cities of ash-Sham [Syria] for forty days, and Sa'd would perform qasr while we would offer the whole salah." (A) Nafi': "Ibn 'Omar was in Azerbaijan for six months, as there was snow blocking the pass, and he would pray two rak'ats." Hafs ibn 'Ubaidullah: "Anas ibn Malik stayed in ash-Sham for two years and he prayed the salah of a traveler." Anas: "The companions of the Prophet stayed in Ram Hurmuz for seven months and they shortened their salah." Al-Hassan reports: "I stayed with 'Abdurrahman ibn Samurah for two years in Kabul, and he shortened his salah but he did not combine the salah." Ibrahim says: "We resided in Rayy for a year or more and in Sijistan for two years . . . and we prayed qasr". Again, to say that they never intended to stay more than four days at any point would be remote. So, it seems that as long as one did not intend to take a place for a residence, such as having or intending to have an owned home, work or wife in it, then he may shorten the prayers.

Allah knows best. 240 International University in Latin America Summary of the Unit Imamate (Leading in Prayer): • According to the majority, the one with more knowledge takes precedence over the best reciter. Others argued that the hadith is clear in giving precedence to the best reciter. However, once some people have mastered the knowledge pertaining to prayer and leading it, then the best reciter among them should be selected to lead. • Prayer is invalid behind: − The imam whose prayer is void − The one who omits pillars − The woman leading men in prayer − The one who has urinary incontinence (with some controversy) − The illiterate who does not properly recite the Fatihah. the people led are like their imam. Position of the ma'mum (one led in prayer): • If one man is led by another in prayer, he stands on the right hand side of the imam, but a woman led by an imam always stands behind him. If the men were more than two, they stand behind the imam, then the boys and the women stand behind them all.

If there were hermaphrodites they stand between the boys and women. 241 International University in Latin America • The woman leading other women stands between them in the same row. The prayer of the sick: • If one's sickness would increase by standing in prayer, he is allowed to pray sitting and if he could not, then on his side, if he could not then on his back. One can further nod with one's head if one cannot prostrate or bow. • According to the less popular opinion in the madhab, the one in coma is not required to make up for the missed prayers unless he recovers consciousness before the prayer time is over. (the matn chose the more popular opinion). • The sick is allowed to combine zuhr with Asr and Maghrib with `isha` during the time of either one if it is hard for him to perform each on its prescribed time. Combination at either time should go in line with the conditions mentioned above. • The traveler allowed to shorten the prayer is allowed to combine as well.

Prayer of the Traveler: • The traveler is recommended to shorten the four-rak`ah prayers if the purpose of travel is permissible and the distance is not less than 50.7 miles [88.7 km], unless any of the four abovementioned cases applies to him. (the distance is controversial, and any contemporary scholars consider any travel a reason for concession as long as it is called travel) 242 International University in Latin America Self-assessment Questions First, Essay Questions: