. J "" (cont.)

When the Prophet (peace be upon him) was told that he had only prayed two rakats, he simply performed two more rakats to make a total of four. Hence, he did not consider his prayer invalidated due to his speaking, as otherwise he would have performed the entire four rakats over again.5 This hadith is clear evidence that 1 The relevant portion of the verse reads, "And stand before Allah, devoutly obedient." 2 Cf., Muhammad ibn Ali al-Shaukaani, Nail al-Autaar (Beirut: Daar al-Kutub al-Ilmiyyah, 1995), vol. 2, p. 332. 3 Al-Khinn points out that in his entire discussion of this issue, not once does al-Shafi'ee refer to the concept of umoom al-muqtadhaa or anything of that nature. See al-Khinn, pp. 1591 60. 4 The Hanafi response to this argument is that it is not narrated that the Prophet (peace be upon him) ordered him to repeat the prayer. However, that does not necessarily mean that he did not order him to repeat the prayer. 5 The Hanafi response to this argument is that the ruling derived from the hadith of Dhul-Yadain has been abrogated by the other hadith demonstrating that one should not speak in the prayer. Commentary on the Forty Hadith of al-Nawawi one who speaks out of forgetfulness or ignorance does not invalidate his prayer.1 It should be noted that the first hadith ali-Bisaam referred to is irrelevant as it was obviously a case of ignorance and not a case of forgetfulness; the rulings for ignorance are not exactly the same as those for forgetfulness. The hadith of Dhu-1-Yadain is a much stronger proof. It is an argument a fortiori2; in other words, if all of that speech of the Prophet (peace be upon him) and Dhu-1-Yadain did not invalidate his prayer, then, obviously, speaking a few words or such out of forgetfulness should not invalidate a person's prayer. Eating, Drinking or Sexual Intercourse Out of Forgetfulness While Fasting Ramadhaan The majority of the scholars are of the opinion that if a person forgets that he is fasting and eats something, then, as soon as he remembers that he was fasting, he must stop eating and fast the rest of the day.3 His eating by mistake did not invalidate his fast nor does he have to make that day of fasting up at a later date. This opinion is based on the following hadith of the Prophet (peace be upon him): Cf., Muhammad Ameen ibn Abideen, Radd al-Mukhtaar ala al-Durr al-Mukhtaar Sharh Tanweer al-Absaar (Beirut: Daar al-Kutub al-Ilmiyyah, 1994), vol. 2, pp. 371-372. Abrogation is much more difficult to prove and, therefore, to accept than the claim of particularization. 1 Cf., Abdullah ali-Bisaam, Taiseer al-Alaam Sharh Umdat al-Ahkaam (Damascus: Daar al­ Faihaa, 1996), vol. 1 , pp. 245-246. 2 An a fortiori argument is defined as, "arguing from an accepted conclusion to an even more evident one". [See The New Encyclopedia Brittanica (Chicago: Encyclopedia Brittanica, Inc., 1989), vol. 26, p. 809.] This is exactly the same concept as what the Hanafis call dalaalah al­ nass and what the mutakallimoon call majhoom al-muwaafiqah. 3 On this point, the Hanafis are in agreement with the Shafi'ees. The Hanafis are not being inconsistent in this case. They follow this opinion only because there is an explicit proof for this case, as opposed to in the previous case. Had the evidence for this position been only the hadith, "Allah has pardoned for my Nation [what is done] by mistake, out of forgetfulness or under duress," it would not have been considered a sufficient argument for the Hanafis. Furthermore, some argue that there is a great difference between the fast and the prayer. A person is naturally inclined to eat and drink during the daytime whenever he is hungry or thirsty. While fasting, there is no strong, present reminder that he is fasting and not allowed to satisfy that need. Hence, it is very possible for a person to forget and eat or drink while fasting. In prayer, on the other hand, the environment itself (the way that one is standing, what he is reciting, the congregation and so forth) remind the person that he is in prayer and there is no strong drive for him to speak. So for him to forget that he is in prayer and speak inappropriately is not to be excused. He invalidates his prayer by speaking out of forgetfulness, whereas the one who breaks his fast out of forgetfulness does not invalidate the fast. Hadith #39: "Allah has pardoned . . . " "Whoever forgets and eats or drinks while he is fasting should complete his fast for it was only Allah who fed him or gave him to drink." (Recorded by al­ Bukhari and Muslim.1) According to Malik, the person who eats out of forgetfulness must make that day up at a later date although there is no other form of expiation he must make. He is like one who has forgotten a prayer. 2 In this case, though, it seems that the view of the majority is the correct opinion.