Category Archives: Fiqh

06 Jul

Can you shake hands with the ‘ajuuz

According to the 'ahnaaf it is permissible to shake hands with the 'ajuuz (old woman) and touch her hand if there is no fear of fitnah.

They are alone in this opinion of theirs. The Maaliki, Shaafi'i, and Hanaabilah do not permit you to touch or shake hands with the 'ajuuz regardless of if there is fear of fitnah or not.

 

Kuwaiti Encyclopedia of Fiqh
Volume 31 Page 55

 

06 Jul

Follow a Madhhab to the letter?

The Shaafi'i allow you to pray one Rak'ah of witr based on the authentic hadith in Sahih al-Bukhaari and Sahih Muslim

The Hanbali allow you to pray one Rak'ah of witr based on the authentic hadith in Sahih al-Bukhaari and Sahih Muslim

The Maaliki allow you to pray one Rak'ah of the witr based on the authentic hadith in Sahih al-Bukhaari and Sahih Muslim.

 

The 'ahnaaf act on the weak hadith and forbid you from it.

 

Just because I was born a Hanafi you are now going to tell me that I cannot act on the authentic hadith in this issue because I was born Hanafi and must follow their weak opinion on the matter based on a weak hadith?

 

No, thanks.

 

06 Jul

You can pray one Rak’ah of witr

The 'ahnaaf alone have forbidden praying one Rak'ah of witr based on the following weak hadith while all other schools have permitted it based on authentic hadith

 

أن رسول الله – صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ – نهى عن البتيراء أن يصلي الرجل واحدة يوتر بها

 

The only difference between the Maaliki and the Shaafi'i and Hanaabilah is that the Maaliki say that you can pray one Rak'ah of witr but have to precede it by praying an even number of Rak'ah. The Shaafi'i and Hanaabilah do not have this stipulation.

 

04 Jul

Completing a non-obligatory prayer or fast

It is mustahabb for a person to complete a non-obligatory fast or non-obligatory prayer he has began. It is permissible for him to exit the fast or prayer without having to make it up regardless of if he exits based on a legitimate excuse or not. This is the opinion of the following Companions:

 

Umar

Ali

Ibn Umar

Ibn Abbaas

Ibn Mas'uud

 

It is the opinion, among the jurists, of 'ishaaQ, Maalik, and al-thawri.

 

Maalik holds the opinion that it is permissible to exit a non-obligatory prayer or fast for a legitimate reason. If a person exits the act before completing it without a legitimate excuse then it is necessary for him to make it up.

 

Abu Hanifah holds the opinion that one has to make up the non-obligatory prayer or fast if he exits the act prior to completion regardless of if he exits because of a legitimate excuse or not.

 

 

al-haawii al-kabiir

Volume 3 Page 468

 

20 Mar

The time for witr prayer

The waajib prayers – which are not farD – which have a specified time are the witr prayer and the two Eid prayers according to Abu Hanifah.
 


As for the witr prayer, Abu Hanifah holds the opinion that its time begins at the same time when Ishaa begins which is when the white shafaQ disappears. However, he says that one must maintain the order of the two prayers. One prays Ishaa. Then, one prays the witr prayer.  

 


The majority of the scholars, including the two students of Abu Hanifah, hold the opinion that the time for the witr prayer begins after one has prayed the Ishaa prayer.

 


The difference between the majority and Abu Hanifah has a practical outcome.

 

 

Take, for example, a person who prays Ishaa without Wuduu, forgetfully. Then, he does Wuduu and prays the witr prayer. After that, he remembers that he prayed Ishaa without Wuduu.

 

 

According to Abu Hanifah, the person would repeat Ishaa but does not have to repeat the witr prayer because he prayed Ishaa without Wuddu but as for the witr prayer he prayed it with wuduu in its time so there is not need to repeat it.

 

 

As for the majority scholars, the person will repeat Ishaa because he prayed it without Wuduu, and he will also repeat the witr prayer because though he prayed the witr prayer with wuduu he prayed it when it was not time for it (remember the majority hold that the time of the witr begins after one has prayed Ishaa).

 

Reference:

Kuwuaiti Encyclopedia of fiqh
Volume 7 Page 179

 

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