Mu kutasar AL-Qupori
THE
MUKHTASAR
or IMAM Apu 'L-HusayYN AHMAD IBN MUHAMMAD
IBN AHMAD IBN JA FAR IBN HAMDAN
AL-QUDURI
(362 AH - 428 AH)
A MaAnua_ oF IsLamic Law
ACCORDING TO THE HANAFI SCHOOL
Translated from the Arabic
with Introduction and Notes by
TAHIR Maumoop KIANi
Copyright © Ta-Ha Publishers Ltd., 1431 AH/2010CE
First Published in April 2010
Published by: Ta-Ha Publishers Ltd. Unit 4, The Windsor Centre Windsor Grove
London
SE27 ONT Website: www.taha.co.uk E-mail: sales@taha.co.uk
All rights reserved. No part of this publication may be reproduced, stored in any retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without the prior permission of the publishers.
General Editor: Dr. Abia Afsar-Siddiqui Edited by: Abdassamad Clarke Typeset by: Muhammad Amin Franklin
A catalogue record of this book is available from the British Library.
ISBN-13: 978 1 84200 1189 ISBN-13: 978-1-84200-149-3 (ePub)
Printed and bound by: Mega Basim, Turkey
CONTENTS
FOREWORD
Endorsements of the Translation
1. Muhammad Imdad Hussain Pirzada
2. al-Hajj Abu Ja‘far al-Hanbali
3. Shaykh Muhammad ibn Yahya an-Ninowl1 INTRODUCTION
Figh Meaning and Application Objectives Compilers
The Mukhtasar al-Quduri About the Author About the Book The Translation
1. TAHARAH — PURIFICATION
Wudu’ — Minor Ritual Purification The Obligations (Fara’id) of Wudu’ The Sunnahs of Purification [sought in Wudu’] Matters that are Recommended (Mustahabbat) in Wudu’ That which Nullifies Wudit’
Ghusl — Major Ritual Purification The Obligations of Ghus! The Sunnahs of Ghusl The Factors which make Ghus! Obligatory When Ghus! is Sunnah
Sipulations fo ie the e Validity of Tayammum The M ethno of 7 aya ammum
Preconditions of Prayer
Seer ¢ of! Ro ows Other Issues Pertaining to Prayer
i! — Supererogatory Prayers Ruling of Recitation? in S upererogatory Prayers
Its nanan eins.
The Burial The Stillborn
9s (Zuru‘) and Fruits (Thimar)
it is Permitted to Pay Zakah and those to whom it is not
Those Entitled
Those Not Entitled
if al-Qudum — Circumambulation ee Arrival Going V igorously and Quickly Between Safa and Mar
Offences (Ji ~_ oo ) y " uring Hajj Conjugal Rel we
Negotiated Rescission of the Contract
rabahah — Profit-based Sale awliyah — Profitless Sale
IE’S LEGAL COMPETENCE
Making an Exception to to an A cknowledge ‘ment Confession on Deatk
) ehel hometl ip as-Sana’i‘ — Partnership in Manufacture
Sharikat al-Wujuh — Partnership in Liabilities
U ns dene! Pe rtnerships
Kinds of Divorce. “xplicit Divorce
HIS. iS FREEDOM |
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Kinds of os
rgans of f the F Himnan n Body ¢ of which there i is only One saad ‘of the Human Body erin Panik
Offences by Riding Animals oe by Slaves
Eelinsts in ioleadionies
Residuaries (‘/ \sabat)
The Noble Qur’a Jadith Compilations
FOREWORD ENDORSEMENTS OF THE TRANSLATION
1. MUHAMMAD IMDAD HUSSAIN PIRZADA
In the name of Allah, the All-Merciful, the Most-Merciful
Al-Mukhtasar, the jurisprudential treatise of Imam al-Quduri, has enjoyed far more popularity than any other text in the Hanafi school. It is the nucleus around which laws revolve, and the foundation upon which other texts, commentaries and summaries are based. For hundreds of years, Mukhtasar al-Quduri has been presented to the masses in many forms, such as lectures in Islamic institutions and study circles, as well as in publications. It covers thousands of issues, enveloping all aspects of life; from worship to politics, and from private life to the international scene. I am pleased with the manner in which Tahir Mahmood Kiani has undertaken the task of providing an English translation of this masterpiece. As a former student and current lecturer at the institution of Jami’a al-Karam, this work of his has brought about a sense of appreciation and honour to all those associated with the institution. I recommend this English translation of Mukhtasar al-Quduri to everyone, especially to the students and teachers of Hanafi jurisprudence.
Muhammad Imdad Hussain Pirzada Founder & Principal of Jami‘a al-Karam, Eaton Hall, Retford, U.K.
2. AL-HAJJ ABU JA’FAR AL-HANBALI
In the Name of Allah, the Most Merciful, the Most Compassionate Praise be to Allah and peace and blessings be upon the Chosen One, his wives, family and companions.
As for what comes next:
I was shown extracts of Mukhtasar al-Quduri by our brother Tahir Kian. I looked through both extracts, those being the Transactions and also the Introduction. I have found both of them not only lucid and easy to understand but also well written.
After further reading, I have found that this work has the capacity to be the most authoritative book on Hanafi figh in English based upon the extracts that have been shown to me. It is my sincere prayer and hope in Allah that the author will be successful in completing and presenting this much needed work in the English language to give adherents to the Hanafi School an authoritative text to return to for rulings. And with Allah is every success.
Was-Salaam, Brother in Islam, Al-Hajj Abu Ja‘far al-Hanbali
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3. SHAYKH MUHAMMAD IBN YAHYA AN- NINOWI
In the name of Allah, the All-Merciful, the Most-Merciful
All praise is due to Allah Who causes those whom He wishes goodness to understand the figh of the din [of Islam] and endows him with sincerity in intention and in action, secretly and openly, and makes him travel the path of those who do not disobey Him in any affair; and peace and blessings be upon our Master Muhammad who has been sent to all beings as a warner, calling to Allah by His leave, and as an illuminating lamp; and upon his pure family
and his noble companions — peace [upon them all] in abundance.
Whoever looks carefully and is good at reflection on the lives of the Imams of figh, of the Imams of the People of the Sunnah and the Community (Ahl as-Sunnah wa’l-Jamd‘ah) — may Allah be pleased and satisfied with them, ought to pause by the boundless sea that is the Great Imam Abu Hanifah an-Nu‘man, may Allah have mercy on him and be pleased with him, whose knowledge is rarely matched. His figh is externally a striped silk brocade and internally a well-ordered pearl in its depths. The Imams have testified to that and the Ummah are unanimously agreed on his magnificence. In this regard, he is the lord of his own spirituality (his own spiritual guide), the master of his own wholeness (his own master) and the sirocco of his own winds (his own academic reference). Our Imam ash-Shafi‘T, may Allah have mercy on him and be pleased with him, has indicated that, saying: “In terms of fiqh, the people are dependents of Abu Hanifah.” May Allah be pleased with them all, have mercy on them all, and elevate their stations in the uppermost abodes of Paradise (‘I/liyyun). The imams adopted the manner of the Greatest Imam (Abu Hanifah), may Allah have mercy on him, following his words and verdicts, commenting on his books and transmissions. They, in all this, are emulating the Sunnah of the Greatest Prophet #; they abide by his method, and they are adherents of those inheritors of his of the people of dhikr. Among them was the exemplary erudite scholar of figh, Imam Abu’|- Husayn Ahmad ibn Muhammad al-Quduri al-Hanafi al-Baghdadi, may Allah have mercy on him. He was born in 362 AH, and is known by the title of al- Quduri due to the sale of pots (qudur), which is a plural of gidr (pot). He acquired legal knowledge (figh) from his teacher Muhammad ibn al-Jurjani, who acquired it from Abu Bakr ar-Razi (al-Jassas), who acquired it from Hasan al-Karkhi, who acquired it from Abu Sa‘id al-Barda‘l, who acquired it from ‘Ali ad-Daqgag, who acquired it from Musa ibn Nasr ar-Razi, who acquired it from Imam Abu ‘Abdullah Muhammad ibn al-Hasan ash- Shaybani, who acquired it from Imam Abu Hanifah, may Allah have mercy on them and be pleased with them. The leadership of the Hanafis in Iraq came to rest with Imam al-Qudurt.
Of the many beneficial works he authored there are the Mukhtasar, and the Tajrid in matters of disputation, etc. He was of those who analyse and assess the relative merits of verdicts within a school of thought (sahib
attarjth). When he authored the Mukhtasar, he took it with him to the House of Allah and suspended it from the cover of the Ka‘bah and beseeched Allah to place blessings therein for him, which he was granted, and Allah made his manual to be acknowledged by the Ummah. Generations transmitted it and preserved it by means of explanation, study, teaching and translation, for Allah had placed blessing and general benefit in it. Imam al-Quduri died in Rajab, 428 AH and was buried in Baghdad, may Allah have mercy on him and render his highest resting place in Paradise lofty for him.
This imposing manual, the Mukhtasar, is popularly known as the Mukhtasar al-Quduri, and is characterised by two things:
1. It confidently addresses popular issues within the school (madhhab) in three hundred and sixty chapters.
2. It abstains from using vague expressions in such a manner that it presents the wordings with simplicity and ease, so much so that numerous Hanafi masters, may Allah have mercy on them, have said: “It is the most beautiful manual with the finest form of concision and marvellousness.” This has been narrated by Hajji Khalifah in Kashf az-Zunun 2/1631, and he said: “It is a strong and authentic text that is employed by imams and notables.” He himself is of this opinion.
Among the blessings of this Mukhtasar there is that there is a class of legal texts that have been built upon the foundation of the Mukhtasar al- Quduri, which include the Tuhfat al-Fugaha, by Imam as-Samarqandi (d. 539 AH), which is distinguished by the manner in which he mentions the disagreements between the Imam (Abu Hanifah), the Sahiban (Imam Abu Yusuf and Imam Muhammad) and (Imam) Zufar, and states the views of (Imam) Malik and (Imam) ash-Shafi‘l, may Allah have mercy on them, in addition to paying special attention to rational and transmitted evidences. Of them there is also the book Bidayat al-Mubtadi, by Imam al-Marghinani, as well as others.
The learned and intellectual brother, the sagacious and distinguished Shaykh, the beloved teacher, Tahir Mahmood Kiani, may Allah protect and preserve him, sent me a sample of his service to the Mukhtasar of Imam al- Quduri. I studied what he sent me of ‘The Book of Partnership (Kitab ash- Sharikah)’ closely, and I found it to be accurate to a high degree with very succinct elucidation and a style of superior quality, which indicates maturity
of thought, brilliance of talent and moderation of intuition. I thanked Allah, Glorified and Exalted is He, for His according success to the right honourable, erudite, upright and intellectual Shaykh Tahir Mahmood Kiani, may Allah the Exalted safeguard him; nothing from His treasury is Surprising.
Shaykh Tahir (Mahmood Kiani) is one of the students of the erudite, intellectual, learned, legal expert, Allah-fearing, exegete (of the Noble Qur’an) and practical scholar, Leader of Islam and the Muslims (Shaykh al- Islam wa’l-Muslimin), Shaykh Muhammad Imdad Hussain Pirzada, may Allah increase him in (His) assistance (to him) and in provisions, and may He let the Ummah derive benefit from his life.
In conclusion, I ask Allah to accept this work undertaken purely for His noble sake, that He renders it of immense benefit, and that He aids our brother Shaykh Tahir Mahmood Kiani, may Allah protect him, for the welfare of the dunyd (world) and the din (religion), to call others to Him, Glorified is He, (and I ask Allah) to lead him on the right way and raise him to the lofty station in terms of knowledge, practice and invitation to the Truth (da‘wah); certainly, He is the Guide to hitting the mark, He alone suffices us and He is the Best Guardian; all praise is due to Allah, Lord of all the worlds.
Stated with his tongue and composed with his fingers, by the one in need of the mercy of his Lord Who is abundantly rich beyond need, Muhammad ibn Yahya ibn Muhammad al-Husayni an-Ninow! ash-Shafi‘l, may Allah forgive him, his parents and the believers. 25" Dhu’l-Qa‘dah, 1430 AH after the Migration of the Beloved Mustafa, may Allah bless him and his family and grant him peace.
INTRODUCTION FIQH
Meaning and Application
The term figh literally means ‘understanding’, ‘comprehension’ and ‘knowledge’, and technically refers to ‘knowledge of derivative shari‘ah rulings along with the evidences for them with details both of the rulings and their evidences’,! composed and codified from four recognised sources:
1. Glorious Qur’an,
2. Noble Sunnah,
3. Consensus (ijmd‘),
4. Analogy (giyads).
Where explicit evidence is not found in the Noble Qur’an, it is sought in the Sunnah of the Messenger Muhammad #, and if not there then the agreement of Muslims in general, and particularly the knowledgeable, known as ijmd‘. If these three options do not bring a result, then the final recourse, known as giyas, is the return to the Qur’an or Sunnah for a similar example that can be applied to the new issue.
The question of how Consensus and Analogy are arrived at from the two primary sources is elucidated in this hadith of the Generous Prophet #:
The Messenger of Allah # dispatched Mu‘adh ibn Jabal « to Yemen and asked him how he would adjudicate to which he replied, “With the Book of Allah.”
The Messenger of Allah # asked, “What if you do not find [the ruling]?”
He replied, “With the Sunnah of the Messenger of Allah #.”
The Messenger of Allah # then asked, “What if you do not find [the ruling there either]?”
He replied: “I shall practise my reasoning.”
The Messenger of Allah #patted him on the chest saying: “All praise to
Allah « Who gave success to the messenger of the Messenger of Allah in achieving what pleases the Messenger of Allah.”
Here Sayyiduna Mu‘adh ibn Jabal # mentions the Qur’an, Sunnah and his Own reasoning as the means of adjudication, but he refrained from mentioning ijma‘ (Consensus) because it was not required during the lifetime of the Prophet of Allah #.
In another narrative, Sayyiduna Abdullah ibn Mas‘tid # says:
“ ,.as from today, whoever is faced with an issue, he should decide by what is in the Book of Allah and if an affair comes to him which is not in the Book of Allah, then he should decide by what His Prophet # decided, and if an affair comes to him that is not in the Book of Allah and His Prophet # did not decide on it, then he should decide by what the Righteous decided, and if an affair comes to him that is not in the Book of Allah and His Prophet # did not decide on it and the Righteous did not decide on it, then he should decide using his own reasoning....”°
In this narration deducing laws from the Qur’an and Sunnah is mentioned explicitly, as well as giyas and ijmd‘, where the Righteous refers to the Salihun, the inheritors of, and actors upon, these two main sources. Following the consensus of those Salihtn who are qualified to exercise ijtihad, is essential for Muslims due to ijma‘ being the next most important source of decision-making which carries more weight than the single judgement of giyas. If there is consensus on any issue in Islam, then giyds is irrelevant. There are many hadith of the Messenger of Allah # that show that the consensus of the Ummah, i.e. as represented by the people of knowledge capable of ijtihad, cannot be wrong.”
The Generous Qur’an tells us:
“O you who believe! Obey Allah and obey the Messenger and those in command among you.” (4:59)°
The majority of the commentators of the Qur’an and people of knowledge explain that in this verse obeying Allah « means obeying His commands and prohibitions in the Qur’an, obeying the Messenger # means obeying him in what he commanded and forbade, and obeying ‘those in command among you’ means obeying the amirs, except if their command entails disobedience to Allah and His Messenger #. An interpretation of many of the people of knowledge including Imam Malik is that it means obedience to the people of
knowledge. There is no difference of opinion that we are obliged to obey the unanimous rulings (ijmd‘) of the ‘ulama’ and fugaha’ who are qualified to make ijtihad.®
Objectives
Figh deals with the actions of the legally responsible person (mukallaf), being graded as definite obligations (fard), incumbent (wajib), prophetic example (sunnah), liked (mustahabb), permissible (mubah), _ slightly offensive (makruh tanzthi), severely offensive (makruh tahrimi) and prohibited (haram). Figh also deals with rules surrounding actions, such as pre-conditions (shart), prevention (mdni‘), concessions (rukhsah), endeavour (‘azimah), as well as valid (sahth), corrupt (fasid), void (batil), discharged at its time (ada’), delayed (qada’) and repetition (i ‘adah).
Figh defines the daily life of the mukallaf according to the command of Allah «, and so knowledge of His commands and prohibitions is necessary — at least in the fundamentals — and is an obligation on the mukallaf. The presence of the Beloved Messenger # obviated the need for legal rulings, but after his death, it required scrupulous knowledge of the Qur’an and Sunnah which became increasingly difficult for the new generations of people embracing the din of Islam. There was no difficulty in Madinah as the first generations continued to observe the social pattern laid down by the Messenger # among his Companions and the succeeding two generations, but with the spread of Islam to new areas such as Iraq, Egypt, etc., new situations arose that needed clear knowledge of the original sources to guide the communities when novel incidents faced these emerging Muslim societies. The men of knowledge of the din realised the need to maintain its integrity and worked hard to preserve and gather the sayings and practice of the Messenger # wherever they could find it. Responsibility devolves with each succeeding generation to preserve our laws in word and spirit. This can only be done by continually striving to implement, maintain and purify the teaching that has come to us through impeccable sources.
Compilers
During the revelation of the Noble Qur’an to the Beloved Messenger %, the Companions « memorised it and to a lesser extent transcribed it. Each revelation contained instruction, teaching or information concerning issues
ranging from historical precedent, domestic matters, the Unity of God and relations with those outside of Islam, among many others. This memorisation was extensive, making the hearts and intellects of the Companions the storehouses of this knowledge. But as they died and the Ummah grew, new Muslims did not have the experience of the first generations and given the depth of the Glorious Qur’an and the extent of the Noble Prophet’s # actions and words, a need was perceived for gathering all the material together, and during the early second Hijri century scholars emerged who began the arduous task of compiling these divine and human events and words into books and manuscripts. This complex and time-consuming task took these compilers travelling thousands of miles for weeks and months on end, to acquire sometimes only one hadith that would elaborate a particular legal position.
Of the many scholars and legal experts that arose, the work of four Survived and remained the most prominent and influential:
Imam Abu Hanifah: he is an-Nu‘man ibn Thabit ibn Zuta ibn
Marzuban (80 AH/699 CE — 148 AH/765 CE)
Imam Malik: He is Malik ibn Anas ibn Malik ibn ‘Amr al-Asba‘T (93
AH/711 CE — 179 AH/795 CE)
Imam ash-Shafi‘i: He is Abu Abdullah Muhammad ibn Idris ash-
Shafi‘T (150 AH/767 CE — 204 AH/820 CE)
Imam AhMAD ibn Hanbal: He is AHMAD ibn Muhammad ibn ¢ Hanbal Abu ‘abdullah ash-Shaybani (164 AH/780 — 241 AH/855 CE),
may Allah have mercy on them all.
All four Imams developed distinct methodologies of preserving the laws from the sources available to them. Their means of analysing evidence and its application varied, and sometimes led to differences between them. This produced four separate courses which became known as the madhhabs or schools, leading from, and returning to, the two great oceans of knowledge.
The general population being less qualified adhered to one school or the other, depending on political, regional or linguistic factors. The adoption of the Hanafi madhhab as the official methodology by some of the major Islamic dynasties led to its dominance until the end of the Caliphates.
The most famous of Imam Abu Hanifah’s pupils are Imam Abu Yusuf, Imam Muhammad ash-Shaybani and Imam Zufar, may Allah have mercy on
them, and their opinions and legal verdicts form the substance of Hanafi jurisprudence.
In Hanafi and non-Hanafi texts, the term Sahiban refers to the mutual agreement of Imam Abu Yusuf and Imam Muhammad, as opposed to the opinion of Imam Abu Hanifah. Similarly, the term Tarafan refers to the mutual agreement of Imam Abu Hanifah and Imam Muhammad, as opposed to the opinion of Imam Abu Yusuf, and the term Shaykhan refers to the mutual agreement of Imam Abu Hanifah and Imam Abt Yusuf, as opposed to the opinion of Imam Muhammad. The opinions of Imam Zufar are seldom quoted without the mention of his name individually. May Allah have mercy on all of them. This indicates the difference of opinion that has always existed among the scholars of Islam.
THE MUKHTASAR AL -QUDURI
About the Author
The author of Mukhtasar al-Qudiri,’ the Hanafi Jurist, Shaykh Abi’!- Husayn AhMAD ibn Muhammad ibn AhMAD ibn Ja‘far ibn Hamdan al- Quduri al-Baghdadi, was born in Baghdad in 362 AH/973 CE and died on Sunday, 5" Rajab, 428 AH/1037 CE aged 66.° known as ‘Abia’l-Husayn’, his first name was AhMAD and his father’s name was Muhammad. He is generally referred to as al-Quduri, an ascription derived either from the selling of pots,’ or to his hometown, called Qudirah. Upon his death, he was buried in his own house, but was later buried next to the grave of the Hanafi jurist, Abu Bakr al-Khwarizmi.
His academic knowledge and figh trace back to the Prophet of Allah, Muhammad #, through this line of teachers:
1. The Prophet Muhammad #,
‘Abdullah ibn Mas‘td, Algamah ibn Qays, Ibrahim an-Nakha‘1, Hammad ibn Abu Sulayman, Abt Hanifah an-Nu‘man ibn Thabit, Muhammad ibn al-Hasan ash-Shaybani, Musa ibn Nasr ar-Razi,
SS eS eS I
9. ‘Alt ad-Daqqagq,
10. Abu Sa‘id al-Barda‘t,
11. Abu’l-Hasan ‘Ubaydullah al-Karkhi,
12. Abu Bakr Ahmad al-Jassas,
13. Abu ‘Abdullah Muhammad ibn Yahya ibn Mahdi al-Jurjant.
Imam al-Qudiuri was in the fifth of seven grades of distinguished jurists in the Hanafi madhhab, which is known as the ashdab at-tarjih,'° indicating his authority amongst legal scholars and jurists. His academic prominence and proficiency in legal matters established him as the supreme representative of Hanafi scholarship and law in Iraq.
In terms of hadith narration, he has been referred to as one who is truthful (saduq) by many prominent scholars, including Abu’l-‘Abbas Shamsuddin Ahmad ibn Abt Bakr ibn Khallikan, al-Hafz Abw’l-Fida ‘Imaduddin Isma‘1l ibn ‘Umar ibn Kathir, Ibn Taghari al-Bardi, Abu’!-Farj ‘Abdurrahman ibn ‘All (a.k.a. Ibn al-Jawzi), Abu’! Hasanat ‘Abdulhayy ibn Muhammad ‘Abdulhalim Lakhnawi and ‘Abdulkarim ibn Muhammad as-Sam ‘anil.
Abu Bakr al-Khatib al-Baghdadi, the author of The History of Baghdad (Tarikh Baghdad), cites the authority of Imam al-Quduri for prophetic narrations he learnt from him.
He authored:
At-Tajrid — in seven volumes, discussing the issues of contention between Hanafi and Shafi‘T scholars.
¢ Kitab at-Taqrib — compilation of issues with their evidences.
Sharh Mukhtasar al-Karkhi — commentary on the compendium by Imam al-karkh1.
Sharh Adab al-Qadi — commentary on the book on the Islamic legal system, by Imam Ahmad Abu Bakr al-Khassaf.
Mukhtasar al-Quduri — the compendium of figh based on Hanafi principles of jurisprudence and legal methodology, also known as al- Kitab, which bears his name.
About the Book
The term Mukhtasar denotes anything of a summary or abridged nature and many of these précis works appeared in the early stages aimed at guiding the mukallaf in his daily routine without regard for citing the sources. Though
the Mukhtasars do not cover every aspect of daily life, they do reflect what the authors considered essential. For example, in al-Jami‘ as-Saghir, Imam Muhammad ash-Shaybani (132 AH — 189 AH), may Allah have mercy on him, did not describe ablution (wudu’) or prayer (salah), but rather, focused on matters such as the violations of commands. These summaries extracted from the denser and more comprehensive works of Islamic law more common issues arising among the people in order to address them promptly and precisely.
In the Hanafi madhhab, the first to use the term Mukhtasar was Imam Ahmad at-Tahawi (228 AH — 323 AH), for his book known as Mukhtasar at- Tahawi . Other Mukhtasar style works in the Hanafi School of legal interpretation include:
¢ Al-Jami‘ as-Saghir (Imam Muhammad ash-Shaybani, d. 189 AH)
¢ Al-Kafi (Hakim ash-Shahid al-Marwazi, d. 334 AH)
¢ Mukhtasar al-Karkhi (Imam al-Karkhi, d. 340 AH)
¢ Mukhtasar al-Jassds (Imam al-Jassas, d. 370 AH)
¢ Bidayat al-Mubtadi (Imam Burhanuddin al-Marghinani, d. 593 AH)
¢ Majma‘ al-Bahrayn (Imam as-Sa‘ati, d. 694 AH)
¢ Kanz ad-Daqa’ig (Imam an-Nasafi, d. 710 AH)
All of the above are Mukhtasars although some are not titled as such.
Amongst the Mukhtasars, the one authored by al-Quduri is prominent and it is historically the most popular and important text in the entire literature of Hanafi figh. This is a tall claim to make, but a just one. All other later books of Hanafi figh are either based on this book, or revolve around it in one way or another.
There are three main types of relationship in Islamic law, which are those between:
1. The individual and the Creator,
2. The individual and the government,
3. The government and other states.
This book covers all three; personal affairs, public matters, worship, business transactions, warfare, judicial cases, politics, matrimony and legal
qualification, addressing approximately 12,500 issues.
The Mukhtasar al-Qudurt has been taught for centuries in religious schools across the Muslim world as one of the foundational manuals of study in Hanafi dominated areas and continues to be a source of fundamental knowledge. It has remained a classic in figh in general, and in Hanafi figh in particular, for nearly a thousand years. It has been commented upon by ‘Abdulghani al-Ghunaymi al-Maydani (d. 1298 AH), in his book known as al-Lubab fi Sharh al-Kitab, by Abu Bakr ibn ‘Ali al-Haddadi (d. 1397 AH), in al-Jawharat an-Nayrah, as well as Burhanuddin al-Farghani al- Marghinant, in al-Hidayah.
Imam al-Qudiurl, it is reported, took this book with him to the Ka‘bah and attached it to its cloth hanging, beseeching Allah to bless it. His prayer, the narration says, was accepted.
This book does not provide evidence for the verdicts contained in it, as with most Mukhtasars, as those proofs can be found in more detailed works and commentaries. The raison d’étre of the Mukhtasar is to provide a basic manual of belief and behaviour with a dichotomous stating of the dos and don’ts to enable the general populace to grasp the essentials of the din in a simple form that is easy to remember.
Although the Mukhtasar was designed for its readers to extract relevant material, it can become complicated when seemingly conflicting phrases or vague directives are encountered and the need for a guide to explain these anomalies is still required.
Over the centuries few books could compete or even co-exist with the Mukhtasar in success and dominance but in modern times the introduction of more up-to-date authorship in Hanafi figh, being relatively easier to read and providing legal references has caused the Mukhtasar to be overshadowed to some extent and these works have undermined its supremacy. Sadly it is not surprising to find among modern-day ‘scholars’ those who have never come across the Mukhtasar al-Qudur1.
All is not lost however, as in the Indo-Pakistan subcontinent it is the most revered text after the Sahihayn of al-Bukharl and Muslim. Madrasahs continue to teach it at foundational level, followed by the more detailed al- Hidayah and Kanz ad-Daqda’iq, etc. The continued dominance of the Mukhtasar in Hanafi-populated areas has contributed not only to its survival,
but also its promulgation around the world where Hanafis migrated to, such as South Africa, the USA and the UK. Madrasahs established by the Indian and Pakistani migrant communities provide religious and Islamic legal information to expatriates as well as locals, and today (2010), there are many institutions based upon the Hanafi method of jurisprudence in non-Muslim countries. They all teach Islamic law based upon the Mukhtasar al-Quduri, be it directly from the Mukhtasar or from texts authored later. As far as dedicated Islamic schools, like Dar al-‘Ulum Muhammadiyyah Ghawthiyyah, in Bhera, Pakistan, or Jami‘a al-Karam, in Retford, Nottinghamshire, UK, are concerned, the Mukhtasar al-Qudurt, is taught as a core subject at foundation level.
The Translation
A number of versions of the text of the Mukhtasar al-Quduri are available today with only minor additions, omissions, textual displacement, and Variance in grammatical structure and gender. I have based my text and translation on the version that is published by Qadimi Kutub Khanah, Karachi, Pakistan, due to its popularity. I have not confined myself to that version absolutely, but have diverged from some words and phrases in the text, such as grammatical gender issues (where I opted in favour of, or distinct from, the Arabic text). I have borrowed text from other versions of the Mukhtasar that I thought more apt. I inserted my own subheadings where I considered appropriate in order to make the book more usable by modern readers. As far as research and prudence have guided me, I have tried to provide an accurate interpretation of the text, which is not necessarily textually precise according to the original Mukhtasar, as utmost precision is impossible — as is evident from the disparity of the various existing versions. Where ambiguities, complexities and intricacies lay in the translation of the Mukhtasar, I strove to maintain as pure a translation from the Arabic text as possible. I felt the necessity for further explanation in order to clarify points to the reader, so I added footnotes according to my understanding. The extra- textual content, which refers to implied meanings and not what is written in the original, is authentic as far as my understanding of the fundamentals of figh is concerned, and the reader should not discard any version of the Mukhtasar as inauthentic because of this, but accept all versions as true in their meanings.
The text of the Mukhtasar is not written in a fluent paraphrased style, but is staggered from one hukm (legal command) to another. Frequently, and quite noticeably, Imam al-Quduri will switch from a ‘command to do’ to a ‘command to refrain from doing’, and then return to the former immediately or at a later stage in the chapter. In a moder context, this may seem a little odd and a little confusing to some, but the nature of the Mukhtasar reflects the demands of those times as well as the manner in which the author produced his content. We have to respect this and accept it as far as maintenance of the original remains a priority. While translating it into English, I found it impossible to paraphrase in order to render a flowing piece as I consider this is only possible if one is willing to alter the sequence of Imam al-Quduri’s authorship which I was not, as I believe Imam al-Qudiri’s unstructured content should remain as it is, unless it be written as a fresh figh manual based on the Mukhtasar.
There is no such thing as ‘the perfect translation’ as nothing can be rendered from one language to another exactly. All translations are interpretations reflecting the intention of the original work and are heavily influenced by the understanding of the interpreter. My own case is the same. My rendition aims to provide the understanding of Imam al-Quduri’s Mukhtasar according to what he intended by it, but it may also reflect my Own understanding, either intentionally or otherwise. This is the main reason why I have striven to maintain purity in translation rather than follow a contemporary pattern — in order to present the work of the author and not mine.
As far as I have attempted to interpret the knowledge of divine wisdom into the English language, as transmitted to us by Imam al-Quduri, may Allah have mercy on him, this translation is not absolute, and inconsistencies are inevitable and it would please me if readers would point out any errors of whatever nature. If my rendition is flawed and contains mistakes, they are entirely mine, and no-one is to blame but myself, but if I have translated with accuracy and precision, then praise belongs to Allah ss, Who is Complete and Perfect in every way; Who grants perfection; Who is sheer perfection.
I do not believe myself qualified to undertake such a crucial and sensitive task as translating the Mukhtasar al-Qudurt. I did so at the insistence of some
of my students of figh who encouraged me. Throughout the task, I seldom forgot my spiritual guide, Commentator of the Noble Qur’an, Religious Thinker of the Twentieth Century and Luminary of the Ummah, Justice Shaykh Abu’l-Hasanat Muhammad Karam Shah, may Allah have mercy on him, who took up the task of teaching others to teach, and transmitting divine wisdom to generations after him. This prophetic practice now continues with his noble son, Shaykh Muhammad Amin al-Hasanat al-Qurashi, whose service to Islam and the Muslims of Pakistan can only be rewarded by Allah #. [ am greatly inspired by my teacher and mentor, Shaykh Muhammad Imdad Hussain Pirzada, principal of Jami‘a al-Karam, UK, whose relentless efforts in upholding the truth and disseminating the fragrance of Islam stand prominent in the history of the UK. I thank all my teachers, especially Mawlana Abu’!l-In‘am Muhammad ‘Abdulbari Chishti, whose love for the Beloved knows no bounds, in taking me by the hand and leading me on the Straight Path at an early age. I consider myself indebted to Professor ‘Imran Ahsan Khan Nyazee, translator of al-Hidadyah and Bidayat al-Mujtahid, etc. Who has been a figure of inspiration to me ever since I studied my first subject under him in the Faculty of Shari‘ah and Law at the International Islamic University, Islamabad, Pakistan.
My gratitude would be incomplete if I do not extend it to those responsible in assisting this project, namely, Dr. Abia Afsar-Siddiqui, who helped in the publication and distribution of this work, and Hajj ‘Abdassamad Clarke, who edited this publication and supported me with his invaluable suggestions.
I thank my wife who tolerated my endless hours spent inside books and at the computer and for her encouragement towards its completion; may Allah % bless her. May He # bless my brothers — Sajid, Ansar and Azhar — with the true wisdom and observance of Islam. May He # bestow upon my children — Zayn, Qudsia and Mahdia — true understanding and adherence to Islamic beliefs and teachings, and cause them not to stray from the Straight Path. Finally, I beseech Allah % to bless my late father, Haji Muhammad Taj ‘Ali Kiani (d. 19% April, 1995 CE/ 20" Dhu’l-Qa‘dah, 1415 AH), who led me to school and to the masjid at an early age, which proved pivotal in my present life. Sadly, my beloved and saintly mother, whose prayers in my favour proved more effective than my own endeavours, passed away just before the
publication of this book, in the luminous month of the Prophet’s # birth, on 18" Rabi‘ al-Awwal, 1431 AH/4" March, 2010 CE, may Allah have mercy on her, having attended many a Mawlid gathering in her last few days. May Allah s¢ bless them both with forgiveness of all major and minor sins and the best of abodes in the akhirah.
. 4 Ss. muy ety ea pee fe pe SEG LS Lgl 5 89
“My Lord! bestow on them Your mercy just as they cherished me in childhood.” (17:24)
I dedicate this translation to them both; may Allah * accept it from me on their behalf. Amin.
We thank Allah for the fact that this translation was completed almost 1000 years to the day after the death of Imam al-Qudurl, may Allah have mercy on him, on 5" Rajab, 428 AH. The translation was completed in Rajab, 1428 AH (July 2007).
Finally, for his # favours to humanity in particular, and to the entire creation in general, I express profound gratitude and invoke endless Salutations and blessings upon the Final Messenger of Allah, Muhammad al- Mustafa #, for ever and ever.
Tahir Mahmood Kiani
Sigh) OS TAHARAH — PURIFICATION
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Allah, exalted is He, said:
“You who have iman! when you get up to do salah, wash your faces and your hands [and your arms] to the elbows, and wipe over your heads, and [wash] your feet to the ankles.”
(Al-Ma’idah 5:6) WUDU’ — MINOR RITUAL PURIFICATION
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The Obligations (Farda’id) of Wudu’
Hence, the obligations of Purification are washing the three limbs,! and wiping (mash) the head.
The elbows and the ankles are comprised in the obligation of washing, according to our three ‘ulama’,* contrary to [the opinion] of Zufar, may Allah have mercy upon them.
The prescribed obligation in wiping the head is the extent of the forelock [and that is a quarter of the head] according to what al-Mughirah ibn Shu‘bah reported, that the Prophet # arrived at the camp of a tribe and he passed water. He then performed wudi’ and wiped over the forelock and his khuffs° (Muslim, an-Nasa’1, Ahmad, Abu Dawud and others).
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The Sunnahs of Purification [sought in Wudu’|
1.
= Se Ste aS SS
Washing both hands thrice before entering them into the pot [of water] when the person performing wudu’ wakes from sleep,
Mentioning the name of Allah x at the commencement of wudu’, Using the toothstick,
Rinsing the mouth (madmadah),
Rinsing the nose (istinshaq),
Wiping both ears,
Combing the beard [with wet fingers],
Combing the fingers [of each hand with wet fingers of the opposite hand],
Repetition of the washing up to three times.
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Matters that are Recommended (Mustahabbat) in
Wudw’
It is recommended for the person making wudu’ that:
1.
a SS
He intends Purification, He covers [the entire] head with wiping,
He performs wudu’ in order and commences with what Allah mentions first,
[He commences] with the right [limbs first], |He does the acts] in succession, and He wipes the [nape of the] neck.
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That which Nullifies Wuda’
1. Z. 3.
All that exits from the two passages,”
Blood, pus and serum — [such that] when they exit from the body they flow to a place that is subject to the rule of Purification,
Vomit, when it is a mouthful,°
Sleep, when the person is lying down, reclining, or leaning on
. something such that if it was removed he would fall over because of
it,
. The intellect being overcome by fainting or insanity, and
Laughter in every prayer that consists of bowing (ruku‘) and
’ prostration (sujud).
GHUSL —- MAJOR RITUAL PURIFICATION
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The Obligations of Ghusl 1. Rinsing the mouth, 2. Rinsing the nose, and 3. Washing the entire body.
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The Sunnahs of Ghusl
The sunnahs of ghus! are that:
The person performing the ghus! commences by washing both his hands, and
2. His genitalia, He removes the physical impurity (najdsah) if there is any upon his body,
Then he performs wudu’ as he would perform wudu’ for the prayer, except [the washing of] his feet,
5. He pours water over his head and [over] his entire body, thrice,
He moves away from that place [where he performs the ghus!] and washes his feet,
It is not [incumbent] on women to undo their plaits in ghus! if the water [easily] reaches the roots of the hair.
1.
2.
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The Factors which make Ghus! Obligatory
The ejaculatory discharge of spermatic fluid with passion by the man " and the woman,
2. The meeting of both the external genitals [in sexual intercourse] Leven] without ejaculation,
3. Menstruation (hayd), and 4. Postnatal bleeding (nifas).
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When Ghusl is Sunnah
The Messenger of Allah # set ghusl as a sunnah for:
1. The Friday prayer,
2. The two ‘Ids,
3. Ihram (entering upon hajj or ‘umrah), and
4. [Staying at] ‘Arafah.
There is no ghus! [obligatory] in [the cases of] madhy (pre-seminal or pre-
ejaculatory fluid) and wadr (post-urinal fluid), but wudu’ is [required] for them.
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Water Purification from hadath (ritual impurity) is valid with water from: 1. The sky,° River valleys,’ Springs, Wells, and Seawater.
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Purification is not permitted with water that has been squeezed out from trees (i.e. sap) or fruits’ (e.g. fruit juice etc.), nor with water in which something alien is dominant and which has changed it from the natural state of water, like beverages, vinegar, broth, legume soup, rosewater and carrot juice.
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Purification is permitted with water in which something pure is mixed and [which] has changed [only] one of its properties, like floodwater and water in which saltwort, soap and saffron are mixed.
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When physical impurity falls into any [type of] still water, wudu’ is not permitted with it, be [that water] less or more [in quantity], because the Prophet # has instructed [us] to protect water from impurity, for he said:
“None of you should ever urinate in standing water, and neither should he bathe in it for [the removal of] janabah (major ritual impurity).”
(Al-Bukhari, Ibn Majah, Abu Dawud)
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He # [also] said:
“Whenever any of you wakes from his sleep, he must not dip his hand into the pot [of water] until he has washed it? three times, for he does not know where his hand spent the night.”
(Muslim, Abu Dawud, an-Nasa’I, Ibn Majah, Ahmad, ad-Daraqutni)
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With regards to running water, when physical impurity falls into it, [the performance of] wudu’ is permitted with it, [provided] any effect of it is not noticeable, because [physical impurity] does not settle with the flowing of water.
Bb ob aw ad b tol dow Y gil ad padly CSL ys egedgll fle Lubes ashe sol g cody 131 SI ad) \yas Y aula! Gl pallall oY SV When physical impurity falls into either of the two sides of a large pond, in which one of the two sides does not move when one causes motion on the
other side, then wudu’ is permitted at the other side, because it is evident that the physical impurity has not reached it.
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in water of that which lives in water, like fish, frogs and crabs, spoil the water.
Used Water
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The use of previously used water is not permitted for Purification from ritual impurities.
Previously used water is all water with which a ritual impurity has been removed, or that has been used on the body for the purpose of [seeking] nearness [to Allah].
On Tanning
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Every hide becomes pure when it is tanned; prayer is permitted on it, and [the performance of] Wudu’ is permitted with it, except [with] the hides of Swine and human beings.
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The hair and bones of the carcass are pure.
On Wells
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When a physical impurity falls into a well, it is taken out, and purification [of the well is achieved by] draining whatever water is in it.
If a mouse, sparrow, wagtail, king crow or gecko dies in [the well], between twenty to thirty buckets are emptied out from it, depending on the largeness or smallness of the bucket."
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If a pigeon, chicken or cat dies in it, between forty to fifty buckets are emptied out from it.
If a dog, goat or human being dies in it, all of the water that is in [the well] is drained.
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If the animal has become bloated in it, or has putrefied, everything in [the well] is drained, [irrespective of whether] the animal is small or large.
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The number of buckets is reckoned according to the medium-sized bucket used for wells in the lands. If [the water is] emptied out with a bucket of large volume which is more capacious than the medium-sized bucket, it is calculated according to that.
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If the well is spring-fed, and is not drainable, and it is obligatory to drain whatever is in it, they take out the equivalent of whatever water is in it. It has been reported by Muhammad ibn al-Hasan, may Allah have mercy on him, that he said, “Between two hundred to three hundred buckets are emptied out of it.”
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If a dead mouse or something else is found in the well, and they do not know when it fell in, and it has not become bloated nor has it putrefied, then they are to repeat the prayers of a day and a night if they had performed Wudu’ from it, and they are to wash everything that its water had come in contact with.
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If it had become bloated or had putrefied, then they are to repeat the prayers of three days and nights, according to a saying of Abu Hanifah, may Allah have mercy on him. Abii Yisuf and Muhammad,'* may Allah have mercy on them, said that they do not have to repeat them until they ascertain when it fell in.
Leftover Water
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Water leftover (su’r) by a human being and by [an animal] the meat of which is [legally] eaten,'’ are both pure.
Water leftover by dogs, pigs and predatory animals is impure (ngjis).
Water leftover by cats, stray chickens, birds of prey and of those creatures
which inhabit houses, for example snakes and mice, is [all] disapproved (makruh).
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Water leftover by donkeys and mules is doubtful. Therefore, if any person
does not find anything other than this [type of water], he performs wudu’ with it and [also] performs tayammum (dry ablution), and it is valid for him to commence with either of the two.'*
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TAYAMMUM — DRY ABLUTION
Stipulations for the Validity of Tayammum
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1. Someone who does not find water while travelling, or
While outside the city, and there is approximately a mile or more
between him and water, or
Someone who does find water but is ill and is afraid that, if he uses
the water, his illness will be aggravated, or
Someone who is junub (major ritually impure in need of ghusl) who
A. fears that if he bathes with water, the cold will kill him or make him ill, then:
He performs tayammum with clean earth (sa ‘Td). (Al-Ma’idah 5:6)
The Method of Tayammum
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Tayammum is [performed by] two strokes [on the sa ‘id]: 1. With one of which one wipes the face, and 2. With the other [he wipes] his two hands [and arms] up to the elbows.
Tayammum is the same in [the cases of] janabah and hadath.'°
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According to Abii Hanifah and Muhammad,!° may Allah have mercy on them, tayammum is valid with everything which is of the genus of earth, like soil, sand, stones, gypsum, lime, kohl and arsenic.
Abu Yusuf, may Allah have mercy on him, said, “It is only valid with soil or sand in particular.”
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The intention is an obligation (fard) in tayammum, and recommended for wuduw’.
That which Nullifies Tayammum
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Everything that nullifies wuda’ nullifies tayammum."’
Sighting water also nullifies it, when one is able to use it.'® Tayammunmi is only valid with pure clean earth.
The Search for Water
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Someone who does not find water but does hope to find it during the last time [of the prayer] is recommended to delay the prayer up until the end of its
time. Then, if he finds water, he performs wudu’ and prays, otherwise he performs tayammum [and prays].
Whilst in tayammum, one performs whatever obligatory and Supererogatory prayers one wants.
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Tayammum is valid for someone in good health who is resident, [in the case] when a funeral is present and the wali (heir) is someone other than himself, and he fears that he will miss the funeral prayer if he becomes occupied with purification [with water i.e. wudu’ or ghusl], then he performs tayammum and prays. It is similar for someone who is present at ‘Id prayer and fears that he will miss the ‘Id [prayer] if he becomes occupied with purification [with water].
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However, if someone is present at the Jumu‘ah and fears that if he occupies himself with purification [with water], he will miss the Jumu‘ah, [nevertheless] he performs wudu’; then if he catches the Jumu‘ah, he prays it, but otherwise he prays zuhr as four [rak‘ahs]. Likewise, if the time becomes tight and he fears that he will miss the time [of that specific prayer] if he performs wudu’, [then] he does not perform tayammum but performs wuduw’ and prays his missed prayer.
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If a traveller forgets [that he had] water during his journey and performs tayammum and prays, and then remembers the water still within the time [of that prayer], he does not repeat his prayer [with wudu’], according to Abu Hanifah and Muhammad, may Allah have mercy on them. Abu Yusuf, may Allah have mercy on him, said that he repeats [the prayer].
ei dle 5 ohana ON Je ali, 15) wasell Je ral Albay > oss Sid 54 dele dlia Shab fe leo) s It is not incumbent on someone who is performing tayammum [as a traveller] to search for water if he is not inclined to believe that there is water nearby, but if he is inclined to believe that there is water [nearby] then he is not permitted to perform tayammum until he has searched for it. wed Ae date SB gags Sl Jb are al cle addy a2 OIF Ol 5 H9
If his companion has some water with him, one asks him for it before performing tayammum; then if he refuses it, one performs tayammum and
prays. cnah| Me rod ob MASH — WIPING OVER KHUFFS
Its Ruling
Shee gal age tite JS edith Sle adh be cull Adds Lege cane Lede SIS GB Stel babe Le Gud! yd Ledls ell B35 pane | Sliae SIS Sl s Wiping over khuffs is valid, by the sunnah, from every ritual impurity that necessitates wudu’, when one dons khuffs while [ritually] pure, and thereafter becomes ritually impure. If one is resident, he wipes [over his khuffs] for [a
maximum of] a day and a night,’” and if he is travelling, then he wipes [over his khuffs] for [a maximum of] three days and nights.
id) ude legals
Commencement [of wiping] follows the occurrence of ritual impurity.
Method of Wiping
oO 1 aledl lb kes L® all Js pa | de ‘on gel ee gel SMG lade US 2559 SLI MI we JJ |
Wiping over the khuffs is made upon their outer [part], in lines [drawn]
with fingers. One begins from the toes towards the shin. The obligation~? in that [wiping] is the extent of three fingers from the fingers of the hand.
SOE a8 are es WS GF 4B Ee Se ll 554 Ys Sle DS 30 JOS Sly Jeu! abel
Wiping is not valid over a khuff in which there is a tear through which the extent of three toes are exposed, but if it is less than that, then it is valid.
Jel) he rong oh atl Se redl 594 Vy
Wiping over khujffs is not permitted for someone for whom ghusl is
obligatory. That which Nullifies Wiping
i ¢ 3 Lal ada s cegegll ain L rank! ake 9 eed GAAS
Whatever nullifies wudu’ nullifies wiping. The removal of the khuff also nullifies it, and so does the expiry of the period [of wiping].
Issues Pertaining to the Duration of Wiping
Bole adhe ads beg agley Junby ate & dal) ae |3ls
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When the period [of wiping] elapses, he removes both of his khuffs, washes both of his feet and [then he is permitted to] pray. The repetition of the rest of the wudu’ is not incumbent on him.
Whoever begins wiping [over khuffs] while resident, then travels before completion of one day and one night, performs the wiping for the complete three days and nights.7!
Whoever begins wiping [over khuffs] while travelling, then takes up residence:
If he has performed wiping for one day and one night or more, the * removal of his khuffs is incumbent on him, But if the wiping had been done for less than [a day and a night], then ’ he may complete the wiping for a day and a night. Whoever wears an overshoe (jarmuq) over the khuff [may] wipe over it.
That over which Wiping is not Valid
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Wiping over socks is not valid, unless they are made of leather or they are soled. The two of them,** may Allah have mercy on them, said that it is valid [to wipe over socks] when they are thick and do not absorb water.
It is not valid to wipe over a turban, a cap, a veil or gloves.
It is permitted [to wipe] over splints,~? even though they were fastened without [prior] wudu’. If they fall off without [the wound] healing, the wiping does not become void, but if they fall off after healing, [the wiping] becomes void.
ati ol HAYD —-MENSES
The Duration of Menstruation
ee ad US ye GAB ley cledlly el BU Yad Jl Andlocel 54d CUS Je lj leg ell onde ofS ly aclu! gay
The minimum [duration] of menstruation (hayd) is three days and nights,-* so whatever is less than that is not menses, but chronic menstrual bleeding (istihadah).
Its maximum [duration] is ten days, so whatever exceeds that is [also] istihadah.
Colour
9? LAH Al! By dyads Bod ys A Ll ol 5 ky Lde oll 6 3 2 24>
During the days of menstruation, whatever the woman sees of redness, yellowness and darkness [of discharge], is menses. [The menstruation continues] until she sees proper whiteness.
On its Legal Ruling
29 a pall Lele 0H 9 Ball SEI yc ede ade
Menstruation absolves the menstruating woman of the obligation to pray and it makes fasting haram for her. She must make up (gada’) the fast but does not have to make up the [missed] prayer.
D9 Mo lg ys ESL Vg CaS Bhat Vy toed [RT Vy adoual! po Stolk 5 ot Vo OLB Sel 8 Cee Vo (dL adden oddL SI YY
She does not enter the mosque nor does she perform tawdf of the House [of Allah] (Ka‘bah). Her husband does not approach her [for sexual intercourse]. The recitation of the Qur’an is not permitted for the menstruating woman nor for the junub. Touching the mushaf (Qur’an) is not permitted for someone who is in the state of minor ritual impurity requiring wudu’ (muhdith), unless he holds it by its wrapper.
> leks 54D ell Bb ge BY Gad! po alaail 15 aL\3 pts} geo alatil 5) 9 ALIS Sto cdg lyle pac ol Jacks AFH Bde & esl Ge MA IS ebay ceva IS edes jle ofS VALE Ys logy ac Lae pala $3 ys Ll wi 948
When the menstruation ceases in less than ten days, sexual intercourse is
not permitted with her until she takes a bath, or when the time of a complete prayer has passed by her. But if the bleeding ceases in ten days, sexual intercourse is permitted with her before [she does] the ghusl.
When [a period of] purity (tuhr) intervenes between two [separate] bleeding [periods] within the period of menstruation, then it is like continuous bleeding.~°
The minimum [period of] purity is fifteen days, and there is no limit for its maximum.
Istihadah — Chronic Menstrual Bleeding
BS gl ol 42303 UY 3 i Al ol le Sw Aya lacy | eg pul he os
The bleeding of istihadah is what the woman sees: 1. [For] less than three days, or 2. For more than ten days.
On its Legal Ruling
« esl Yo sa Yo > ya)| y sols JI o> AaK>3
ell re mI) A29 pr0 sale o\ pall g D pcan) \ is el >) Ia\ 9
Fold as Nal Ol g Aslecul 9g3 LS Je al} ey Leole dnalocel SU 328 IS oe ellie peed dobnw
The ruling of [istihadah] is [the same as] the ruling of nosebleed; it does not prevent prayer, or fasting or sexual intercourse.
When the bleeding exceeds ten [days] and the woman has a known cycle [of menstruation and purity], she refers to the days of her cycle.*° Whatever exceeds that [cycle] is istihadah.
If [a minor] commenced her puberty in the state of istihadah, her menses are ten days of each month and the remainder is istihadah.
Tots ell Bless SoS pele Gee A2latuh| 9
po Wd: d ghar 9 Be IS C5) Sslogs By V sil
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The woman experiencing istihadah, someone who suffers from urinary incontinence, a continuous nosebleed or a wound that does not cease [bleeding or discharge of other matter] all perform wudu’ for the time of every prayer and pray with that wudu’, at that time, whatever obligatory and Supererogatory [prayers] they wish, and when the time elapses, their wudu’ becomes void, and the renewal of the wudu’ for the next prayer is incumbent on them.
Nifds — Postnatal Bleeding
Sal | ol Sil ells 92g) Wnt cA el 52 pels dole! WS 9 > JS Lardy Sle Sal Mol 5 ey
Postnatal bleeding is the blood that emerges following childbirth. The blood which the pregnant woman sees, and what a woman sees during her delivery, before the emergence of the child, is istihadah.
QP US Je olj leg leg Ogu slop lg ue Y pled Jal
There is no definition of the minimum [period] of postnatal bleeding, but its maximum is forty days. Whatever exceeds that is istihadah.
he ale 3\ A ode GAS A349 cna is el jal 1d\ 9 B 3S 3 dls vole all J) oy lal 3 dole by ats Legs gary! wld dale
When the bleeding extends beyond forty [days], and this [particular]
woman has given birth before and has a [regular] cycle in postnatal bleeding, she is to refer to the days of her [regular] cycle. If she does not have a [regular] cycle, then her postnatal bleeding is forty days.’
eal cy a Le [gw lard crols oye 3 cpg Sse cpeg SLs all gary Gay ly dase ll ue Jel sil Ge
BU) we)! cei dls ANI Lge) 9)9 toe Slo
Whoever gives birth to twins in one pregnancy, her postnatal bleeding is whatever blood exits following the first child, according to Abu Hanifah and Abu Yusuf, may Allah have mercy on them, but Muhammad and Zufar, may Allah have mercy on them, said that [postnatal bleeding is] from the second child.
ees ob IMPURITIES AND THEIR CLEANSING
Ba, SAN ISA 9 42 959 teal Ga ge oly dale! gh Ads
The purification of physical impurity from the body of the worshipper, his clothes and the place upon which he prays is obligatory.
Le) gS palb Ske JXog Ul doles pgs 5 54s tod ee 4 Aula as | culal \d\_9 62) gl cles Jos a adighaljle BN aKI3
It is permitted to purify physical impurity with water and with every liquid [with which] its removal is [practically] possible, such as vinegar and rosewater. When physical impurity that has body, comes into contact with a khuff [or a shoe] and dries [upon it], and then one rubs it on the ground, prayer is permitted in it.
Ad ol jal gill de Cam 131d adey Jab OS pod ally NS) 9 clygreent AS | duSl ol BL LI cull 15) Aled » <2) ps Ball ojle Le Sleds eb rbd dubs 2M cobel
Lge marill 5 9 Vol l& Se
Semen is an impurity whose wetness is to be washed, but if it dries on the garment then scraping it is sufficient for it. When physical impurity comes into contact with a mirror or a sword, it is sufficient to wipe them both. If physical impurity falls on the ground, dries in the sun and its traces go away, then prayer is permitted on its location, but tayammum is not allowed from [that place].
Heavy and Light Filth
Fly Lilally S gSly pW Aalall dulled ye avbel jes
N53 Cy) 9 Ame Od al Cope abes leo Am I slate rs BES. pe dg ~ ( a, Lah
Prayer is permitted when heavy filth (najasah mughallazah), like blood, urine, faeces and wine, comes into contact with someone, to the extent of the size of a dirham or whatever is less than that. If [the heavy filth] is more [than this amount, then] prayer is not permitted [with it].
Seal wile caad Ip be S gS deat dues anblel ls 33) ay ale se ane
If light filth (najasah mukhaffafah), like the urine of [an animal] whose meat can [legally] be eaten, comes into contact with him, then prayer is
permitted with it as long as it does not reach [the extent of] a quarter of the Sarment.
Visible and Invisible Filth
AS pe ped WS Labingrs delet os SMauledl puless a) pad Lag Let] pate le Lal se de SIM Lge Sly Leigh pb dal LW yb feos > June ILE ghd 45 2 He
Purification of physical impurity, the washing of which is obligatory, is of two types:
Whatever has a visible substance, its cleansing is [deemed to be] the 1. removal of its substance, unless such traces remain which are difficult to remove,
Whatever does not have a visible substance, its cleansing is that it be washed until the one washing is inclined to believe that it is now pure.
Istinja’ — Cleansing the Excretory Passages
Jon£ Lgelic os leg yAhlo adlasig pe duel yYs
3} NF SN g peadl Ub alut a) gine dead pudgy aad tm
Vo plan oon Vy Olly Ul V1 43 54 I ee Aled Armia Vy elale: Vy Oy
Istinja’ is sunnah. Stones, clods and [suitable] alternatives are sufficient for it.
One rubs it until [the area] is clean, and there is no prescribed number [of stones or rubbings] for it.
Washing it with water is better [and] if the physical impurity exceeds its orifice, [then nothing] other than water and liquids are permitted for its removal.
Istinja’ is not performed with: 1. Bones,
2. Dung,
3, Food, or
4. The right hand.
Bad) OS
SALAH — PRAYER
The Timings of Prayer
3 Le fall al! 29 GUI pl all 15) pill 5s Si eid alles J be ley Ty 535! The beginning of the time of fajr is when the second fajr (dawn) rises, and that is the whiteness that spreads across the horizon. The end of the time [of
fajr] is as long as the sun has not yet risen.*°
dagim al Ue Lye Ty not! oI1j 15) ll obs Sole SWBy Shy MoS G gu alto ect JS JB jhe 5) SLs abllary alds ecg JS Se she 51: dls al Lgry et 9 cig gl
The beginning of the time of zuhr is when the sun declines [from the meridian]. The end of its time, according to Abu Hanifah, may Allah have mercy on him, is when the shadow of everything becomes twice its size, excluding the [normal] shade at midday. Abu Yusuf and Muhammad, may Allah have mercy on them, however, said that [the end of the time of zuhr] is when the shadow of everything becomes [equal to] its size.
-
edo ly oisill be bl o39 7 5 NS] pal ods Joly nett) os J bs The beginning of the time of ‘asr is when the time for zuhr has expired,
according to either statement of the two [preceding statements], and the end of its time is as long as the sun has not set.
SS de Uys Sly pod Ce pF 13 Spall 239 Sols Ev Poe al LF B pad oe PII EG» SMI els! gm9 jac gt bs al Lgey wet 9 Vag gl SEs SS all avy \
The beginning of the time of maghrib is when the sun has set, and the end of its time is as long as the twilight (shafaq) has not departed, and that is the whiteness that is seen on the horizon after the redness according to Abu Hanifah, may Allah have mercy on him, but Abu Yusuf and Muhammad, may Allah have mercy on them, said that [twilight] is the redness.
pie: x le \gr89 ely pris wile \>\ oid | 99 J9\¢ al j=l
The beginning of the time of ‘isha’ is when the twilight departs, and the end of its time is as long as the second fajr has not appeared.
el alle, Je gS: Fly cLedl ay S339 Isls
The beginning of the time of the witr [prayer] is after ‘isha’ [prayer], and the end of its time is as long as the fajr has not appeared.~”
Recommended Times for Prayer
ents yall 8 BIL Ly Gal (EY etn 9 pe lg BM Jody oth pad Ile paall poly lett b JBN Ee BL yh Soll Grorey 9 WIE [SL SL ass sal lov 34 3 ols IW ST sol 5% ol It is recommended: 1. To brighten the fajr [prayer],”°
To cool the zuhr [prayer] in the summer,”! and to hasten it in the winter, To delay the ‘asr [prayer] for as long the sun does not change [its
2.
3. colour],°* and
4. To hasten maghrib [prayer],
5. To delay the ‘isha’ [prayer] up until just before one-third of the night.
In the case of the witr [prayer], it is recommended for someone who is accustomed to performing the prayer of the night,’’ that he delays the witr [prayer] to the end of the night. If he is not confident on waking up [for it], he performs the witr [prayer] before sleeping.
OBI Ol
ADHAN — THE CALL TO PRAYER AND ITS RULING
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Adhan is sunnah for the five [daily] prayers and for the Jumu‘ah prayer, [but] not for [prayers] besides those.**
There is no modulation (tarjr‘) in it.
One’? adds [the words] “as-salatu khayru’m-mina’n-nawm — Prayer is better than sleep,” twice after [saying, “hayya ‘ala]’l-falah — [Hurry towards] success,” in the adhan of fajr.
AB: CAB be > te ed 2 pp ail YL OL fhe EYL
The igamah°° is similar to the adhdn, except that one adds “gad gamati
*s-salah — prayer has been established,” twice after “hayya ‘ala ’I-falah” in it.
AL IS ALA Lage Jinn 9 dalBY 8 pret ONS dente 9 Vheatg Lik agony Sg TMs Oda! J)
One says the adhan leisurely and is rapid in the igamah.
One faces the giblah>’ for both [the adhan and the igamah], but when [the mu’adhdhin] reaches the [word of] as-salah (in “hayya ‘ald ’s -salah”) and al-falah [in “hayya ‘ala ’I-falah’|, he turns his face towards the right and the left [respectively].
Sy plBly DoW OSI Sl gle aU SB ah 9 ASL 455 » AalBY Je pal Li Sls bly Sd ele 6): 25 WI BLS
One calls the adhdan for the missed prayer and [also] says the igamah. If someone has missed many prayers, he calls the adhan for the first [prayer] and says the igamah, and for the second, he has the choice; if he wants, he calls the adhan and says the igamah, or, if he wants, he restricts himself to the igamah [only].
Je +929 2 Se 03) OB eb Se rb 9 O32 O! Ae bShal O35 Va ce 929 03% ol 9929 2S Se ea I 0K 5
SUS alll aay Caovgs gl aie pout 3] Leds J do
One ought to call the adhan and say the igamah in [the state of] purity, but it is permitted if one calls the adhan without wudu’. However, it is disapproved [for one] to say the igamah without wudu’, or to call the adhan whilst junub.
One is not to call the adhan for a prayer prior to the entry of its time, except for fajr according to Abu Yusuf, may Allah have mercy on him.
anes J bad! bs ob PRECONDITIONS OF PRAYER
Se eee g GIES ys BLA pre GI peal be
Ad) 9S fu 9 olietd Le
It is obligatory on the worshipper (musalli):
1. To give precedence to purity from ritual and physical impurities, according to what we have mentioned earlier [in the last chapter],
2. To conceal his nakedness (‘awrah),
(928) FAS Se dS MN Mootle: Jo N 10d) gle 3 nd
The nakedness of a man is whatever is below the navel to the knee — the knee is [included in] the nakedness but not the navel.
Let g gga eg Wl dy 96 lS BDI SLM Ong
All of the body of a free woman is nakedness, except her face and her two hands.
Ln ygbog Liber 9 Le yo by 96 gd Jord Cpe By 96 SIT Ley By 9 ued Lee ce CUS 6 gw Leg 8) g¢
Whatever is nakedness for a man, that is [also] nakedness for a slave- woman, as well as her belly and her back. Anything else of her body is not nakedness.
da dg yas be duletdl a lh pest J peg
Whoever does not find that with which he may remove the physical impurity, prays with [the physical impurity], and he is not obliged to repeat the prayer.
dgredle & SMe geg WEB UL © hel fat d yy
Whoever does not find garments, prays naked, seated, indicating the bowing and the prostration.
If he prays standing, it suffices him, but the former [method] is better.
As ol oy 9 lee rads Y ans ed Joy Sl oda 5 9% 9
dem si DL dad WE 9 SS Ol YY ALaI Jen 9 cor
je
[And it is obligatory on the worshipper (musalli):]
3. To make the intention for the prayer in which he is about to enter, with an intention which he does not separate from the tahrimah*® by any other action,
4. To face the giblah, except when he is in a state of fear [in which case] he may pray [facing] any direction he is able.
Agel Wye Slag Ge pare gud Adal ade ogctl ob be
Lo
If the giblah is unclear to him and there is no one present whom he may ask about it, he exerts himself [in working out the giblah] and then prays.
989 23 phe OI g ae Bale] SB he be aw Les i asl gle obs lade 9 Akal MN jlo oua)l 3
If he comes to know after he has prayed that he has made an error [in determining the giblah], then there is no repetition [of the prayer due] upon him, but if he comes to know that whilst in the prayer, he turns around towards the giblah and forms [the remainder of the prayer] upon [what he has already done].*”
oMyasl dae Ob THE PROPERTIES OF PRAYER
dgrdl ge gS Slodel Bl gel al cde pall :dw dal abl 8 dies 9g US Jo olj leg agtall lade drs NI daadll y
Obligations (Fara’id) The obligations of the prayer are six: 1. Saying the ‘Consecratory Takbir’ (tahrimah), 2. Standing (giyam), 3. Recitation [of the Qur’an] (gira’ah), 4. Bowing (rukw‘), 5. Prostration (sujud), and 6. Final sitting (qa‘dah) for the extent of the tashahhud.””
Anything beyond this is sunnah.*!
THE PERFORMANCE OF PRAYER
The First Rak‘ah or Unit
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When a man enters his prayer, he says the takbir,** and raises both his hands with the takbir until his thumbs are parallel to his earlobes.
According to Abu Hanifah and Muhammad, may Allah have mercy on them, it suffices him to say, “ Allahu ajall — Allah is more majestic,” or “fAllahu] a‘zam — Allah is more tremendous,” or “ar-Rahmanu akbar — the Most Merciful is greater,” in the place of the [normal] takbir. Abu Yusuf, may Allah have mercy on him, however, said that it is not permitted for him to say anything but, “ Allahu akbar — Allah is greater,” or “ Allahu’l-akbar —
Allah is the Greatest,” or “ Allahu’l-Kabir — Allah is the Great.”
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Sys a}| Yo Sto MS¢ Cua HylSe Srsow 9 oll low
wy ON) a wn Lye g we! Wert! pe UL Luatne 9 lee peg
[In giyam] he rests his right hand over his left, and places both beneath the navel.
Then, he says, “subhanak’Allahumma wa bi-hamdika wa tabaraka’smuka wa ta‘ala jadduka wa Ia ilaha ghayruka — Glory be to You, O Allah. All praise is for You. Blessed is Your name, exalted is Your dominion and there is no god other than You.”
He [then] seeks refuge with Allah from the accursed Shaytan*? and recites, “bismi’llahi’r-rahmani’r-rahim — In the name of Allah, the All Merciful, the Most Merciful,” doing so inaudibly** in both cases.
a) sl ea LIE ol gas By gg OES A215 1,2 0 wohl Age 9 Gel: SU Wall Yo ely JIB V3) 9 el Ek& 9
Then, he recites the Fatihah*? of the Book (Qur’an), and a chapter (surah) with it, or three dyahs (verses) from any chapter he wishes.
ce
When the imam*® says, “...wa la’d-dallin,” he says, “ amin” and the
follower also says it, but inaudibly.
avbel Ge g gS) Ue dy deters Seo WS
65) 3 Soh 9 Ky Vy duly aby Vy ong Lee 5
pow: Job g duly aby ob biol Udy UG alas gy de ded) MN yy : pS§Ml Ugh 9 ore oh alll
Then, he says the takbir and perform the ruku‘; he rests his hands on his
knees, opens his fingers wide, levels his back and neither raises nor lowers his head [excessively]. [Once] in ruku‘ he says, “subhana rabbi al-‘az 1m — Glorious is my Lord, the Great” thrice, and that is the minimum.
Then, he raises his head saying, “samia’llahu li-man hamidah — Allah hears the one who praises Him.”
The follower says, “rabbana laka’l-hamd — Our Lord, all praise is for You.”*”
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When upright in the standing posture, he says the takbir and prostrates. He rests his hands on the ground and places his face between his palms. He prostrates on his nose and forehead. If he confines himself to [only] one of the two, it is permitted, according to Abu Hanifah, may Allah have mercy on him, but the two of them,*® may Allah have mercy on them, said that restricting [the sajdah] to the nose is not permitted except because of a valid excuse.
jhe 48 LOB Je glare 5 Je tow Ob
If he prostrates on the fold of his turban, or on the extra [portion] of his clothing it is permitted.
adey glel amg 9 2558 ys ale blty and Gry 5 N59 SG be So lew 1 02 go 3 J 9% 9 shall god obo
In his sajdah, he opens up his armpits and separates his stomach from his thighs, points the toes of his feet towards the giblah and says “subhdana rabbiya’l-ala — Glorious is my Lord, the Most Exalted” thrice, and that is the minimum.
drwy 9S Ladle SLL! 3 9 RO 9 aul er
He then raises his head [whilst] saying the takbir, and when he is settled in the sitting posture, he says the takbir [again] and prostrates.
Vo dyed pote de UB ggely GS Ite bbl 156
U2 de Andy deta Vy tak,
When he is settled in the [second] sajdah, he says the takbir and becomes erect in the standing posture, upon [the use of] the balls of the feet;*? he does not sit nor support himself with his hands on the ground.
The Second Rak‘ah or Unit
patton YAN S| Ded 3 Jad be foe AgW LS 3 ad BST ASSN BY] a ad Vo Spas Yo
In the second rak‘ah, he does just like he did in the first, except that he does not open [the unit with “subhanak’Allahumma...” |, nor does he recite the ta‘awwudh or raise his hands [to his ears], other than in the [case of the] first takbir.°?
dla y bal ASU AaS\ 3 ASW Btu! ye duly Ady I5\3 ged dalel amgg lad Goll aig Lede uled 6 pull Agcy eS anbel Law 9 isd Je an ays dal
When he raises his head from the second prostration in the second rak ‘ah, he lays his left foot down and sits on it, and he erects his right foot [firmly] and directs its toes towards the giblah. He places his hands on his thighs and spreads his fingers flat [on them], and says the tashahhud.
Pud! Sly Di galls aU Sled! : J gis ae ne all sls Bes ide ed aslS 9 AN\ Ae) 9 ll Lich dhe Agu 9 OE Lek Sl agily all Wal Y ol resi yttelt
dN bhai) | G \ Juss Js wp Yo
The tashahhud is that he says, “at-tahiyyatu li’[lahi wa’s-salawatu wa’t- tayyibatu, as-salamu ‘alayka ayyuha’n-nabiyyu_ wa-rahmatu’llahi wa- barakatu-hu, as-salamu ‘alayna wa “ala ‘ibadi’llahi’s-salihin, ash-hadu al-la ilaha illa’llahu wa ash-hadu anna muhammadan ‘abdu-hu wa-rasuluh.” In the first sitting (al-qa ‘dat al-ula), he does not go beyond that [point].
dale IS 4A Ow SI GaSb LB In the following two rak‘ahs, he recites the Fatihah of the Book only?! Agt5 9 SINS Gele LS ule Sa! STG pole 15
When he sits at the end of the prayer, he sits as he sat in the first [sitting position at the end of the first two rak‘ahs], and says the tashahhud.
SAS aus cli lk lease prlng ache UI be ol de Les AN AIT auty Le ge Vo dy oll Aco OL a
He asks for blessings upon the Prophet #, and makes supplications for whatever he likes with what resembles the words of the Qur’an and transmitted supplications. He does not supplicate with [words] that resemble the speech of humans.
asa 9 al Ae) 9 Kile “ ered: J 8d dice GE elie NS de
ce
Thereafter, he says the salutation (salam) to his right and says, “as-
salamu ‘alaykum wa rahmatu’llah” and then to his left, likewise.
Recitation all ge Hd Gea b9 pal b del BL eH s
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If one is [himself] the imam, he raises his voice with the recitation [of the Fatihah and the additional chapter] in:
1. The fajr [prayer], and in the first two rak‘ahs of
2. The maghrib, and
3. The ‘isha’ [prayer].
He is to make his recitation inaudible in [the case of] whatever follows the first two rak‘ahs.
If someone is [praying] alone, then he has a choice; if he wishes, he may raise his voice and make himself hear [the recitation], or if he wishes, he may make it inaudible.
In the zuhr and ‘asr [prayers], the imam makes his recitation inaudible [in all the rak‘ahs}.
The Witr Prayer
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The witr [prayer] is three rak‘ahs; he is not to separate them with Salutation. He recites the [du‘a/ qunut in the third [rak‘ah immediately] before the ruku‘, throughout the year.
In each unit of the witr [prayer], he recites the Fatihah of the Book with a
chapter [added] to it, and when he wants to [recite] the gunut, he says the takbir and raises his hands [to his earlobes], and then recites the gunut. He does not recite the qunut in any other prayer.
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The recitation of a particular chapter and [believing] that any other [chapter] will not suffice is not a part of prayer.
It is disapproved [for one] to adopt the recitation of a specific chapter for the prayer not reciting any other [chapter] in it.°
Minimum Recitation
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The least amount of recitation in the prayer that suffices is whatever is comprised under the name ‘the Qur’an’, according to Abu Hanifah, may Allah have mercy on him, whereas Abu Yusuf and Muhammad, may Allah have mercy on them, said, “Less than three short verses or one long verse”? is not allowed.”
The follower is not to recite behind the imam.**
Whoever wants to enter into the prayer led by another requires two intentions:
1. An intention for the prayer, and
2. An intention for the [act of] following. deltl ol THE JAMA‘AH OR CONGREGATION
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Congregation (jamd‘ah) is a sunnah mu’akkadah [for the obligatory
prayers].°°
Imamah — Leading the Congregational Prayer
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The most worthy of people for leading the congregational prayer are: The most knowledgeable of them in the sunnah. If they are equal [in that respect], 2. The best of them in reciting [the Qur’an], then if they are equal, 3. The most scrupulous of them, then if they are equal,
The eldest of them.
1.
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It is disapproved to give priority [as the imam] to:
1. A slave,
2. A Bedouin,”°
3. A dissolute,
4. A blind man, and
5. The child of adultery.
If they put themselves forward [to lead the prayer], it is valid. The imam does not prolong the prayer for them.
Congregation of Women
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It is disapproved for women to pray in congregation by themselves, but if they do, [then] the imam is to stand in between them,°’ as [in the case of] naked people.”
Sequence of Rows
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Whoever prays with [only] one other person makes him stand to his right, and if there are two people [other than the imam], then [he stands] in front of them.
It is not allowed for men to follow a woman [in congregational prayer], nor a minor.
[In the congregational prayer,] the imam forms [the front] rows of men, then minors [behind the men], then effeminate men/hermaphrodites and then women.
If a woman stands next to a man [in congregational prayer] participating in one and the same prayer, the man’s prayer is void.
Other Issues Pertaining to Prayer
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It is disapproved for women to attend the congregation, but there is no harm if elderly women go out for fajr, maghrib and ‘isha’, according to Abu Hanifah, may Allah have mercy on him. Abu Yusuf and Muhammad, may Allah have mercy on them, said that elderly women are permitted to go out for every prayer.
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Someone in the state of purity is not allowed to pray behind someone with urinary incontinence, nor pure women behind the woman suffering from chronic menstrual bleeding, nor a reader [of the Qur’an] behind an illiterate person and nor a clothed person behind a naked person.
It is permitted for someone who has done tayammum to lead those who have done wudu’ [in congregational prayer], and someone who has wiped over his khuffs to lead those who wash [their feet] and the person standing may pray behind someone who sits.
The person who is performing ruku‘ and sujud is not to pray behind someone who gestures,”” the person performing the obligatory [prayer] is not to pray behind someone who is performing supererogatory prayers, and nor is someone who is performing one obligatory prayer [to pray] behind someone who is praying a different obligatory prayer.
Someone who is praying aS supererogatory may pray behind someone who is praying the obligatory prayer.”
Whoever follows an imam [in prayer] and then realises that [the imam] was without purity, must repeat his prayer.
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It is disapproved for the worshipper to fidget with his clothing, or [with parts of] his body [during the prayer], and he does not move pebbles away unless they render prostration impossible, in which case he may smooth them away only once.
He does not:
1. Crack his fingers,” Interlace [them], Place his hands on his flanks, Drape his garment loosely [over his head], Gather it [with his hands], Braid his hair, Turn towards the right or left, Squat like the squatting of a dog,” Reply to greetings with his tongue or [by gesturing] with his hand, Sit cross-legged, other than with a valid excuse, or . Eat or drink.
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If he is overcome with minor ritual impurity, and if he is not the imam, he turns away [and leaves the prayer], performs wudu’ and reestablishes his
prayer [based on where he left off].°* If, however, he is the imam, then he appoints someone as [substitute] imam, performs wudu’ [himself] and performs his prayer [based on where he left off], as long as he has not spoken. Renewal of the prayer from the very beginning, [however,] is better [in either case].
That which Nullifies Wudu’
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If [during prayer]:
1. Someone falls asleep and experiences seminal discharge, 2. Becomes insane,
3. Is overcome with unconsciousness, or
4. Laughs [audibly],
he renews his wudu’ and [also] his prayer.
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BAL bess Oy hey Lag sgt 8 8 be de Gah
Oh 9 AS ee HE Beall Sly Mee Joe gl ISS 9] VL obs ade Cala, aioe 3 ell peck! ch
If someone talks in his prayer, whether deliberately or out of forgetfulness, his prayer is void.
If someone is overcome with minor ritual impurity after he has sat for a period equal to the tashahhud, [then] he is to perform wudu’ and perform [only] the salutation [of the prayer].
If he:
1. Deliberately acquires minor ritual impurity in these circumstances,
2. Speaks, or
3 Does something which is contrary to the [nature of] the prayer, his
prayer is [still] valid.
If someone who has performed tayammum sees water during his prayer, his prayer is invalid.
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IZ:
Se Se Se eee YS
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If he sees [water] after he has sat [for a period] equal to the tashahhud,
Or he was wiping over his khuffs and the period of his wiping elapses, Or he removes his khuffs with a little action,
Or he was illiterate and learnt a chapter,
Or [he was] naked and found garments,
Or [was praying] with gestures and acquired the ability to bow and prostrate,
Or he remembered that a prayer was due on him prior to this [prayer], Or the Qur’an-reciting imam became ritually impure with a lesser impurity and appointed an illiterate [as imam],
Or the sun rose during the fajr prayer,
Or the time for ‘asr [prayer] has entered during the jumu‘ah [prayer], Or he was wiping over a splint®° and it fell off due to healing [of the wound],
Or she was suffering from chronic menstrual bleeding and became cured,°®
their prayer is invalid according to Abu Hanifah, may Allah have mercy on him. According to Abu Yusuf and Muhammad, may Allah have mercy on
them, their prayer is valid in these cases. 25! gal eles OL DISCHARGE (QADA’) OF MISSED PRAYERS
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Whoever misses a prayer discharges it (qada’) when he remembers it. He advances its [performance] before the prayer of that particular time,°’ unless he fears [that] the prayer of that time will be lost [due to the shortage of time], [in which case] he prioritises [the performance] of the prayer of that time over the missed prayer, and then he discharges [the missed prayer]. Whoever has missed some prayers, arranges them for their discharge (gada’) in the sequence in which they originally became obligatory,°° unless the missed prayers are more than five prayers, in which case the sequential
order is waived.°” Sadi do SG SOB! Cb DISAPPROVED TIMES FOR PRAYER
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Prayer is not permitted:
1. During sunrise,
2. During sunset, other than the ‘asr [prayer] of that day, and 3. During [the sun’s] meridian at midday.
[During these times] one does not pray at a funeral, nor does he perform a prostration of recitation (sajdat at-tilawah).
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It is disapproved for someone to perform supererogatory prayers after the fajr prayer [until] the sun has risen, and after the ‘asr prayer until the sun has set, but there is, however, no harm if someone performs missed prayers, the prostration of recitation or prays at a funeral during these two times and one does not perform the two units of the circumambulation [of the Ka‘bah].
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It is disapproved to perform any more supererogatory prayers after the appearance of the fajr than the two units of the fajr [prayer]. One does not perform supererogatory prayers prior to the maghrib
[prayer].’° Job NAWAFIL — SUPEREROGATORY PRAYERS
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The sunnah in prayer is to pray: 1. Two units or rak‘ahs after the appearance of fajr,”! 2. Four before the zuhr [prayer] and two units after it, 3. Four before the ‘asr [prayer], but if one wants [just] two units, 4. Two units after the maghrib [prayer], and Four before the ‘isha’ [prayer] and four [units] after it, but if one
5. wants [then just] two units.
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dam gil SL JU J5lg LE US fe dak lo Sy Le 05g je d4oly dedar OLS) GE he o| Di alll ae, Ys Dbs abl Lary wee y ergs gel Sby lS Jo dak 3
bdo |y deducts ead) be JL 2 5
With regards to the supererogatory prayers of the day, if one wishes, he may pray two units with one salutation, and if he wishes, [he may pray] four; [any] more than that is disapproved.
With regards to the supererogatory prayers of the night, Abu Hanifah, may Allah have mercy on him, said that if one prays eight units with one Salutation, it is permitted, and more than that is disapproved. Abu Yusuf and Muhammad, may Allah have mercy on them, however, said that one does not exceed two units with one salutation during the night [supererogatory prayers].
The Ruling of Recitation in Supererogatory Prayers
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Recitation is incumbent in the first two units [of obligatory prayers].
In the last two [units], one has a choice:
1. If he wishes, he may recite the Fatihah [alone],
2. If he wishes, he may remain silent, or
3. If he wishes, he may recite the tasbih (glorification) [alone]. Recitation is incumbent in all units of the supererogatory prayers and
[also] in all units of the witr prayer.
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Whoever enters into a supererogatory prayer and then invalidates it performs it again by way of gada’.’* If he prays four units, [in which] he sits at [the end of] the first two and then renders the other two void, he performs two units by way of gada’, but Abu Yusuf, may Allah have mercy on him,
said that he performs [all] four [units] by way of gada’.
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One may perform supererogatory prayers seated, even though he has the ability to stand. If someone begins the prayer standing and then sits down [and thus, continues the prayer], it is valid according to Abu Hanifah, may Allah have mercy on him, but the two of them,’’ may Allah have mercy on them, said that it is not valid without a legitimate excuse.
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prayers on his mount, facing towards whichever direction it faces [and] praying with gestures.
g3l pew OL PROSTRATIONS FOR ERROR
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The prostration of error (sajdat as-sahw) is incumbent in the event of an [undue] excess or a deficiency [in the prayer], and [it is performed] after the Salutation.
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One performs two prostrations [of error], then the tashahhud and then the Salutation. The prostration of error becomes binding upon him when he: Adds an act to his prayer that is similar to [the prayer] but is not a part of it, or 2. Omits an act prescribed by the sunnah, or Omits: i. The recitation of the Fatihah of the Book, or 3; ii. The gunut, or ili. The tashahhud, or iv. The [additional] takbirs of the two ‘Ids, or The imam recites aloud in what he was supposed to recite inaudibly, or 5. Recites silently in what was supposed to be audible.
1.
BLY doef OW agreed! SGU Se og ell sees greed SSA eS! e5b 8 55h cg OB pL! toe The error of the imam obliges the prostration [of error] upon the follower;
if the imam does not prostrate [for error], the follower does not prostrate. If the follower makes an error [in his prayer], the prostration [of error] is not
required of the imam nor of the follower.
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ded y3l alah Sle M OIF lg Agasy pled ole O31
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Oh 9 gga Aeeey Laat aly teeny J) Le Baal LI aay
Ade SIT 9 WS Mo eae y Ayo yd Nes Boy diol Ll 15 du dbes 3S 5 Led ports
Whoever forgets the first sitting (al-qa‘dat al-‘ula) [and stands], then remembers it when he is closer to the sitting posture, returns, sits and performs the tashahhud. If he is closer to the standing posture, then he does not return [to the sitting posture],’* and [at the end of the prayer], performs the prostration of error.
If someone forgets the final sitting and stands up for a fifth [unit], he returns to the sitting posture, as long as he has not performed a prostration [within the fifth unit]. He abandons the fifth [unit] and performs the prostration of error [after the salutation concluding the fourth unit]. Nevertheless, if he has secured the fifth [unit] with a prostration, his obligatory [prayer] is void and his prayer becomes a supererogatory prayer and it is incumbent on him to add a sixth unit.
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If someone sits in the fourth [unit], and then stands and does not perform the salutation believing that [it was] the first sitting, he returns to the sitting posture so long as he has not performed a prostration for the fifth [unit]. He performs the salutation and then performs the prostration of error. If, however, he secures the fifth [unit] with a prostration, he adds another unit to it and his prayer concludes [with that sixth unit]. The two [additional] units
[the fifth and sixth] are supererogatory.
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Whoever has a doubt about his prayer and does not know whether he has prayed three or four [units], and that being the first [incident in prayer] that has occurred to him, begins the prayer again [from the beginning]. If that [uncertainty] occurs to him frequently then he must base [his prayer] on his predominant belief, if he has a [predominant] belief, but if he does not have a [predominant] belief, he bases [his prayer] upon [what he has] certainty [of within the prayer].
va hh Be OL THE PRAYER OF THE SICK
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AR JS ge JST LEVEL a5 Oly poe 13] LaLad Le yo
If standing is impossible for the sick person, he prays seated with bowing (ruku‘) and prostration (sujud). If he is unable to bow and prostrate, then he gestures [to indicate the positions]. He makes the prostration lower than the bowing and does not raise anything towards his face upon which he performs the prostration. If he is unable to sit, then he reclines on his back and points his feet towards the giblah and gestures [indicating] bowing and prostration.
If he lies down on his side with his face towards the giblah making gestures [indicating the postures], it is valid.
If he is unable to make gestures with his head, he postpones his prayer and does not gesture with his eyes, eyebrows nor his heart.
If he is able to stand but unable to bow or prostrate, the standing is not binding upon him and it is permitted [for him] to pray seated whilst gesturing [indicating the postures].
If a healthy person performs a part of his prayer standing, and then is [suddenly] afflicted with an illness, he completes it sitting, and bows and prostrates, or by way of gesturing if he is unable to bow and prostrate, or reclining if he is unable to sit.
Whoever prays [initially] seated, bowing and prostrating, due to an illness, and then recovers [from that illness] completes [the remainder of] his prayer standing, but if he performs a part of his prayer with gestures and then gains the ability to bow and prostrate, he begins the prayer [from the beginning].
When someone who is overcome with unconsciousness for [a period of] five prayers or less recovers, he performs them by way of gada’, but if he misses more than that’? due to unconsciousness, then he does not perform
[any of] them by way of gada’.’®
ET THE PROSTRATIONS OF RECITATION
The Qur’anic Verses (Ayahs) of Prostration
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In the Qur’an, there are fourteen prostrations [of recitation, and they are in the following surahs]:
1.
SS SS SS
PR Re RP eR KR WN FF ©
The end of al-A‘raf,’’ Ar-Ra‘d,’° An-Nahl,””
Bani Isra’il (al-Isra’),°° Maryam,°!
The first [prostration] in al-Hajj,°* Al-Furqan,*”
An-Naml,**
Alif Lam Mim Tanzil,°°
. Sad,°®
. Ha Mim as-Sajdah,°’ . An-Najm,°°
. Al-Inshiqaq,”’ and
. Al-‘Alag.”°
The Ruling on Prostration
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In these places, prostration is incumbent on the reciter and the listener, whether [the listener] intended to listen to the Qur’an or did not intend [to listen].
When the imam recites a verse of prostration [within the prayer], he prostrates for it, and the follower prostrates with him, but if the follower recites [a verse of prostration], the prostration is not binding upon the imam or the follower. If they [the imam and follower] hear [the recitation of] a verse of prostration from a man who is not with them in the prayer, they do not prostrate for it within the prayer but prostrate for it after the prayer. If they do prostrate for it within the prayer, it does not suffice them but neither does it invalidate their prayer.
BSE ge etmen dy dba! (NE Bae AIG eg
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biol 9 Oho 45\ 5>| A>! 9
Whoever recites a verse of prostration outside of the prayer and does not prostrate for it until he entered into prayer and recited it [again], and [this time] he does prostrate [once] for both times, the prostration will suffice him for both recitations. If he recites it outside of the prayer and prostrates for it, and then enters into the prayer and recites it [again], he prostrates for it a second time [because] the first prostration does not suffice him.
One prostration suffices someone who repeats the recitation of one [particular verse of] prostration in one session.
dual y ae ry wo howe g Ay er Bg WS dgredl oll yey ere Vp ade Ages Vy
Whoever wants [to perform] the prostration [of recitation] pronounces the takbir without raising his hands [to his earlobes], and prostrates. He then says the takbir and raise his head [from prostration]. There is neither tashahhud
nor salutation [required] from him.
_plull dso Ob THE PRAYER OF THE TRAVELLER
Shortening (Qasr) the Prayer
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The journey because of which legal commands change is when one intends [to travel to] a place between him and which there is a distance of three days travel, traversing by camel or walking on foot, but travelling on water”! is not to be taken into account for that.
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Agdell lade Asli 3 103 wby Le yl be Ob Lede dab ji 4
A lg ABE Dd OL BN) CAWSs 4.545 ge OAT ailjol Spo Clb Sel yeaS NS ages jlade ASU 3 sad,
According to us, the obligation on the traveller is two units for every prayer of four’? units,’’? and any addition to those two [units] is not permissible for him.** If one does pray four [units] and sits in the second for the extent of the tashahhud, then the [first] two units suffice him for his obligatory [units], and the other two are supererogatory for him, but if he does not sit in the second for the extent of the tashahhud in the first two units, then his prayer is void.
Beginning the Shortening
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Whoever sets out as a traveller performs two units [of prayer] when he has passed the houses [at the fringes] of the city, and he remains under the legal ruling of a traveller until he intends [to take up] residence in a city for fifteen days or more, in which case the completion [of the full prayer] becomes binding upon him, but if he intends [to take up] residence for less than that, he does not complete [the prayer of four units but perform two].
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Whoever enters a city not intending to stay there for fifteen days [or more], saying, “I shall leave tomorrow,” or “I shall leave [the day] after tomorrow,” even if he remains there for many years [still] prays two units [shortened].
When an army enters dar al-harb (hostile territory) and it intends [to take up| residence [there] for fifteen days [or more], it does not complete the [full] prayer.?°
When the traveller enters into the prayer of a resident [imam] with time
still remaining, he completes the [full] prayer,’ but if he enters with him into a missed prayer, his prayer is not valid behind him.
When the traveller leads a group of residents in prayer, he prays two units and performs the salutation. Then, the residents complete their prayer [individually]. It is recommended when [the traveller] has performed the salutation, that he say to them, “Complete your prayers for we are a group of travellers.”
When a traveller enters his [own] city, he completes the [full] prayer, even if he has not intended [to take up] residence in it.
Whoever has a homeland then migrates from it and adopts another homeland, then later travels and enters his former homeland, does not complete the prayer’’ [but shortens it].
When a traveller intends to reside in Makkah and Mina for fifteen days [or more], he does not complete the prayer”® [but shortens it].
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The combination of two prayers for the traveller is permitted practically but not permitted as [far as] time [is concerned].””
Prayer is permitted in the sitting position on a boat in all circumstances, according to Abu Hanifah, may Allah have mercy on him, but according to the two of them,!°? may Allah have mercy on them, it is not permitted [in the sitting position] except with a [valid] excuse.
Whoever misses a [four-unit] prayer during a journey, performs it by way of gada’ as two units when resident, but if he misses a [four-unit] prayer while resident, he performs it by way of gadd@’ during travel as four units./?!
The disobedient and the obedient are [treated] the same with regards to the concession during a journey.
dact| Be Ol THE JUMU‘AH (FRIDAY) PRAYER
The Preconditions for the Validity of the Jumu‘ah Prayer
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The Jumu‘ah [prayer] is not valid except in a comprehensive city (misr jami‘),'°* or at a [specified] place of prayer within the city, but it is not permitted in villages.
Establishment of the Jumu‘ah prayer is not permitted except by the Sultan,'°° or by someone whom the Sultan has appointed.
Its Preconditions
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One of its preconditions is the time; it is valid [only] at the time of the
zuhr [prayer] and it is not valid after it.!°
One of its conditions is the address (khutbah) before the [obligatory] prayer [is held]. The imam delivers two addresses, separating them by one sitting. He delivers the addresses standing in [the state of] purity. If [the imam] confines himself to the remembrance of Allah, it is permitted, according to Abii Hanifah, may Allah have mercy on him, but they!” said, may Allah have mercy on them, that it must be a lengthy remembrance that may be classified as an address. If he delivers the address whilst seated or in [the state of] impurity, it is valid but disapproved.
One of its conditions is the congregation; according to Abu Hanifah and Muhammad, may Allah have mercy on them, the minimum is three [persons] besides the imam, but Abu Yusuf, may Allah have mercy on him, said that it is two [persons] besides the imam.!°°
The imam is to be audible in his recitation in both rak‘ahs, and the recitation of a specified chapter in them is not [a requirement].
Those on whom the Jumu‘ah Prayer is not Obligatory
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The Jumu‘ah [prayer] is not obligatory for: A traveller,
A woman,
An ill person,
A minor,
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A slave, or 6. A blind person.
If they do attend and pray with the people, it suffices them for the obligatory [prayer] of the time.!°”
It is permissible for a slave, a traveller or an ill person to lead the Friday [prayer as imam].
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Whoever performs the zuhr [prayer] in his house on a Friday before the imam’s prayer [of Jumu‘ah], without [valid] excuse, that is disapproved for him, but his prayer is permitted. Then if he decides to attend the Jumu‘ah [prayer after his performance of the zuhr prayer] and proceeds towards it, the zuhr prayer becomes invalid [for him], according to Abu Hanifah, may Allah have mercy on him, by [his] making an effort to go to the Jumu‘ah prayer, but Abu Yusuf and Muhammad, may Allah have mercy on them, said that it is not void until he enters [the Jumu ‘ah prayer] with the imam.
It is disapproved for the [legally] excused person to perform the zuhr [prayer] in congregation on a Friday, as is the case for prisoners.
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Whoever catches the imam!°° on a Friday prays with him whatever he catches, and prays the Jumu‘ah on that basis.!°"
If he catches him in the tashahhud, or in the prostration of error (sujud as- sahw), he is to pray the Friday [prayer] on that basis, according to Abu Hanifah and Abu Yusuf, may Allah have mercy on them. Muhammad, may
Allah have mercy on him, said, “If he catches most of the second unit with him, he prays the Jumu‘ah [prayer] on that basis, but if he catches less than that with him, he prays the zuhr [prayer] on that basis.”!!°
The Khutbah — Address
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When the imam comes out [for the Friday prayer], the people abstain from praying and talking until he completes his address. The two of them,'!! may Allah have mercy on them, said, “There is no harm if they talk so long as he has not commenced the address.”
When the mu’adhdhin calls the first adhan on a Friday, the people stop selling and buying and they proceed towards the Jumu ‘ah [prayer].
When the imam ascends the minbar, he sits [on it] and the mu’adhdhins call the adhan in front of the minbar. Then the imam delivers the address. When he completes his address, they establish the prayer.
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THE PRAYER OF THE TWO ‘IDS
Recommended Acts of ‘Id al-Fitr
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It is recommended for the individual to eat something prior to setting forth towards the place of prayer on the day of [‘Id] al-Fitr, take a ghusl, perfume himself, dress [in] his best clothes and head towards the place of prayer (musalla).''* He does not say the takbir''? on the way to the place of prayer, according to Abu Hanifah, may Allah have mercy on him, but according to the two of them,!!* may Allah have mercy on them, he does say the takbir.
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He does not perform supererogatory prayers at the musalld prior to the ‘Id prayer.
When prayer becomes lawful with the ascent of the sun, its time has entered, [and it lasts] up until the declination [of the sun] (zawal)'' from the meridian. When the sun declines, its time is over.
The ‘Id Prayer Procedure
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The imam prays two units with the people; in the first [unit] he
pronounces the consecratory takbir, then three [takbirs] after that. After that, he recites the Fatihah of the Book and a surah with it. He then says the takbir with which he bows. Then, in the second unit, he begins with the recitation [of the Fatihah]. When he has completed the recitation [with the additional chapter after the Fatihah], he says three takbirs and [then] says a fourth takbir with which he bows.
He raises his hands [to his ears] in [all of] the takbirs of both the ‘Id [prayers].
Thereafter, [the imam] delivers two addresses after the prayer in which he teaches the people [regarding] the sadagat al-fitr (the mandatory charity of the fitr) and its rules.
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Whoever misses the ‘Jd prayer with the imam, is not to perform it by way of gada’.
If the crescent moon is obscured for people and they testify to the sighting of the crescent in the presence of the imam after the declination [of the sun from the meridian], they pray [the ‘Id prayer] the following day, but if a [valid] excuse occurs that hinders people from praying the second day, [the imam] does not perform it after that.
Recommended Acts of ‘Id al-Adha
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On the day of [the ‘Id of] Adhd, it is recommended that one take a ghusl, wear perfume, delay eating until one has finished the prayer and head towards the place of prayer saying the takbir.
One performs the [‘Id of] Adhd [prayer in] two rak‘ahs, like the [‘Id of] Fitr prayer.
[The imam] delivers two addresses after [the prayer], teaching people the sacrifice (udhiyah) and the takbirs of tashriq''® in them.
If there occurs a [valid] excuse that hinders people from praying on the day [of ‘Id of] Adhd, they pray it the following day or the day after that, but they do not pray it after that.
The Takbir at-Tashrig
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As to the takbir at-tashriq, the first of it follows the fajr prayer on the Day of ‘Arafah and the last of it follows the ‘asr prayer on the Day of Sacrifice (nahr), according to Abu Hanifah, may Allah have mercy on him. Abu Yusuf and Muhammad, may Allah have mercy on them, however, said that [it lasts] till the ‘asr prayer of the final day of the tashriq.
The takbir follows [immediately after] the obligatory prayers. [It is to say]: “Allahu akbar, Allahu akbar, Ia ilaha illa’llahu wa’llahu akbar, Allahu akbar, wa li’llahi’l-hamd — Allah is greater, Allah is greater, there is no god but Allah, Allah is greater, Allah is greater, and to Allah is all praise.”
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PRAYER DURING THE SOLAR ECLIPSE (KUSUF)
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When the sun is eclipsed (kusuf), the imam prays two rak‘ahs with the people, like the form of the supererogatory [prayers]. There is [only] one bowing [position] in each rak‘ah. The imam lengthens the recitation in both [of the rak‘ahs| and he makes [the recitation] inaudible, according to Abu Hanifah, may Allah have mercy on him, but Abu Yusuf and Muhammad, may Allah have mercy on them, said that he recites aloud. Afterwards, he makes a supplication until the sun appears again.
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The imam who performs the Jumu‘ah prayer with them prays with the people, and if the imam is not present, the people pray it individually.
There is no congregation for the lunar eclipse (khusuf), and everyone prays on their own.
There is no address (khutbah) for the eclipse prayer.
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Abu Hanifah, may Allah have mercy on him, said, “For seeking rain (istisqa’), there is no prayer in congregation according to the Sunnah; and if people pray individually it is valid. Istisqa’ is only supplication and seeking forgiveness.”
Abu Yusuf and Muhammad, may Allah have mercy on them, said, “The imam prays two units in which he makes the recitation audible. Then, he delivers an address and faces the giblah when supplicating. The imam turns his cloak inside out, but the people do not turn their cloaks inside out.”
The people of the dhimmah'"’ do not attend the [prayer for] seeking rain.
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THE (NIGHT) PRAYER DURING THE MONTH OF RAMADAN
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It is recommended!!® for people to congregate in the month of Ramadan, after the ‘isha’ [prayer].
The Tarawih Prayer
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Their imam prays five tarwihahs''? with them, in each tarwihah there are
two salutations. He sits between every two tarwihahs to the extent of one tarwthah.'*° Then, he performs the witr prayer with them.'*! The witr prayer is not to be performed in congregation outside the month of Ramadan.
3 3 Seo OL THE PRAYER IN THE STATE OF FEAR
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If [the imam] is resident, then he performs two units with the first group and two units with the second [group].
For the maghrib [prayer], he prays two units with the first group and one unit with the second [group].
They do not engage in combat whilst in the state of prayer; if they do that, their prayer is void.
If the fear is extremely intense, they pray individually whilst mounted, making gestures for the bowing and prostration, facing whichever direction they wish if they are unable to face the giblah [throughout the prayer].
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When a person is close to death, he is faced towards the giblah on his
right side and encouraged [to pronounce] the two shahddahs.'*° When he dies, they tie his jaws and close his eyes.
Bathing the Corpse
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When they decide to bathe him, they place him on a dais and place a piece of cloth over his private parts (‘awrah) and remove his clothes. They perform wudu’ on him, but do not rinse his mouth nor rinse his nose. Then, they pour water over him. His dais has incense burned under it an odd number of times. The water [for ghusl] is boiled with lotus or with saltwort, and if not available, then pure water [suffices]. His head and beard are washed with althaea.!*?
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Then, he is made to lie on his left side and bathed with water and lotus until it is seen that the water has reached to what is adjacent to the tablet.!*° After that, he shall be made to lie on his right side and bathed with water until it is seen that the water has reached to what is adjacent to the tablet. Then, [the person bathing the body] causes him to sit, supports him against himself and gently rubs his stomach, and if anything emerges from him, washes it. He does not repeat the ghusl [of the deceased].
Then, he dries him with a cloth and places him in his shrouds. He applies balm to his head and beard, and camphor to the parts used in prostration.!?!
The Shroud
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Of the Male It is sunnah for a man to be shrouded in three cloths: 1. A wrapper for the lower half of the body (izar),'° 2. Shirt (gamis), and 3. Wrapper (lifafah). If they confine themselves to two cloths, it is vali When they decide to wrap the wrapper around him, they begin from the left side and cast it over him, then with the right side. If they are afraid that the shroud will unwrap [and fall] off him, they tie it.
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Of the Female The woman is enshrouded in five cloths:
A wrapper for the lower half of the body (izar),
Shirt (gamis),
Veil (khimar),
A scrap (khirgah) — with which her breasts are tied,'’* and 5. A wrapper (lifafah). If they confine themselves to three cloths, it is vali The veil is over the shirt but under the wrapper, and her hair is placed
upon her chest.
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The hair of the deceased is not combed nor his beard. His nails are not trimmed nor his hair. The shrouds are subjected to incense an odd number of times before the body is placed in them. Once they have completed that, they pray over him.
The Funeral Prayer
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The one with the most right to lead the prayer over him is the Sultan, if he is present. If he is not present, then it is recommended to give priority to the imam of the locality, then the wali (legally responsible guardian). If someone other than the wali or the Sultan pray over him, the wali repeats [the prayer]. If the wali prays over him, then no-one is permitted to pray over him after that.!?° If he is buried and he has not yet been prayed over, his grave may be prayed over for [up to] three days, and it is not prayed [over] after that.!°’
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The [funeral] prayer is [as follows]: 1. One says the takbir, praising Allah % after it, then
One says the [second] takbir and sends blessings on the Prophet # " thereafter
He says the third takbir and supplicates in it for himself, the deceased and the Muslims, and then
4. One says a fourth takbir and says the salutation.
One is not to raise his hands [to his ears] except in the first takbir. The deceased is not prayed over in a congregational masjid.
Carrying the Bier
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When they [i.e. the pallbearers] carry him on his dais, they hold it by its four posts. They walk with it briskly, but less than trotting. It is disapproved for the people, when they reach his grave, to sit before he is lowered down
from the necks of the men.!°”
140
His grave is dug and a lateral niche (lahd) is made’ and the deceased is
entered from that [side] which is adjacent to the giblah.
The Burial
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When he is placed in his niche, the one placing him is to say, “bismi’Ilahi wa ‘alamillatirasuli’llahi — In the name of Allah, and according to the religion of the Messenger of Allah.” He is [also] to face him towards the giblah and to loosen the knot [of his wrapper]. Mud bricks are placed over
the niche; [the placing of] baked bricks and wood [over the niche] is disapproved, but there is no harm in [using] cane. Thereafter, earth is cast onto [the grave] and the grave is made hump-like and not flattened. '*!
The Stillborn
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After birth, whoever cries, is named, given a ghusl and prayed over,'** but if it does not cry, it is [mot named, given a ghusl nor prayed over, but] is wrapped in a cloth and buried.
dngedl Ob THE SHAHID — MARTYR!”
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The shahid (martyr) is someone:
1. Who was killed by polytheists,!** or
2. Was found [dead] at the battle with marks of wounding on him, or 3. The Muslims killed him unjustly but diyah is not due for his killing. He is placed in a shroud and prayed over, but not given a ghusl.
When a junub is killed [as shahid], he is given a ghusl, according to Abu Hanifah, may Allah have mercy on him, as is the minor, but Abu Yusuf and
Muhammad, may Allah have mercy on them, said, “They are not given a ghusl.”
The blood of a shahid is not washed off him, nor are his clothes removed, but his leather jacket, furs, boots and weapons are removed.
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Whoever remains alive (irtithath) is to be given a ghusl. Remaining alive (irtithath) is that one:
Eats, or
Drinks, or
Is treated, or
Remains alive until the time of one prayer passes over him and whilst he is conscious, or
He is transferred, while alive, from the battlefeld.
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Whoever is killed due to a hadd (divine statutory) punishment, or gisds (legally supervised retaliation), is given a ghus! and prayed over, but those rebels or brigands killed are not prayed over.
ASS! 3 dda) OL PRAYER INSIDE THE KA‘BAH
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Prayer inside the Ka‘bah is valid, the obligatory and the supererogatory. If the imam prays inside it with a congregation and some of them turn their
backs to the imam’s back, it is valid, but if any of them turns his face towards the face of the imam, it is valid, but disapproved, but if any of them turns his back to the face of the imam, his prayer is invalid.
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BIS SI OLS ZAKAH —- OBLIGATORY POOR-DUE
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Zakah is obligatory on the free Muslim [who is] adult and sane when he owns the complete minimum amount (nisab), with complete ownership'*® and a [lunar] year passes over it. There is no zakah on a minor, an insane person or a mukatab.'*”
Whoever owes a debt that encompasses his wealth, then there is no zakah [due] from him, but if his wealth is more than the debt, zakah is paid upon the excess if it reaches the nisab.
There is no zakah on residential houses, clothes for the body, household goods, riding animals, slaves for [personal] service [not for trade] and weapons for use [not for trade].
Payment of zakah is not valid without an associated intention to pay, or associated [intention] for the disposal of the obligation of the amount [of the zakah}.
Whoever gives away all his wealth as sadagah (optional charity) and does not intend zakah, his obligation [of the payment of zakah] lapses.
LN ISG OL ZAKAH ON CAMELS (IBIL)
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There is no sadaqah'*® [due] on less than a group!” of five camels. When
they amount to five free-grazing, and a year passes over them, there is one sheep or goat)? due [in zakah] for them; [that is] up to nine [camels]. When they become ten, there are two sheep or goats due [in zakah] for them, and that is up to fourteen [camels]. When they become fifteen [camels], there are three sheep or goats [zakah] in them, up till nineteen. When they become twenty, there are four sheep or goats due [in zakah] for them, up till twenty- four.
When they reach twenty-five [camels], there is one bint makhad'! due [in zakah| for them, up till thirty-five. When they reach thirty-six [camels], there is one bint labun'?* due [in zakah] for them, up till forty-five. When they reach forty-six [camels], there is one higqah'*’ due [in zaka@h] for them, till sixty. When they reach sixty-one [camels], there is one jadha‘ah'** due [in zakah| for them, up till seventy-five.
When they reach seventy-six [camels], there are two bint labuns due [in zakah| for them, up till ninety. When they become ninety-one [camels], there are two higgahs due [in zakah]| for them, up till one hundred and twenty [camels].
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Thereafter, the obligation recommences; thus, for five [camels over one hundred and twenty], there is one sheep or goat with the two hiqqahs. For ten [camels over one hundred and twenty], there are two sheep or goats [with the two higqgahs]. For fifteen [camels over one hundred and twenty], there are three sheep or goats [with the two higqahs]. For twenty [camels over one hundred and twenty], there are four sheep or goats [with the two hiqqahs].
For twenty-five [camels over one hundred and twenty], there is one bint makhad [with the two higgahs], up to one hundred and fifty in which there are three higqahs [due in zakah].
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Thereafter, the obligation recommences; thus, for five [camels over one hundred and fifty], there is one sheep or goat [with the three higgahs]. For ten, there are two sheep or goats. For fifteen, there are three sheep or goats. For twenty, there are four sheep or goats.
For twenty-five [camels over one hundred and fifty], there is one bint makhad [with the three hiqqahs]. For thirty-six [camels over one hundred and fifty], there is one bint labun [with the three hiqqahs].
When they reach [the number] one hundred and ninety-six, then in them there are four higqahs, up until two hundred [camels].
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The mixed breed (bukht) and the Arabian breed (‘irab) are [deemed to be] the same.
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There is no zakah on less than thirty cows. When there are thirty, free- grazing [cows] and a year passes over them, there is due a one-year old male calf (tabr‘) or a one-year old female calf (tabi‘ah) [as zakah] in them, and in forty [cows], it is a two-year old male calf (musinn) or a two-year old female calf (musinnah).
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When they exceed forty [cows] up to sixty, it becomes obligatory [to pay zakah| on the excess accordingly, according to Abu Hanifah, may Allah have mercy on him. Thus, in one [cow over forty cows], it is a quarter of a tenth!°” of a two-year old female calf, in two [cows over forty cows], it is one half of a tenth'?® of a two-year old female calf and in three, it is three-quarters of a tenth!” of a two-year old female calf.
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Abu Yusuf and Muhammad, may Allah have mercy on them, however, said that there is nothing [to pay] for the excess [over forty cows] until they reach sixty. Thus, there are two one-year old male calves or two one-year old female calves [in sixty cows]. In seventy [cows], there is a two-year old female calf and a one-year old male calf. For eighty [cows], there are two two-year old male calves. For ninety [cows], there are three one-year old female calves and in one hundred [cows], there are two one-year old female calves and one two-year old female calf.
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It is on this [scale that] the obligation [of zakah]| changes in every ten
[cows] from a year old male calf to a two-year old female calf [and vice versa]. 1°
Buffaloes and cows are the same [in this regard].
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There is no zakah due on less than forty sheep or goats, and when there are forty free-grazing [sheep or goats] and a year passes over them, there is one sheep or goat due from them, up until one hundred and twenty.
When one [sheep or goat] increases [over one hundred and twenty], then there are two sheep or goats [due as zakah] from them, up until two hundred. When one [sheep or goat] increases [over two hundred], then there are three sheep or goats [due as zakah] from them. When they reach four hundred [sheep or goats], then there are four sheep or goats [due as zakah] from them.
Thereafter, in every [additional] one hundred [sheep or goats over four hundred], there is a sheep or goat [added to the payment of zakah].'°*
Sheep and goats are [to be deemed] the same [in this regard].
HH lS 5 Ob ZAKAH ON HORSES (KHAYL)
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When horses are free-grazing, male (stallions) and female (mares), and one year passes over them, then their owner has a choice:
1. If he wants, he may give one dinar for every horse [as zakah], or
If he wishes, he may value them and pay five dirhams for every two ‘ hundred dirhams [of the total value].!°°
According to Abu Hanifah, may Allah have mercy on him, there is no zakah on the males of them alone,'®* but Abii Yisuf and Muhammad, may Allah have mercy on them, said that there is no zakah on horses.
There is nothing [payable as zakah] on mules and donkeys unless they are for trade.
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According to Abu Hanifah and Muhammad, may Allah have mercy on them, there is no zakah on young camels, young sheep and young cattle, unless there are older ones with them, but Abu Yusuf, may Allah have mercy on him, said that it is obligatory [to give] one of those [young].
Upon whomsoever a two-year old male calf is obligatory and it is not available, the sadagah-official is to take a superior [animal] than that and return the excess!®° [to the owner], or he may take an inferior [animal than that] and take the excess.
It is permitted to pay the value in zakah.'°°
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The sadaqah-official!®’ is not to take the best of the wealth [of animals]
nor the worst of it; he is to take the average [animals].
Whoever possesses the nisab [of animals] and derives benefit from the Same species throughout the year, is to add it to his wealth [of animals] and pay zakah on it [all].
The sa’imah is that [animal] which is sufficed by grazing most of the year. When one stall-feeds it for half the year or more, there is no zakah on it.'°°
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obligatory on them both.
If zakah is paid in advance before the year [has passed], and one is the owner of the nisab, then it is valid.
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There is no zakah on whatever is less than two hundred dirhams [of silver].1©9
When there are two hundred dirhams [of silver] and a year passes over them, then for that there are five dirhams!’° [zakah], and there is nothing [to pay] on the excess until it reaches forty dirhams, when, there is one dirham for it.
Thereafter, there is one dirham [to pay as zakah] in every forty dirhams, according to Abu Hanifah, may Allah have mercy on him, but Abu Yusuf and Muhammad, may Allah have mercy on them, said that whatever goes over two hundred [dirhams], its zakah [is calculated] according to its rate.!”!
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If the predominant portion of the coin is silver, then it shall be [dealt with] under the ruling of silver, but if the predominant portion is alloy, then it shall be [dealt with] under the ruling of commodities (‘urud).
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There is no zakah on what is less than twenty mithqdls!’* of gold, but if it is [a minimum of] twenty mithqals, and one year passes over it, there is one- half of a mithgal [zakah] due on i
Thereafter, in every four mithqdls [over twenty], two carats'’* [are due as zak@h].'’°
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According to Abu Hanifah, may Allah have mercy on him, there is no zakah due on what is less than four mithgdls,'’° but they,!’’ may Allah have mercy on them, said that whatever exceeds twenty [mithgqals], its zakah [is calculated] according to its rate.'”°
Zakah is due on nuggets of gold and silver, on their jewellery and utensils [manufactured] from them.
29 A155 Ob ZAKAH ON STOCK (‘URUD)
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destitute.
Abu Yusuf, may Allah have mercy on him, said that one should evaluate it with what one purchased it; if he purchased it with something other than money, it should be evaluated in the predominant currency in the city, but
Muhammad, may Allah have mercy on him, said that [it should be evaluated] in the predominant currency in the city under all circumstances.
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When the nisab is complete at both ends of the year,!”’ its falling below
[the nisab] in between that does not cause [the obligation of] zakah to lapse. 1°
The value of the stock is to be added to the value of gold and silver, and likewise, gold is to be added to silver, with [regards to] value until the nisab is complete, according to Abu Hanifah, may Allah have mercy on him, but they'®! said, may Allah have mercy on them, that gold is not to be added to the silver in value, but [that] it is to be added in portions.!°
Dey & oy SSIS 5 Ob ZAKAH ON CROPS (ZURU®) AND FRUITS (THIMAR)
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Abu Hanifah, may Allah have mercy on him, said that a tenth (‘ushr) is due on'®’ whatever the land yields whether little or much, irrespective of whether it was irrigated by flowing water!** or the sky watered it,!°° firewood, bamboo and grass.'°°
Abu Yusuf and Muhammad, may Allah have mercy on them, said that ‘ushr is not obligatory except for that which has lasting fruit, [and that is] when it reaches five awsuq.
One wasq!”’ is sixty sa‘s,‘°° according to the sda‘ of the Prophet «.
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According to [Abu Yusuf and Muhammad], may Allah have mercy on them, there is no ‘ushr on vegetables.
There is half of a tenth (‘ushr),'°’ according to both verdicts,'’° on that which is watered with large buckets, a water-wheel or a water-drawing camel.
Abu Hanifah, may Allah have mercy on him, said that of those that are not measured by the wasq, like saffron and cotton, the tenth (‘ushr) becomes obligatory when its value reaches the value of five awsuq, according to the cheapest [crop] that is [evaluated] under the wasg [method of measurement]. Muhammad, may Allah have mercy on him, said that a tenth becomes obligatory when the produce reaches five units of the highest [unit] that is used to determine its category. Therefore, for cotton, he took five loads!”! [as the standard] and for saffron, [he standardised on] five maunds (mann).'°*
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From honey, be it little or much,!’° a tenth is due when it is acquired from
land that is [also] subject to ‘ushr. Abu Yusuf, may Allah have mercy on him,
said that there is nothing [due] on it until it amounts to ten azqdq,'”* but
Muhammad, may Allah have mercy on him, said [that there is nothing due
from it until it amounts to] five afrag. One farag is thirty-six [Iraqi] ritls. There is no tenth due from the produce of kharaj'”? land.
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THOSE TO WHOM IT IS PERMITTED TO PAY ZAKAH AND THOSE TO WHOM IT IS NOT
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“Zakah is for: the poor, the destitute, those who collect it, reconciling people’s hearts, freeing slaves, those in debt, spending in the Way of Allah, and travellers. It is a legal obligation from Allah. Allah is All- Knowing, All-Wise.”
(At-Tawbah 9:60)
These are eight categories, and of them, “al-mu’allafati qulubu-hum — those whose hearts are to be reconciled” has lapsed because Allah # has honoured Islam and freed [it of need] of them. [The remainder of the seven categories are: |
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2. The destitute person (miskin) is someone who has nothing at all.
The one who administers zakah (‘amil) is [someone] whom the Imam!“
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. pays when he carries out work [in the administration, collection and due disposal of zakah] according to how much work he has done.
4 Slaves (fi’r-rigab) are the mukatab [slaves]'’’ who are to be assisted in
' securing release from their bondage [of slavery].
. The one in debt (gharim) is someone who is obligated with a debt.
In the way of Allah (ft sabili’IIah) is someone who is prevented [by ‘ poverty] from struggling in the cause of Allah.
7 The wayfarer (ibn as-sabil) is someone who has wealth in his own land ‘ but he himself is currently in another place in which he has nothing.
These are the avenues of zakah. The owner may pay to all of them, or he may limit [the payment] to only one category.
Those Not Entitled
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1. It is not permitted [for anyone] to pay zakah to a dhimmi, 2. Nor should a masjid (mosque) be built with it, 3. Nor a deceased person be shrouded with it, 4. Nor a slave bought to be set free, 5. Nor should it be payed to a wealthy person. The one paying zakah (muzakki) is not to pay it to: 6. His [own] father, grandfather, however high, 7. His lown] son, grandson, however low, 8. His mother, grandmothers, however high, and nor to 9. His [own] wife. The wife is not to pay it to her husband, according to Abu Hanifah, ma
10. Allah have mercy on him, but they,'’? may Allah have mercy on them, Said that she may pay [it] to him.
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One does not pay it to:
1. His own mukatab [slave],
2. Nor his slave [in his ownership],
3. Nor the slave owned by a wealthy person,
4. Nor the son of a wealthy person if he is a minor.
One does not pay it to Banu Hashim and they are: 1. The family of ‘All,
2. The family of ‘Abbas,
3. The family of Ja‘far,
4. The family of ‘Aqil,
5. The family of Harith ibn ‘Abd al-Muttalib,
6. Nor their freed slaves.
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Abu Hanifah, may Allah have mercy on him, said that if one pays the zakah to a person believing him to be a poor person, and then it becomes clear to him that he is wealthy, or [pays it to] a hashimi, or a disbeliever (kafr), or he gives it to a poor person in the dark and then it becomes clear to him that it is his [own] father or son, there is no [obligation] upon him to pay again, but Abu Yusuf, may Allah have mercy on him, said that repayment is [incumbent] upon him.
If one paid it to a person and then realised that he was his [own] slave, or his own mukatab [slave], such payment is not valid according to their verdicts, all of them.!””
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The payment of zakah is not permitted to someone who owns nisab in any
[form of] property whatsoever, but such payment is permitted to be made to
Someone who owns less than that, even though he may be healthy and earning [an income].
The transference of zakah from one land*”” to another land is disapproved
and the zakah of each group is to be distributed within them,7"! unless one
needs to transfer it to his [deserving] relatives or to a group who are needier of it than those of his own land.
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The sadagat al-fitr (or fitrah) is incumbent upon every free Muslim, when he is the owner of the amount of the nisab over and above his residence, his clothes, his assets, his horses, his weapons and his slaves kept for personal service [not for sale].7°7
He pays it on behalf of himself, his minor children and his slaves who are kept for service, but he is not to pay it on behalf of his wife nor on behalf of his adult children, even though they may be among his dependents.
He is not to pay it on behalf of his mukatab [slave], his slaves kept for
trade or the slave shared between two partners and there is no [obligation of paying] fitrah on either of the two [partners]. The Muslim pays fitrah on behalf of his non-Muslim slave.
The Amount of Fitrah
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The [amount of] fitrah is one-half sa‘ of wheat, or one [full] sa‘ of dates, raisins or barley.
The sa‘, according to Abu Hanitfah and Muhammad, may Allah have mercy on them, is eight Iraqi ritls, but Abu Yusuf, may Allah have mercy on him, said, “[One sd‘ is equal to] five ritls plus one-third of a ritl (5.33 ritls).”
The obligation of fitrah is connected to the rising of the second dawn?” on the Day of Fitr.
Whoever dies before that, [the payment of] his fitrah is not obligatory [upon him], and whoever becomes Muslim or is born after the dawning of the fajr, his fitrah is not obligatory.
It is recommended for people to pay out the fitrah on the day of fitr, before proceeding to the place of [‘Id] prayer, but if they have [paid] it in advance before the Day of Fitr it is valid, and if they delay it till [after] the Day of Fitr, its obligation does not lapse and its payment is [still] obligatory upon them.
SAWM — FASTING
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Fasting (sawm) is of two types:
1. Obligatory and
2. Supererogatory.
The obligatory [type of fast] is of two types: Of it is [that] which is connected to specific time, like the fasting of Ramadan and of specific vows (nadhr). Its fast is permitted with an
. intention formed during the night, and if one does not make the intentio1 until the morning, the intention [made] between that [time] and the declination of the sun [from its meridian] is sufficient for him, and
|
AN Sg Glizey Lead oN Gos be: GUI, DB ye HAS 9 Salle A VW dee 5 9 BOLLS; Sty SW SS Aw 59H lS Jarl The second type [of fast] is [that] which becomes necessary to fulfil, lik the gada’ of Ramadan, the unrestricted vow and [fasting for] expiations
* (kaffarat). The fasting of this [type], and likewise, the fast for zihar,~°* i not permitted except with an intention [formed] during the night.
As to supererogatory [fasts], all of them are permitted with an intention [formed] prior to the declining [of the sun].
Ramadan Moonsighting
oe pally auld esd! SIMA! Lgnath ot Ht a » ep GSE Satie | gla gale 95) pl geboosl SBolas olay! Jets 3 Sls ple odey Gliaey Soe ch 329 dlyale « 3 Sra sol S dole eleyl Jb ale eld 3 OIE 13] 9 ads BGK J OB Mae a! IT Lm all gl UIT Mey IMAI A 5, dpe lal ads 6S ar olp so sales [si J dle oll oy t WSU pull g lh Ge 5 p peal Sos
It is incumbent upon people to seek the [new] crescent on the twenty-ninth day of Sha‘ban.*”° If they see it, then they fast [the following day], but if it is concealed from them, they complete the period of Sha‘ban as thirty days. Then they fast [Ramadan].°°°
Whoever sees the crescent of Ramadan by himself, is to begin fasting, even if the Imam?’ does not accept his testimony.
If there is an obstruction in the sky, the Imam accepts the testimony of a single honest person for the sighting of the crescent [moon of Ramadan], be that person a Man or a woman, freeman or slave, but if there is no obstruction in the sky, the testimony is not accepted unless a large group [of people] sees it,-°? upon the reporting of which [definite] knowledge can be based.*°”
The timing of the fast is from the instance of the dawning of the second fajr until the setting of the sun.
Ad ae ble pLtlg ols JS pe SasYl: gr epally
The Meaning of Fasting Fasting is: 1. Abstinence from: 1. Eating, ii. Drinking, and ili. Sexual intercourse, 2. During the day, 3. With intention.
Ole «jee J LOG pole ol Od ol ailell ITI Obs
C = + : * 3 email =! ~ Nae! e
SOS gh poco! ol aol sh J 3G ail yet D1 ol ob yaw J 3 9)
Miscellaneous Issues Pertaining to Fasting
If the person who is fasting (sd’im) eats, drinks or has sexual intercourse out of forgetfulness, he has not broken his fast. [Similarly] if he sleeps and has a seminal discharge,~!? looks at a woman and ejaculates, applies oil [to his body], undergoes cupping, applies kohl, or kisses [a woman], he has not broken his fast.
PLY g cade BUS Vg Ledll adad jab gl dd JT ob sk, DOS 9 and de gal 15] LDL
If he ejaculates because of kissing or touching, then he is obligated to do gada’, but is not obligated to expiate it. There is no harm in kissing if one is in control of oneself, and it is disapproved [to kiss] if not in control of oneself.
Adad dod Wo luole clitul Ole phe Je al acy Oly 9239 hil 8 3h gl od gl dled alia! (yey Lal
If vomiting overwhelms him,*!! his fast is not broken, but if he deliberately induces vomit such as fills his mouth, then gada’ is [due] upon him.
Whoever swallows a pebble, a [piece of] metal or a pit,*!* has broken his fast and makes up [the fast by way of] gada’.
Ay GAR Le Go gl JST gh ed tol B lrcle pole yey SLES 9 cL aadl adlad ag glan ol
Whoever deliberately: 1. Has sexual intercourse in either of the two passages, or Eats or drinks that by which nourishment is acquired or by which his ‘ medical requirement is achieved,
is obligated to [make up the fast by] gadda’ as well as expiate it.
JI BUS fhe: BUS,
The expiation [of fasts] is like the expiation of zihar.*'°
Ade BUT Vo Lad! adad Jl Earl O92 bed ale Oy Whoever has sexual intercourse in other than the vaginal passage (farj),7!* and ejaculates, then gadd’ is due upon him but no expiation is due upon him.
BS SLaey pe 3 epall Lb! 3 pads There is no expiation for violating a fast outside of [the fast] of Ramadan. Hal gl dale Golo gl a3) & Le) gi Lament ol atm l oe
sail ab Leo gh adg> MI regs by el gr
Whoever takes an enema,~!° sniffs [something through his nostrils], pours
drops into his ear, treats a body cavity or a wound with moist medicine and it reaches his stomach or his brain, has invalidated his fast.*!°
AU agar) ety dim yluc phi, J aldo! 3 jb5! ol 5 pete: SS lary args gil Sb MLS
If one pours drops [of medicine] into his urethra, he does not break his fast, according to Abu Hanifah and Muhammad, may Allah, exalted is He,
have mercy on them, but Abu Yusuf, may Allah, exalted is He, have mercy on him, said that he does break the fast.
ON BL yal 0S 9 WS 4} SG 9 ped J aad yd GIS 309 by SE aN sas ay wee he HIS (SH cb tal BSE at, Y US peaeg yp aie LB ONS 13} elabell ene wae OS 9 lal
Whoever tastes something with his mouth, does not break his fast, but it is disapproved for him.
It is disapproved for a woman to chew food for her child, if there is [another] way out for her.
The chewing of gum does not make the one who is fasting break the fast, though it is disapproved.
2
ail aye dlo3) ele bo] GES Slag b La + OF yy Ql» que) Ae 94228 egal pew y | alive MS O\ 9 (ods Lae Je ley SLAM gl ar Mok ly Sle pads bil Ble ob BLAM o\s\ 3h eM roe Ola «eLall Leash AclBY | 9 Aoua)| yh PaUe-¥-}\ Lg 3 Whoever is ill in [the month of] Ramadan, and fears [that], if he fasts, his illness will intensify, should not fast and [he] performs it as gada’. If one is a traveller, who is not harmed by fasting, then that he fast is
better, but it is permitted for him not to fast but to delay the performance [of the fast].
If the ill person or the traveller dies, and they were both in that state [of illness or journey], gada’ is not binding upon them. If, however, the ill person recovers [from his illness], or the traveller becomes a resident and, thereafter, they die, gada’ is binding upon them to the extent of the duration of their becoming well or adopting residence [respectively].*!”
JRO gm bl OB aa LE Oly 5,5 LE OI Olas, cLady Agle 2.43 Vg ode J 9 59 GUI Obes, ele +1 Olas) [With regards to] the gada’ of [the fasts of] Ramadan, one may separate them, if he wants, or if he wants, he may perform them successively. If one delays [the gada’| until the following Ramadan begins, he should fast the second Ramadan and perform the first [Ramadan’s missed fasts] by way of gada’ after it, and there is no redemption (fidyah) due from him. Lndad 9G Ldl Lp ws ol Lgl be WEE 15] ae phly jolt, Lege 4.48 Vy When a pregnant woman and a breastfeeding woman are apprehensive for
themselves or [for] their child, they break the fast, and fast by way of gada’, and there is no redemption due from them.
052 IS pale: 9 hi: elvall de ae Y Gil Gal Il
The decrepit old person who is not able to fast should not fast. He should [instead] feed one needy person for each day [of missed fasting] just like one would feed for expiations.
JSS Ady aie pabl ay cogld Sliae, Lab alley Ole ys pee gl of ye lele sl» rele waa) Lewes 92 Whoever dies and the gada’ of Ramadan was due from him, and he had put it in his will, his executor (wali) should feed on his behalf one destitute person for each day [missed] a half sa‘ of wheat or a sd‘ of dates or barley. Whoever begins a voluntary fast and then violates it, should make it up by way of gada’. Legge Andy Kamel Garey 8 SIS! whe 3 sl ae 131 5 ge lb yak dy ody Loy When a minor attains [the age of] majority or a non-Muslim becomes Muslim in Ramadan, they abstain [from things that nullify the fast] for the rest of [that] day of theirs, and they fast after that [day]. They do not make up by way of gada’ whatever [fasts] have passed.*!° LEM Ad Stem SI aod pad J Olas Bade ctl yey ge bs (92 Olas) ee 3 O god Sul 3} 9 oda le (gards H le ele 94% Whoever is overcome by unconsciousness during Ramadan does not make up as gada’ [the fast of] the day in which the unconsciousness took place, but he should make up as gada’ whatever [fasts] come after it. When the insane person recovers [from his insanity] for a part of Ramadan, [after Ramadan] he should make up by way of gada’ whatever
[fasts] have passed, and he should fast whatever [days] remain [in that month].
co pple 13) By bedhead ol ol MI Ccle 151g
When a woman menstruates or enters the postnatal period, she should
break her fast“! and make it up by way of qada’ when she becomes pure. Oe Renal Ul paw 3 LI Sygh gl SLI! 045 131 9 Lege 5 A) wl pad lo ells)! When a traveller arrives [at his destination], or a menstruating woman attains purity during [any] part of the day, they should abstain from food and drink for the remainder of [that] day of theirs. OV Se 99 pled ol alle, 3 ell ol gle 09 mud yep etl OF gl alle 2B IT el OF AS SB Ce gb nell ale BLS Vy e531 3 925 os | Whoever wakes up for the pre-dawn meal and believes that fajr has not yet dawned or breaks his fast believing that the sun has set, and then it becomes evident [to him] that the fajr had already dawned or that the sun had
not yet set, should perform [one fast] as gada’ for that day, but there is no expiation due from him.
‘Id al-Fitr Moonsighting Hale clad col 13] 9 jeds Jodog bedi Jacl es O19 Lely Joy gl yey Saige YI Leal Jobe 3 oLey Le wayse ball ais dele dale! ois J ale Lith 3
Whoever alone sees the crescent of the [‘Id of] fitr, should not break his fast.
When there is an impediment in the sky [which hinders the sighting of the moon], the Imam should not accept for [the sighting of] the crescent of the [‘Id of] fitr anything but the testimony of two men, or one man and two women. However, if there is no obstruction in the sky, he should not accept
anything except the testimony of a group by whose reporting [definite] knowledge comes about.
AIRY OL I‘TIKAF — SECLUSION
Ag egal ae denall S alll gg cuotins IK |
AIK I‘tikaf is a recommended [act and it is [defined as] staying inside the 221
mosque,~~~ with fasting and [with] the intention of 1 ‘tikdf.
] 220 3
Alay J531 OL y ALD y juallly edogll kKaall Je 94s clad) ales adlKeel wud pub ol Sexual intercourse, fondling and kissing are forbidden (haram) for someone in i‘tikaf (mu‘takif), and if he ejaculates due to kissing or fondling, his i ‘tikaf is nullifed, and [making it up by] gadd’ is due from him. oS Vy Ball pat OI pe ye toed 3 ples ae ab Crea)! a) oS 9 pee Yi Someone who is in i ‘tikdf is not to leave the mosque except for a necessity or for the Jumu‘ah (Friday prayer). There is no objection to him selling and
buying in the mosque without making the goods present [in the mosque]. He should only speak of good [things], but total silence is disapproved for him.
25\Keel fla lnole gl LUG Ile gl SY Uaeall pale obs gh ue a8IRiel aud ghe py dele soul ye cS ly com dene Vs DS al Lge VE» Lhe alll AP) Aas @ 5, Bad Sy0 F515 9S If someone in i‘tikaf has sexual intercourse, whether by night or by day, forgetfully or deliberately, his i‘tikaf becomes void. If he leaves the mosque for a moment without a [valid] excuse, his i‘tikaf becomes void, according to
Abi Hanifah, may Allah have mercy on him, but they,*** may Allah have mercy on them, said that it is not void unless it is for more than half a day.
LS YalKee! 403) all HIKce| aati Je coal cyy ed all bits 3) y dale IS
Whoever binds himself to the i‘tikaf of [a number of] days, their 1 ‘tikaf
along with their nights is binding upon him, and they are to be done consecutively, even if the consecutive order is not stipulated in them.
HAJJ — PILGRIMAGE
The Stipulations of Obligation lowe | eh GIL roll GaSe Cele: od Are de Y Lag QS ye SS dle My obj) de by 93 13} Lal 32 all Sy onge Ge Sl alle 288 oes Hajj is obligatory on free Muslims, who are adult, sane and healthy, when they are able to get provisions for the journey and a mount [for travel], over and above [the cost of their] residence and of what is unavoidably needed,
and over and above maintenance expenses for their families until the time of their return, and [as long as] the route is safe. Ys cad lle HF BOS SNM & S es lacles It is required with respect to a woman that there is a mahram?*? or her husband to be with her, who perform the hajj with her. It is not permitted for her to perform the hajj without [one of] these two if the journey between her and Makkah is three days or more.
43) gh Bat Ob
MAWAQIT — GEOGRAPHIC LIMITS
Jad Le VOLO laj glee I 554 Y AI St phly Abad Lill Lag «5 p6 O15 BL all Jay dad 93 dnl ode Le al > Yl e43 OB che Gel Jy 603 seul Jay OWS yay SAN aSined CoS gl tay IT yey Sle Cal oll JPN Byes By eA Al B ilies IX
The mawaqit7** (limits) that a person is not to cross except as a muhrim (someone who is in the state of ihram):
1. For the people of Madinah, it is Dhu’l-Hulayfah,
2. For the people of Iraq, it is Dhat ‘Iraq,
3. For the people of Syria, it is al-Juhfah,
4. For the people of Najd, it is Qarn, and
5. For the people of Yemen, it is Yalamlam.*
If someone adopts the state of ihram before these mawagit it is permissible. Whoever [resides] within the mawadit, then his miqat is [at] al- Hill.**° Whoever is at Makkah, then his migat is the Haram [itself] for the hajj, and it is al-Hill for the ‘umrah.
Ihram — the Hajj Costume Sail Juss Lagi ol Suck ol pW olf 51 5
When one intends [to enter the state of] ihram, he takes a ghusl or performs wudu’, [but] ghusl is better.
Ol Lede neg cology LIS) sodlent gl Gate Oud Gals : SBs eS) beg ad olf
One dons two new, or washed, garments, a wrap for the lower half of the body (izar) and an upper covering (rida’), applies perfume, if he has any, and prays two rak‘ahs and says:
. Pao aa ee at 4 : : si go alg bod AA) 5! I eel
“Allahumma innit uridu’l-hajja, fa yassir-hu It, wa tagabbal-hu minni — O Allah, I intend to perform the hajj, so make it easy for me and accept it from
bP]
Talbtyah — the Hajj Chant Thereafter, following his prayer, he says the talbiyah. Sf OF Ap y eqAl ated 655 AL layde UIT OG
If he is performing the hajj alone [as ifrad/ then he intends by his talbiyah the hajj, and the talbiyah is to say: JY S555 AL) 3) AS A, SY AS Sd sgh Ses Af A, SY Ally “labbayk’allahumma_ labbayka, labbayka la sharitka laka, labbayka, inna’l-hamda wa’n-ni‘mata laka wa’l-mulka, la sharika laka — here I am, at Your service, o Allah, here I am at Your service. Here I am at your service,
You have no partner, here I am at Your service. All praise and all bounty is for You, and all sovereignty. You have no partner.”
Sle Wyd 215 OB SLI) ode Gy eos JH Ol Lae Vo It is not desirable to leave out any of these words, but if he adds to them it is permissible. Prohibitions for the Muhrim Squnidlg E83 gye are abl og le Gadd pol ud (3 138 Jia2\9 When someone says the talbiyah, he has entered ihram,**’ and so let him
abstain from whatever Allah has prohibited of obscenity, immoralities and quarrelling.
ade Joo Vo ad pie Vo lane Ine Vo
He should not kill prey, point [someone] towards it, nor direct [Someone] towards it.
Yo eld Vo Squld Yo dole Yo fo ol pw Vg Leeds Vo Cpe Jeol oye ygabedd Gab at Y OI as
He should not wear a shirt, trousers, turban, cap, an outer garment or boots, unless he does not find sandals — in which case he is to cut them below the ankles.
Lede pas Vo ctgoe SI duly dae Vy
He is not to cover his head or his face. He is not to apply perfume.**°
opie ye Vy aed Gye yaks Vg cai pad Vo uly gle Vy He is not to shave his head or the hair of [any part of] his body.**? He is not to trim his beard or his nails. OI aes Vy OL te Vo Hyg Ener bt Gah Vy reel ity ed 35S He is not to wear a cloth dyed in waras (a yellow dye), saffron or safflower, unless it is washed and the colour does not exude.*?2
Allowances for the Muhrim Jordy cod: Jee 9 elt Joo 9 dace ob Hb Ys lye aban 3 A »
There is no objection to taking a bath, entering a public bath, seeking Shade in a room or under a canopy, or tying a money-belt around the waist.
pled ed Vy auly luce Vy He should not wash his head or his beard with althaea.?~! Jae gi Bt Me LISs Sl olsll Cute AS Ge WD 2 deo Ths WS) dl bls He should chant the talbiyah plentifully following the prayers and
whenever he ascends a height or descends [into] a valley, meets a group of riders, or at the time before dawn (sahr).*°
IFRAD
Tawaf al-Qudum — Circumambulation upon Arrival*”’
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ae ards aby 9 jhas 1S 9 aliruls S guy Fh laa ob Shas we ble 535) Je os paral S| aldy ackinly ANSI
Bola d AUS JS ela) dad! by OW! b ke ans ys S| bigSl Aecwtall
When one enters Makkah, he begins at al-Masjid al-Haram. When he sets his eyes upon the House (the Ka‘bah), he says takbirs (allahu akbar) and tahlils (la ilaha illa’llah), then begins at the Black Stone (al-Hajar al- aswad); he faces it and says takbirs and tahlils, whilst raising both his hands with the takbir. He should salute it and kiss it if he can, without causing annoyance or harm*** to any Muslim. Then he begins with his right side that is adjacent to the door [of the Ka‘bah], having before that placed the top sheet of his upper covering sheet under the right shoulder and over the left shoulder (idtiba‘),°°° and circumambulates (in tawdf) the House in seven circuits.
JED Li g251 3 Jay edablelyy ge adlsh bats gated Shy pe LIS atl colton 9 atin Ne od Led ott 9 eran 81 shall ces
He makes his circumambulations outside the hatim-’® and trots (ramal)*?’ in the first three circuits and walks in the remainder in his normal gait [with stillness and dignity]. He should salute*** the [Black] Stone each time he passes by it, if he can, and end his circumambulation with saluting [the Black Stone].
cdowall ye pad be Lee gl aS ocr bead olall 3b od
as ped >| y ond Aiw gig a9 Aa)| W9\ gb 9 glad lias eral 91 gl ds al
Then he comes to the Station [of Ibrahim] and prays two units at it, or wherever within the Masjid it is possible.
This tawaf is the tawdf al-qudiim,**’ and it is sunnah, not obligatory. There is no [requirement] for the residents of Makkah [to perform] the tawaf al-qudum.
Sa‘y — Going Vigorously and Quickly~”’ Between Safa and Marwah Shoo S29 Cel Jeti 9 ale tnad eal J) oF aca l2 SL alll gens 9 plang ale alll he cll be er s Then one proceeds to [the mount of] Safa and ascends it. He faces the
House, says the takbir, asks for blessings on the Prophet and supplicates Allah, exalted is He, for his needs.
Sl gl les J] ak 158 ate Se (ott y by tI god eee Lgele tayad By MN GL cm bee oe pad ll ye Qe Vy bl pl dae Boles bgt lag eal! fo LS LS Jabs s 09 Ab As eell Then he descends towards [the Mount of] Marwah and walks at his normal gait. When he reaches the middle of the valley, he goes quickly and vigorously between between the two green lines, until he comes to [the mount of] Marwah and ascends it. [Here] he does as he did on Safa. This is
one circuit. So, he performs seven circuits, beginning at Safa and ending at Marwah.7*!
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Then he remains in Makkah in ihram, circumambulating the House
whenever he wishes.
One day before*** the day of tarwiyah,**? the Imam delivers an address““*
in which he instructs people about the departure to Mina, the prayer at ‘Arafat, the standing [at ‘Arafah] and the [tawaf] al-ifadah — the circumambulation of ‘pressing on’.**°
When he has prayed the fajr [prayer] on the day of tarwiyah in Makkah, he moves out towards Mina and remains there until he has prayed the fajr [prayer] on the day of ‘Arafah. Then he heads towards ‘Arafat and stays
there.
Staying at ‘Arafah whe, Bgl JS yeided hed b Vol ALTE Gans pally Det! cng Adaplly Bye Gly Eglall Led HU 3 padly ll oe dee BLS Globe GEly poly cecal 9 SISL gall 25, On the day of ‘Arafah, when the sun declines,““’ the Imam leads the people in the zuhr and ‘asr [prayers] beginning with the address; he delivers two addresses prior to the prayer in which he teaches people the prayer, stopping on ‘Arafah and Muzdalifah, pelting [with stones] at the jamrahs, the sacrifice (nahr), shaving [the head] and the tawaf az-ziyarah (the
circumambulation of visiting). He leads them in zuhr and ‘asr, within the time of zuhr, with one adhan and two iqgamahs.
Leds Legis Btely SS be onmg ale) 3 yah! Leo yey Lge) dots Lawes gl Sy li alll amy dace Ul ve
Whoever prays zuhr in his own camp on his own prays each of them at its time, according to Abu Hanifah, may Allah have mercy on him, but Abu Yusuf and Muhammad, may Allah have mercy on them, said that the person who performs the prayer separate from the congregation (munfarid) combines them both.
246
Sig WS C69 hd ph ES ih Jang 43 6 Sykes |
Then he heads towards the station (mawgif)**’ and stays close to the Mount [of Mercy (Jabal ar-Rahmah)]. Apart from Batn ‘Umrah, the whole of ‘Arafat is a [ritual] station.
ll larg see 9 ale ly Ne 4b) a S| eEW arr 9 cles Bags 9 dda 5593 Jb Jace GI cote 9 dll The Imam ought to stop at ‘Arafah on his mount, to supplicate and instruct the people regarding the rites [of hajj].
It is recommended to take a bath prior to the staying at ‘Arafah,**° and to exert oneself in making supplications.
Staying at Muzdalifah
Fo ee Le dre obs LY USUI nett oo UF LU SAN JA pe hye OT oe g le Ohad Adj gh elas! s ws alll wh ely pee 9 cS a) Je NaS Abs
SES BAN BAM be yey All 5 Sl Leal o8y BLS al Lgey sets dige Yl vc
When the sun has set,**? the Imam and the people with him pour forth at
their normal pace until they come to Muzdalifah, where they alight. It is recommended that they alight close to the mountain upon which is the hearth (migadah) called Quzah.*”°
The Imam leads the people in the prayer of maghrib and ‘isha’ [combined] at the time of ‘isha’, with an adhan and an igamah.
Whoever prays the maghrib [prayer] along the way, it is not valid according to Abu Hanifah and Muhammad, may Allah have mercy on them.*°!
eed 89 whey ers pul eed be dl abe 133 pe Cle VI a ge LIS Atlas g : Lend ane wlll Vids g
When fajr dawns, the Imam leads the people in the fajr [prayer], during
the dark period of the night (ghalas). Then the Imam stands, and the people stand with him and he makes supplication. The whole of Muzdalifah is a Station (mawgif) apart from Batn Muhassir.
Mina
oH iol Ce wt & gle bo ane pldls ey bi = ee Shae ane Sal ll gle Gs gr 19 Antal 0 pore (Odio plat, 9 Laas Lab Vy Blam JS ae Qo 9 SAD slae Blam Jl eaiccons Then, before sunrise, the Imam and the people with him pour forth until they arrive at Mina. [Here,] one begins with the jamarat al-‘agabah, pelting it, from the bottom of the valley, with seven stones like small chips of gravel, with every stone pronouncing the takbir. One does not stand next to it [but keeps moving forwards] and discontinues [saying] the talbiyah with the first
stone [throw].
a) J> 5, Leal Gy nab ol ght bol OTE clust Net SS Then, if he wishes,~°* he slaughters [an animal] then shaves [his head] or
trims [his hair], but shaving [the head] is better. [Now,] everything has become lawful for him except (sexual intercourse with) women.
Tawaf az-Ziyarah — Circumambulation of Visiting~”’
Behe all ee ye gl ll je gl 3 age ye I Sh od Lendl ye ae OW OW Lig tl daw OLB Gleb CHIL ae Vy Bi gbll lhe 3 Jey 3 egrdll Glob ude by Mle cha aun 9 51 shall in 3 Jey aut! tb 9S JO! y ale Ludl a} Jo ddg lists Le fe One then comes [back] to Makkah on that day of his or the day after or the
day after that*°* and circumambulates the House [for] the tawdf az-ziyarah (circumambulation of visiting), [which is] seven circuits. If he had performed
sa‘y between Safa and Marwah after the tawadf al-qudum (circumambulation of arrival) he does not perform ramal with this circumambulation, nor is there sa‘y due from him. If he had not performed sa‘y [after the tawdf al-qudum], he performs the ramal in this circumambulation and performs sa‘y after it, on the basis of what we have mentioned earlier, and [sexual intercourse with] women has become lawful to him.
che Se 0d 0S 5 tl Bos pAll 92 igh! ling Vy SWS alll ary dase Gl ue pa des) ne od) O18 oLNI Le pate Ge Dl aga gb cade gh Vs DLS all Lg, This is the circumambulation which is an obligation in the hajj. Delaying it for more than these [three] days is disapproved. If he delays it beyond that, atonement [by sacrificing an animal] is binding upon him, according to Abu Hanifah, may Allah have mercy on him, but they,*?? may Allah have mercy
on them, said that there is nothing due from him [as an atonement]. Then he returns to Mina and stays there.
Ramy — Casting Stones
Dd gy dl ell Ge GUI agdl ge Qaotd! OIL) 138 ee 9 Slee ane eed toned UB db Gary SOU lone ab Vo WIS Aas be itn oe We a When the sun declines [from its meridian] on the second day of the days of nahr,*° one pelts all three jamrahs, beginning with the one that is adjacent to the Masjid [al-Khayf] casting seven stones at it, proclaiming the takbir with every stone [throw]. Then, he stops next to it and supplicates. After that, he pelts the one next to it in the same way and stops beside it [to supplicate].
Then he pelts the jamarat al-‘agabah in the same way, but he should not stop next to it.
MIS pet Sg day SH LAI oy sell ye SIS 13
The following day,*°’ he pelts the three jamrahs after the declination of
the sun [from the meridian], in the same way. 2) hy Ol aL! Ol g Xe LI} 8 [Ad Jone ol obj! 1515 NSS odd) Sho 5 Ax al! ese! 3 SS) LA Whenever he wishes to hasten the return, he returns to Makkah, but if he wishes to stay [at Mina for another night], then he pelts the three jamrahs on
the fourth day,*°° after the declination of the sun [from the meridian], in the same way.
De ed & hh re Sy MS egdl oe 8 ca}! 0d OF 9A Vs AWS abl Lgry Vby Tbs lary dase Ul ue If he advances the casting [of stones] on this day~°” to before the declining of the sun [and] after the dawning of fajr, it is permitted, according to Abu
Hanifah, may Allah have mercy on him, but they,*°? may Allah have mercy on them, said it is not permissible.~°!
tn So be ech 9 IK AL) ab OLS! pak Slo 9 It is disapproved for someone to send his luggage to Makkah while [he himself] stays on until he has cast [all the stones]. Tawaf as-Sadr — Farewell Circumambulation* Bl 8h dap Cd Bb ob Crd J a UI 158 ARs Jal fe Vols 52 9 reall Bl gb lag kd bop alal Moo 03 When someone returns to Makkah, he alights at Muhassab, then he circumambulates the House with seven circuits without performing ramal in them. This is the tawaf as-sadr — farewell circumambulation — and it is
incumbent [on all] except for the residents of Makkah. After that,