Introduction – مقدمة

الحمد لله الفتاح الجواد
All praise be to Allah, the All-opening and All-giving.

المعين على التفقه في الدين من اختاره من العباد
who helps to learn the religion of one whom he chooses from his servants

وأشهد أن لا إله الله شهادة تدخلنا دار الخلود
and I testify that there is no god but Allah, with the witness that enters us into the house of eternity.

وأشهد أن سيدنا محمدا عبده ورسوله صاحب المقام المحموم
and I testify that our lord prophet Muhammad is his servant and his messenger, who has a praiseworthy degree.

صلى الله وسلم عليه وعلى آله وأصحابه الأمجاد
Allah’s peace and blessings be upon him and his family and noble companions.

صلاة وسلاما أفوز بهما يوم المعاد Peace
and blessings be upon them on the day of return.

وبعد فهذا شرح مفيد على كتاب المسمى بقرة العين بمهمات الدين
and after that, this is a useful explanation of the book called Qurratul ain on important matters of religion.

يبين المراد ويتم المفاد ويحصل المقاصد ويبرز الفوائد
explains what is meant, and perfects the benefit, and produces the purpose, and reveals the benefit.

وسميته بفتح المعين بشرح قرة العين بمهمات الدين
and I called Fathul Muin about Qurratul ‘ain’s explanation of important matters of religion.

وأنا أسأل الله الكريم المنان
and I ask Allah, the Most Gracious, the Most Generous.

أن يعم الانتفاع به للخاصة والعامة من الإخوان
in order to spread the benefits of this book to special and general friends.

وأن يسكنني به الفردوس في دار الأمان
and put me because of this book in paradise paradise in a place of safety.

إنه أكرم كريم وأرحم رحيم
indeed He is most gracious to those who are gracious, and most merciful to those who are merciful

بسم الله الرحمن الرحيم
in the name of Allah, the most gracious, the most merciful.

أي: أولف: والاسم مشتق من السمو وهو العلو لا من الوسم وهو العلامة
means: I composed. The word ism is derived from the word sumuw, which is sublime. Not from the wasm, which is the sign

والله: علم للذات الواجب الوجود
Allah is the name for the obligatory deity.

وهو اسم جنس لكل معبود ثم عرف بأل وحذفت الهمزة ثم استعمل في المعبود بحق
Allah is a kind of isim for every worshipped one, then it is qualified with Al and removed the hamzah, then used for the rightly worshipped one.

وهو الاسم الأعظم عند الأكثر ولم يسم به غيره ولو تعنتا
Allah is a great name according to most scholars. And other than Allah, no one is named by this, even if they insist on it.

والرحمن الرحيم صفتان بنيتا للمبالغة من رحم
Rahman and womb are two attributes that are formed for the very meaning of the word womb.

والرحمن أبلغ من الرحيم لأن زيادة البناء تدل على زيادة المعنى ولقولهم: رحمن الدنيا والآخرة ورحيم الآخرة
Rahman is stronger than the womb because the addition of form indicates the addition of meaning, and because of the Arabic saying, loving the world and the hereafter, and merciful the hereafter.

الحمد الله الذي هدانا أي دلنا لهذا التأليف
Praise be to Allah who showed us what it means to show us to compose.

وما كنا لنهتدي لولا أن هدانا الله إليه
And we would not have been guided if Allah had not guided us.

والحمد هو الوصف بالجميل
Praising is characterizing as good.

والصلاة وهي من الله الرحمة المقرونة بالتعظيم
Selawat, which is from Allah, is an affection that coincides with exaltation.

والسلام أي التسليم من كل آفة ونقض
And salam means to be saved from every sickness and deficiency.

على سيدنا محمد رسول الله لكافة الثقلين الجن والإنس إجماعا وكذا الملائكة على ما قاله جمع محققون
For our lord Muhammad the messenger of Allah for all jinn and humans according to the consensus of scholars, as well as angels according to the words of a group of experts.

ومحمد علم منقول من اسم المفعول المضعف موضوع لمن كثرت خصاله الحميدة
Muhammad is a name taken from the isim maful with tashdid, which is applied to a person of good character.

سمى به نبينا صلى الله عليه واله وسلم بإلهام من الله لجده
Our Prophet (SAW) was given this name by inspiration from Allah to his grandfather.

والرسول من البشر ذكر حر أوحى إليه بشرع وأمر بتبليغه وإن لم يكن له كتاب ولا نسخ كيوشع عليه السلام The
messenger of mankind is a man who is given revelation of the Shari’ah and ordered to convey it, even though he does not have a book and nasakh like Yusya As.

فإن لم يؤمر بالتبليغ فنبي
if not ordered to convey then the prophet

والرسول أفضل من النبي إجماعا The
messenger is superior to the prophet according to the consensus of the scholars.

وصح خبر أن عد الأنبياء عليهم الصلاة والسلام مائة ألف وأربعة وعشرون ألفا
And there is a hadith that the number of prophets is 124.

 وأن عدد الرسل ثلاثمائة وخمسة عشر
and the number of apostles is 315.

وعلى آله أي أقاربه المؤمنين من بني هاشم والمطلب
And for his family: his believing relatives from Banu Hashim and Banu Mutholib.

 وقيل: هم كل مؤمن أي في مقام الدعاء ونحو
And it says they are every believer, meaning when praying and the like.

 واختير لخبر ضعيف فيه وجزم به النووي في شرح مسلم
This opinion is chosen because the hadith is daif, and Imam Nawawi believes in Sharah Muslim.

وصحبه وهو اسم جمع لصاحب بمعنى الصحابي
And his companions, sahb is the plural isim for the word shahib which means
friend.

وهو من اجتمع مؤمنات بنبينا صلى الله عليه واله وسلم ولو أعمى وغير مميز
he is the one who gathered in a state of faith with the prophet SAW even though he was blind and not yet tamyiz

الفائين برضا الله تعالى صفة لمن ذكر
Who has the pleasure of Allah the attribute of the one who has been mentioned

وبعد أي بعدما تقدم من البسملة والحمدلة والصلاة والسلام على من ذكر
And after that means after the first consisting of basmalah hamdalah peace be upon the one who has been mentioned.

فهذا المؤلف الحاضر ذهنا مختصر قل لفظه وكثر معناه من الاختصار
this compiled book that is in the heart is a summary that is little in words and much in meaning because it is summarized.

في الفقه هو لغة: الفهم
About the science of fiqh, fiqh in language is understanding.

واصطلاحا: العلم بالأحكام الشرعية العملية المكتسب من أدلتها التفصيلية The
term is the knowledge of the rulings of the Shari’ah, which are derived from detailed proofs.

واستمداده من الكتاب والسنة والإجماع والقياس
And its sources are the Quran, hadith, consensus and qiyas.

وفائدته امتثال أوامر الله تعالى واجتناب نواهيه The
benefit of Fiqh is to carry out Allah’s commands and avoid His prohibitions.

على مذهب الإمام المجتهد أبي عبد الله محمد بن إدريس الشافعي رحمه الله تعالى ورضي عنه
According to the school of Imam Al mujtahid Abi Abdillah Muhammad ibn Idris As Syafii

أي ما ذهب إليه من الأحكام في المسائل
means the rulings on the issue of his opinion.

إدريس والده هو ابن عباس بن عثمان بن شافع بن السائب بن عبيد بن عبد بن يزيد بن هاشم بن عبد المطلب بن عبد مناف
Idris was his father Ibn Abbas ibni Usman ibni Shafi ibni Saib ibni Ubaid ibni Abd ibni Yazid ibni Hashim ibni Abdil Mutolib ibni Abd Manaf.

وشافع وهو الذي ينسب إليه الإمام
Shafi i.e. the one on whom the imam relies.

وأسلم هو وأبوه السائب يوم بدر
He converted to Islam with his father Saib during the battle of Badr.

وولد إمامنا رضي الله عنه سنة خمسين ومائة وتوفي يوم الجمعة سلخ رجب سنة أربع ومائتين
Our Imam was born in 150, and died on the last Friday of Rajab in 204.

وسميته بقرة العين ببيان مهمات أحكام الدين
I named Qurratul Ain about important information in religious law.

انتخبته وهذا الشرح من الكتب المعتمدة لشيخنا خاتمة المحقين شهاب الدين أحمد بن حجر الهيثمي
I have taken this book and this commentary from the handbooks of our late teacher Ahmad ibn Hajar Al Haitami.

 وبقية المجتهدين مثل وجيه الدين عبد الرحمن بن زياد الزبيدي رضي الله عنهما
And all the mujtahids like the religious leader Abdurrahman ibni Ziyad Az Zubaidi RA

وشيخي مشايخنا: شيخ الإسلام المجد زكريا الأنصاري الإمام الأمجد أحمد المزجد الزبيدي رحمهما الله تعالى
And two teachers of our teachers, Shaykhul Islam Al mujadid Zakariya Al Anshori, and imam amjad Ahmad Muzajjad az Zubaidi Rahimahumallah.

وغيرهم من محقي المتأخرين
and others, consisting of late scholars.

 معتمدا على ما جزم به شيخا المذهب: النووي والرافعي فالنووي فمحقو المتأخرين رضي الله عنهم
While adhering to the opinion of the two teachers of the madhhab, Nawawi and Rafee, then Imam Nawawi, then the late scholars.

راجيا من ربنا الرحمن أن ينتفع به الأذكياء أي العلاء
While expecting from our Lord who is the compassionate one to give this benefit to the smart people, meaning the noble ones.

وأن تقر به بسببه عيني غدا أي اليوم الآخر بالنظر إلى وجه الكريم بكرة وعشيا آمين
And may Allah calm my sight tomorrow meaning on the last day to see His glorious face morning and evening. amen.

Chapter on Prayer: بَابُ الصّلاَةِ

Salat according to syarak: Certain words and actions, beginning with Takbir and These words and actions are called “Salat”, because Salat, according to the language, is prayer.

The prayers that are fard ain are five times a day and night, which are known with certainty from the religion. Therefore, the one who opposes it is a disbeliever.

These five daily prayers have never been observed by anyone other than our Prophet Muhammad (peace be upon him).

The five obligatory prayers were enjoined on the night of Isra, 27 Rajab, which is 10 years and 3 months after Prophet . Muhammad was appointed as a Prophet. The Fajr prayer on the 27th of Rajab was not yet obligatory, as the method of performing it was not yet known.

The Maktubah prayer, which is the five daily prayers, is only obligatory for every Muslim who has reached puberty, is of sound mind, male or otherwise, and is pure.

Hence, prayer is not obligatory on the genuine disbelievers, children, the insane, the afflicted and the drunk, whose affliction is not due to tyranny. Because they are not subject to the burden of religion. It is also not obligatory for women who are menstruating or postpartum, because the prayer is not valid and it is not obligatory for them to perform it.

However, for those who apostatize and get drunk because of despots, prayer is still obligatory for them.

If a pure Muslim deliberately delays the obligatory prayer until after its due time, is lazy about it but still believes that it is obligatory, and is told to repent but refuses to do so, then a hadd must be imposed on him, namely by cutting his throat.

Based on the view that the Sunnah commands repentance, the beheading of a person who delays prayer before repenting is not punishable, but he is sinning.

If he abandons the prayer because he opposes its obligation, . then he is killed as a Kafir. He does not need to be washed and prayed for (and . should not be buried in a Muslim cemetery – pen).

For the mature Muslim, if he missed a prayer without any hindrance, then he is obliged to make up the missed prayer immediately. Therefore, the ruling on making it up is obligatory.

Shaykhuna Ahmad ibn Hajar – may Allah have mercy on him – said: What is clear is that it is obligatory for this person to spend all of his time in prayer, apart from the time that he has to spend on other things (such as sleeping, earning money for his dependents, etc.), and it is also haraam for him to offer voluntary prayers until he has completed the obligatory prayers.

If the prayer is missed because of an obstacle, such as sleep or forgetfulness that is not due to negligence, then it is Sunnah to make it up immediately.

If the prayers were missed because of an excuse, then it is recommended to make up the prayers in an orderly manner, i.e. to pray Fajr before Zhuhr, and so on. It is Sunnah to put the kadha prayer before the Ada’ (cash) prayer, if one is not worried about running out of time for the Ada’ prayer: According to the most correct view, even if he fears that he will miss the congregation.

If the delay is not due to an excuse, then he must give precedence to the kadha over the Ada’ prayer.

But if there is a fear that the Ada’ prayer will run out of time, even if a part – even a small part – of the Ada’ prayer will run out of time, then it is obligatory for him to give precedence to the Ada’ prayer.

It is also obligatory to give precedence to the kadha prayer, which is without an excuse, over the kadha prayer, which is delayed because of an excuse, even if there will be a disruption in the time. This is because order is Sunnah, while haste is obligatory.

It is Sunnah to delay Rawatib prayers over kadha prayers because of an excuse: and it is obligatory to delay Rawatib prayers over kadha prayers without an excuse.

Warning!

Whoever dies and has a prayer due, that prayer cannot be made up or the fidyah paid. .

In an opinion narrated by Imam Al-‘Ubadi from Imam Ash-Shafi’i, it is stated that: The prayer should be made up by someone else, whether the deceased made a will to do so or not. This is based on a hadith.

Imam As-Subki also did so for his deceased relatives.

A boy or girl who is mumayyiz (capable of eating, drinking and toileting on his or her own) is obliged upon his or her parents, his or her guardian, the person who makes the will and the owner of the slave to order him or her to pray, even if it is the kadha prayer with all its conditions, if the child has reached the age of seven years, even if he or she was already mumayyiz before that.

The command should be followed by a threat.

If a child who has reached the age of ten years of age fails to pray, even if it is a kadha prayer or if he fails to fulfill one of the conditions of prayer, then it is obligatory for his parents and others to beat him, so long as it does not cause harm.

Based on a sahih hadith: “Command a child to pray when he is seven years old, and when he is ten years old, beat him if he fails to do so.“

The same applies if he is strong enough to fast. He is ordered to fast after the age of 7. If he fails to do so after the age of 10, he must be beaten. It is the same with prayer.

The wisdom in all of this is to encourage him to worship, so that he will get used to it and not abandon it.

Imam al-Adhra’i discusses the issue of a young slave boy who is a disbeliever, but who has uttered the two creeds, whose ruling is that it is Sunnah to command him to pray and fast, and that he should be encouraged to do so, but not beaten if he fails to do so, so that when he grows up he will be accustomed to doing good deeds. Although this is not the correct interpretation: Done.

It is also obligatory for parents and those mentioned above to forbid the child from forbidden things and to teach him obligations and the like, which are other laws that are visible. Even in matters of Sunnah, such as using the tooth-stick, and commanding him to obey it.

All of the above obligations for parents and their children only end when the children grow up and become intelligent.

The cost of his education, such as the teaching of Algur, and adab, is taken from the property of the child, his father, and then his mother.

Warning!

Imam As-Sam’ani pointed out the issue of a young wife who still has a father and mother, that the obligation lies with her parents, then her husband. Based on that, it is obligatory to beat her if she does not submit.

Imam Jamalul Islam Al-Bazari explained that it is obligatory to beat her, even if she has grown up.

Shaykhuna (Ibn Hajar al-Haitami) said: That is obvious, if there is no fear of nusyuz (disobedience). In the matter of educating the wife, Imam Az-Zarkasi ruled that it is Sunnah.

The obligatory beginning, up to the issue of commanding prayer, is the burden of the father and the person mentioned, who is to teach the child who has reached the age of puberty: Verily, our Prophet Muhammad (peace be upon him) was sent in Mecca, born there and died and was buried in Medina.

فَصْلٌ فِى شُرُوْطِ الصّلاَةِ

ARTICLE I: CONDITIONS OF PRAYER

A condition is something that makes the prayer valid, but is not part of it.

The discussion of conditions takes precedence over the pillars. This is because the conditions must come before the prayer and remain fulfilled in it.

There are five conditions for the validity of prayer.

CONDITIONS OF THE FIRST PRAYER

The first condition of prayer: Thaharah (purity), which means purity from impurity and janabah.

Thaharah according to the meaning of the language: Clean and free from impurities.

Whereas according to syarak: Removing obstacles in the form of hadas or najis.

First Thaharah: Wudu

The first purification from impurity is ablution.

Wudu – pronounced dhammah wawunya -: Using water on certain parts of the body, which begins with the intention. Whereas wadu – read fat-hah wawunya -: The water used for ablution.

The beginning of the obligation of ablution is at the same time as the obligation of prayer, on the night of Isra.

Conditions of Wudu

The conditions of ablution are five, as are the conditions of bathing.

First: Absolute water. Therefore, anything other than absolute water cannot be used to remove impurity and purify najis, nor can it be used for any other tahaarah, even if it is a Sunnah tahaarah.

Absolute water, are: Water whose name is without additions, : even if it is the distillation of the fumes of boiling and pure water, dissolved in a mixture in, water: or there is a name added to water, but the addition is to describe the place, for example “sea water”.

In the case of water that is not called kecuzli, there is always an addition, for example “rose water”.

It is not water used for purification, whether it is for removing minor or major impurity, even if the Uhaharah is of the Hanafi school of thought, and he does not intend to perform the purification of a child who has not attained the age of puberty for Tawaf, or it is water used to wash away impurity, even if it is ma’fu impurity.

The amount of musta’mal water is small, less than two kulah.

If the musta’mal water is collected until it reaches the amount of two kulahs, it becomes Muthahhir (pure-purifying) water, just as mutanajis water is collected until it reaches the amount of two kulahs in an unchanged state, even if after taking it again it becomes less.

Therefore, it can be seen that the infallibility of water : only in the case of a small amount of water, after it has been separated from the place where it was used – even if only legally -, such as water: wash that passes over the shoulders or knees of the one who is doing ablution, even if it returns to its original place, or water that passes from one hand to another.

It is true! It does not matter to the person with minor impurity that water is transferred from the palms of the hands to the cubits: the same applies to the person who is junub, who transfers water from the Repala to other parts of the body that are exposed to water droplets from the head, such as the chest.

Branches:

If he performs wudoo’ by putting his hand in a little water with the intention of washing away his impurity, or he does not intend to do so, and he does so after intending to do ghusl for janaabah, or after washing his face three times, or once, but he did not intend to wash once, and he did not intend to get water or anything else, then the water becomes “musta’mal”, because it refers to a member other than the hand. It is permissible for him to wash his hands with it.

Neither does water, which has undergone many changes, lose its “absoluteness”, as it has changed one of its properties, taste, color or smell, even if it has changed in a similar way.

Or it changes because of something that is on the limb that is being purified, according to the better opinion.

 The change in water can affect its purity if it is caused by a mixture that the eye cannot distinguish, and the sud and water cannot be avoided, such as za’faran, the fruit of a tree that grows near water and a leaf that is put into water and destroyed. It is not a mixture of soil or salt water, even if both are put into the water.

Changes that do not amount to: changing the absoluteness of water is not a problem, because the change is slight, although there may be doubt about it, as many or few changes are indicated.

My saying “because of the mixture” excludes “companions”, which are things that are visible to the eye, such as wood and oil, which both smell good.

Included in the goloogan of the companion. is smoke, even if it is plentiful and has a clear smell, for example. This is different from a group of scholars.

Another example is the water in which wheat, dates and so on are boiled, so long as it does not appear to be mixed with anything that has fallen out of it, and so long as it does not reach the point where it is no longer water, such as gravy. If there is doubt: Whether what is inside is a mixture or a companion, then it is considered a companion.

But when I say “water can avoid being mixed”, I am excluding water that cannot avoid being mixed, such as water that is standing or flowing in a place where there is a lot of mud, crushed moss and sulfur.

Just as the water changes because it stays still for too long or the leaves fall off by themselves and disintegrate and the tree is far away from the water.

Or (change of water) because of an unclean thing, even if it is very : little and the amount of water is much, namely two kulah or more – in the form of two holy and unclean things

The size of two kulah with: the scale is -+ 500 liters of Bagdad, with the contents in the form of a cube building, is the length, width and height of 1 1/4 cubits of a normal person. Whereas in a cylindrical (round) building, the centerline is 1 human cubit, the depth is 2 cubits of a carpenter’s hand.

As for 1 hasra of a carpenter’s hand, it is 1 1/4 hasra of an ordinary hand.

Two cups of water, even if it is only an estimate, as if it is doubtful: Whether or not there are two volumes of water, and even if it is certain that there is a small amount of water, it is not regarded as unclean if it is impure, so long as the cause of the impurity does not change, even if the impurity dissolves in the water.

(When we take a large amount of water), it is not obligatory to keep away from the impurity that is in it. If someone urinates in the sea and froths up, then the froth is regarded as impure, if it is clearly from his urine, or from water that has changed one of its characteristics because of the urine.

If it is not clear, then the foam is not unclean.

If a piece of camel dung is thrown into the sea and the water splashes on something, then the item does not become unclean.

A small amount of water that is less than two kulah, which is not flowing, becomes impure because of the ingress of impurities that are visible to the normal eye, which are not najis ma’fu in water, even if it is used in prayer (such as a little blood that comes out of someone else’s body or the blood of a mosquito on the clothes of the person praying -pen). This ruling also applies to wet and liquid solids, even if there are many of them.

A small amount of water does not become unclean because of the entry of the carcass of an animal that does not bleed when its body is cut open, such as kala and lizards: unless the animal can change the water, even if it is only a little, then the water is unclean. If the carcasses are crabs and frogs, then the water is unclean. However, this view is contrary to the view of a group of scholars.

It is not unclean because of carrion that occurs in water, such as leeches.

If these carcasses are thrown into a small amount of water, then the water becomes unclean, even if the person throwing it is not a mukalaf.

If the animal is still alive, it has no effect at all (if put in a little water),

 Many of our Imams (Shaafa’is) have adopted the view of Maalik (r.a.) that water in general does not become impure unless it has undergone a change. In this case (a little or a lot) the ruling on flowing water is the same as that on non-flowing water.

It is explained in the Qadim vow: A little water cannot become impure (if it is exposed to impurity), unless it undergoes a change. This is the view of Imam Malik r.a. :

Imam Nawawi in al-Majmu’ said: Whether the impurity is solid or liquid.

A little water that has become unclean, if it reaches two kulah, will become sud again, even if adding unclean water does not cause it to change. A large amount of water that has become unclean becomes pure again after it has changed by itself, by adding or subtracting water, while there are still two kulahs left.

Second: Running the water over the member being washed. Therefore, it is not sufficient to just wipe the water without flowing, because that is not called washing.

Third: There is nothing in the wudu member that is harmful to the change of water, such as za’faran and sandalwood. A group of scholars is of a different opinion.

Fourthly: There should be no obstruction between the wash and the water, such as chalk, wax, hardened oil, ink marks that still have some substance in them, and henna.

It is different from oil that is still wet -even if the water still misses and the ink stains or ink stains.

It is also required, as the scholars have ruled: There should be no dirt under the nail that prevents the water from reaching the skin. A number of scholars were of a different view, including al-Ghazali, Az-Zarkasi and others, who confirmed their view and explained that this is something that can be tolerated, so long as it is ordinary dirt and not something like bread dough. (Ibn Hajar said: This opinion is da’eef).

Imam al-Adzra’i and others pointed out the weakness of this opinion.

In the book of At-Tatimmah and others, it is stated that what is found in Ar-Raudhah and others is that anything that is under the fingernails, if it can block water, is unacceptable.

Al-Baghawi said in the case of dirt caused by dust that it invalidates wudoo’, unlike dirt that comes from the body itself, such as crystallized sweat. This opinion has been confirmed in Kitab al-Anwar.

Fifth: Entering in time, for those who are continually impure, such as those who urinate and mustahadah women.

It is also required for such a person! He thinks that the time has come: Therefore, it is not permissible for him to perform ablution – like tayammum – for the fard or sunnah prayers that are timed, before the time has come, the funeral prayer before he is washed, the Tahiyatulmesjid prayer, before entering the mosque, or the Rawatib Ba’diyah prayer before performing the fard prayers.

The preacher who is constantly impaired must perform two ablutions or tayammum. The first is for the two sermons and the second is for the Friday prayer. For anyone else, one ablution is sufficient for both the sermon and the prayer.

It is obligatory for him to perform ablution every time he wants to do an obligatory duty – like tayammum – and it is also obligatory for a woman to search her vagina, change the cotton wool covering her vaginal opening and the strap, even if it has not changed from where it is.

The one who has urinary incontinence must pray immediately. If he delays it because there is some benefit, such as waiting for the congregation or the Jusnat prayer – even if it is past the beginning of time – or walking to the mosque, then there is nothing wrong with that.

Fardu Wudu

The fard of ablution is six:

First: The intention to perform ablution, to fulfill the obligation of ablution, to remove impurity for someone other than one who always has impurity, – all of which is up to the issue of renewed ablution – or the intention of purification from impurity, or purification to perform an act of worship such as prayer, which is an act of worship that is done only with ablution, or the intention of gaining the ability to perform an act of worship that requires ablution, such as prayer and touching the Mushaf.

In wudu, it is not sufficient to have the intention to be able to perform the acts of worship for which wudu is recommended, such as reciting the Qur’an, alhadith, entering a mosque or pilgrimage to the grave.

The legal basis for the obligation of intention is the Hadīth: “Acts are valid only with intention”. This means that the validity of the deed, not the perfection of the deed, is the intention.

With regard to the intention, it is obligatory to put the intention at the beginning of washing the face. If you put the intention in the middle of washing your face, that is sufficient, but you must repeat the washing that took place before the intention.

It is not permissible to put the intention before the washing of the face, because it is not permissible to equate the intention with part of the washing. The washing that coincides with the intention is called the beginning. Hence the haraamness of rinsing the mouth is removed if something from the face is washed with the rinsing, such as the redness of the lips, after the intention.

The main thing is to separate the intentions. He should set the intention for the ritual of wudoo’ when washing the palms, rinsing the mouth and taking a sip of water into the nose, and then set the intention for the obligatory wudoo’ when washing the face. In this way, it is not disregarding the virtue of continuing the intention from the beginning of wudoo’, to gargling, to siphoning water into the nose and washing the outer lips.

Second: Washing the skin of the face. Based on the verse: “So wash : your faces”.

The limits of the longitude of the face are: Between where the natural hair of the head grows and below where the two jaws meet – with the fat-hah of the lam – which ends in the face area, not the area below it and not the hair that grows below it. The latitude of the face is: Between the two ears.

It is obligatory to wash the facial hair. i.e. eyelashes, temple hair (eyebrows), moustache, lower moustache and beard – i.e. hair on. the chin: while the chin is where the two jaws meet -, ati-atis hair – hair that grows on the edge (of the cheeks) against the ears -, sideburns, which is hair that connects the atiati with the beard.

Included in the face area are the outer lips and the lid (sinome = Javanese): the upper part of the forehead where the hair grows, according to the Ashah opinion: The place of tahdzif (cleaning the hair) is not included in the facial area, which is the place where thin hair grows between the base of the ati-ati and the naz’ah (lengare = Javanese). It also excludes the nipples of the ears and the two naz’ah, which are the two areas free of hair left and right of the fontanel, as well as the bald spot, which is the overhanging area between the two naz’ah, if there is hair loss.

The parts that are not part of the face, it is Sunnah to wash.

It is obligatory to wash inside and outside every hair on the face that has passed, even if it is thick, because it rarely grows thickly there. But it is not obligatory to wash inside the beard and sideburns that are dense.

The stipulation for bushiness is that the skin should not be visible from between the hairs when in the assembly.

It is also obligatory to wash the part that cannot be washed in its entirety except by washing that part. This is because if something is obligatory and cannot be completed except with something else, then that thing becomes obligatory as well.

Third: Washing the two hands, that is, from the palms of the hands to the elbows, based on a verse of the Qur’an.

The things that come under the heading of fard (obligatory) washing are the hair and nails, even if they are long.

Branches:

If a person forgets to wash a part of his body, then he washes it the third time, or he repeats his ablution because he forgot, not because he renewed his ablution, that is sufficient.

Fourth: Wiping part of the head.

Imam Al-Baghawi said:. It should not be sufficient to be less than the level of the fontanel… The fontanel is the place between the two naz’ah.

Like the naz’ah, the hair-free skin behind the ears, whether it is skin or hair, as long as it is on the head, even if it is only half a hair. Because based on the verse.

This is because the Prophet (peace and blessings of Allaah be upon him) never wiped over anything less than the crown of the head. This was narrated from Imam Abu Haneefah (may Allah have mercy on him). According to the well-known view of Abu Haneefah, it is obligatory to wash a quarter of the head.

Fifth: Washing the two feet, along with the ankles of each foot, according to a verse. Or by wiping over the two khufoof, fulfilling the conditions.

It is also obligatory to wash the inside of holes or tears in members.

Branches:

If some kind of thorn enters the foot, where part of it is visible from the outside, then it is obligatory to pull it out and wash the place where it was pierced, because that place is considered outside.

If the thorn went all the way in, then it is regarded as an internal member. Hence his wudoo’ is valid, and it is not obligatory to wash the inside of the part that was pierced by the thorn, even if there is swelling in the foot or otherwise, so long as it has not broken. If it breaks, then it is obligatory to wash the inside, so long as it does not close up again.

Warning!

In the matter of bathing, the scholars mentioned: Indeed, the inner part of the hair ties is forgiven, if it ties itself.

An example of this is a person who has nits at the base of his hair, which prevent water from reaching his skin and make it impossible to clean it.

One of our teachers, Imam Zakariya al-Anshari, explained: This person cannot be compared to the above problem of hair ties. However, one who has nits should perform tayammum.

But our teacher (Ibn Hajar al-Haitami) who was his student said: The correct view is that it is forgiven, because there is an emergency.

Sixth: Order, as mentioned above. That is to wash the face, hands, head, then the feet first, based on ittiba’ (following the Prophet).

If the one who is impure dives, even in a small amount of water, with the correct intention mentioned above, his ablution is sufficient, even if the time for the dive is insufficient to perform ablution in an orderly manner.

Correct! If a person does ghusl with water and the intention of making wudoo’, then it is essential that it be done in an orderly manner. There is no problem here with not knowing whether there is a patch or patches of something other than the wudoo’ member that was not splashed with water, even if there is a barrier to the water, such as a candle. This is as explained by our teacher (Ibn Hajar al-Haitami).

If a person has both minor and major impurity, then ghusl for janabah is sufficient for both, if the intention of ablution is given. It is not obligatory to be certain that the water has reached all parts of the body, rather it is sufficient to be certain (because with the intention to perform ghusl, minor impurity becomes major impurity).

Branches:

If the one doing ablution or bathing doubts the purity of his limbs before he finishes his ablution or bathing, then he must purify them, and purify the limbs that come after them, (if) it is a question of ablution.

Or doubt after purification, then it does not have any effect.

And if the doubt is in the matter of intention, there is nothing wrong with that, according to some opinions, such as those in the Syarah Minhaj, which is written by our master.

He said: The following ruling can be compared to the uncertainty that occurs with regard to Fatiha before bowing. That is: If the purifier is in doubt as to whether he has washed all of his limbs or not, then he must repeat the washing, or he is in doubt as to the evenness of the washing, then he does not have to repeat the washing.

Hence, the words of the former (who doubted whether or not all the washings of the members were pure) are directed at doubting the presence of washings, not the distribution of washings.

Sunnahs of Wudu

It is Sunnah for the one who performs ablution to do so, even if he uses water that has been stolen:

1. Reciting Basmalah at the beginning of wudu, because it follows the Prophet (peace be upon him).

At the very least, what is read: Bismillah.

 Being perfect! Bismillahir rahmanir rahim.

Reciting Basmalah according to the opinion of Imam Ahmad r.a., is obligatory.

Before reciting the Basmalah, it is mustahabb to recite the Ta’awudz: and afterwards it is mustahabb to recite the two shahada and Alhamdu lillahil ladzee ja’alal maa-a thahuran. (All praise belongs to Allah who has made water a cleanser).

For those who forget to recite the Basmalah at the beginning of their ablution, it is Sunnah in the middle of their ablution to recite: Bismillahi awwalahu wa akhirahu (In the name of Allah from beginning to end). It is not Sunnah to recite it after finishing wudu.

The rites and procedures for reciting Basmalah above also apply to good deeds, such as eating, drinking, writing and wearing eye shadow.

What has been transmitted from Imam al-Shaafa’i and some of his companions is that the Basmalah is the beginning of wudoo’. This is also the view of Imam An-Nawawi in Majmu’ and other Imams. Therefore, the one who does wudoo’ should recite Basmalah at the same time as washing his hands, while he has the intention of wudoo’ in his heart.

A group of earlier scholars said: In fact, the beginning of the obligatory parts of wudoo’ is using the tooth-stick, and after that reciting the Basmalah (from these two opinions, it can be deduced that the beginning of the obligatory part of wudoo’ is reciting the Basmalah, and the obligatory part is using the tooth-stick).

Branches:

It is Sunnah to recite Basmalah when starting to recite the Qur’an, even if it is from the middle of a surah – outside or in prayer -: it is also Sunnah when taking a bath and slaughtering an animal.

2. Washing the two hands together up to the wrists, starting with reciting Basmalah, with the intention of ablution in the heart, even if one is doing ablution from a jug or is convinced of the purity of the hands, because this is based on ittiba’.

3. Miswak; by extending the inner and outer teeth and extending the tongue.

Based on a sahih hadith: “If I had not feared burdening my Ummah, I would have commanded it to use a tooth-stick for every ablution.” The command he is referring to is “obligatory”,

It is haraam to use a tooth-stick with something rough, even if it is a piece of cloth (gombal) or asynan wood (benalu).

The main one is to use ‘ud wood (harrow wood).

Even better is ‘ud wood that is still wet and smells good. Of these woods, the best is arak wood.

It is not mustahabb to use the fingers, even if they are rough. Meanwhile, Imam An-Nawawi chose the opposite opinion.

It is Sunnah to use the tooth-stick for every wudu and prayer, whether it is an obligatory or supererogatory prayer, even if it is after every two rak’ahs of salutations or if one has already used the tooth-stick during wudu’, and even if there is no separation between the prayer and the wudu’. (It is mustahabb to use the tooth-stick for each prayer, if there is no fear of impurity in the mouth.

This is based on a hadith narrated by Imam al-Humaidi with a jayid chain of transmission: “Two rak’ahs of prayer done with a tooth-stick are better than seventy rak’ahs without a tooth-stick.”

If he forgets to use the tooth-stick at the beginning of the prayer, then it is Sunnah to do it in the middle of it with a little action, just like wearing a turban.

Wiping the toothbrush is also Sunnah when reading the Qur’an or Alhadis, religious knowledge, and when the mouth stinks or changes color due to some kind of sleep or food that smells unpleasant: or the teeth are yellow, after waking up or going to sleep, when entering the mosque or house, after sahoor and when life is about to be taken away.

All.issues as indicated in the hadith of Bukhari Muslim. It is said that using the tooth-stick (in the state of sakratuk Maut) can hasten the exit of the spirit from the body.

From this Hadīth it can be concluded: Wearing a toothbrush is Sunnah for the sick.

When using the tooth-stick, one should intend to do the Sunnah, so as to gain the reward: one should also swallow the saliva from the first tooth-stick, but there is no need to sip the tooth-stick.

It is Sunnah to pick at the bits of food that are between the teeth, either before using the tooth-stick or afterwards. Wearing a toothbrush is better than scraping, but this view is contrary to that of other scholars.

It is not makrooh to use someone else’s tooth-stick, so long as permission is given or his willingness is known. If this is not the case, then it is haraam, as is taking someone else’s tooth-stick. That is if it is not customary to forbid using someone else’s tooth-stick.

It is makrooh for a fasting person to use the tooth-stick after the sun has gone down towards the west, so long as the odor of his mouth has not changed due to sleep, for example.

4. Gargling and inhaling water into the nose, because of ittiba’ to the Prophet.

At the very least: Inserting water into the mouth and nose.

It is not necessary to swirl the water around in the mouth, or to throw it up and spit it out of the nose, but these three things are merely optional, as is the case with swirling the mouthwash and siphoning for the one who is not fasting. This is all because of the command to do them.

It is Sunnah to collect the rinsing of the mouth and the sipping of water in three puffs: each puff is used to rinse the mouth and sip water.

5. Evenly wiping the entire head. This is because of following the Prophet (peace and blessings of Allaah be upon him) and avoiding the dispute between Imam Malik and Ahmad (may Allaah be pleased with them).

If the one who is doing ablution is content with wiping part of the head, then it is preferable to wipe the crown of the head.

The preferred method of wiping is to place both hands on the front of the head, forefingers together, two thumbs on the temples, and then rotate them and the other fingers backwards to the nape of the neck, then back again to the front.

If the head is hairy, the hair is flipped: and if it is hairless, then it is enough to turn the hand.

After wiping the crown of the head, it is Sunnah to complete the wiping of the turban or skullcap, if one is wearing one. Because of ittiba’ to the Prophet.

6. Wiping the two ears evenly, inside and out, and the two openings. Because of ittiba’.

Wiping the neck is not Sunnah, as there is no basis for it. ‘

Imam Nawawi said: Wiping the neck is an innovation, and those who describe it are Maudhu’ (false).

7. Rubbing the member. This means rubbing the hands over the limbs after they have been exposed to water. This avoids the scholarly disagreement that it is obligatory (Imam Malik).

8. Tweezing a thick beard. The preferable method is to use the right fingers, starting from the bottom and parsing and with a special siuk. The basis for this is ittiba’. If it is preferred, it is makrooh.

9. Interrupting the fingers of both hands with a pair of fingers and toes in any way.

The most important method: Stroking the toes from below with the little finger of the left hand, starting with the little toe of the right foot and ending with the little toe of the left foot. This means stroking the toes with the little finger of the left hand, from the bottom of the foot, starting with the little toe of the right foot and ending with the little toe of the left foot.

10. Extending the washing of the face. That is by washing the face as well as the front of the head, two ears and two socks.

11. Extending the washing of the hands and feet. This means including the shoulders when washing the hands and the calves when washing the feet. The maximum limit is to spread the washing over the shoulders and calves.

Based on the Bukhari-Muslim hadith: “Verily, on the Day of Judgment, my Ummah will be summoned with its face, hands and feet shining because of the traces of its ablution. So whoever is able to prolong his washing should do so.” Imam Muslim adds: “And prolong the washing of the hands and feet.” The meaning of the above Hadith: They will be called on the Last Day with their faces, hands and feet shining…:

At the very least, prolonging the washing can be done by going a little further than what is obligatory. As for completion, it is to evenly distribute the washing over the parts that have passed.

12. Repeating three times for every wash, wipe, rub, salve, miswak, Basmalah and Dhikr after wudu. Because it is based on ittiba’ to the Prophet.

The multiplication can occur by putting one’s hand into even a small amount of water and moving it twice in the water.

If he repeats the second wash, then the ruling of three multiplication applies, as explained by our teacher (Ibn Hajar al-Haitami).

It does not suffice if it is done before the obligatory washing, and it does not suffice after the completion of wudoo’.

Washing less than three times is makrooh, as is exceeding it with the intention of wudoo’, as discussed by a group of scholars. If it is done with water from the waqf of purification supplies, then the ruling is haraam.

Branches:

If a person is in doubt about the distribution or number of washes in the middle of wudoo’, then it is obligatory for him to take what he is certain of in a matter that is obligatory (such as doubt about the first wash or its distribution over the limbs). In such a case, it is obligatory for him to complete the wash, and it is Sunnah for him to take what he believes to be Sunnah (such as the second or third wash, etc.), even if the water used for ablution is waqf water.

As for hesitating after completing ablution, it does not have any effect.

13. All right. That is: giving precedence to the right when washing the hands and feet. As for the one who has broken his limbs, he is right-handed in all parts of wudu.

That is because the Prophet (peace and blessings be upon him) liked to give precedence to the right in purification and other positive actions, such as eye contact, wearing clothes, sandals, cutting nails, cutting head hair, taking, giving, shaving the head and interrupting.

Leaving the right side is makrooh.

In the actions of the opposite of tahrim (positive), it is recommended to give precedence to the left. That is, all actions that are categorized as negative and dirty, such as istinja, blowing your nose, taking off your clothes and sandals.

It is recommended to start washing from the upper part of the face, from the tips of the hands and feet – even if you perform ablution with water poured by someone else -.

It is also Sunnah to take the water for washing the face with two hands at the same time, and to place the container of water that is taken on the right side: and the container of water that is poured by someone else, on the left side.

14. To connect the acts of ablution with each other, for a healthy person. How to do it: Immediately wash one member before the one in front of it is dry. This is based on following the Prophet and avoiding the scholarly scholars’ opinion that it is obligatory (Imam Malik).

Reconnecting is obligatory for those who are affected by urinary incontinence.

15. Be careful to wash the heels, the tails of the eyes, the two edges of the eyes that are near – the nose, the glance and the other edge of the eyes, using the two tips of the forefingers respectively.

The ruling on the above ruling is if there is no eye discharge on the edge of the eye that prevents the water from reaching the bottom.

If there is dung in the eye, then taking care to protect the place is obligatory, as stated in al-Majmu’.

Washing the eyes is not Sunnah. In fact, some of the scholars said that it is makrooh, because it causes harm. It is obligatory to wash them only if there is najis (impurity) in them, because najis is a big thing.

16. Facing the Qibla during wudu.

17. Do not speak during wudu, except to say the remembrance of wudu, or if there is no need to speak.

It is not makrooh to greet someone who is in ablution, to greet him and answer him.

18. Not wiping off the water that is on the limbs of ablution, unless there is an excuse (e.g. cold and so on – pen) because of ituba’ to the Prophet (peace and blessings of Allaah be upon him).

19. Reciting the two creeds after doing ablution, if there is not a long interval between ablution and ablution according to the usual view.

(The one who performs ablution faces the qiblah, raises his hands and looks up to the sky – even if he is blind – while saying: I testify that there is no God but Allah, the One, with whom there is no partner, and I testify that the Prophet Muhammad is His slave and messenger.

According to a hadith narrated by Imam Muslim from the Messenger of Allah: “Whoever performs ablution and then says: I bear witness that there is no God but Allah and so on…, eight gates of Paradise will be opened for him, whichever one he enters from.”

Imam At-Tirimidhi adds: “O Allah, make me among those who repent and become pure.”

Narrated and authenticated by Imam Hakim: “Whoever performs ablution and says: Glory be to You. O Allah and with Your praise I testify that there is no God but You, I ask forgiveness and repent to You, it will be written on a piece of leather in a print that will not change until the Day of Resurrection – as has been authenticated by Imam Harim.” Meaning: It will not be canceled until he sees His great reward.

After that, recite the salutations to the Prophet Muhammad (peace and blessings be upon him) and his family.

Then recite Surah Al-Qadar three times, facing the Qibla without raising the hands.

With regard to the du’aa’ that is recited with the washing of each member, there is a strong basis for it. Hence, I have discarded it, as did the Shaykh of the Mazhab, Imam Nawawi.

It is said: When washing the limbs, it is recommended to recite: I bear witness that there is no God but Allah, the One, with whom there is no partner, and I bear witness that the Prophet Muhammad is His slave and messenger. The basis for this is a hadith narrated by Imam Al-Mustaghfiri, and he said: It is Hasan Gharib.

20. Drinking the water from the remains of ablution. Based on a hadith, that water carries the cure for: all diseases.

21. Sprinkling the remaining water from wudu on his clothes. This is to be done if there is any doubt that there is dirt on his clothes (and this is to remove any waswaas), as explained by our Master. As for the Prophet’s situation of sprinkling the remaining water from his ablution on his clothes, it was in response to such doubts.

22. Praying two rak’ahs after making ablution, as long as the time has not been too long by common standards.

The obligation to pray two rak’ahs is lost if there has been a long period of time, according to the general opinion. This is based on several forms of opinion. But according to some scholars: It can be lost by intending not to pray, according to some:

Because the members of ablution are dry: and according to some: Because they have become impure.

In the first rak’ah after reciting the Fatihah, it is Sunnah to recite the verse:  وَلَوْأَنَّهُمْ إِذْظَلَمّوُاأَنْفُسَهُمْ until the verse: رَحِيْمًا (Q.S. An-Nisaa: 64), while in the second rak’ah, the sunnah recites: وَمَنْ يَعْمَلْ سُوْءًا أَوْيَظْلِمْ نَفْسَهُ until the verse:   رَحِيْمًا (QS. AnNisaa’: 110).

Benefits:

It is haraam to purify oneself with water from the waqf that is reserved for drinking, as well as water that is not clear whether it is for drinking or purification, according to various opinions. Transferring the water provided for drinking to another place is also haraam.

If there is not enough time to pray the whole prayer in that time, then the one who is doing ablution must limit himself to washing or wiping, so he should not repeat it three times, and he should not do any of the other rituals. This has been explained by al-Baghawi and others, and is followed by the later scholars.

However, Imam al-Baghawi issued a fatwa on the issue of falling behind in prayer: It is permissible for a person to complete the obligatory parts of the prayer, even if he ends up missing one rak’ah in time.

Al-Baghawi differentiates between the issue of ablution and prayer in that the one who performs the prayer is focused on a purpose (i.e. prayer).

So he is punished in the same way as the one who prolonged the recitation in prayer (so that it went out of time).

Or when there is a small amount of water for ablution, which is only enough to do the fard.

If the one who does wudoo’ has water that is not sufficient for the completion of purification – if he repeats it three times or does any of the obligatory actions – or he needs to use the rest of the water for the thirsty animals honored by sharee’ah, then it is haraam for him to use that water to do any of the obligatory actions.

The same applies to ghusl for janabah.

The one whose ablution is Sunnah limits it to obligatory matters only, if he is in a hurry to attend a congregational prayer, for which there is no other congregation.

That is correct. With regard to the Sunnahs of ablution that some scholars say are obligatory, such as rubbing (according to Imam Maalik, it is obligatory), one should give precedence to them before praying in congregation. This ruling is in line with what has already been said about the haraamness of giving precedence to the delayed prayer because of an excuse over the Ada’ (cash) prayer,

Perfection:

Tayammum may be performed for major or minor impurity, if there is no water or fear of harm in using it, with dust – which is pure and purifying.

The pillars of Tayamum:

1. Intending to obtain the authority to perform the fard prayer, simultaneously transfer dust to the face.
2. Sweep your face.
3. Sweep both hands.

If a person is certain that he will find water at the end of the time, then it is better for him to wait. If he is not sure, it is better to hasten to do tayammum.

If a person is prevented from using water, then it is obligatory for him to do tayammum, to wash the healthy part of his body, and to rub water over the sanitary napkin that would be harmful if it were removed. The junub does not have to make an order between tayammum and washing the healthy part. If there are two limbs that cannot be exposed to water, then tayammum must be done twice.

With one tayammum, it is only permissible to perform one fard prayer, even if it is a vow. And the ruling is that it is valid to perform one tayammum for both the fard prayer and the Jenazah prayer.

Things that invalidate ablution

Namely, there are four reasons why ablution becomes invalid:

First: Believing that something other than semen has come out. Whether it is an object or wind, whether it is wet or dry, whether it comes out like urine or not like blood, etc., whether it is interrupted or not, like a worm that takes its head out and then returns.

A person who does wudoo’ comes out of one of the two openings, either through the rectum or the anal canal, even if it is a circular muscle that grows inside it (bawasir). Then the muscle comes out or grows longer than it was before.

However, according to the fatwa of Allamah Al-Kamalur Raddad, this muscle discharge does not invalidate wudu: What invalidates it is something that happens to be with it, such as blood.

According to Imam Malik r.a.: Wudu is not invalidated because what comes out is rare.

Second: Loss of consciousness due to drunkenness, insanity, apoplexy or sleep. Based on a saheeh hadith: “Whoever sleeps should perform ablution again.”

Drowsiness and the onset of drunkenness are excluded from loss of consciousness. Therefore, they do not invalidate wudoo’, just as one is in doubt as to whether he is asleep or sleepy: Whether he is sleeping or sleepy.

Signs of sleepiness are: still hearing the speech of the people around them, even if they don’t understand.

Wudoo’ is not invalidated by loss of consciousness due to sleeping in a sitting position, where the bed is close to the buttocks, which do not change from their original place, even if they are leaning on something that would otherwise cause them to fall, or sitting in a mierangkung (knee-high: Javanese) position, where the buttocks are not loose from the seat.

The ablution of a person who sleeps as described above becomes invalid if he wakes up having moved from his original place.

If it is just a matter of doubt: Whether his buttocks changed or not, changed before getting up or afterwards, then his wudoo’ is not invalidated.

Being convinced of a dream, in which one is certain that one does not remember sleeping, does not have any effect.

Otherwise, if he is doubtful about the duration, because the dream is won as the one that occurs in one of two possibilities.

Third: Touching a man’s private part or its place, if it is severed, whether it is the private part of a dead person or a child, the pubic opening or the anal opening, whether it is still attached or severed, other than the cut of the circumcision.

The part of the anus that invalidates wudoo’ is the lips of the anal opening, while for the lips of the farji (vagina), not the back parts of the lips, such as the clitoris.

Indeed! It is recommended to perform ablution after touching genital hair, anal opening. (It is prescribed to perform ablution after touching genital hair, the anal opening, the two testicles, the hair that grows on the penis, the groin, touching a young girl, a young boy, a person with leprosy, and a Jew: Also needling, looking at a woman with lust, even if it is one’s own family, saying immoral things, getting angry, carrying or touching a dead body, cutting nails, mustaches and head hair.

By stipulating human genitalia, it excludes animal genitalia, because there is no sex appeal in them. Therefore, the ruling on looking at animal genitals is permissible.

Touching, which invalidates wudu, is with the palms of the hands. This is based on the words of the Prophet Muhammad (peace be upon him): “Whoever touches his private parts – another narration says his penis – then he must perform ablution.”

What is meant by the palm here is: The inner part, the inner fingers, the edge of the palm that is squeezed together when pressed lightly. Excluded are the fingertips, the edges of the fingertips and the edge of the palm.

Fourthly: Skin contact between a man and a woman, even if it is without lust, and even if one of them is forced or dead, for the dead person his wudoo’ is not invalidated.

Skin here refers to anything other than hair, teeth and nails. Our teacher said: And other than the apple of the eye.

This is based on the words of Allah: “or when you touch a woman.” The meaning of “Laa mastum” is touching (not intercourse, as Imam Abu Hanifah thinks).

If a person is in doubt: Whether it was hair or skin, his wudoo’ is not invalidated. It is the same as if his hand touches skin, and he does not know: Is it the skin of a man or a woman, or is unsure whether he is touching a mahram or someone else.

Our teacher (Ibn Hajar al-Haitami) in Shahril ‘Ubab said: If a fair person is told that he touched a woman, or that when he slept with his buttocks pressed together, a fart came out of his anus, then it is obligatory to accept this notification.

Both are adults.

Skin contact between two young children, or one young child and the other adult, does not invalidate wudoo’, because there is no attraction.

What is meant by a child is any person who, according to the general rule, is not yet sexually attracted.

The touching of the skin of a man with a woman who is related to him as a mahram – whether by blood, breastfeeding or marriage (in-laws) – does not invalidate wudoo’, because there is no lustful attraction.

If his mahram woman is in the midst of other similar women whose number can be easily counted, and he touches one of them, his wudoo’ is not invalidated. The same applies if the number of women cannot be easily counted. On the basis of some commentaries.

The belief that one still has ablution or that one has become impure cannot be lost because of the belief to the contrary, nor – moreover – can the doubt about the opposite of belief, because it perpetuates the original state (sstishhab). Therefore, belief is what must be taken.

Cover:

Because of hadas, it is forbidden for a person to pray, circumambulate, prostrate or give thanks, carry a Mushaf, carry something inscribed with Algur-an, which is provided for study, even if it is only a part of a verse, such as a slate.

The evaluation of the purpose of using the text for learning and seeking blessings lies at the time of writing, not afterwards, or lies with the writer, whether for himself or for others for free (tabaru’): if not for free, then with the one who ordered the writing.

It is not forbidden to carry the Mushaf, if it is with other items, where it is not intended to be carried.

It is also forbidden to hold the sheets of the Mushaf, even if they are blank: or to hold the wrappings that are provided for wrapping.

It is not forbidden to turn the sheets of the Mushaf with a small piece of wood, as long as the wood is not attached to it.

It is also not haraam to bring a book of Tafseer of the Qur’an, which has more commentaries, even if they are not exactly known (in the case of Tafseer Jalalain, it is more prudent to bring it while in a state of ablution – pen).

It is not forbidden for a mumayiz child who is in a state of impurity – even if he is junub – to carry or touch the Mushaf for the purpose of learning, reading and studying it, such as bringing it to the table and presenting it to the teacher for study.

It is haraam to allow a child who has not reached the age of puberty to handle the Mushaf and other things, even if it is only a few verses.

It is also forbidden to write it in anything other than Arabic letters.

The same applies to putting a dirham in a place where the Qur’an or Islamic knowledge is written, or inserting it into the pages of the Mushaf – contrary to the opinion of our teacher -: tearing it with the intention of insulting it, swallowing something that has Algur-an written on it – if you drink Algur-an melted water, it is okay -: stretching your legs towards a Mushaf that is not on a higher level.

The Sunnah stands to honor the Qur’an, just as it honors the pious; in fact, honoring the Qur’an is more important.

It is makrooh to burn anything with Alguran written on it, unless one intends to preserve it. In this case it is better to remove it.

Prohibited Actions

Cause of Janabah:

Staying in the mosque and reciting the Qur’an, even if some of the verses are audible to oneself, and even if one is a child, concerning this (children who are junub), is contrary to the view of Imam An-Nawawi.

(The above is also forbidden) for women who are menstruating (and postpartum).

It is not permissible to pray, recite Qur’an or fast for a woman who is bleeding from thalg (blood that comes out due to the pain of childbirth).

Fasting that is missed here must be made up, while praying is not obligatory, based on several points of view.

Second Thaharah: Bathing

Bathing according to the meaning of the language: Running water over something. Whereas according to syarak: Pouring water over the body with the intention of taking a bath.

Bathing is not obligatory immediately, even if the cause of its obligation is done as a result of disobedience (such as adultery). This is different from washing the impurity that is done as a result of disobedience.

It is well known among the fuqaha that غُسْلٌ is pronounced with the dhammmah ghainnya. But reading the fat-hah ghainnya is more eloquent. The word Ghusl means the act of bathing and the water used.

There are four things that make ghusl obligatory:

“First: The first discharge of semen.

Semen can be identified by one of three characteristics: When it comes out, it is delicious, and it comes out in a clear stream: When wet, it smells of bread mix and when dry, it smells of egg whites.

If none of these signs are present, then ghusl is not obligatory.

If a person is in doubt as to whether it is maniy or madhiy, even if it is emitted with desire, he may choose to regard it as maniy and do ghusl, or regard it as madhiy and wash and perform ablution.

If a person sees dried maniy on his clothes, he must do ghusl and repeat his prayer, which he believes was done after the maniy was emitted, so long as it is not customary to assume that the maniy was from someone else.

Secondly: The entry of the head of the penis, or the nape of the neck, for a person who does not have a penis head, even if it is a detachable penis, an animal or a dead person. Into the vagina or anus, even if it is the vagina of an animal such as a fish or a dead person.

This kind of dead person does not have to be washed again, because he is no longer a mukalaf.

Third: Menstruation: This means after the termination of menstrual blood.

Menstruation is: Blood that comes out from the base of a woman’s womb on certain days.

The youngest age for a woman to menstruate is 9 years of gamaniyah, in full.

If a woman has bleeding before the age of 9 years and 16 days, it is also called menstruation.

The minimum period of menstrual bleeding is one day and one night, and the longest period is fifteen days (fifteen nights, even if the bleeding is not consecutive), as is the shortest period of purity between two periods.

Forbidden because of menstruation: All that is forbidden because of janaabah and sexual intercourse between the center and the knees. It is said: Nothing is forbidden except intercourse. This is the view preferred by Imam An-Nawawi in his book At-Tahqiq, based on the hadith narrated by Imam Muslim: “Do as you please, other than intercourse.”

Once the bleeding has stopped, it is permissible to do ghusl and fast, but not to have intercourse. This contradicts the discussion of Al-‘Allamah Al-Jalal As-Suyuthi (r.a.).

Fourth: Nifas: meaning, after the bleeding stops.

Nifas is the collection of menstrual blood that comes out after a complete birth.

The minimum period is a drop, usually 40 days, and the maximum limit is 60 days.

All that is forbidden because of menstruation is forbidden because of postpartum bleeding.

It is also obligatory to do ghusl for giving birth, even if it is not wet and what comes out is a clot of blood or flesh: and it is obligatory to do ghusl for the death of a Muslim who is not a martyr.

Fardu Mandi

The obligatory duties of bathing are twofold:

First: The intention is to remove janabah for those who are junub, or menstruation for those who menstruate. That is, to remove the rulings on janabah and menstruation.

It is also possible to intend to do the obligatory ghusl, to get rid of impurity, to purify oneself from impurity, or to intend to do the ghusl.

The same applies to the intention to take a bath for prayer. It is not enough just to intend to take a bath.

The intention is obligatory with the beginning of the ghusl. That is: The first washing of the body, even if one starts from the bottom of the body.

If the intention is only formed after washing a limb, then it is obligatory to repeat the washing of that limb.

If a person intends to get rid of janaabah and wash some parts of his body, then sleeps, and when he wakes up he intends to continue washing others, then he does not have to repeat his intention.

Second: Spreading water over the body, including the nails, the skin under the nails, the hair inside and out, even if it grows thickly: and all that is visible, such as the base of the hair that has fallen out before washing, the ear holes, the parts of the woman’s farji that are visible when sitting on the soles of her feet, and holes: holes and cracks in the body. These are also things that must be washed: The inside of smallpox boils whose tops are open. It is not obligatory to wash: The inside of scabs that protrude outward and are tightly closed, so that the inside is not visible,

It is forbidden to divide the limbs that are tightly joined to the original, including those that must be washed: The part under the glans penis for one who has not been circumcised (the glans is still intact). It is obligatory to wash it, because basically, the skin of the glans penis must be removed.

It is not obligatory to wash it: The base of hair that grows by itself (in places where it does not normally grow), even if there is a lot of it.

Gargling and sipping water into the nose is not obligatory, but refraining from it is makrooh (to avoid disagreement with Imam Abu Haneefah r.a. who said it is obligatory).

(Washing the above limbs) using purifying water.

As already mentioned, the change in one of the characteristics of water is that it affects whether it can be used for ghusl, even if that change occurs on the limbs of the person doing ghusl.

This is contrary to the view of a group of scholars.

In order to spread water over the skin and hair, it is sufficient to presume it, even if one is not certain of it. But it is sufficient to have a suspicion, as in the case of ablution.

Sunnahs of Bathing

It is recommended for both obligatory and naafil ghusl:

1. It begins with reciting the Basmalah.
2. The removal of pure excreta, such as sperm and snot, and unclean excreta, such as madhiy – while removing both impurity and dirt – can be done in one wash.
3. Peeing before ghusl is obligatory for one who has to do ghusl because of inzal (ejaculation, emission of sperm), so that the remaining sperm will come out with the urine.
4. Gargle and sip water into the nose and perform ablution completely after removing the dirt, because ituba’ to the Prophet (peace and blessings of Allaah be upon him) as reported by Imam Bukhari-Muslim.
5. It is Sunnah for the one who is doing ghusl to continue his ablution from minor impurity until he finishes ghusl, so if he becomes impure in the middle of ghusl, it is Sunnah for him to do ablution again.

Imam al-Muhamili’s opinion that ablution is only recommended in the obligatory ghusl is a weak opinion.

It is better not to delay washing the soles of the feet than to do a little ghusl – as Imam Nawawi explained in al-Raudhah – although there is information about delaying it in al-Bukhari.

If he does wudoo’ in the middle of the ghusl or afterwards, that is sufficient as well, but it is better to give precedence to wudoo’ before the ghusl.

Omitting wudoo’ in the case of ghusl is makrooh (because it avoids the scholars who say that wudoo’ is obligatory).

The ablution here should be done as a Sunnah for bathing, if the janaabah is free of minor impurity. If it is a minor impurity, then the intention should be to remove that impurity and its equivalent. This avoids the view of those scholars who stipulate that wudoo’ is obligatory, on the grounds that minor impurity cannot be included in major impurity.

If his wudoo’ is broken after all the parts of his wudoo’ have been washed, then he must do wudoo’ again in an orderly manner with the intention of praying.

6. Pay attention in washing the folded parts, such as the ears, armpits, center, eye sockets and cracked parts,

In washing the base of the hair, Jalu washes the head with plenty of water after the hair has been untangled. For anyone other than one who has severed his right and left hands, it is not prescribed to wash the right side of his head first.

Then wash the right side of the body and continue on the left.

7. Rubbing the parts of the body that can be touched by the hands – to avoid disagreement with the scholars who say that rubbing is obligatory (i.e. Imam Malik, while khuruj minal khilaf, mustahab -pen).

8. Repeating three times the washing of the whole body, rubbing the body, reciting the Basmalah and praying after bathing.

In the case of bathing in running water, the Sunnah of repeating three times has been established by moving the body three times, even if the soles of the feet do not change from their original position, on the basis of some research.

9. Facing the Qiblah, connecting, not speaking without a need, and not wiping water without an excuse.

10. After ghusl, it is mustahabb to recite the shahada and the accompanying supplication, as mentioned in the chapter on ablution.

11. It is Sunnah not to perform ghusl for janabah and other rituals, such as ablution with non-flowing water that does not become large, such as a lake that does not flow.

Branches:

If a person performs ghusl with the intention of taking a janabah bath and a kind of Friday bath with the same intention, then both are valid. Although it is better to separate each of them by doing ghusl on its own.

Or the intention with one of them, then succeed in what is intended only.

If a person becomes impure and junub, it is sufficient for him to do ghusl once, even if he did not intend to do wudoo’ and did not wash the parts of wudoo’ in an orderly manner.

Branches:

Those who are junub, menstruating and postpartum after the bleeding stops, it is recommended for them to wash their private parts, and do ablution when going to sleep, eating and drinking. If they. If they (those who are junub and so on) do these things before doing wudoo’, it is makrooh.

Before bathing, one should not remove hair, nails and (fresh) blood. Because all of these will be returned in the Hereafter in a state of junub.

 When bathing, it is permissible to be naked in a quiet place, or in the presence of someone who is allowed to see his ‘awrah, such as his wife and female slaves. However, it is preferable to cover them.

It is haraam to do ghusl naked in the presence of someone who is forbidden to see his nakedness, just as it is haraam to be naked in a deserted place without a need.

It is permissible to be naked in a quiet place, (if there is a need), even if the need is very small, as will be explained later.

SECOND CONDITION OF PRAYER

Second Prayer Requirement: Purity of Body

The body is included in the mouth, nose and two eyes.

His clothes and everything he carries, even if he does not move, if he does move, and the place where he prays, are pure from all impurities that are not forgiven.

Therefore, the prayer of a person who is not pure from impurity is invalid, even if he forgets about the presence of impurity, or forgets that the presence of impurity invalidates the prayer.

Based on the words of Allah swt: “And purify your clothes,” and . based on the hadith narrated by Imam Bukhari Muslim.

There is nothing wrong with the praying person’s body coming into contact with unclean things, but it is makrooh, just as it is makrooh to face unclean things.

The same applies if the unclean item is located on a roof that is not far from the one praying, so long as the general judgment does not say that it is on the same level.

Outside of prayer, it is not obligatory to put away the impurity. This is so long as one does not deliberately smear the impurity on his body or clothes. Therefore, intentionally smearing is haraam, if there is no need to do so.

Impurity according to syarak: Any impurity that hinders the validity of a prayer performed in a state of exemption.

Such as: 1-2 Feces (tahis, facces), urine, even if it comes out of birds, fish, locusts and animals that bleed not flowing, or from animals whose meat is lawful to eat, according to the Ashah opinion.

Al-Ashthakhri and Ar-Rauyani, from among the Shaafa’is, as well as Imam Malik and Ahmad, said: The feces and urine of animals that are lawful to eat are pure. If an animal defecates or vomits seeds, then if the seeds are hard, in the sense that if they are planted they can still grow, then they are ruled like unclean things: if they are not hard, they are ruled unclean.

In that case, the jurists did not explain the ruling on anything other than grains.

Our teacher explained: What is clear is that if there is any change in anything other than the grain from what it was before it was swallowed, even if it is a little bit, then it is unclean: otherwise it is an item that is subject to uncleanliness.

In al-Majmu’, Imam Ash-Shaykh Nashr explained that the urine of the miller that gets on the grain that is being milled is forgiven (because of the emergency).

From Imam Al-Juwaini’s explanation, it is evident that he refuses to discuss and offer the item.

According to the discussion of Imam Al: Fazari, that if a rat’s feces enter a liquid and it is a common disaster, it is forgiven.

As for what we see on the leaves, such as foam, it is unclean. This is because it comes out of the stomach of the worm, as we have seen.

‘Anbar is not feces – contrary to the opinion that categorizes it as such – but it is a plant that grows in the sea.

3. Madhi: with the point of the penis – on the grounds that there is a command to wash the penis from it.

It is a white or yellow liquid that usually comes out when the sexual desire is not so strong.

4. Wadi, written in dotted dal. That is: White, dirty and thick water that usually comes out after urinating, or when carrying something heavy.

5. Blood, even if it is only a spark that remains on some kind of bone. However, such blood is regarded as advanced.

The jurists excluded: The liver, spleen, mycelium – even if it is from a dead deer – a clot of the blood of a baby’s seed, a clot of the flesh of a baby’s seed, milk that comes out blood-colored and the blood of an egg that is fresh, not rotten.

6. Pus, because it is blood that has undergone changes. Blood pus is a non-viscous fluid mixed with blood.

7. Wound water, ulcer water, scab water, if it has changed, if it has not changed, then it is pure as before.

8. Vomit from the stomach, even if it does not change from its original state.

Vomit is food that comes back out after reaching the stomach, even if it is water.

With regard to food that comes out again before it reaches the stomach, whether it is certain or possible, it is not unclean, nor is it an object subject to uncleanness, unlike the opinion of Imam Al-Qaffal.

Our teacher said: A sick infant who vomits frequently, and the vomit that touches the mother’s nipple and enters her mouth is dima’fu, unlike the vomit that touches her when kissing her or touching her mouth.

9. Bile, the milk of animals that are not lawful to eat, other than humans, and the second chew of a camel (ruminant).

Regarding sperm, the ruling is that it is pure, unlike the opinion of Imam Malik r.a.

Other than that which comes out of the stomach, such as from the head or chest, and mucus from the mouth of a sleeping person, even if it has a foul smell and is yellow, so long as it is not clearly coming out of the stomach: in addition to the mucus of a diseased person who always secretes stomach mucus, this kind of mucus is makrooh, even if there is a lot of it.

The water of the farji (bartholin glands) is pure, which is white water that is halfway between madhiy and sweat, and comes out of the inner part of the farji, which is not required to be washed. This water, according to the correct view, is pure, without any dispute.) This is different from that which comes out of the inside of the private parts, which must be washed. Water that comes out of the private parts of the vagina is definitely unclean, and is like everything else that comes out of the private parts (except eggs and babies), and like the water that comes out with or before the baby is born, according to the most correct view: The water that is in the vagina makes no difference whether it has separated from the vagina or not:

Some scholars said: The difference between pure and impure farji water is whether it is separated or not. In al-Kifayah, the view of Imam al-Haramayn is that separated water is najis.

It is not obligatory to wash the penis after intercourse, eggs and newborn children.

Our teacher gave a fatwa that the basaban bawasir (tran fluid, plasma sudation) is forgiven for the person affected by the disease.

They are also pure: The eggs of animals whose meat is not lawful to eat, -the eggs of these animals according to the Ashah are lawful to eat-, the hair and fur of animals that are lawful to eat, if they have been plucked out during their lifetime. If there is any doubt as to whether the hair is from a lawful or unlawful animal, or whether it is from a living animal or a dead animal, then the ruling on the hair is that it is pure.

In this case, bones can be compared to fur. This is what is explained in al-Jawahir.

If a carrion egg is hardened, it is pure, but if it is soft, it is unclean.

The water left over from drinking from a pure animal is also pure. If its muzzle is impure and it licks a little water or other liquid, then the ruling is the same: If, when drinking, the animal has gone away for a period of time that would allow it to purify its muzzle, and it returns by dipping into plenty of water or running water, then the little water is still pure, even if the animal is a cat, otherwise, if it has not gone away as mentioned above, then the ruling on the little water is unclean.

Our teacher (Ibn Hajar al-Haitami, as well as Imam As-Suyuti) said – following the Mutaakhirin: The smallest amount of impurity according to the general opinion is dima’fu, which is hair, other than mughallazhah, the smoke of unclean things, the impurity found on the legs of flies, even if it is visible to the eye, the excrement left at the discharge point (anus), the excrement of birds, the impurity found on their snouts, the excrement of animals that grow in water (such as leeches) or the excrement of small animals that live in the spaces between the nyiur leaves that are woven to hold rainwater on the roof of a house, even if it is difficult to save the water from such excrement.

A group of scholars are of the view that: Among the impurities for which there is forgiveness is the impurity that rats carry from the toilet rooms, if the impurity is flat, and this view is corroborated by Imam al-Fazari’s discussion.

The condition that these impurities are forgiven is that they do not alter the water. -finished-.

The muskrat is pure. But the impurity that is present in some of its fur, such as three strands, is forgiven. The scholars did not explain: What is meant by a few hairs is what is taken from the muskrat or what is left in the container from which the muskrat is extracted.

In this regard, our teacher explained: The correct view is the earlier one (the hair taken from the civet), if the musk is solid. This is because what is considered in terms of density is the place where the impurity is (the basis of the Hadīth): The Hadith concerning the rat that fell into the porridge).

If the impurities are many and they are in one place, they are not forgiven in that place (solid objects): if the impurities are few, they are forgiven. This is different with liquid things, because the total amount is like a single item.

If the hair in the liquid is small, then it is forgiven: otherwise it is not forgiven. And it has nothing to do with the hair of a weasel taken in the state of liquid musk.

Imam al-Muhib al-Thabari quoted Ibn Shabagh as saying that the food that camels and other ruminants take out to chew twice does not defile the water that they drink.

He also equates the ruling on the mouths of ruminants, such as calves and sheep, when they suckle their mothers’ teats, with the above issue.

Ibn Shalah said: Anything that is exposed to a little dirt from the baby’s mouth, which is clearly unclean, is forgiven. In addition to Ibn Shalah equating the ruling on the mouths of the insane with the mouths of young children above. Like this, Imam Az-Zarkashi has held firmly.

10. (This is another unclean thing): Carcasses, even if they are like the carcasses of flies, which are animals that do not bleed. This opinion contradicts Imam al-Oaffal and the scholars who followed him, about the purity of animals such as flies on the grounds that there is no rotten blood on them, which is in line with the opinion of Imam Abu Hanifah and Malik r.a..

Therefore, carcasses are unclean, even if they do not bleed (cold blood). The same applies to its hair, bones and horns. This opinion differs from Imam Abu Hanifah r.a. He argued: The hair of a carcass and so on is pure, if there is no fat on it (if there is fat, then it is unclean).

Al-Hafizh Ibn Hajar Al-‘Asqalani (a renowned hadith scholar) issued a fatwa that the prayer of a person carrying a dead fly is valid if he is in a place where it is difficult to remove it.

Other than human carcasses, fish and locusts. The reason is that fish and locusts are lawful to eat. Regarding human carcasses, based on the words of Allah: “And indeed We have glorified man”, and among the ways in which We have glorified him is by ruling that he is unclean because he is dead.

And other than a hunted animal that dies before it is slaughtered (for example, it dies because of a hunting animal or a sharp instrument). The same applies to the fetus of an animal that dies because its mother was slaughtered.

The ruling is that it is permissible to eat caterpillars that come with something else (such as fruit), and it is not obligatory to wash one’s mouth after eating them.

It was narrated from some of the Ashhabus Shaafa’is in al-Jawahsh that it is not permissible to eat salted fish before removing the impurities from its stomach.

According to the birth of the opinion, “there is no difference between big and small fish.

However, our teacher (Ibn Hajar al-Haitami) pointed out that it is permissible to eat a small salted ikin with the feces in its stomach, because it is difficult to clean it.

11. Intoxicating substance, i.e. anything that causes intoxication, including a drop of anything that causes intoxication.

Liquid, such as wine, which is a drink made from grapes, and .nabidz, which is an intoxicating drink made from other than grapes.

The words “liquid”, exclude a type of cannabis tree and grass.

Khamar becomes pure after it turns into vinegar by itself, without any other substance – even if it does not affect its transformation into vinegar, such as gravel – the container becomes pure as well, even if the wine boils and bubbles up, then because of the boiling recedes downwards again.

If the effervescence of the wine is not due to boiling, but to shaking, for example, then the wine is not regarded as pure. Even if other wine is poured over the container before or after it has dried, on the basis of some commentary, such as that held by our Master.

According to what our teacher, Al-Muhaggig Abdur Rahman ibn Ziyad, held: Wine becomes pure if the other wine is poured before the upper wine dries, not after it dries.

Then he said: If wine is poured into a container and taken back, then after it has dried, another wine is poured into the container and the container has not been washed, then this wine cannot be pure, even if it has changed after being transferred to another place. -finished-.

The tell-tale sign that the wine has become vinegar is that it tastes sour, even though it is not really sour and is still bubbly.

The skin of an unclean carcass may become pure: By tanning it until it is clean: if it will not rot and disintegrate afterwards, if it is immersed in water.

12. Including unclean: Dogs, pigs, and their respective offspring in a single breed or mating with other (sacred) animals.

The caterpillars of dogs and pigs are pure. So are the threads of spiders: according to the most common opinion, as stated by Imam As: Subki and Imam al-Adzra’i.

The authors of al-Uddah and al-Hawi have ruled that spider threads and things that come out of the skin, such as live snakes, are unclean, as is the ruling on sweat. This has been ruled on by some of the scholars.

However, our teacher is of the opinion: There is a specific view on this matter. What is closer to the truth is that what comes out of a live snake is unclean, because it is a self-formed part that is separate from the living animal, so it is ruled like carrion.

Our teacher argued again: If a dog or pig has intercourse with a woman and gives birth to a human baby, then that baby is unclean. In addition to that, he is a person who is obliged to pray and so on. What is clear is that contact with the child in a situation of necessity is forgiven.

It is valid for him to lead the prayer – he does not have to repeat the prayer – and he can enter the mosque for congregation and so on, even if his body is dry.

Washing an item affected by the najis Ainiyah, is to wash it until the characteristics of the najis, such as taste, smell and color, are removed. : :

The color of the impurity or its smell, which is difficult to remove – even if it is from mughallazhah impurity – does not matter.

If the color and smell are still present, then the object is not pure.

An item that has been exposed to hukmiyah najis – such as urine that has dried and lost all its characteristics – can be purified by running water over it once. If it is grain or meat cooked with an unclean substance, or clothes dyed with an unclean substance, then the inside may become pure by watering the outside, just as a sword forged with an unclean substance may be purified by watering the outside.

It is required that the place of impurity be clean, so that a little water reaches the place of impurity.

If the unclean item is dipped in a little water instead of a lot, then the little water becomes unclean, even if the water does not change. Therefore, the water cannot purify other items.

The water that comes to the place where it is impure is not the same as the other (the impure place that comes to the water), because the water in the first form is able to repel impurity (on oneself and others) by its power.

If a person’s mouth is impure, then it is sufficient to take water with the hand and wash it, even if it does not come out of his mouth, as our Master said.

In addition, the dha is obliged to search the outside of the mouth, even if it is just to swirl the water with his hand.

It is like pouring water into a container that is impure, then turning it to the left and right sides (the wu is sufficient for the container to be unclean).

For people like me in mas, it’s not okay to swallow something before the mouth is open again, even if it’s just swirling around in the throat.

Branches:

If an inch of soil is exposed to urine and dries up, then water is poured over it, and it becomes sua, even if the water does not enter the pores of the soil, whether the soil is hard or loose.

If the soil is not able to absorb the impurity, then before pouring a little water, the impure object must be removed, as if the impurity was in a place.

If the unclean substance is hard and has crumbled and mixed with dust, then the place where the unclean substance was found cannot be made clean by pouring water “as dust mixed with some kind of bloody pus”, but all the soil (dust) that was mixed with the unclean substance must be removed.

Some of the jurists have ruled that it is obligatory to wash a Mushaf that has been affected by an impurity that is not ma’fu, even if it causes damage, or belongs to an orphan.

Our teacher said: Even washing the Qur’an with impurity is fardu ain. It is different if the impurity is only on some kind of cover or edge of the Mushaf.

Branches:

The water used to wash an impure item – even if it is a ma’fu impurity, such as a speck of blood – is pure. If the water has separated (from the place where it was washed), and the material and properties of the impurity have disappeared, the water does not change, its weight does not increase after taking into account the water that soaked into the clothes (that were washed) and the extra water from the dirt, and the place that was impure (clothes) that is pure again.

Our teacher said: Obviously, for the calculation of the amount of water absorbed and that which is additional to the dirt, it is sufficient to just guess.

Branches:

If a mouse falls into the midst of solid food, such as samin porridge, and dies, it is sufficient to pick it up and discard the part around it that was affected. The rest remains pure.

The limit of food being called solid is that if you take part of it, the left and right parts do not melt into the part that was taken.

Branches:

If a small amount of water in the toilet is impure, then it cannot be purified by draining it. Rather, the water must be left to increase from its source, or by adding more water:

If the water of the latrine is plenty, but it has been changed by the impurity, then it cannot become pure until the change is removed.

If there is still some impurity in this large amount of water, such as rat hair, and the water has not changed, then it is regarded as pure, and it purifies, but it cannot be used (by taking it with a bucket or otherwise).

(The water cannot be used) because the scooping bucket is constantly exposed to the unclean ramLut.

The water in the perigi should be drained first.

If a person scoops before the water has been drained, and he does not believe that a mouse hair has come along, then there is nothing wrong with that (the water remains pure), even if he has a suspicion that a hair has come along: the inclusion of hair is based on mele: the principle of giving precedence to the origin over the external law.

A thing that is impure like a dog (najis mughallazhah) can become pure again by washing it seven times, after the impurity has disappeared, even if it has disappeared after several washings, in which case it counts once. One of these washes is mixed with dust that is valid for tayamun, which is mixed with water, at least it becomes cloudy and there are traces of it in the water, and the seven washes cover the place where the impurity has occurred.

If the unclean item is put in water that is not running, it is sufficient to move it seven times.

Our teacher said: In this case it is clear that going there counts once, and coming back again counts once more.

If it is put in running water, seven streams of water are sufficient. If it is on dusty ground, then the water does not need to be mixed with dust (i.e. the ground that has this impurity, then purified).

Branches:

If a person touches a dog in a lot of water, then his hand does not become unclean.

If a dog lifts its head from a container filled with (a little) water and its mouth gets wet, but it is not known that it has touched it, then the water is not ruled unclean.

Imam Malik and Imam Dawudr.a. said: The dog is pure (and according to Imam Malik, the pig is pure). A little water licked by a dog does not become unclean. However, the container that was licked by the dog must be washed, solely because of the emphasis on worship (not because it is unclean).

Uncleanliness that is forgiven (ma’fu) exists:

1. All kinds of mosquito blood, including all insects with cold blood, such as lice and fleas. If the skin is not included, it is forgiven.

2. Blood similar to scabies, such as fire boils (udun semat), blood from wounds, pus and blood pus (nanah uwuk: Javanese).

Even if the blood of mosquitoes and scabies is much and flows together with sweat.

For the first one (mosquito blood), even if it stains the clothes -according to the narration. narration that can be held–.

(Provided that) the blood was not cultivated by the person concerned.

If the blood is abundant because of effort, such as deliberately killing mosquitoes on one’s clothes, squeezing out scabies, wearing clothes that are stained with the blood of mosquitoes, for example, and then praying on them, or the mat on which one prays is stained with blood, or wearing extra clothes that bleed for no purpose other than adornment, then this kind of blood is not forgiven, unless it is only a little blood – as the correct view says – and the blood is only a little.

This is what is stated in the books of At-Tahqiq and Al-Majmu’, although the “book” of Ar-Raudhah states that the chapter on blood from scabies, even if it is squeezed and there is a lot of it, is null and void: Ibn Nagib and al-Adzra’i relied on this book of Ar-Raudhah.

The status of forgiveness in this case, and the one that will be discussed later, lies in the use of prayer, not in the small amount of water, because this makes the water impure, even if the amount of impurity is small.

It does not affect the body that is wet with a little blood that is forgiven, and it is not obligatory to wipe the body, because that is difficult to do,

3. A small amount of blood from another person, which is not mughallazhah impurity. This is different if there are many impurities. Other people’s blood is included in this category, as Imam al-Adzra’i said: One’s own blood that has separated, and then gets on his body.

4. Some menstrual blood and nasal blood, as stated in al-Majmu’.

Associated with them is the blood of all bodily orifices other than unclean passages, such as the cloaca (anal or anal opening).

The basis for judging a little and a lot is the prevailing custom.

That which is still in doubt as to its amount is considered to be little.

If there is blood scattered in various places, even if it is collected in large quantities, according to Imam Al-Haramain, it is considered a little blood. But according to Imam AlGhazali, Al-Mutawalh and others, it is considered to be a lot of blood. This latter opinion has been corroborated by some of the jurists.

5. Blood that comes out due to needling and cupping, even if it is a lot, while it is still in place.

The prayer is valid for a person whose gums bleed before washing them, so long as he has not swallowed saliva during prayer. This is because the blood of the gums is dima’fu in the sense that it mixes with saliva.

If a person starts bleeding from the nose before the prayer and the bleeding continues, then if it is hoped that the bleeding will stop while there is still time for the prayer, he should wait for it to stop, otherwise he should put a bandage on his penis like a person who urinates.

The other view is that she must wait for the bleeding to stop, even if the time has elapsed, just as the prayer must be delayed because of the washing of unclean clothes, even if the time has elapsed.

The issue of nose bleeds and washing clothes must be distinguished, because in the case of washing clothes that are impure, there is the ability to remove the impurity from its source (before praying): This is not the case with nose bleeding (because the person who is bleeding his nose is not able to remove the blood).

6. A little mud through which water passes that is believed to be impure, even if it is mughallazhah impurity. This is because it is difficult to avoid it. (But) so long as the impurity is not obvious.

(This issue of forgiveness of impurity is differentiated according to time (hence what is forgiven in the rainy season is not forgiven in the dry season) and place, i.e. clothes and body (hence what is forgiven on the lower part of the clothes and on the feet is not forgiven on the sleeves and hands -pen).

If an impurity is confirmed to have come from the street, then it is not forgiven, even if it is a dog’s street, or even a meratai street. This is based on various commentaries.

Our teacher gave a fatwa on a road that is not muddy, but on which there is human, dog and other animal excrement, then rain water gets on it, so the impurity is forgiven, even if it is difficult to avoid it.

Essential Rules:

That is: Something that was originally pure, then it is assumed that it became impure on the grounds that such things are generally impure. There are two opinions concerning this matter, which are known as origin and birth or ghalib.

The more correct of the two opinions is that the item is pure, on the basis of “established belief”, which is more reliable than “customary practice”, which varies according to circumstances and time.

This can be exemplified by the clothes of wine makers, menstruating people, children, religious communities whose teachings use unclean items, leaves that have fallen in unclean places, baby saliva, the famous jukh silk made from pig fat, the famous Sham (Syrian) cheese made from the big belly of a pig.

The Prophet (peace and blessings of Allaah be upon him) was served cheese from the people of the Levant, and he ate some of it, and did not ask what it was made of.

These are some of the rules that are stated by : Our teacher (Ibn Hajar al-Haitami) in Sharhah Mimhaj.

7. Istijmar marks, stains, fly droppings, urine and bat droppings, if they get on the place of prayer, clothes or body, even if they are many, because it is difficult to protect them.

8. The droppings of any bird if they hit a place, on condition: The place where the droppings are found is dry. In fact, according to the conclusion of the discussion in al-Majmu’ (by Imam Nawawi), it is also forgiven if the dung gets on the clothes and body. ,

Rat droppings, even if they are dry, are not forgiven – on the basis of several opinions.

However, our teacher Ibn Ziyad issued a fatwa, following the view of some of the later scholars, that rat droppings are forgiven if they are meratai, just as bird droppings are meratai.

It is not valid to pray with a person who is carrying a person with a stone, or with an animal that has an unclean discharge, or with a slaughtered animal that has been cleaned but the impurities in its stomach have not been removed, or with a carcass such as a human or a fish that has not been cleaned of impurities in its stomach, or with a barren egg that has blood in it.

A person’s prayer is also invalid if he is carrying something on which the tip is impure, even if the tip does not move because of the movement.

Branches:

If a person sees that another person is about to pray and his clothes contain impurity that is not excused, then he must inform him of that.

Similarly, it is obligatory to teach someone who: a sees that he is violating the obligations of worship according to the imam he follows.

Istinja

Enhancements:

Istinja using water is obligatory, after expelling any wetness that melts.

Istinja is sufficient when it is thought that the impurity has been removed. Thus it is not recommended for a person to smell his hands.

The obligatory istinja is done by loosening the limbs, so that no traces of impurity remain in the folds of the edges of the anal opening (cloaca).

Istinja can also be done using a hard object that can soak, by means of three strokes, each of which scours the unclean place and cleans it.

It is recommended for those entering the toilet to put their left foot first, and their right foot first when exiting. This is the opposite of entering/exiting the mosque.

It is also Sunnah to give up something that has a great name, such as the Qur’an, the name of the Prophet and Angels, even if these names are also used to name others, such as Aziz and Ahmad, if these names are desired as great names.

It is also recommended to be silent at the time of the discharge, even if it is not in the form of dhikr: outside of this time, one should leave the form of dhikr alone.

You should take a place away from people, and make a cover.

It is not permissible to relieve oneself in a public body of water that does not flow and does not have a source, or in a public place of play, such as a street – some scholars say that this is haraam – or under a fruit-bearing tree that grows on one’s own land or on someone else’s land, if one does not know that it is permissible to relieve oneself there, then it is haraam.

He should not face the qiblah or turn his back to it. This is haraam if it is done in a place that is not designated for relieving oneself and is not covered.

If his chest is facing the qiblah and his genitals are turned away, then he urinates, then there is nothing wrong with that. It is different if he does the opposite.

It is also Sunnah not to use a tooth-stick and to spit in his urine.

One should pray when entering the toilet: Allahumma … and so on (O Allah, I seek refuge with You from the temptation of the male and female devils).

When you go out you pray:. Alhamdulillahilladzi… and so on. (I ask forgiveness from You. All praise belongs to Allah, the One who has removed sickness from me and granted me health).

Then after istinja recite: Allahumma … and so on. (O Allah, purify my heart from hypocrisy, and fortify my farj from any form of abominable deeds).

Al-Baghawi said: If, after performing ritual ablution, one is in doubt: Have I washed my penis or not? Then he does not have to repeat it.

THIRD CONDITION OF PRAYER

Third Prayer Requirement: Covering the Body Parts

That is from the center to the knees! For men, even if they are children, and even if they are mukatab or ummu walad, even if they are alone in a dark place.

Based on a sahih hadith: “Allah will not accept the prayer of an adult except with a head covering (for a woman).”

It is obligatory to cover the part from the center to the knees, so that it is clear that the ‘awrah has been covered (because: Maala yatimmul waajibu illa bihi, fahuwa waajib -pen).

And covering the whole body, except for the face and the hands up to the wrists, for free women, even children.

The covering is something that does not reveal the color of the skin in conversation. This is the limitation given by Ahmad ibn Musa ibn ‘Ujail.

It is permissible to cover the ‘awrah with a garment that shows the shape of the body, but this is khilaful aula.

The obligation to close is from the top and sides, not from the bottom.

(It is obligatory to cover it) if each of the men, free women and amat, is able to cover it.

With regard to the one who is unable to cover his ‘awrah, he must pray naked and does not have to repeat his prayer, even if he still has an impure covering that he is unable to wash.

But if he is able to purify it, (then he should not pray naked, but should wash it) even if it is outside the time of prayer.

If a person is only able to cover part of his ‘awrah, then he must cover it with something that is available. In this case, it is better to cover the udder and anus first: if that is not enough, then cover the udder only, then the anus.

If what you have is a silk garment, then it is not permissible to pray naked, but you must wear the silk. This is because wearing silk when there is a need for it is permissible.

If he does not have any clothes, he must cover his ‘awrah with mud or the like.

The one who wears clothes is valid to pray with the one who is naked.

(Even if he is going to pray) naked, it is still not permissible for him to ghasab the clothes for prayer.

For those who pray, it is recommended to wear the best clothes, shawl, turban, kurung and toga.

If a person has only two prayer garments, then one should be worn and the other should be draped over it, if there is a sutrah in front of it, but if there is no sutrah, then one should be used as a prayer mat, as our Master has ruled.

Branches:

Covering the ‘awrah, as mentioned above, is also obligatory outside of an error, even with unclean clothes or silk, if that is all that is found, even if one is in a quiet place.

It’s just that in a quiet place what is obligatory for a man is to cover the cubicle and anus, while for other men, it is obligatory to cover from the center to the knees.

It is permissible to uncover the ‘awrah only for minor purposes, even if it is inside the mosque, such as cooling the body, keeping clothes from dirt and dust when sweeping the house, bathing or the like.

FOURTH CONDITION OF PRAYER

Fourth Prayer Requirement: Knowing the Time of Prayer

That is, knowing that the time for prayer has come,” with confidence or estimation.

If a person prays without knowing the time of entry, his prayer is not valid. Even if it is done within the time.

This is because the evaluation of an act of worship is the believer’s estimation and reality. The evaluation of a contract, on the other hand, is the state of the contract itself.

The time of Zhuhr prayer is from the time the sun leans towards the west, until the length of the shadow equals the object, after estimating the shadow of istiwak, which is the shadow that occurs when the sun is culminating (at the zenith), if the shadow of istiwak exists (because in some countries the shadow of istiwak does not exist, for example in Mecca, on some days -pen).

The name “zhuhur” is given because it is the first time the prayer is performed clearly (in Islam).

The time of the ‘Asr prayer is from the end of Zhuhr until the entire arc of the sun sets on the horizon.

The time for Maghrib prayer is from sunset until the red light disappears.

The time for the Isyak prayer is when the red light disappears. -In this case, our teacher was of the opinion: It is Sunnah to delay the ‘Isyak prayer until the yellow and white light disappears, on the basis of avoiding disagreement with those scholars who say that it is obligatory, until the dawn breaks.

The time of the Fajr prayer is from the break of dawn – not fajr kadzib – until the sun partially rises.

The ‘Asr prayer is called the ‘Wustha’ prayer, as stated in the sahih hadith.

The prayer of ‘Asr is the most important prayer, followed by Fajr, ‘Isyak, Zhuhr and then Maghrib. This is as explained by our Master from several proofs.

However, the scholars give more weight to the Fajr and ‘Isyak prayers, because they are more difficult to perform.

Imam Ar-Rafi’i said: The Fajr prayer, is the prayer of Prophet Adam a.s., the Zhuhr prayer, is the prayer of Prophet Dawud a.s.: Asr prayer, is the prayer of Prophet Solomon a.s.: Maghrib prayer, is the prayer of Prophet Ya’quba.s.: and Isyak prayer, is the prayer of Prophet Yunus a.s.. -exhausted-.

Know that prayer is obligatory, to be done at the beginning of its time, as is the obligation for which the time is expanded.

Therefore, it is permissible for a person to delay the prayer until a time when he thinks he will be able to pray, so long as he has the intention of praying at the beginning of the time.

If a person can still find time to pray one rak’ah (full), then his prayer is considered a ada’ prayer, If he cannot find time to pray one rak’ah, then his prayer is considered a kadha prayer.

Doing part of the prayer outside of its time is a sin, even if you still get one rak’ah.

This is so! If a person starts a prayer, other than the Friday prayer, for which there is still plenty of time, then it is permissible for him – without makrooh – to prolong the prayer by reciting verses or remembrance, so that the time passes, even if he does not manage to offer a rak’ah within the time, according to the correct view.

If he starts at a time when he cannot fit in the prayer or the Friday prayer, then it is not permissible for him to lengthen the recitation.

It is not permissible to summarize the pillars of prayer, just because of putting the rak’ahs in the time.

Branches:

It is recommended to hasten to pray, even if it is the ‘Isyak’ prayer, at the beginning of its time. Based on the Hadith: “The best of deeds is praying at the beginning of its time.”

It is Sunnah to delay the prayer from the beginning of its time, because of the belief that one will find people praying in the middle of its time, even though such delay is not good. The above Sunnah, while the time is not yet narrow.

It is also Sunnah to delay the prayer from the beginning of its time, expecting that a congregational prayer will be held, if it does not appear to be unfavorable according to general standards.

(If there is any doubt about the presence of the congregation, then it is not mustahabb to delay the prayer altogether (whether it appears impolite or not).

Praying in congregation with a few followers at the beginning of the time is better than many people at the end of the time.

The one who is in ihram for Hajj must delay his ‘Isyak prayer, because he fears that he will miss the Hajj, because he will miss the wukuf in. Arafat – if he had prayed the prayer beforehand and fulfilled all of its conditions – because Hajj is more difficult. The prayer here is delayed, because it is less difficult than Hajj. In such a case, it is not permissible to pray in khauf.

It is also obligatory to delay the prayer for one who knows of some kind of drowning or captivity, and if he helps him, he will run out of prayer time.

Branches:

It is haraam to go to sleep after the time for prayer has come and one has not prayed it, if one thinks that he can get up before the time is short, out of habit or if someone else wakes him up.

If there is no such expectation, then his sleep is haraam. (All that is meant here is sleep that occurs after the time for prayer has begun, and waking up after the time for prayer has ended).

Branches:

It is tahrim (impermissible) to pray prayers for which there is no cause, such as absolute voluntary prayers (voluntary prayers for which there is no fixed time), such as the Tasbih prayer: or to pray prayers for which there is a cause, such as the two rak’ahs of Istikharah and the two rak’ahs before entering ihram. That is: After the Fajr prayer until the sun rises to the level of a spear: after the ‘Asr prayer until sunset, and at the time of Istiwak other than Friday.

This does not include prayers that have a cause in front of them, for example: Two rak’ahs after wudu, after tawaaf, Tahiyat al-mosque, eclipse and funeral prayers, even if they are unseen, repeating prayers in congregation, even if one is the imam, kadha of obligatory or voluntary prayers without the intention of delaying them until the above times, or persisting in performing them at that time.

If a person deliberately delays the “untimed prayer” at the permissible time, in order to make it makruh, then this is haraam, whether the prayer has a cause or not. In addition, the prayer is not valid, even if it is a Faaitah prayer, which must be made up immediately. This is because this kind of action (trying to pray at a makruh time) is going against sharee’ah.

FIFTH CONDITION OF PRAYER

Fifth Prayer Requirement: Facing the Qibla

That is, facing the chest towards the Qiblah, meaning the Ka’bah. Therefore, it is not sufficient to face the direction of the Qiblah. This is the view of Imam Abi Hanifah (r.a.), except for the one who is unable to face it or during the Khauf prayer, even if it is a fard prayer.

The one who prays in a state of khauf may do whatever he can, on foot or on a vehicle, facing the qiblah or not, as one who is fleeing from fire, flood, wild animals and snakes, from a debtor, if the debtor is destitute and fears that he will be captured by the enemy.

(Facing the Qiblah above), excluding voluntary prayers performed on a permissible journey for a person heading to a certain place. He may perform the voluntary prayer while traveling by car or on foot, even if the distance is not great.

That is so! It is stipulated that the place to which he is going should be no less than the distance from which he no longer hears the call to prayer from his village, on condition that it is the same as the call during the Friday prayer.

Excluded from the word “permissible” is traveling for immorality.

That is why it is not permissible for a runaway slave to turn away from the Qiblah in voluntary prayers, nor is it permissible for a person who is traveling with a debt without the permission of his creditor, even though he is able to pay it.

If a person is traveling on foot, he must complete his bowing and prostration because it is easy to do: For those traveling by car, it is sufficient to make a gesture.

For these two people, it is obligatory to face the Qiblah when bowing, prostrating, takbiratul ihram and sitting between two prostrations. Thus, he may only walk when standing, tashahhud and salam.

It is haraam to turn away from facing the destination deliberately, knowing that this is haraam and being free, unless the turning away is to face the Qiblah.

This requires not doing a lot of work, such as running or moving the feet when there is no need to do so, and not deliberately stepping on unclean things, even if they are dry and the unclean things are spread out on the road.

There is nothing wrong with stepping on an unclean thing that has dried by accident. The one who is walking is not burdened to avoid unclean objects.

Those who are riding on ships other than their class are obliged to face the Qibla.

SIXTH CONDITION OF PRAYER

Sixth Prayer Requirement: Knowing the Obligations of Prayer

You should know that one of the conditions for the validity of prayer is to know the requirements of prayer. Therefore, if a person is unaware of the necessity of prayer in general or of the necessity of the prayer that he is praying, then his prayer is not valid. This is as stated in the books Al-Majmu’ and Ar-Raudhah (by Imam Nawawi).

He can also distinguish between the fard and naafil prayers.

If a person who is ignorant of Islamic law or a scholar – based on some analysis – has the intention that all acts of prayer are fard, then his prayer is valid: Or if he has the intention that all acts of prayer are Sunnah, then his prayer is not valid.

It is also necessary to know how to pray, as will be explained later. God willing.

فَصْلٌ فِى صِفَةِ الصَّلاَة

ARTICLE 2: THE NATURE OF PRAYER

The pillars of prayer:

This is also called the fard of prayer. Counting each thuma’ninah as a separate pillar, there are fourteen pillars of prayer.

1. Intention

That is to intend (to do something) in the heart. This is based on the Hadīth: “The validity of a deed must be accompanied by the intention.”

In making the intention, it is obligatory to put the element of “intentionality. an doing the prayer”, so that the prayer is separated from other actions, and ta’yin (stating the type of prayer) – Zhuhr or other -, so that Zhuhr can be separated from others.

Therefore, it is not enough to have the intention of performing the obligatory times (in general, without stating the type of prayer).

If the prayer is a voluntary prayer that is not absolute – for example, a voluntary Rawatib prayer and one that is determined by time or cause – then, in addition to ta’yin, it is obligatory to rely on something that is determined, for example, for the voluntary Zhuhr prayer, Qobliyah or Ba’diyah is mentioned, even if the Qabliyah prayer is performed after the Zhuhr prayer.

The same applies to prayers that have the Sunnah of Qabliyah and Ba’diyah, praying Hari Raya Akbar (Adha) or Hari Raya Fitri (minor). Therefore, it is not sufficient to have the intention of “praying the Eid prayer only”.

This includes the Witr prayer, whether it is offered in one rak’ah or more. In this case, the intention of “Witr” is sufficient, without specifying the number: The number that is not specified in the intention is left to the intention of the person, according to some legal scholars.

In performing the Witr prayer, it is not enough to have the intention of “performing the Sunnah of Isyak or Rawatib”.

Also the voluntary prayers of Tarawih, Dhuha, Istisqa’, Solar and Lunar Eclipse.

With regard to the absolute voluntary prayers, it is not obligatory to make ta’yin in the intention, but it is sufficient to intend “to pray”, as is the case with the two Rak’ahs of Tahiyatul Mosque, the two Rak’ahs of Wudu and the two Rak’ahs of Isukharah. The same applies to the Awabin prayer, according to the opinion of our teacher Ibn Ziyad and al-Allamah As-Suyuthi r.a.

According to what our teacher (Ibn Hajar) confirmed in his Fataawa, the intention of the Awabin prayer is obligatory, just like the Dhuha prayer.

In fard prayers, it is obligatory to intend “fardu”, even if it is fardu Kifayah or Nazar, and even if the performer is a child, so that it can be separated (distinguished) from voluntary prayers.

An example of an intention: I intend to pray the obligatory Zhuhr prayer, for example, or the obligatory Friday prayer, even if I meet the imam during the tashahhud.

In the intention, it is mustahabb to refer to Allah, may He be exalted. The reason for this is to avoid disagreement with the scholars who say that it is obligatory. In addition, by doing so, the meaning of sincerity becomes clear.

It is also recommended to offer the ada’ or kadha prayer.

Explaining it is not obligatory, even if the person who performed the prayer still has a faitah prayer to offer, which is the same as the prayer that was performed. This is different from the view held by Imam al-Adzra’i.

According to the correct view, praying ada’ with the intention of kadha, or vice versa, is valid if there is an obstruction such as a cloud. If it is not obstructed, such as a cloud, then such an intention is invalid, because it is playing with it.

The Sunnah also explains the words facing the Qiblah and the number of rak’ahs, on the basis of avoiding the scholars who made it obligatory.

It is also Sunnah to say the intention before saying Takbīr, so that the tongue can help the heart, and to avoid disagreement with the scholars who say it is obligatory.

If a person is in doubt: Whether he has formed the intention for the Zhuhr prayer or the ‘Asr prayer, if he remembers it after a long time or after he has completed one of the pillars of the prayer, even if it is a minor pillar such as reciting al-Fatihah, then his prayer is invalidated: Or if he remembers before that, then his prayer is not invalidated.

2. Takbiratul Ihram

Based on a hadith agreed upon by Imam Bukhari and Imam Muslim: “If you are about to stand for prayer, then say Takbir!”

This Takbir is called Takbiratul ihram, because the person who is praying is prohibited from doing something that was previously lawful to do, namely actions that invalidate prayer.

Takbir is used as the opening of the prayer, so that the person praying will realize its meaning, which shows the majesty of the One whom he is ready to serve, so that his fear and solemnity will be complete.

Hence, the takbir .is always mentioned repeatedly in prayer, so that fear and devotion to Allah swt. are always together in all prayers.

Takbiratul ihram must be done with the intention of prayer. This is because it is the first pillar of prayer, which means it must be done with the intention of prayer.

In fact, the intention must include the essential elements of the intention, which have already been mentioned (qasdul fili, ta’yin and fardhiyah) and others, such as the gashar for the one who makes the prayer difficult, being the imam or the congregation in the Friday prayer, sharing the congregation with someone other than the congregation, and Friday, all of which are mentioned at the beginning of the takbeeratul ihram and continue until the letter ra’ is uttered at the end of the takbeeratul ihram.

According to the view that has been confirmed by Imam Ar-Rafee, all the elements mentioned above are sufficient to be remembered together at the beginning of takbiratul ihram.

This is the preferred view of Imam al-Ghazali, which is mentioned in al-Majmu’ and Tanqihul Mukhtar: For the layman, the conjunction is sufficient by general measurement, as it is already called memorizing the form of prayer (according to general measurement, Al-istikhdhar al-‘urfi-pen).

Imam Ibn Rifah said: This opinion is the only correct one. Imam As-Subki also confirmed it.

Imam As-Subki said: Whoever does not speak of the sufficiency of such a practice (muqaranah ‘urfiyyah: combining the intention with any part of the takbeeratul ihram -pen), then ja will fall into this despicable waswaas.

According to the opinion of the three Imams of the Mazhab (other than Imam Shafi’i): It is permissible to give precedence to the intention over the takbiratul ihram in a short interval of time.

The recitation of takbiratul ihram for those who are able to do so is determined by the phrase: “Allaahu Akbar“, in imitation of the Prophet, or “Allahul Akbar“.

During takbir, one should not read: “Akbarullaah, Allaahu Kabiir (A’zham), or Arrahmaanu Akbar.

Tampering with one letter in the recitation of “Allaahu Akbar” is a problem. Similarly, adding one letter can change the meaning of the sentence.

(Adding letters) for example: Lengthening the hamzah in the pronunciation. اللهُ (because, the sentence will take the form of an istifham (question): Is Allah the Greatest? -pen), adding the letter alif after ba’ (meaning: Some drums – pen): adding a wawu before اللهُ (the sentence would read وَالهُ اكْبَرْ This is a problem, because the function of the letter wawu is ‘athaf, where the sentence has not been preceded by another sentence -pen), putting a wawu, either dead or alive between اللهُ and, اَكْبَرُ as well as prolonging the reading of ai between lam and ha’ which no qiraah expert allows.

It doesn’t matter if you pause to breathe between Allah and Akbar, or recite the dhammah of the letter ra’.

Branches:

If a person performs takbiratul ihram repeatedly with the intention of starting the prayer with each takbir, then he is regarded as having entered the prayer with the odd numbered takbirs and exited the prayer with the even numbered takbirs.

The problem is that if he has entered the prayer with the first takbeer, then by doing the second takbeer, he has left the prayer. This is because the intention of starting the prayer with the second takbeer is to break what was intended in the first takbeer. And so on.

If this is not the intention, and there is nothing between the takbirs that invalidates the prayer, such as repeating the intention, then the takbir after the first one is a remembrance that does not have any effect.

It is obligatory to raise the voice of takbeer until it is heard by oneself, if one is of sound hearing and there is no obstruction such as noise.

It is also obligatory to raise the voice for the pillars of speech (qauliyah), namely Al-Fatihah, tashahhud and salam.

Recitations that are Sunnah, in order to attain the virtue of prayer, should be recited aloud so that one can hear oneself.

It is mustahabb to recite the jazam in the letter ra’ during takbeer, to avoid disagreement with the scholars who say that it is obligatory (al-Khuruj minal khilaf mustahab: Avoiding disagreement is Sunnah).

For the imam of the prayer, it is Sunnah to raise the voice of the takbeer, even if it is the takbeer of the transitional pillar (intiqal).

It is Sunnah to raise the palms of both hands, or one of them, if it is difficult to raise both of them, in an open state – if they are closed, the ruling is makrooh – and the fingers are slightly apart from each other, at the level of the two shoulders.

In practice, the tips of the fingers are aligned with the tips of the ears, the thumbs are aligned with the nipples of the ears, and the palms of the hands are aligned with the shoulders, out of ittiba’ to the Prophet. This is the recommended method.

The raising of the hands is done simultaneously, starting at the beginning: takbiratul ihram, and lowering again with the ending recitation of takbir.

The same applies to bowing, as an act of obedience to the Prophet (peace and blessings of Allaah be upon him) as mentioned in some narrations, and standing up from bowing: as well as rising from the first tashahhud, as an act of obedience: to the Prophet (peace and blessings of Allaah be upon him).

It is also Sunnah to place both hands under the chest and over the center, as an act of ittiba’ to the Prophet (peace and blessings of Allaah be upon him), and to hold the wrists of the thighs with the right hand.

Returning by placing two hands under the chest and above the center (reclining) after raising the hands up and bowing, is preferable to letting the hands go straight down, then reclining again.

Imam Al-Mutawalli was of the view, which was later upheld by other scholars: Before entering ihram and raising his hand, he should look at the place of prostration, lower his head, and then raise it again (and for the one who is praying, it is recommended to lower his head, because this is closer to being solemn).

3. Stand up:

It is obligatory for the one who is able to stand on his own or with the help of others, to stand for the fard prayers, even if it is a vow or repeat prayer.

Standing can be achieved by straightening the vertebrae, even if it is by leaning on something, otherwise he would fall down. And leaning on something is makrooh.

It is not valid to stand in a way – bowing, if that is the closest way. least bowing, if he is able to stand upright.

For those who find it difficult to stand, the prayer is performed sitting, that is, if it is very difficult or unusual for them to stand. The masagat is limited by Imam AlHaramain to: Circumstances that would deprive him of the solemnity of his prayer if he stood.

The same applies to boat riders who fear they will get dizzy if they stand up, and people with incontinence – who cannot endure their hadas except by sitting (they may pray while sitting).

For those who pray sitting, when bowing, they should bend slightly so that their foreheads are in line with their knees.

Branches:

Our teacher (Ibn Hajar) said: If a sick person is able to stand when praying alone, but is unable to stand when praying in congregation, unless part of the prayer requires sitting, then it is permissible for him to pray in congregation and sit for part of the prayer. But it is better for him to pray alone.

The same applies to a person who can recite al-Fatihah without sitting, but if he has to pray the surah sitting, then he may recite the surah sitting.

Even if it is better not to recite the surah. -finished-.

For those who pray sitting, the order is as follows: sitting Iftirasy (sitting as in the initial tashahhud), cross-legged, then sitting tawarruk (sitting as in the final tashahhud).

If one is still unable to pray sitting, then it is permissible to pray lying on one’s side, with one’s face and limbs facing the qiblah. (But if the side is to the left, it is makrooh if there is no excuse.

(If he is unable to do so by lying down), then he should pray by sleeping on his back, with the soles of his feet facing the qiblah.

It is obligatory for such a person to place some sort of pillow under his head, so that his face can face the qibla.

When bowing, he must gesture in the direction of the qiblah, and when prostrating, his gesture must be more downward than bowing, if he is unable to bow and prostrate.

If you cannot sign with your head, you should sign with your eyes: if you still cannot, then it is sufficient to do the works of prayer in your heart.

For those who are sick, prayer cannot be separated from them, as long as they have their minds.

The jurists put . (They put standing before the intention and takbiratul ihram, even though standing comes first for the praying person, because the intention and takbiratul ihram are the pillars of every prayer, even if it is a voluntary prayer, while standing is only a pillar of a fard prayer.

Like the one who performs voluntary prayers, he may pray sitting or lying down, even if he is able to stand or sit. For those who pray lying down, it is obligatory to sit during bowing and prostration.

If a person prays the voluntary prayer on his back when he is able to pray lying down, then his prayer is not valid.

In al-Majmu’ it says: Lengthening the standing is better than increasing the rak’ahs.

In the book of Ar-Raudhah: Lengthening prostration is better than lengthening bowing.

4. Reciting Al-Fatihah in every rak’ah, at the point of standing. Based on a hadith narrated by Imam Bukhari and Imam Muslim: “The person who does not recite Al-Fatihah is not valid“, meaning in every Rak’ah.

The rak’ah of the mum is masbuk. Therefore, he is not obliged to recite Al-Fatihah, if he does not get enough time to recite it, the imam’s keuka is still prickly. Even if this happens in every rak’ah.

The reason for being late from the imam in the first rak’ah and lagging behind the imam (in rak’ahs other than the first) – due to overcrowding, forgetfulness or slow movement so that every time he gets up from prostration, the imam is always already bowing for the next rak’ah (the mumum who is in a long Tukun and the imam, is forgiven -pen).

In this case, a pure imam can bear the Fatiha or the remainder of the Fatiha that has not been recited in a rak’ah other than the extra one (if he understands that the rak’ah in which he is participating is an extra rak’ah – for example, in the ‘Asr prayer the imam stands up again after four rak’ahs – then such an imam cannot bear the Fatiha of the mum masbuk, but he must do one rak’ah).

If the mum lags behind, not because he is doing a ritual, but because he completes his Fatiha, so that the imam goes to ‘iktidal’, then his rak’ah is not valid (however, if he is doing a ritual, such as reciting the Iftitah prayer, this issue will be explained in the chapter on congregational prayer).

The Basmalah must be recited along with the Fatihah. This is because the Basmalah is a verse of it, and the Prophet (peace and blessings of Allaah be upon him) recited it, followed by the Fatihah, and counted it as a verse of the Fatihah.

Likewise, the Basmalah is included in the sequence of every surah in the Quran other than surah Al-Bara’ah.

The tashdids are 14 in number, because a tashdid letter counts as two letters, so if the tashdid is omitted, one letter is omitted.

Likewise, the letters must also be considered. If مَلِكِ is pronounced short, then the number of letters in Al-Fatihah is 141. If the letter with a tashdid is counted as two letters, then the number of letters in Al-Fatihah is 155. Also, one must pay attention to the makhraj. Just like the makhraj of the letter dhad and other letters.

Therefore, if a person who is able to read correctly or learn, then replaces one letter of Al-Fatihah with another letter, even if it is dhad with zha’, or makes an action (pepilon: Javanese) reading that changes the meaning of the sentence, for example, reading the kasrah or dhammah of the letter ت in اَنْعَمْتَ towards the letter. ك in اِيَّاكَ – if the letter is read in dhammah, it does not change the meaning, but if it is done deliberately and one understands that it is forbidden, then the prayer becomes invalid. If it was not done intentionally, then only the recitation of al-Fatihah is invalidated (the prayer is not invalidated).

If he repeats it to correct it before too long, then his recitation is complete.

With regard to the one who is unable to recite correctly and has no way of learning it, his recitation is not regarded as invalid.

Similarly, it is not invalid for someone to act on the reading, but not to the point of changing the meaning, such as reading the fat-hah of د in نَعْبُدُ. But if this is done deliberately, it is haraam: otherwise it is makrooh.

The Mutaqaddimin and Mutaakhirin scholars disagree about reciting الْهَمْدُلهِ with the letter ha’, and reciting the letter ق with the makhraj between ق and ك.  

Our teacher, in Syarah Minhaj, confirmed these two recitations as invalid, except when still learning.

But his teacher, Imam Zakariya, established the validity of the second reading. Likewise, Imam Al-Gadhi Husain and Imam Ibnur Rifah established the validity of the first reading.

If a person who is able to read correctly, or is unable to because he does not want to learn, omits the tashdid of a letter, for example reading الَرَّحْمنُ withاَلْ رَحْمنُ (not idgham), then his prayer is invalid, if he deliberately does so and calls out the ruling. If this is not the case, then the recitation of the sentence is invalid.

If he omits the tashdid in اِيَّاكَ intentionally and understands its meaning, then he is a disbeliever. This is because the meaning becomes “sunlight”. If this is not the case, then 1a is sufficient for prostration. If it is a letter that is not tashdid, then it is valid. But it is haraam if it is deliberate, for example pausing between sin and ta’ in the phrase نَسْتَعِيْنُ

It is also obligatory to observe continuity in reciting Al-Fatihah. In this case, it must be recited in a continuous manner between sentences, not longer than a breath of breathing air or stopping because of gasping.

Therefore, the recitation of al-Fatihah must be repeated if there is any other remembrance in the middle of it that is not related to the prayer, even if it is only a little bit – for example, inserting a piece of another verse or reciting the hamdalah of the one who sneezes, although this is Sunnah outside the prayer – because such insertions may distract from the original recitation.

If the matter that is inserted is related to the prayer, then the recitation of al-Fatihah does not have to be repeated, such as reciting amen, prostration, supplication either for grace or protection from punishment, and saying “Bala wa ana…. (That’s right, we are witnesses to all of this).

The connection between the recitation and the prayer is that the imam recites the Fatihah, the Sajdah, or any other verse for which it is recommended that the reader or listener, whether he is a mum or not, in the prayer or outside it, recite it.

If the person praying reads or hears a verse that includes the name of the Prophet Muhammad (peace and blessings of Allaah be upon him), it is not prescribed for him to recite the Jamah, as Imam An-Nawawi (may Allaah be pleased with him) has ruled.

There is no need to repeat the Fatihah if the mum reminds the imam that he has stopped because he has forgotten the verse he was reciting, as long as he had the intention of reciting it and even the reminder.

This is done, as our teacher said, when the imam has become silent, and if he has not become silent, then the warning is regarded as breaking the continuity (of the recitation of the Fatihah of the mum).

Saying “Subhanallah” before the reminder is breaking the Fatihah, according to some scholars. This is because the tasbeeh is recited for the purpose of reminding (if it is only for reminding, then the prayer is invalidated, as mentioned above).

The recitation of al-Fatihah should be repeated if the recitation is interrupted by a long silence that is longer than breathing, if this is done without any excuse, such as not understanding or forgetting.

Hence, if the remembrance of another phrase or the long silence is done in the middle of Fatihah because of forgetfulness or ignorance, or the silence is to remember the next verse, then there is nothing wrong with that.

Similarly, it is not invalid if he repeats a verse from Fatihah where it stops (e.g. the verse اِهْدِنَاالصِّرَاطَ الْمُسْتَقِيْم is repeated), even if there is no excuse, or repeats the previous verse and continues reading it until the end, according to some opinions.

Branches:

If, in the middle of Fatihah, a person wonders whether he has recited the Basmalah? Then he continues reading until he finishes, and remembers that he has recited the Basmalah, then he must repeat the whole of Sūrat al-Fatihah, according to some scholars.

Doubting the omission of one or more letters from the Fatihah, one or more verses, after the Fatihah has been recited, has no effect. This is because outwardly the Fatihah has been recited in its entirety.

It is obligatory to repeat Fatihah from the beginning, if the doubt occurred before its completion, as is the case with doubts: Whether he has recited Fatihah or not. According to the basic principle, ja has not recited it.

The above issues concerning the Fatihah apply to the other pillars of prayer as well. Therefore, if you are in doubt: Have you prostrated or not? Then it is obligatory to prostrate, or to doubt after prostrating: Did you put down your palms (i.e. all seven limbs in prostration – pen) or not? Then he does not have to repeat his prostration.

If a person recites Sūrat Fatihah in a state of forgetfulness, and he realizes after reaching the verse صِرَاطَ الَّذِيْنَ and is not sure of the previous recitation, then he must repeat Fatihah from the beginning.

It is obligatory to recite Al-Fatihah in an orderly manner, as it is written in the Qur’an, which we all know. Order is not obligatory in reciting the tashahhud, so long as it does not distort the meaning (if it distorts the meaning it invalidates the prayer -pen). However, it is required to observe the tashdid and their conjunctions, just as in the Fatihah.

If a person is unable to recite the whole of Sūrat al-Fatihah, and it is not possible to learn it before the time of prayer, or to recite it from a Mushaf, then he must recite seven verses (of the Qur’an), even if they are in a separate order, so long as they are not less than the number of letters of Sūrat al-Fatihah.

The number of letters of Al-Fatihah by counting the Basmalah and the letters with a tashdid is 156, and by specifying the alif of مالك.

If he is only able to recite half of Al-Fatihah, then he must repeat it until he reaches the measure of Al-Fatihah.

If he is unable to recite the seven verses of the Qur’an that replace the Fatihah, then he must recite a form of remembrance whose number of letters is not less than the number of letters of the Fatihah.

If reciting the dhikr is still not possible, then it is sufficient to pause for a time the size of reciting Al-Fatihah.

It is Sunnah – some say obligatory – to recite the Iftitah prayer softly after Takbiratul Ihram in both obligatory and voluntary prayers, apart from the Jenazah prayer. This is so long as one is not in a hurry to recite the ta’awudz or Fatihah, even if one forgets: or one does not begin to recite it while sitting with the imam. The obligation is even if the mimum has recited the amen with the imam.

Even if the mum fears that he will run out of time to recite what is mustahabb for him, as our teacher explained in Syarah ‘Ubab. He said: Because getting the Iftitah is something that is obvious, whereas missing out on reciting the surah is not obvious, and sometimes it does not even happen.

There are actually many Iftitah prayers, but the most important one is the following narration by Imam Muslim: Wajjahtu wajhiya… (I set my face – meaning my body – before the Creator of the heavens and the earth obediently, meaning by shunning non-Islamic religions in favor of the true religion, Islam, with an attitude of submission, and I do not belong to those who associate partners with Allah. Indeed, my prayer, worship, life and death, belong to Allah, the Lord of the universe. There is no partner for Him, and this is what I have been commanded to do, and I am one of the Muslims).

It is Sunnah for the mum who hears the imam’s recitation to speed up the recitation of the Iftitah prayer.

The Iftitah prayer mentioned above is Sunnah, in addition to the prayer that has come down to us from the Prophet (peace be upon him), for those who pray alone (munfarid), the imam of a mahshur (limited number) congregational prayer that is not (composed of) slaves and married women who are all willing to be extended the recitation of the prayer, ‘and there are no other mummers who come after, even if it is only a few, in addition to that the place of prayer is not a street of people.

Among the supplications that came from the Prophet is the following narration by Imam Bukhari and Muslim: Allahumma ba’id baini….. and so on. (O Allah, keep the distance between myself and my faults as far as the east and the west. O Allah, purify my faults as clean as a white garment from dirt. O Allah, wash away my faults as a garment is washed in snow and dew).

After reciting the Ifutah prayer and saying Takbir in the Eid prayer, if it is done, it is Sunnah to recite the Ta’awudz, even in the funeral prayer, even in the Jahriyah prayer (it is Sunnah to raise the voice), and even to start the prayer sitting with the imam: The Ta’awudz prayer is recited in every rak’ah, while not rushing. (It is also recommended to recite the Ta’awudz in every rak’ah, even if one has forgotten it.

The recitation of Ta’awudz in the first rak’ah is more Sunnah muakkad, and omitting it is makrooh.

It is Sunnah to do waqf in front of every verse in the Fatihah, even at the end of the Basmalah: A group of scholars differ in opinion. Although the verse is still related to the verse after it (in terms of meaning), because this is following the Prophet (peace and blessings of Allaah be upon him).

What is better is not to waqf on the verse “أنعمت عليهم“, because there is no waqf here, and according to our view (Ash-Shafi’iyah) it is not the end of the verse.

If it is necessary to endow the verse, then it is not recommended to repeat from the beginning of the verse.

It is Sunnah to recite “Amen” with: a long recitation without tashdid, – and it is better if “Rabbal ‘alamin'” is added, after reciting the Fatihah: even outside the prayer, after a short stop, while not saying anything other than “Rabbighfirlii“.

It is also Sunnah to raise the voice when reciting the amen in the Jahnah prayer, so that the person praying can follow the imam’s recitation.

It is Sunnah for the person praying the Jahriyah prayer to recite the amen along with the imam, if he hears the recitation. This is based on a hadith narrated by Imam Bukhari and Imam Muslim:

“If the imam recites amen, then recite amen all of you. For whoever recites amen along with the angel’s recitation, all past sins (minor sins) will be forgiven.”

As far as we are concerned (the Shaafa’is) are concerned, the only thing that is recommended is that the person trying to keep up with the imam should recite the amen.

If he cannot join the imam’s amen, then he should recite it after the imam’s amen.

If the iman delays the Ta’min until beyond the appropriate time, it is recommended that the ruakmum recite the amen aloud.

The word امين is an isim fil, which means: “Grant it”, with the fat-hah in the memabnikan, and the sukun in the case of waqf (stop),

Branches:

For the imam in the Jahriyah prayer, it is mustahabb to pause after reciting the amen, at the rate at which the congregation recites the Fatihah, if he understands that the congregation recited the Fatihah during that time, as is evident.

During this silence, the imam should be engrossed in prayer or preferably reciting other verses (slowly),

Our teacher said: It is now clear that it is the Sunnah for the Imams to observe order and to connect the verse recited during silence with the verse that follows.

Benefits:

It is Sunnah to pause for a while, during the recitation of “Subhanallah” between the amen and the surah: between the end of the surah and the takbir of bowing, between the takbiratul ihram and the Iftitahs, between the Iftitahs and the Ta’awudz, and between the Ta’awudz and the Basimalah.

It is also Sunnah to recite one or more verses after reciting Al-Fatihah. What is preferable is three verses.

For those who recite from the middle of the surah, it is still Sunnah to recite Basmalah. This is what Imam Shafi’i has stated.

The point of the Sunnah here can already be realized by repeating a surah in two rak’ahs, by repeating the recitation of Al-Fatihah again, if one has not memorized another, and by reciting the Basmalah without aiming to be the first verse of Al-Fatihah.

Reciting a whole surah – if there is no report of the Prophet reciting part of a surah, such as in the Tarawih prayer (in the Tarawih prayer there is a report of the Prophet that it is Sunnah to complete the whole surah) – is better than reciting part of a surah, even if the verse recited is long (compared to the whole surah).

It is makrooh to refrain from reciting the verse after reciting al-Fatihah (in prayers other than the funeral prayer and prayers where there is no water or dust, and where one is junub). This is to avoid disagreement with the scholars who rule that reciting the surah is obligatory.

With the exception of “recited after the Fatihah“, if the verse is recited before it, this does not count as being haraam, rather it is makrooh.

It is better for the one who recites anything other than the Fatihah to experience lahn (actions) that change the meaning, even if it is because he cannot learn, not to recite anything other than the Fatihah.

Because he would be saying something that is not Our-an, even though there is no compulsion (because reciting the surah is only Sunnah – pen).

The ruling on not reciting the Surah is permissible. (But) according to the conclusion drawn from the discussion of Imam Al-Haramain, it is haraam to recite anything other than Al-Fatihah for such a person.

Reciting the surah is Sunnah only in the first and second rak’ahs of a prayer that has four or three rak’ahs (the basis is to follow the Prophet’s example).

It is not mustahabb to recite the verse in the last two rak’ahs (the 3rd and 4th), except for the one who did not get the 1st and 2nd rak’ahs with the imam. It is Sunnah for him to recite them in the 3rd and 4th rak’ahs, where he was not able to recite them with the imam, so long as the recitation of the verse is not waived on him, (if it is waived, then it is not Sunnah for him to recite it), because he is a ‘makmum masbuk’ for what is found on his imam.

This is because the imam can bear the Fatihah of the masbuk: let alone the recitation of the surah.

It is Sunnah to prolong the recitation of the surah in the first Rak’ah of the second Rak’ah, provided there is no Prophetic text that recommends prolonging the recitation of the surah in the second Rak’ah.

It is also Sunnah to recite the surahs in order, as they appear in the Mushhaf (as in reciting Sūrat al-Falaq, then An-Nas) and in succession, as long as the surah behind it is not longer.

If reciting the surahs in an orderly manner will cause the recitation in the second rak’ah to be longer than in the first rak’ah, for example in the first rak’ah reciting surah Al-Ikhlash, then for the second rak’ah either recite surah Al-Falaq, because it emphasizes the rule of “order”, or recite surah Al-Kautsar, because it emphasizes “extending the first rak’ah”. Secondly: the above is still a matter of possibility. But what is closer to the truth is the former (i.e. reciting surah Al-Falaq -pen), as commented by our Master in Syarah Mimhaj (which is Muktamad): Reciting part of Sūrat al-Falaq, because it is for the purpose of gathering order and lengthening the recitation of the Sūrah in the first Rak’ah – pen).

The obligation to recite the above verse is only for the imam, the one who is praying alone and the one who is not listening to the imam in the Jahriyah prayer. If the praying person has heard the imam’s recitation, then it is makrooh for him to recite the verse. Some even say it is forbidden.

With regard to the mum who does not hear the imam’s recitation or can, but the letters are not clear, it is mustahabb to recite it slowly. But it is recommended for him, as in the first two rak’ahs of the Sirriyah prayer, to recite the Fatihah after the imam, if he thinks that he has enough time to recite the Fatihah before bowing.

While waiting for the imam, it is Sunnah for him to recite prayers instead of reciting the Qur’an.

Imam al-Mutawalli said, and it was confirmed by Imam Ibnur Rifah: It is makrooh for the mum to recite the Fatihah before the imam starts it, even if it is in the Sirriyah prayer, because the validity of such a Fatihah is disputed, and there is a view that it invalidates the prayer if the mum finishes reciting the Fatihah before the imam.

Branches:

It is Sunnah for the person who has finished reciting the Fatihah in the third or fourth rak’ah, or has finished reciting the initial tashahhud before the imam has finished, to pray or recite Qur’an: the latter is preferable to praying.

For those who attend the Friday prayer and the Isyak prayer on Friday night (in the first and second rak‘ahs), it is Sunnah to recite Surah Al-Jum’ah then Al-Munaafiquun, or Al-A’la then Al-Ghaasyiyah, and in the Fajr prayer – if the time is sufficient – it is Sunnah to recite Surah Alif Laam Tanzil As-Sajdah then Hal Ataa (Ad-Dahr), and in the Maghrib prayer, it is Sunnah to recite Surah Al-Kaafiruun then Al-Ikhlaash:

The two suras (Al-Kafiruun and Al-Ikhlaash) are Sunnah to be recited in the Fajr prayer on Friday and other days, for those who are traveling: they are also recited in the Oabliyah Fajr, Maghrib, Tawaf, Tahiyatul mosque, Istikharah and Ihram prayers, as an act of following the Prophet in all of them.

Branches:

If a person omits to recite one of the two sūrahs mentioned above in the first rak’ah, then in the second rak’ah he should recite both of them, and if in the first rak’ah he recited the sūrah that should have been recited in the second rak’ah, then in the second rak’ah he should recite the sūrah that should have been recited in the first rak’ah.

If he has recited a surah that is not mentioned above, even if he forgot, then it is Sunnah to cut it off and recite the surah mentioned above instead.

In cases where time is of the essence, reciting two short surahs is preferable to reciting the two long surahs specified above, contrary to the opinion of Imam al-Fariqi.

If he has memorized only one surah out of those that have been prescribed, then he should recite that surah and replace it with the one that he has memorized, even if it is out of sequence.

If, for example, a person starts praying the second rak’ah of the Fajr prayer on Friday and he hears the imam reciting Sūrat Hal Ataa (Ad-Dahr), then after the imam has greeted him and he continues praying one more rak’ah, he should recite Sūrat Alif Laam Tanzil, as has been ruled by Imam AlKamal Ar-Radad, who was followed by our teacher in his Fatawa.

However, the conclusion of his discussion in Syarah Minhaj is that this person should recite Sūrat Hal Ataa (Ad-Dahr) in both rak’ahs.”:

If the imam did not recite surah Ad-Dahr, then in the second rak’ah the congregation should recite surah Alif Laam Miim Sajdah and Ad-Dahr.

If the mum finds the imam bowing in the second rak’ah, then like the imam, he should not recite anything (so that the imam will not be responsible for reciting the mum’s surah), so in the second rak’ah both of them should recite Sūrat Ad-Dahr and Alif Laam Miim Sajdah, as our teacher said.

Warning!

For those other than the congregation, it is mustahabb to recite al-Fatihah and the surah aloud in the first and second rak’ahs of the Fajr, Maghrib, Isyak, Jumu’ah and kadha prayers that are offered between sunset and sunrise, the prayers of the two Eids – in this case our Master has an opinion: Even if the Eid prayer is kadha, the Tarawih prayer, the Witir prayer in Ramadan and the Lunar Eclipse prayer (while the Solar Eclipse prayer is a Sunnah recitation).

It is disliked for the congregation to recite it aloud, because it is forbidden.

It is not permissible for those who are praying and others (such as those who give advice, readers and teachers) to raise their voices if it disturbs someone who is sleeping or praying. This is because it is stated in al-Majmu’ that it is makrooh.

Some of the fuqaha’ discussed the prohibition of raising one’s voice when reciting Algur or anything else, in the presence of anyone, absolutely (whether it is annoying or not -pen). This is because the mosque was originally endowed for people to pray in, not for orators and reciters.

In the Absolute Sunnah prayer at night, it is Sunnah to raise the voice.

It is Sunnah for the person praying alone, the imam and the congregation, to say Takbir every time he gets down and gets up again, as an act of obedience to the Prophet.

Except when getting up from bowing here it is not recommended to say Takbir, but to recite: Sami’allah…. and so on (Allah SWT hears those who praise Him).

It is Sunnah to prolong the takbir until the new pillar, even if there is a break between the new pillar and the previous one.

It is Sunnah to raise the voice of the takbeer of the pillar, such as during Yakbiratul ihram, for the imam and the Mubalig, if there is a need for it. But the ruling of this Sunnah, if it is intended as: remembrance (only) or remembrance while giving hearing, otherwise the prayer is invalid, as our teacher said in Syarah Minhaj.

It is makrooh to raise the voice of the takbeer for anyone other than those mentioned above, i.e. for the person praying alone and the person praying as a mum.

Some of the fuqaha said: Connecting the imam’s voice is Bid’ah Munkarah, according to the consensus of the four madhhabs, so long as the imam’s voice can still be heard by the congregation.

5. Rukuk. This means bending the body so that the palms of the hands – not the fingers – can reach the knees. Therefore, it is not enough to place the tops of the fingers on the knees, if one wants to place the palms of the hands on the knees.

 This is if the limbs are normal (normal occurrence).

This is the minimum limit in bowing.

Sunnah when bowing: Flattening the back with the buttocks. That is: by pulling the joints in such a way that they become like a sheet, as an act of ittiba’ to the Prophet.

Holding two knees that are upright (not bent) not together, with two open palms and fingers slightly apart from each other.

Reciting: Subhanallah….. and so on 3x (Glory be to my Lord, the Most Great and with praise. His), as an act of ittiba’ to the Prophet.

Recitation of tasbeeh in bowing and prostration, at least once: even with subhanailah, and at most 11 times.

For the aforementioned (munfarid and imam of the mahshurin congregational prayer), it is Sunnah to add: Allahumma raka’tu… and so on. (O Allah, I bow to Your presence, believe in You, surrender to You, my hearing, sight, marrow, bones, sinews, hair and nails, all submit to You, and all that is in my body belongs to Allah, the Lord of the Worlds).

When bowing and prostrating. it is recommended to recite: Subhaanaka…. and so on. (Yes, Allah, Glory be to You, Yes, Allah, with reference to You, forgive me).

If one wants to be content with either tasbeeh or dhikr, then tasbeeh is preferable.

Reciting tasbeeh three times followed by the recitation of Allahumma laka raka’tu and so on, is more utanian than reciting tasbeeh up to 11 times (without adding Allahumma and so on).

It is makrooh to bow only to the minimum extent, and it is also makrooh to bow the head below the straight line of the back.

It is Sunnah for a man to stretch his elbows with his stomach and abdomen from his thighs when bowing and prostrating.

For other than men, it is Sunnah to crush them when bowing and prostrating.

Warning!

When it comes down for bowing, it must not be intended for anything else. If he descends for Tilawah prostration, then after reaching the limit of bowing (he does not prostrate), but bows, then his bowing is not valid. But he must stand up straight first, then bow. The same applies in the case of tidal prostration, prostration and sitting between two prostrations (it is not required to have any other purpose).

If someone other than the mum (imam and munfarid) is in doubt when prostrating: whether he has prostrated or not, he must spontaneously stand up and prostrate, and it is not permissible for him to get up while prostrating.

6. Iktidal, even in voluntary prayers, according to the Muktamad opinion. Iktidal can be expressed by standing up again from bowing, to the position one was in before bowing, whether standing or sitting (for those who pray sitting).

If in doubt, has the turtleneck been completed? Then he must spontaneously do it again. Otherwise, his prayer is invalid. If the person in doubt is the mum, then after the imam’s greeting he adds one rak’ah.

When rising from bowing, it is Sunnah to say: Sami’allah… and so on. (Allah accepts the praise of those who praise Him).

It is Sunnah for the imam and preacher to say these words aloud, because they are part of the remembrance of moving on.

After standing upright, the Sunnah is to say: Rabbana lakalhamdu ….. and so on. (O Allah, for You is the test of the whole of the heavens and the earth and the fullness of Your will after that), meaning like Al-Kursy and ‘Arsh.

مِلْءُ is pronounced rafa’, has the status of an adjective, can also be pronounced nashab, has the status of an adverbial thing, meaning that by presuming الثَّنَاءُ (praise) as a jisim.

For those above (munfarid and imam of the mahshurin congregation), the sunnah’ adds with Ahlatstsana‘…… and so on. (O, Master of Praise and Glory, the most correct thing for me to say. We are all Your servants. There is no barrier to what You have given, no giver of what You have prevented, and no use for the greatness that belongs to man: from You is the source of that greatness.

It is Sunnah to pray the Qunut during the Fajr prayer, i.e. at the time of iktidal in the second rak’ah, after reciting the Dhikr mentioned above, based on several commentaries. The remembrance is up to the recitation of من شيءبعد 

It is also Sunnah to tilt the head at the last rak’ah of the Witr prayer in the last half of Ramadan, as an act of obedience to the Prophet.

It is makrooh to recite the qunūt in the first half of Ramadan (the 1st-15th), just as it is makrooh to recite other voluntary prayers.

It is mustahabb to make qunut Nazilah when there is a calamity that befalls a Muslim, even if it is just one person, where it is of public benefit, such as when a pious or brave person is taken captive by the enemy, during the five daily prayers, during the Iqāmah of the last rak’ah, even if the person praying masbuk has made qunut with the imam. This is based on Ittiba’ to the Prophet.

In the case of calamities, whether it is the fear of enemies, even fellow Muslims, famine or outbreaks of infectious diseases.

With the words “fard prayers”, the voluntary prayers are excluded, even the Hari Raya and Nazar prayers. Therefore, the Qunut prayer is not recommended for either of these prayers (but it is not Makruh if it is done).

The Qunut is recited by raising the hands to the level of the shoulders, even when reciting hymns, as in other supplications, as a way of not being ituba’ to the Prophet.

When praying to bring about something, such as warding off calamities during one’s lifetime, one should turn the inside of one’s palm towards the sky (above), and when praying to remove a calamity, one should turn one’s palm upside down.

It is makrooh for the preacher to raise his hands when praying.

The types of Qunut prayers are: Allaahummahdinii fiiman hadait … and so on. (O Allah, show me as one whom You have shown, prosper me as one whom You have prospered, have mercy on me as one whom You have favored, -that is, include me among those whom You have favored, bestow Your grace upon me, guard me from Your evil destiny, for surely You are the Uncertain and the Uncertain, There is no inferiority for those whom You have raised, There is no honor for those whom You have antagonized: Glory to You, O my Lord, and Most High are You, For You are all Your decisions, I ask forgiveness and repentance to You).

After the above prayer, it is Sunnah to recite salawat-salam for. The Prophet and his family, which is not recommended at the beginning of the Qunut prayer.

For those who pray munfarid (alone) and the imam of the congregation of the Mahshurin, it is Sunnah to follow the above prayer with the qunut recited by Umar r.a. during the Fajr prayer, namely: Allaahumma innaa…and so on (O Allah, we ask for Your forgiveness and guidance, we believe in You and surrender to You, we praise You with all goodness, we thank You and do not disbelieve in You, and we do not know and forsake those who are presumptuous towards You. O Allah, it is only to You that we worship, pray and prostrate, it is only to You that we hasten and run, we hope for Your mercy and fear Your punishment, surely Your punishment is true of the disbelievers).

Then, because the first qunut was prescribed by the Prophet, it takes precedence over the qunut of ‘Umar’s companion. Therefore, for those who are content with one qunut, recite the first qunut.

The words of the Qunut prayer are not prescribed in any particular order. Therefore, it is sufficient to recite the verse of the Qur’an that contains the supplication, if it is intended for qunut, for example the end of surah Al-Baqarah.

Likewise, qunut ilu is simply reciting any form of supplication, even if it is not from the Prophet.

Our teacher argued: The correct view is that the Qunut Nazilah should be recited after the Qunut of the Fajr prayer, and then conclude by supplicating for the calamity that has befallen the person.

In reciting the qunut, it is Sunnah for the imam to raise his voice, even in the sirriyah prayer.

As for those who do not hear the imam’s Qunut and those who pray alone, they are not commanded to raise their voices, but they should recite slowly in general (whether they are praying Jahriyah or Sirriyah, and whether they are praying Fajr or other prayers).

For those who hear the Imam’s Qunut, it is Sunnah for them to say amen out loud, because they are praying for the Imam’s recitation.

Included in the supplication is the recitation of salawat on the Prophet (peace be upon him). Therefore, the congregation should say amen to that recitation, according to some commentaries.

Regarding the content of the qunut prayer, which contains praise, starting from the sentence فَإِنَّكَ تَقْضِى until the end, the congregation should read it themselves in a low voice. Those who do not hear the imam’s qunut or hear it but do not understand it should recite it in a low voice.

It is makrooh for the imam to make a special prayer for himself, i.e. in the qunūt, because it is forbidden for the imam to make a special prayer for himself in this way.

The imam should recite اِهْدِنَا and all the words that are attributed to him should be pronounced in the dhamir plural.

Basically, this kind of thing applies to all forms of prayer.

What is clear is that the impermissibility of specializing in this supplication is directed at supplications that did not come from the Prophet (peace and blessings of Allaah be upon him) in the Ifrad form, even though he was an imam, and this is very common (if the supplication came from the Prophet (peace and blessings of Allaah be upon him) in the mufrad form, then it is not impermissible for the imam to specialize in it).

One of the Huffazh scholars said: Verily, all the supplications of the Prophet were in Ifrad (singular). Based on this, some of them specialize in praying in the plural only when making qunut.

7. Prostration twice for each rak’ah, on something that is not the property of the person praying, even if it moves because of his movement: and even if prostrating on a bed that moves because of his movement.

This is because the item was not included in his luggage.

Hence, prostrating on such a place is fine, as is prostrating on one’s baggage, but not on the motion of the person, i.e., the top of a long shawl.

Not included in the statement “on something that is not his,” is prostration on something that moves with the movement of the praying person, such as prostrating on the top of his turban, which is not valid.

Prostrating on the top of the turban invalidates the prayer, if it is intentional and one understands that it is forbidden. If this is not the case, then it is sufficient to repeat the prostration.

It is valid to prostrate on someone else’s hand or a handkerchief held by one’s own hand, because this item is regarded as separate.

If he prostrates on something that becomes attached to his forehead, it is valid, but he must remove it during the second prostration (such as paper, etc.).

Prostration is done by bowing down. That is, the buttocks and surrounding areas are in a higher position than the head: The basis is ittiba’ to the Prophet.

If the head is higher than the buttocks and its surroundings, or level, then it is not sufficient. If the head is higher than the buttocks and its surroundings, or it is level, then it is not sufficient.

(Prostration) is done by placing part of the forehead – with an open state.

If there is an obstruction such as a bandage on his forehead, then his prostration is not valid. Unless the bandage is a wound that is difficult to remove, then prostration in this situation is valid.

And by pressing his forehead against the place of prayer, so that it may be burdened with the weight of the head. This is different from the opinion of Imam Al-Haramain.

Also by placing a pair of knees, the palms of the hands, the inside of the fingers, and some of the toes instead of others, for example: the edges of the fingers, the tips of the fingers and the outer side fingers.

If the toe is missing, but you can put only the inside of it, then this is not obligatory, as is the conclusion of the discussion of our two Masters (Imam An-Nawawi and Imam Raft’i). ,

It is not obligatory (but Sunnah) to emphasize other parts of the body besides the forehead, just as it is Sunnah to open other than the knees.

When prostrating, it is Sunnah to put one’s nose down; in fact, according to a sahih hadith, it is Sunnah muakkad. There is an opinion that it is obligatory.

The Sunnah begins prostration by placing the knees apart, approximately one inch apart, then the palms of the hands parallel to the shoulders with the arms raised above the ground and the fingers spread (not clasped), but clasped together and pointing towards the qiblah. Then put the forehead together with the nose.

It is also Sunnah to stretch the heels an inch apart, to straighten them so that the fingers are facing the Qiblah, and to take the heels out of the lower garment (for other than women and khuntsa).

When prostrating, it is Sunnah to open the eyes, as stated by Imam Ibn ‘Abdis Salam, which was later confirmed by Imam Az-Zarkasyi.

It is makrooh not to follow this order. It is also makrooh not to put one’s nose on the ground.

In prostration, it is sunnah to recite: Subhaana … and so on three times (Glory be to my Lord with His praise) as an act of ittiba’ to the Prophet.

For munfarid and imam of Mahshurin congregation, it is Sunnah to add it: Allaahumma… and so on. (O Allah, to You we prostrate, believe and surrender, my face/all my limbs prostrate to its Creator, who formed the form, who equipped it with eyes and ears, with His effort and power, Glory be to Allah as the best of creators).

It is Sunnah to make many supplications in prostration. Among the supplications that came from the Prophet are: Allaahumma innii … and so on. (O Allah, I seek refuge from Your wrath with Your pleasure, under Your well-being from Your punishment, and I seek refuge with You “from Your wrath, I cannot count the praises for You as You praise for Your Essence. O Allah, forgive all my sins, the minor and the major, the initial and the final, the apparent and the obscure).

Imam An-Nawawi said in Ar-Raudhah: Prolonging prostration is better than prolonging bowing.

8. Sitting between two prostrations, even in voluntary prayers, according to the correct view.

When sitting, the obligatory sitting is not meant to be other than sitting by getting up from prostration. Therefore, if he gets up from prostration because he is in pain from the sting of some kind of animal, then he must return to the prostrate position.

It is permissible so long as the hand remains on the ground until the second prostration, which is agreed upon by the scholars. This is not the case with those scholars who think otherwise (such prayers are invalid).

In the case of sitting and tithing, they should not be prolonged. This is because they are not intended to be part of the action itself, but are only done to separate it. Therefore, it is sufficient to do it briefly.

If he extends his prayer beyond the prescribed remembrance, which is the size of the Fatihah in the Iqāmah, and the size of the short tashahhud in the sitting (between the two prostrations), even though he knows and understands it, then his prayer is invalid.

It is Sunnah in sitting between two prostrations, in the initial tashahhud, the resting sitting and the final tashahhud followed by prostration, to sit iftirasy. This means sitting on the heel of the left foot, which is folded in such a way that the upper (outer) part is against the ground.

The palms of the hands are placed on the thighs, so that the fingertips are parallel to the knees in a state where the fingers are spread and not clenched.

While saying: Rabbighfirlii … and so on. (O Allah, forgive me, have mercy on me, increase my shortcomings, lift me up, grant me sustenance, give me guidance and prosperity), as an act of ittiba” to the Prophet.

It is makrooh to say اِغْفِرْلِىْ three times

It is Sunnah to sit in repose during the sitting between the two prostrations, – as an act of ittiba’- even in voluntary prayers, and even if the imam does not do it, contrary to the opinion of our Master.

(The prohibition of sitting) is because of standing up from prostration, other than prostration of Tilawah.

It is Sunnah to stand up from prostration or sitting, to hold on with the palms of the hands.

9. Thuma’ninah in every bowing, two prostrations, sitting between two prostrations and turtling up, even in voluntary prayers. This is different from the opinion of (Imam Al-Ardabili?) in the book Al-Anwar. (The editor of the book: If a person omits the iktidal or sitting between two prostrations in a voluntary prayer, then his prayer is not invalidated.)

The limitations of thuma’ninah are: The cessation of the limbs, so that there is a separation between what has been prayed and what is about to be prayed (silence after two movements, namely the movement of the pillar to be prayed -pen).

10. Final Tashahhud. The least that is recited in the tashahhud, as narrated by Imam Ash-Shafi’i and At-Tirmidhi is: Attahiyyaatw hilash … and so on. (All honor is due to Allah. Peace and blessings be upon you, wahm, Nah. Greetings to all Irta and all the righteous servants of Allah. I testify that there is no God but Allah, and I testify that the Prophet Muhammad is the messenger of Allah).

It is Sunnah for everyone praying (munfarid, mum and imam) to add: المباركات الصلوات الطّيّبات     (blessed:, salawat and greatness), add the words. وأشهد , to both of them, and implying the memorization of السلام in both places. It is not recommended to recite the Basmalah first.

It is not permissible to replace words in these short redactions, even with synonyms. For example, the pronunciation is replaced with الرَّسُوْلِ or vice versa: and the pronunciation محمد is replaced with. أحمد or others.         

The reading وَأَنَ مُحَمَّدًاعَبْدُهُ وَرَسُوْلُهُ is sufficient (valid). Whereas وَأَنَ مُحَمَّدًا رَسُوْلُهُ is not sufficient (invalid).

It is obligatory to pay attention to the tashdid: not to replace a letter with another: it is obligatory to connect one to another, order is not obligatory, as long as it does not spoil the meaning.

If you read izhhar nun that is idghamed into lam in the phrase.  أَنْ لاَإِلهَ إلاَّالله , it invalidates the recitation (and invalidates the prayer, if the recitation is not repeated correctly, but continued until the greeting of peace). This is because there is no tashdid in the lam. This is the same as not putting the dal of مُحَمَّدٍ into the ra’ of the recitation.   رَسُوْلُ الله

It is permissible to pronounce اَلنَّبِىِّ also with a bamzah, as well as a tashdid like that.

11. Salawat of the Prophet after reciting the final tashahhud. It should not be recited before.

Salawat should at least be recited:  اَللهُمَّ صَلِّ عَلىَ مُحَمَّدٍ (O Allah, have mercy on Prophet Muhammad), or.  صلى الله على محمد/ على رسوله/ على النبى (May Allah have mercy on the Prophet Muhammad / His Messenger / Babt): it is not sufficient to use the recitation احمد Sunnah – some say obligatory – in the final tashahhud plus reciting salawat to the family of the Prophet.

To fulfill the above practice, at least add والهِ after the salawat that should be recited above.

It is not recommended to add it to the initial tashahhud, according to the Ashahabb view, because the initial tashahhud is done lightly (quickly). There is even an opinion: The addition that occurs in the initial tashahhud is the removal of a pillar of gauli, which invalidates the prayer. Then the opinion that is contrary to Ashah (viz: adding the salutation to the Prophet’s family in the initial tashahhud is Sunnah), on the basis of sahih hadiths.

It is Sunnah to recite the most perfect prayer in the final tashahhud. Namely: Allaahumma Shalli …… and so on. (O Allah, bless Prophet Muhammad and his family, as You gave Prophet Ibrahim and his family. Bless Prophet Muhammad and his family, as You gave Prophet Abraham and his family. Indeed You are the Praiseworthy and the Great).

The salam to the Prophet has already been mentioned in the tashahhud above. If it is not mentioned here, this does not mean that the salawat is separated from the salam.

There is nothing wrong with adding سَيِّدِنَ (our Lord) in front of the phrase. محمد (This is even better).

It is Sunnah to offer a supplication at the end of the tashahhud, after reciting the entire tashahhud.

Regarding the initial tashahhud, it is not recommended to pray, because it is made light. Unless the mum finishes before the imam, in which case it is recommended to pray. The most important supplication, however, is the one that comes from the Prophet.

The most powerful is the supplication that some scholars have prescribed as follows: Allaahumma innii… and so on. (O Allah, I seek refuge with You from the torment of the grave, the torment of Hell, the trials of life, death and the Masihid dajal).

It is makrooh not to recite the supplication.

Among others: Allaahummaghfirlii … and so on. (O Allah, forgive my sins, past, present, hidden and revealed, transgressed and of which You know better than me, You are the Forerunner and the Last, there is no God but You).

Both traditions were narrated by Imam Muslim.

Among others: Allaahumma innii … and so on (O Allah, I have wronged myself greatly and as much as possible. Yet none can forgive sins except You. Therefore, forgive me with forgiveness from Your side. Indeed, You are the Most Merciful) Hadith narrated by Bukhari.

The Sunnah for the imam’s prayer is that it should be shorter: than the tashahhud and salawat on the Prophet (peace be upon him) that must be recited, which is the minimum.

Our teacher was of the opinion: It is makrooh to recite salawat to the Prophet after the tashahhud prayer.

12. Sitting for tashahhud and salawat and salam.

It is Sunnah to sit tawarruk in the final tahiyat (tashahhud), which is the tashahhud that follows the greeting of peace. Therefore, it is not recommended to sit tawarruk for the imam’s final tashahhud, nor is it recommended for the person who will be prostrating later.

The practice of sitting tawarruk is like sitting iftirasy, but the left foot is taken out through the right foot and the buttocks are placed on the ground.

When sitting the two tashahhuds, it is Sunnah to place the two hands on the sides of the two knees, so that the knees are in line with the fingertips, with the fingers spread apart, and the right one clenched, except for the index finger. Memorization

is the kasrah ba’nya. That is the jar next to the mother finger, where the index finger is straightened.

It is Sunnah to raise the index finger at a slight angle when reciting the hamzah of the chant as ittiba’. It is also Sunnah to hold it up, until standing or greeting.

Most importantly, the thumb is clasped, its tip under the forefinger and at the edge of the palm, so that it looks like the number 53.

If the palm of the right hand is placed on something other than the knee (such as the ground or thigh), then when saying the chant the     index finger should be raised.

It is not mustahabb to raise the finger when reciting these words outside of prayer.

It is Sunnah to focus on the index finger when raising it, even if it is covered by some sort of sleeve, as our Master said.

13. Say the first greeting. At the very least one should say: “Assalaamu’alaikum” as ittiba’.

Whereas saying Salam with: Alaikumus salam, is makrooh.

Saying “Salaama’alaikum” is not sufficient in the prayer greeting.

The same applies to “SalaamuIlaah or Salaami ‘alaikum“. In fact, this invalidates the prayer if it is intentional and one knows the ruling, as stated in the book of Shahrul Irshad by our teacher.

It is Sunnah to say the second salam, even if the imam does not recite it.

The second greeting is forbidden if something happens after the first greeting that invalidates the prayer, for example: one breaks the fast at the end of the Friday prayer and loses the covering.

It is Sunnah to add the two greetings with ورحمة الله without وبركاته as per the hadith, for other than the funeral prayer. However, it is still ruled that it is Sunnah to add these words to the greetings for other than the funeral prayer, because this is established by the various narrations of the Hadīth.

In both greetings, it is recommended to turn the head until the right cheek is visible in the first greeting, and the left cheek in the second greeting.

Warning!

It is Sunnah for everyone who prays, whether he is the imam, the congregation or the congregation, in the first greeting to intend to greet the person on his right, and in the second greeting to intend to greet the angels and the believers, whether they are humans or jinn.

And with any greeting, for the person behind and in front of him. But the first greeting is preferable.

The mum should intend to respond to the imam’s greeting with whichever greeting he chooses, if he is behind him: with the second greeting, if he is to the imam’s right, and with the first greeting, if he is to his left.

It is Sunnah for the congregation to intend to answer each other’s greetings. For this reason, the one on the right should intend to answer the greeting of the one on his left with his second greeting (because the one who gives the greeting intends to start his greeting with the first greeting): and the one on the left should intend to answer the greeting of the one on the right with his first greeting: the one behind the musallin or in front of him should intend to answer the greeting with any of his greetings, but it is preferable to do so with the first greeting.

Some branches:

The ruling on intending to leave the prayer is that it is Sunnah with the first greeting, to avoid disagreement with the scholars who made it obligatory. (i.e. Imam Ibn Suraij and others.

Where Al-Khuruj minal khilaf mustahab -pen).

It is also Sunnah to hasten (not to delay) the greeting.

It is also Sunnah to begin the greeting facing the qiblah, and to end it with a complete turn of the head.

It is Sunnah for the mum to start his salam after the imam’s second salam has been completed.

14. Orderly performance of the pillars of prayer, as mentioned above.

Therefore, if the MC deliberately breaks the order by putting the pillars of action (fi’li) first, such as prostrating before bowing, then the prayer is invalid. (But if the MC puts the pillars of action (qauli) first, then there is no problem, except in the form of the greeting. The order among the Sunnahs, such as reciting the surah after the Fatihah and the supplication after the tashahhud and salawat, is a condition for the validity of the prayer (not a condition for the validity of the prayer).

(If someone other than the mum (imam or munfarid) forgets something about the order, by missing a pillar, such as prostrating before bowing or after bowing but not reciting the Fatihah, then what he has done is of no use until he does the pillar that he missed. If he remembers before he reaches the missing pillar in the next rak’ah, then he is obliged to do the missing pillar immediately: if he does not remember, this will be discussed later.

Or if a person other than the mum is in doubt about a pillar: Whether he has done it or not, such as when he is in doubt as to whether he has recited al-Fatihah or not, or when he is prostrating he is in doubt as to whether he has bowed (iktidal) or not, then he must immediately perform the pillar that he is in doubt about, if that doubt occurs before he reaches the same pillar that he is in doubt about in the next rak’ah.

If a person forgets until he has done the same pillar as the one that he forgot in the next rak’ah, then the pillar that he is doing is sufficient for the one that he forgot, and the pillar that he did between the one that he forgot and the one that he did in the next rak’ah does not count.

All this, if he is certain of the pillar that he has left out and where it is (such as in the first or second rak’ah -Pen).

If he does not know what the missing pillar is, but he thinks that it is the intention or the takbiratul ihram, then his prayer is invalid. There is no requirement that it should have been a long time ago or that it should have been interrupted by another pillar.

Or he thinks that the pillar that has been left out is the greeting of peace, so he should say it, even if it has been a long time, based on some commentary.

If he is certain that he has left out one of the pillars of the prayer and it is more likely that it is one prostration or two prostrations, then he should take the most cautious approach, which is to leave out two prostrations. (If he is certain that he has left out one of the pillars of the prayer, and it is more likely that it is one prostration or two prostrations, then he should take the most cautious approach, which is to leave out the two prostrations (i.e., he is more likely to have left out the recitation of al-Fatihah while prostrating), then he should stand up and recite it, then bow, do ‘iktidal’ and so on (i.e., if he has left out the recitation of al-Fatihah while prostrating).

Then he continued his rak’ah of prayer.

Correct! If what is done is an action that has nothing in common with the pillars of prayer, such as prostration of recitation, then this action (in the example of prostration of recitation) does not fulfill the pillar that is missing. (Umpama: Leaving prostration in the last rak’ah of prayer, then standing up and reciting the Qur’an that contains the verse of Sajdah, then prostrating, then the prostration of recitation cannot fulfill the prostration of the missing pillar of prayer -pen).

If the mum knows or doubts that he has not recited al-Fatihah before or after the imam’s bowing, then he must recite it and catch up with the imam’s prayer (in which case he will be forgiven for missing three long pillars): Or if both of them have bowed, then the mum should not stand up to recite Fatihah, but should follow the imam’s prayer, and after the imam’s greeting, he should add one rak’ah.

Branches:

It is Sunnah to enter the prayer quickly. This is because Allah swt. reproaches those who neglect prayer by saying: “When they perform the prayer, they perform it sluggishly.”

And with a heart detached from the affairs of the world. For that is closer to solemnity.

It is Sunnah to be solemn while praying, i.e. not to think of anything other than the prayer, even if it is a matter of the Hereafter (e.g. remembering Hell and its punishments, etc.).

Also with a calm body, not a single limb should move uselessly. : This is because of the praise of Allah swt. in His book through His words (which means): “Fortunate indeed are the believers, those who are solemn in their prayer”.

Also because the prayer is not rewarded if it is done without khushu, as some Sahih traditions indicate, and we have the opinion of a group of scholars (such as Imam al-Ghazali) that khushu is a condition for the validity of the prayer.

Among the things that can lead to khushu, is concentration, that he is dealing with . The Most Majestic King Who Knows what is faint and most faint, in that he complains to Him.

In addition, it is also possible that He can clearly bring down His punishment (on the person who is not solemn -pen), because He does not fulfill His rights as God, then He does not want to accept his prayer.

al-Quthb Al-Arif Billah. Muhammad Al-Bakri r.a. said: Actually, one of the factors that bring about khushu is prolonging bowing and prostration.

It is Sunnah to memorize the meaning of the prayer recitations. Allah swt. has said: “Have they not taken the Qur’an to heart“, and in this way the intention of khushu is accomplished.

The Sunnah takes the meaning of remembrance in prayer to heart, as it is associated with the giraah (recitation of prayer).

It is Sunnah to always look at the place of prostration, because this will make the prayer more solemn. Even if the person praying is blind, even if it is at the side of the Ka’bah, in the dark or in the Jenazah prayer.

This is true, but when making tashahhud and raising the index finger, it is Sunnah to look in the direction of that finger, because of the sahih hadith.

It is not makrooh (but khilaful aula) to close the eyes, if there is no fear of harm.

Benefits:

It is makrooh for the person praying, whether male or female (imam, mimum and munfarid), to leave out a prayer obligation.

Our teacher said: That general stipulation needs to be reviewed.

According to the well-founded opinion: The ruling on not doing a Sunnah is for those Sunnahs for which there is a prohibition against doing them, or there is a conflict between the scholars who have ruled that they are obligatory.

After the prayer, it is Sunnah to recite Dhikr and supplications in a low voice.

This means that it is mustahabb to do it in a low voice for the munfarid, the mum and the imam who are not intending to guide the audience or make their prayers heard, so that they will agree with them.

There are many traditions that describe supplication and remembrance, many of which we have mentioned in our book, Irsyadul ‘Ibad, so please read them, because: this is very important.

Imam At-Tirmidhi narrated from Abi Umamah, who said: “It was asked of the Messenger of Allah: Which prayer is more answered?” He replied: “That which is offered in the middle of the night and after each of the five obligatory prayers.”

Imam Bukhari and Muslim narrated a tradition from Abi Musa, who said: “We were with the Prophet: When we neared the valley, we said ‘alaihil’, ‘akbir’ and raised our voices.”

So the Prophet said: “O people, have mercy on yourselves, for you have not prayed to the Deaf One, nor to the Absent One. Verily He is All-Wise and All-Near.“

Imam al-Baihaqi and others have argued that one should be slow in reciting dhikr and supplications.

Imam Ash-Shafi’i in his capital Al-Um said the following: We prefer that both the imam and the congregation should remember after the greeting of the prayer: this should be done in a low voice, except for the imam who intends to teach his congregation, so he should raise his voice when he realizes that his congregation has followed him, then he should slow down. This is because Allah, the Almighty, says: “Do not be loud in supplication, nor too quiet.” Meaning: Allah swt. knows best about supplication, so do not say it so loudly that others hear it, and do not say it so softly that you do not hear it yourself. -Finished-.

Benefits:

Our teacher said: With regard to raising the voices of dhikr and supplication so much in the mosque that it disturbs those who are praying, this should be regarded as haraam.

Some branches:

It is Sunnah to begin the supplication with hamdalah and salawat on the Prophet (peace and blessings be upon him), and to end it with these two phrases and amen. It is Sunnah for the mum who hears the imam’s supplication, even if he knows it by heart, to say amen.

It is Sunnah to raise one’s pure hands when praying, parallel to one’s shoulders, and then wipe one’s face after praying.

It is Sunnah to face the Qiblah during dhikr and prayer, if one is a muhmum or a reciter.

For the imam, if he does not stand up from his place of prayer, where standing is preferable for him, then it is preferable to make his right side in front of the congregation and his left side in the direction of the qiblah. Our teacher adds: Even at the time of prayer.

The imam’s moving from the place where he is praying does not remove the haraamness of Dhikr after the prayer, because he can do it in the place from which he has moved.

And the obligation of remembrance is not lost by performing the Rawatib prayer. What is lost is its perfection, not anything else.

The conclusion of the scholars’ discussion is that dhikr is rewarded even if one does not understand its meaning.

Imam Al-Asnawi is of a different opinion: The issue of dhikr cannot be equated with reading Algur-an, because reading it is an act of worship, so the one who reads it will be rewarded, even if he does not understand its meaning. In contrast, with dhikr, in order to be rewarded, one must understand its meaning, even if it is not detailed (e.g. understanding that tasbih, tahmid, and the like are for the purpose of glorifying Allah and praising Him). -finished-.

It is Sunnah to move from the first place of prayer, because you want to pray another fard or supererogatory prayer, so that the new place will witness it, if it is not contrary to the virtue of being in the front row.

If you are unwilling to move, you should separate the two prayers by talking to someone else.

For someone other than the one who is in a state of seclusion, it is preferable to pray his voluntary prayers at home, if he is not worried about running out of time or neglecting them, except for the voluntary prayers that are part of the Friday prayer or prayers that the Prophet performed in the mosque, such as the Dhuha prayer.

It is recommended to move after the imam.

Sunnah for the person praying: Facing some kind of wall or pillar. That is, anything that is two-thirds of a cubit high and above, and at most three cubits away from the heel.

If that is not possible, then to face some kind of stick that is stuck, such as a utensil. If you still cannot find one, then spread out a prayer mat, such as a prayer mat.

If that is not possible, then he should draw a line in front of it three cubits long, either across or across. This is preferable, according to the Hadith narrated by Imam Abu Dawud: “When a person wants to pray, he should put something in front of him; if that is not possible, he should stick a stick; if that is not possible, he should draw a line.”

Then, what crosses outside that boundary does not matter.

The prayer mat is compared to the line in the Hadīth, but in terms of discipline, it takes precedence over the line because it is clearer about the meaning of the Hadīth (i.e. preventing people from passing in front of it).

The orderly use of the sutrah, as mentioned above, is according to the Muktamad opinion. This is different from the view of Imam Ibn Mugri, who stated that there is no Sunnah on the orderly use of the sutrah.

If one switches to a lower level of sutrah when he is able to use a higher level of sutrah, then this is not taking sutrah.

The sutrah is not placed directly in front of him, but slightly to his right or left.

Each row is a sutrah for the row behind, if the distance between the two rows is close (3 cubits and below). Al-Baghawi said: The sutrah of the imam is the sutrah of the people next to him. -finished-.

If it is a conflict between wearing the sutrah (but being far away from the imam) and being near the imam (but not wearing the sutrah): and it is a conflict between wearing the sutrah and being, in the first row, which takes precedence?

Our teacher said: All of them are equally likely to be correct. The scholars said: “To give precedence to the first row when praying in the Prophet’s mosque, even if that row is outside the special mosque, is to give precedence to the first row (close to the imam).” -Finished.

If a person prays with the aforementioned veil, it is Sunnah for him and others to prevent anyone from passing between them with a veil that meets the conditions. (By doing so, he is considered to be overstepping the boundary (if he is one of the mukalaf) (according to Imam Ramli: There is no difference between the mukalaf and others).

It is haraam to pass in front of a person who is praying as far as the barrier, so long as it is mustahabb to prevent it, even if the passer-by cannot find a way around it, so long as the person who is praying has not done anything wrong by standing in the way or there is room in front of him. For this reason, it is permissible for the one who wants to occupy the free space to pass through the prayer rows, even if there are many of them, so that the free space will be filled.

It is makrooh to turn one’s face away when one is praying without any desire. Some say it is forbidden, and even this opinion is preferred, based on a sahih hadith: “Allah always faces the slave who is in the place of his prayer – meaning, with the abundance of His mercy and pleasure – so long as the slave does not turn his head. If he turns his head, then Allah turns away from him.”

It is not makrooh to look away if there is a need, just as it is makrooh to glance.

It is makrooh to look up at the sky and at things that distract from the prayer, such as wearing clothes with pictures on them. Based on a hadith narrated by Imam Bukhari: “What is the behavior of people, they turn their eyes towards the sky (above) while praying?” Then the Prophet emphasized his words: “Stop doing that or you will be struck by their eyes.”

Based on this Hadīth, it is disliked to pray in a striped garment, whether it is on the front of the prayer or used as a prayer mat, because it can ruin the prayer.

It is makrooh to spit, whether during prayer or outside in front of it, even if the person outside the mosque is not facing the qiblah, as Imam Nawawi has ruled. It is also makrooh to spit to the right, not the left. This is based on a hadith narrated by Imam Bukhari and Muslim: “When one of you is praying, he is addressing his Lord, may He be glorified and exalted, so do not spit in front of him or to his right, but spit to his left, either on his left foot or on his left garment; the latter is preferable.”

Our teacher said: In order to further honor the right Angel instead of the left one, as it honors the right one.

If there are people on his left, then he should spit on his right, and if it is not possible for him to nod his head, then he should neither spit to the right nor to the left.

It is haraam to spit in the mosque if the substance is visible – not something that can be removed with some kind of mouthwash, and the spit is on any part of the mosque, not just the roof. The view that even spitting on the roof is haraam is far-fetched and cannot be relied upon.

It is also not haraam to spit on the dust of a mosque that is not part of the mosque’s waqf. It says: It is not haraam to spit on the mats of the mosque. But in terms of defiling the mosque, it is haraam, as is clear. -finished.

It is obligatory to remove najis immediately that are in the mosque if one knows about them, even if there are paid staff available to clean them, as the fuqaha’ have concluded.

It is forbidden to urinate in the mosque, even if it is in a bucket, to put in unclean sandals that cannot be separated from the dirt, to throw the carcass of a flea and kill it in the mosque, even if it bleeds a little.

Regarding removing lice or planting them alive in the mosque, from the outward aspect of Imam An-Nawawi’s fatwa it is permissible. (But from the point of view of the discussion in Al-Jawahir, it is haraam, and this is the ruling that has been explained by Imam Ibn Yunus.

It is makrooh to pierce a needle, to do cupping in which blood is drawn into a vessel in the mosque, to speak out loud, to engage in some kind of buying and selling, and to engage in carpentry (industry).

It is makrooh to uncover the head and shoulders and wear a scarf, even if it is worn outside the shirt (which is done inside the mosque -pen).

Imam Al-Ghazali in Ihya’ said: The Prophet (peace and blessings be upon him) never put his shawl back on if it fell off, unless there was an excuse, and the same applies to the turban and so on.

It is makrooh to pray while holding a hadas, such as urinating, defecating or farting, according to the hadith that will come later. This is because it spoils the solemnity of the prayer. In fact, a group of scholars said: If it takes away the focus of the prayer, then the prayer is invalid.

It is Sunnah to purify oneself from impurity before praying, even if one is going to miss the congregation. However, it is not permissible for him to cancel the obligatory prayer because he does not want to endure the incipient impurity at the time of prayer, and it is not permissible for him to delay the obligatory prayer when the time is short.

The reason it is not permissible to break the fast is that it happens during takbiratul ihram.

On the other hand, the problem of the abstinence that happened to him before tashbirat al-Ihram, then disappeared, and he knew that according to his custom it would happen again during his prayer, can be equated with the problem of the abstinence that happened during tashbirat al-Ihram (the same ruling applies).

It is makrooh to pray near food or drink that stimulates it.

Based on a hadith narrated by Imam Muslim: “No prayer is complete near food, and the prayer is complete by refraining from two impurities, namely urination and defecation.”

It is makrooh to pray in the streets of buildings where there are no people, in places of gambling, and in graves that have not been dug up (because if they have not been dug up, they are pure, but if they have been dug up, then the prayer is invalid), whether facing the grave, above it, or next to it, as stated by Imam Ash-Shafi’i in al-Um. (If the graves are those of the prophets and martyrs, then praying there is not makrooh. This is because they were alive and there was no blood or pus on them.)

It is forbidden to pray facing the grave of a Prophet or some kind of saint, with the intention of seeking his blessings or honoring him.

Imam Zainul ‘Iragi said that the ruling on praying in a mosque is that it is not makrooh, where the planting of the corpse in the vicinity took place after the construction of the mosque. The ruling on praying on the soil that was stolen is haraam, and the prayer is valid but without reward. This is like praying in a garment that was stolen.

It is also haram, but valid, if there is any doubt about the owner’s willingness. If, on the other hand, he is certain of his willingness with proof, then the prayer is not haraam.

Al-Jaili said: If the time for prayer has become short and he is on the ground, then he should enter ihram by walking. This opinion has been narrated by Imam Al-Ghuzzi.

Our teacher said: The correct view is that it is not permissible for such a person to pray Khauf, and he must leave until he leaves the area. This is similar to the permissibility of leaving property that has been taken by someone. The matter of not praying in the land of gasab is even more serious than that.

فَصْلٌ فىِ أَبْعَاضِ الصَّلاَةِ وَمُقْتَضىِ سُجُوْدِالسَّهْوِ

ARTICLE 3: ABOUT THE SUNNAHS OF THE AB’ADH PRAYER AND THE CAUSES OF PROSTRATION.

The Sunnah of making two prostrations before the greeting of peace has been widely forgotten. The two prostrations and the sitting in between are like the two prostrations of prayer and the sitting, in terms of the obligation of the three prostrations (thuma’ninah, prostration with the seven limbs and sitting -pen), and in terms of the Sunnah that has been mentioned above, such as the Dhikr in them.

It says: The Tasbeeh recited during prostration is, Subhaana man… and so on. (Glory be to the One who does not decay and never forgets): this is more appropriate for the situation.

In prostrating sahwi, it must be accompanied by intention. That is, since lowering the body, his heart has intended to do prostration sahwi.

(Prostration is done because one of the Sunnahs of Ab’adh has been omitted, even if it was done deliberately.

If the prostration was done for the sake of abandoning something other than the Sunnah of ab’adh, and the prostrator knew this and did it deliberately, then his prayer is invalid.

Which includes sunnah ab’adh:

1. The initial tashahhud, which is something that must be recited in the final tashahhud or part of it, even if it is only one word.

2. Sitting the initial tashahhud. The practice of only abandoning sitting is the same as abandoning standing for the qunūt, which is when one cannot – properly – recite the tashahhud and qunūt. In such a case, it is mustahabb to remain silent for the duration of the tashahhud and qunūt. Therefore, if he omits one of them, it is Sunnah to prostrate sahwi.

3. Qunut Ratib or leaving out part of the prayer. That is qunut

when praying Fajr and Witr halfway through Ramadan, not qunut Nazilah.

4. Standing during qunut.

If a person does not do the qunūt, because he is following his Hanafi imam (according to the Hanafi school, the ruling on the qunūt is not Sunnah), or he does not do the Fajr voluntary prayer, then according to some jurists it is Sunnah for him to do the prostration. (This opinion is in accordance with what Imam Ramli explained, but according to Imam Ibn Hajar, in the second case above, it is not Sunnah to prostrate. The reason: The Imam has already taken care of him, and there is a defect in his prayer).

5. Salawat on the Prophet after the initial tashahhud and qunut.

6. Salawat on the Prophet’s family after the final tashahhud and qunut. The description of prostration due to omitting the salutation of the Prophet’s family in the final tashahhud is that the mum believes that the imam has omitted it, and this belief comes after the imam’s greeting and he has not yet greeted, or he believes that the imam has omitted it after the greeting but not long after.

These Sunnahs are called Ab’adh, because they are close to the pillars with the addition of doing the prostration.

Sahwi prostration can be done because of doubts about some of the above-mentioned (sunnah ab’adh), such as qunut, have you done it or not? The basic principle is that one has not done it.

If a person or imam forgets to do a Sunnah ab’adh, such as the initial tashahhud or qunut, and they have already done a fard action, such as standing or prostrating, then it is not permissible for them to go back and repeat the Sunnah ab’adh, because the fard is more important than the sunnah.

If he went back to repeat the Sunnah of ab’adh that he had forgotten, after standing up straight or laying his forehead down, deliberately and knowing that it is forbidden, then his prayer is invalidated, because he has interrupted the obligatory prayer just to do a Sunnah.

If he returns because he does not understand that it is haraam, even if he is someone who mixes with our scholars, then his prayer is not invalidated. This is because this is something that the common people do not know much about.

Similarly, the prayer is not invalidated if he forgets that he is praying, because this is an excuse. He must return immediately, when he understands or remembers, to his previous position (i.e. standing in the case of the initial tashahhud, and prostrating in the case of the qunut).

But it is Sunnah for him to prostrate sahwi, because he is adding to the sitting or turtling in a way that is not appropriate.

It is not invalidated if the one who repeats this is a mum, and he stands up straight or prostrates himself. (Even if he stood up or prostrated because he forgot, then he must go back to tashahhud or qunut, because he must follow the imam. But if he stood up or prostrated deliberately, then it is Sunnah to follow the imam).

(If he stood or prostrated because he forgot (which would be the case if he did it deliberately, as we have explained), then he must return to the tashahhud or qunūt, because he is fulfilling his obligation to follow the imam.

If ja does not return to what has been said then his prayer is invalid, if he did not intend to mufaraqah (separate from the imam).

If he deliberately stood up straight or prostrated, then he does not have to go back to his tashahhud or qunūt, rather it is only Sunnah, just as if the person bowing before the imam bowed (if he bowed before the imam because he forgot, then he does not have to go back to bowing, nor is it Sunnah, but he can choose whether or not to bow again).

If the person who forgot does not remember that he left the tashahhud until after the imam has stood up, then it is not permissible for him to go back to the tashahhud (if he goes back, knowing that it is not permissible, then his prayer will be invalidated).

(In this regard) Imam al-Baghawi said: The recitation of Fatihah that he recited before the imam stood up does not count, so he must repeat the Fatihah. This opinion was followed by Imam Zakariya.

In Syarah Minhaj, our teacher (Ibn Hajar al-Haitami) said: From this it can be seen that if a person prostrates because he forgets or does not understand, while the imam is still reciting the qunūt, the work that he did is not regarded as having been done, so he must do turtling, even if he had intended to do mufaragah. This is based on what the fuqaha said: If a person who is masbuk thinks that the imam has greeted him and stands up, then he finds out that the imam has not greeted him, then he must sit down again to start from where he was sitting.

The obligation to sit down again cannot be waived by the intention of mufaragah, even if this could happen (but it would be of no benefit), because the standing counts as playing. Therefore, if the person who is masbuk continues praying (does not sit down again) because he does not know, then what he has done is in vain: he must repeat the action and then it is mustahabb prostration.

(If he remembers or understands that he did not make qunūt, and the imam is still making qunūt, and he does not intend to make mufaraqah, then it is clear that he must go back to iktidal, or he must go back to iktidal and prostrate with the imam, or he must follow the imam after the first prostration, according to the more correct view, and after the imam says salam he adds one rak’ah. (The conclusion is based on these words of Ibn Hajar: If the praying person has the intention of making qunūt, then he is absolutely obliged to go back to iktidal, whether the imam is making qunūt or making the first or second prostration. If he does not have the intention of mufaragah, then he is obliged to go back to iktidal, whether the imam is making qunut or in the first prostration, but if he is in the second prostration or so on, then he should not go back to iktidal, but should follow him (i.e., follow him). -finished-.

Imam Al-Qadhi Husain said: One of the things about which there is no dispute is the saying of the jurists: If the mum gets up from the first prostration before the imam gets up – because he thinks that the imam has gotten up, then he makes the second prostration, and also thinks that the imam is making the second prostration, then it becomes clear that the imam is making the first prostration, then the prostration and sitting of the mum in this case are considered non-existent, and he must follow (in his second sitting and prostration). Meaning: If what he did was because he did not understand that the imam was in the first prostration, but he knew that the imam was standing (for the next rak’ah) or sitting (for the tashahhud), then after the imam’s greeting he must add one rak’ah.

With the exception of what I said about the praying person who forgot about the Sunnah of ab’adh having done the obligatory action, if he has not done the obligatory action, then it is mustahabb to go back and do ab’adh before standing up (in the case of the initial tashahhud) or bowing (in the case of the qunūt), then it is Sunnah to prostrate sahwi, if he has come close to standing in the case of leaving the initial tashahhud or has reached the limit of bowing in the case of leaving the qunut.

If someone other than the person praying deliberately omits the Sunnah of ab’adh and then repeats it, knowing that he has done so, then his prayer is invalidated if he has come close to or reached the situation mentioned above: This is different from the case if he is the mum.

(It is Sunnah to prostrate on the basis of moving a prayer recitation that does not invalidate the prayer out of its place, even if one forgets, whether it is a pillar of the prayer, such as al-Fatihah, the tashahhud or part of it, or it is not a pillar, such as moving the recitation of a surah to something other than standing (such as bowing, tashahhud or prostration), or moving the qunut to before bowing, or moving the bowing to after it, in the case of praying Witr in other than the last half of Ramadaan. Because of all this, it is recommended to prostrate.

As for moving an act of prayer, if it is intentional, then the prayer is invalid.

It is excluded from my saying “his moving does not invalidate the prayer”, if his moving invalidates the prayer, for example the greeting and takbiratul ihram – just as he intended the other takbiratul ihram and takbirats.

(Prostration is mustahabb for forgetting to do something that, if done deliberately, would invalidate the prayer, but if done unintentionally, does not invalidate it, such as lengthening a short pillar of prayer, saying or eating a little, and adding a pillar of fi’li (action).

This is because the Prophet once prayed five Rak’ahs of Zhuhr and then prostrated himself. Other than that, (such as eating which invalidates the prayer if it is intentional) it can be compared to the Prophet’s forgetfulness in the hadith.

Excluded from “intentional actions that invalidate the prayer” are actions that would invalidate it if done out of forgetfulness, such as saying a lot of words, and actions that do not invalidate the prayer if done out of forgetfulness or intentionality, such as doing a little or turning one’s head, so it is not mustahabb to prostrate when doing these actions.

(The prostration of forgetfulness is done out of doubt that he has increased the number of rak’ahs in his prayer. If it turns out that he has increased it, prostration is done on account of that increase, and if he has not, then prostration is done on account of doubt, which may weaken his intention.

If a person is in doubt about whether he has prayed three or four rak’ahs, then he must add one rak’ah to his prayer, because the basic principle is that he has not done that one rak’ah, and it is Sunnah to prostrate, even if his doubt is removed before the greeting of peace, if he remembers before the greeting of peace that he has prayed four rak’ahs. This is because the prostration is done because there was some doubt about the additional rak’ah.

It is not permissible for him to do the extra rak’ah in doubt on the basis of his own prejudice, on the words or deeds of others, even if they are numerous, so long as they have not reached the level of “tawatir” (a number that cannot possibly agree on a lie).

With regard to doubts that are not related to additions, such as doubting whether the rak’ah of the Ruba’iyah prayer is the third or the fourth rak’ah, then before standing up for the fourth rak’ah remembering that the rak’ah that was just performed was the third rak’ah, then it is not Sunnah for ja to prostrate, because the fourth rak’ah that he performed with such doubts is to be expected in every case.

If he remembers after standing up to do the fourth rak’ah, then it is mustahabb to prostrate, because of his doubt about the additional rak’ah at the time of standing up.

For the mum, it is Sunnah to make two prostrations because of the imam’s willful forgetfulness, the imam’s forgetfulness, even if the forgetfulness occurred before the mum followed him, mufaraqah with him, the imam’s prayer was invalidated after his forgetfulness, or the imam did not make prostration sahwi. This is intended to make up for the deficiency in the imam’s prayer. Therefore, the mum prostrates after the imam has said salam.

When the imam makes prostration, the masbuk and muwafik must follow him, even if he does not know that the imam has forgotten.

If he does not follow the imam’s prostration, then his prayer is invalidated, if he knows and deliberately does not follow it.

For those who are masbuk, at the end of the prayer (before the greeting of peace) it is Sunnah to repeat the sahwi prostration.

Prostration is not Sunnah for him because of forgetfulness, which occurs when following the imam. This is because his forgetfulness can be covered by the imam, who is pure, not one who is impure and has invisible impurities (najis hukmiyah).

If, on the other hand, the forgetfulness occurs after the imam’s approval, then the imam cannot be held responsible for it, because he is no longer reciting to him.

(If the mimum thinks that the imam has already greeted him, so he joins him in the greeting, then he finds out that the imam has not greeted him, so he should greet him again with him, and it is not prescribed for him to prostrate, because the forgetfulness occurred while he was still mum.

Branches:

If a worshipper remembers during tashahhud that he has omitted a pillar of the prayer other than the intention or takbeeratul ihram, or he is in doubt about that, then after the imam has greeted him, he must add one rak’ah and it is not mustahabb to prostrate sahwi in the case of forgetfulness, because the forgetfulness occurred while he was maccuming.

This is not the case with regard to the question of doubt, because he did an extra rak’ah on the basis of what he thought, after the imam’s greeting (because of the doubt that occurred after he did not pray, it is mustahabb to prostrate himself).

Based on this, if he is in doubt about whether he is bowing with the imam, whether he is praying with the imam completely or whether he is missing one rak’ah, then he must add one rak’ah and make the Sunnah prostration. This is because his doubt came after he had not prayed with the imam, in which case prostrating sahwi is obligatory.

The obligation to make prostration ends if a person deliberately makes salam, even if there has not been much time, or if he makes salam by mistake and there has been a long interval.

(If he did not deliberately make the salam, and the interval was short), if he prostrated, he would have re-entered the prayer. Therefore, he must repeat the greeting.

(When the imam returns from prostration, the one who forgot must repeat it. If he did not join the imam, then his prayer is invalid, if he did not repeat it intentionally and knew about it.

For a masbuk mum who stood up to complete his rak’ah (after the imam had greeted him, because he forgot), if the imam goes back to prostration, then the mum must go back to sitting down to prostrate, because he is following him.

Warning:

If the imam makes prostration after the muwafic mum has finished reciting the minimum limit of tashahhud (and salawat on the Prophet), then he must follow the imam’s prostration.

Or the imam prostrates before the minimum recitation of the tashahhud of the mum is completed, the mum must also follow the imam in prostration, then he must complete his tashahhud after prostration.

If, after the greeting of peace, a doubt arises, a condition is missing, or a fard is omitted, apart from the intention and the takbiratul ihram, this does not have any effect.

If it had not been ruled that way, it would have been difficult and burdensome (for people), and indeed according to the outward appearance, the prayer was validly performed.

With regard to doubting the intention or the takbeeratul ihram, this has an effect, according to the Muktamad view (i.e. he must repeat the prayer while he does not remember that the intention or takbeatul ihram was made). This is not the case with the view that extends the discussion of this issue to the point of negating the distinction between the intention, takbiratul ihram and the other pillars.

With the exception of “doubt”, if ja is certain that he has left the obligatory prayer after the greeting of peace, in which case he is obliged to complete it again, so long as there has not been a long lapse of time, or he has stepped on an impurity, even if he has turned away from the qiblah, spoken, or prayed a little.

Ash-Shaykh Zakariya in Sharh Raudhi said: Even if he has left the mosque.

As for the length or shortness of the time interval, it is according to common measurement.

It is said: The shortness here is in accordance with the Hadith about the Companion of Dhul Yadain. As for the length, it is more than that.

Whereas the hadith explains: (Regarding shortness, starting) The Prophet stood up, then walked to the edge of the mosque, and the Prophet asked Dhul Yadain and other companions. -Finished-

Imam al-Rafi’i narrated from Imam al-Buwaiti: The length of separation is that which exceeds the length of one rak’ah. This is also the view of Imam Abu Ishaq.

Narrated from the Companion Abi Hurayrah: A long interval is the length of the prayer (two, three or four rak’ahs).

The formula (rule), namely: Anything about which there is doubt as to whether it has moved from its original state is ruled to be returned to that original state, whether it is a state of existence or non-existence, and the doubt is removed. (Example: If a person is certain that he has performed ablution, then he doubts whether it is invalidated, then it is ruled that he still has ablution. This is because he had wudoo’ in the first place. Or he is certain that he has not done wudoo’, then a doubt arises as to whether he has done wudoo’ or not, so he does not have wudoo’. This is because he did not have wudoo’ in the first place.)

Hence, the jurists say: That which is doubtful is regarded as non-existent.

TILAWAH SUJUD

Perfection:

It is Sunnah to perform the prostration of Tila: wah for the reader or listener of the recitation of all the verses of Sajdah.

It is not Sunnah for the praying person to prostrate, because of the recitation itself, but it is Sunnah for the praying person to prostrate. Therefore, if the imam prostrates and the mum does not prostrate, or the imam does not prostrate and the mum prostrates, then the prayer is invalidated (if it is intentional and the person understands that it is forbidden).

If the mum does not understand the imam’s prostration, and the imam raises his head from prostration, then the mum’s prayer is not invalidated and he should not prostrate, but should wait for the imam by standing.

Or he knows that the imam is prostrating, but he has not raised his head, so he should go down to prostrate with him.

Then, if he has not yet prostrated and the imam has raised his head, ja should rise with the imam and should not prostrate.

It is Sunnah for the imam of the sirriyah prayer to delay the prostration of recitation until the end of the prayer.

Al-Jawami’l Izham discusses the haraamness of delaying the prostration in the jahriyah prayer, so as not to confuse the congregation.

If a person recites the verse of Sajdah in his prayer, then he makes a bow that has reached the minimum length, but then goes on to prostrate himself, this is not permissible, because the place for prostration is no longer there (this issue relates to the imam and the person praying alone/munfarid -pen).

If he went down to prostrate himself, then after reaching the point of bowing, he used it to bow, so this kind of bowing is not valid.

Fardos of prostration of recitation for someone other than the praying person: 1: Intention, prostration of recitation. 2. Takbiratul Ihram (It is not Sunnah to do Takbiratul Ihram while standing, meaning that sitting and standing are the same -pen). 3. Prostration once, like prostration in prayer. 4. Salam (prostration of recitation for those who are praying, prostration is enough -pen).

In prostration, the Sunnah is to pray: Sajada wajhiya ……. and so on. (My face prostrates to the presence of the Creator, the Embodiment, the Complement of hearing and sight, with His effort and power. So, Glory be to Allah, the best of creators).

Benefits:

It is haraam to recite the Qur’an with the intention of performing prostration only, at the time of prayer or makruh.

Such a prayer is invalid. On the other hand, if there are other purposes for prostrating, such as things that are related to recitation (Sunnah in reciting the Qur’an or prayer), then there is absolutely no impurity. “

It is not permissible to draw closer to Allah by prostrating oneself for no reason, even if it is done after prayer.

It is unanimously agreed that prostrating oneself before teachers, as the ignorant do, is haraam.

فَصْلٌ فِى مُبْطِلاَتِ الصَّلاَةِ

ARTICLE 4: ABOUT WHAT INVALIDATES THE PRAYER

Prayers are invalidated – whether they are obligatory or voluntary prayers, and fasting and iktikaf are not invalidated for reasons that will be discussed later:

1. The intention to break or depend on something happening, even if it is usually impossible for it to happen.

2. Feeling doubtful that the prayer has been interrupted. However, the prayer is not invalidated because of the waswaas that must have befallen him in prayer, as is the case with the imam and others (acts of worship other than prayer -pen).

3. The reason for many acts, other than the acts of prayer, which are regarded as certain. If they are done by someone who knows that they are forbidden, or does not know that they are forbidden, but his ignorance does not count as an excuse. Moreover, these many actions are continuous according to the general view, and they occur in prayers other than Khauf or voluntary prayers while traveling.

It is a different matter if the action is small, such as two steps, even if they are far away, as long as they do not jump, or two punches. Yes! But if the two steps or strikes were intended to be three continuous steps or three actions, but only one of them was done, then the prayer is invalidated (because he had the intention of invalidating the prayer -pen).

What is meant by many but separate actions is that one action is considered separate from the previous one. (Multiple but separate actions do not invalidate the prayer, because the Prophet (peace and blessings of Allaah be upon him) used to pray with ‘Umamah in his arms. This is because the Prophet used to pray with ‘Umamah in his arms. When he prostrated, he put her down, and when he stood up, he picked her up again). Imam al-Baghawi’s stipulation that there should be a gap of approximately one rak’ah between one action and the next is a weak opinion, as stated in al-Majmu’ (Imam Nawawi’s).

Many of these actions, even if they occur because of forgetfulness, still invalidate the prayer. Many actions are like three chews, three continuous steps, even if only one step is forgiven, or like shaking the head and moving the two hands.

The word with the fat-hah kha’is a Masdar Marrah (a noun used to describe many actions), and what is meant here is the moving of one’s foot to the other side or to another place.

If the other foot moves, even if it does not connect, then it counts as two steps. But our teacher, Imam Ibn Hajar, in Syarah al-Irshad and others, confirms that the other foot’s movement to the parallel boundary in conjunction with the other foot counts as one step.

If you move your feet together, two steps are counted, and there is no disagreement among the fuqaha’.

If a person is in doubt: Whether the action done is a little or a lot, this does not invalidate his prayer.

The prayer is invalidated by jumping, even if it is not much.

The prayer is not invalidated by minor movements, even if they are numerous and continuous, but only makrooh. For example, moving the fingers to scratch or turning the prayer beads with the palms of the hands without shifting, moving the eyes, lips, penis or tongue, because they all follow their respective places, just like what happens to the fingers.

Based on this information, some of the jurists discussed the issue of tongue movement, stating that if the tongue moves from its place (the mouth) within three movements, it invalidates the prayer.

Our teacher commented: It is still uncertain (Muhtamal).

The palms of the hands are excluded from the fingers. Therefore, moving the palms of the hands three times in succession invalidates the prayer, except for a person who has itching, who usually cannot bear not to scratch them, then this does not invalidate the prayer, because there is an element of necessity.

Our teacher said: From this it follows that a person afflicted with a disease who is always on the move, which forces him to do a lot of work, is understandable.

Scratching the hand and putting it back together again counts as one movement. Similarly, lifting the hand from the chest and placing it on the place that was scratched is one movement.

This is the case if they are connected, otherwise each movement counts as one movement, as explained by our teacher (Ibn Hajar).

4. Saying two letters when they are connected, where the speech is deliberate, even if it is forced, as explained by our teacher,

This is the case if what is said is Qur’anic, dhikr or supplication, all of which are not intended to cause someone to understand. For example, if a person asks for permission to enter, then the person praying says: Udkhuluha …. and so on. (Please enter safely and securely).

If the recitation is intended to be Qur’anic recitation or remembrance only, or giraah (remembrance) with a reminder, then the prayer is not invalidated.

Similarly, it is not invalidated if it is recited in an absolute manner, as some of the fuqaha’ have suggested, but Imam An-Nawawi, in his books At-Tahqiq and Ad-Daqaaiq, said that the prayer is invalidated if the Qur’an or the remembrance is recited in an absolute manner (for no purpose whatsoever): and this is the Muktamad.

These four (gira’ah, dhikr, giraah/ dhikr together with tanbih, and absolute) can occur in remembering the beginning of the recitation of the imam (who forgot), either with Qur’an or dhikr, and can occur in raising the voice of the intgal takbir recitation for the imam or mubalig (speaker).

The prayer is invalidated by uttering two letters, even if they are uttered in conjunction with clearing one’s throat, which is not considered an excuse in the obligatory recitation of the prayer, such as reciting Al-Fatihah.

Like Al-Fatihah, is every obligatory recitation, such as the tashahhud. end and salawat of the Prophet (peace be upon him). The prayer is not invalidated by uttering two letters at the same time with clearing one’s throat, because of the excuse in reciting the pillars of the prayer.

Or it may be invalidated by the two letters coming out at the same time as their counterparts, such as coughing, crying, sneezing and laughing.

It is not included in my definition of “that which is not considered an excuse in obligatory recitation”, if these two letters are uttered together with the deafness because of an excuse in voluntary recitation, for example: surah, qunut, or reciting al-Fatihah aloud. Because of this, the prayer is invalidated.

Imam Az-Zarkasi discussed the permissibility of clearing one’s throat in prayer for a fasting person, in order to expel phlegm that would invalidate his fast (if swallowed). Our teacher said: It is permissible for the one who is not fasting to do so, because he is aiming to expel phlegm that would invalidate his prayer. This is because the phlegm has flowed to the outside, and it is not possible to expel it except by clearing one’s throat.

If the imam clears his throat and two letters come out of his throat, then it is not obligatory to mufaragah with him. This is because, according to the external view, he is guarding against that which invalidates the prayer.

If there is a reason that indicates that the imam is unavailable, then the ruling on mufaragah is obligatory, according to the discussion of Imam As-Subki.

If a person is afflicted with a persistent cough, so that there is no time to pray without coughing, which would invalidate the prayer, our teacher gives the ruling: What is clear is that the cough is forgiven, and when he recovers, he does not have to make up his prayers.

Or the prayer is invalidated by saying one letter that is understood, such as قِ (take care), عِ (be aware), فِ (obey), or one letter that is read long, because a letter that is read long is basically two letters.

The prayer is not invalidated by uttering Arabic, where ‘the act of worship becomes valid by uttering it, for example: Nazar and freeing a slave. For example the words: Nadzartu ….. and so on (I vow to give Rp 1,000 to Zaid or I free so-and-so).

This is not the case with reciting the intention to fast or to do iktikaf, because the intention in these cases does not depend on its validity, so there is no need to recite it, and it is not invalidated by reciting a permissible supplication, even if it is for someone else.

(Which worship and supplication) are not dependent on and not attributed to creatures.

Therefore, the prayer is invalidated if the words of the prayer or supplication are dependent, for example: In Syafa…. and so on (if Allah cures my illness, then I will free a slave) or praying: Allaahummaghfirlii…. and so on (O Allah, forgive me if you wish). Likewise, the prayer will be invalidated if the words of worship or supplication are attributed to a being other than the Prophet, even if he (the mushalli) hears the Prophet’s name spoken according to some commentaries. For example: Nadzartu and so on (I vow this to you, or may Allah have mercy on you), even if the one who is dhithabi is a dead person.

It is Sunnah for the praying person who is greeted with the salam by someone else to respond with a gesture of the hand or head, even if he is reciting, and then, after the prayer, to respond to the salam with speech.

For the one praying, it is permissible to greet him with: “Wa ‘alaihis salam”, just as it is permissible to pray for someone who sneezes by saying “Rahimahullah”.

It is Sunnah for someone other than the one who is praying to answer the greeting of the one who is praying. (That is, the greeting that is a pillar of the prayer, i.e. the first greeting -pen).

It is Sunnah for the one who sneezes in prayer to recite Hamdalah in a low voice, just enough for himself to hear.

A little bit of clearing one’s throat in the general sense, because one is unable to endure it, does not invalidate the prayer. (That is, clearing one’s throat to the extent of uttering or emitting a letter).

It is also not invalidated by speaking a little, according to common standards, such as two or three words. Our teacher said: It is clear that the word limit here is general. This small amount of speech is because he did not realize that he was praying.

This is because when the Messenger of Allah (peace and blessings be upon him) finished two rak’ahs, he spoke a few words in the belief that his prayer had been completed. (When he asked the Companions about what the Companion of Dhul Yadain had asked, the Companions replied that they thought that the four Rak’ahs had been abrogated, so he and the Companions continued praying the two Rak’ahs.

If the person praying thinks that speaking a little unintentionally invalidates the prayer, then he speaks at length, this cannot be regarded as an excuse.

“A little bit of involuntary clearing of the throat” and “a little bit of unintentional speaking” are not included, if there is a lot of clearing of the throat and speaking. Therefore, the prayer is invalidated because of their abundance, even if they occur out of necessity, forgetfulness and so on.

Or the prayer is not invalidated because of a little speech that occurs because the tongue is already spoken.

Or he does not understand that it is haraam to talk during prayer, either because he has just converted to Islam, or because he is in the company of Muslims, or because he is far away from scholars, who know the rulings on this issue.

If he says the greeting of peace because he forgot and then speaks a word, or he does not know that what he is doing is haraam, but he knows what kind of speaking is haraam in prayer, or he does not know that clearing one’s throat invalidates the prayer, but he knows that speaking in prayer is haraam, then his prayer is not haraam. This issue is still not widely known by the common people.

5. Something enters the stomach that breaks the fast, even if it is only a little. It is also invalidated by eating a lot because one forgot, although this does not invalidate the fast.

If a person swallows phlegm that comes out of his head into the outside of his mouth, or swallows saliva that is impure because it is mixed with blood from his gums, even if it is white or slightly reddish like the color of tanbal, then his prayer is invalidated.

With regard to eating a small amount in general terms – which is not limited to the size of a grain – if it is done out of forgetfulness or ignorance that is not regarded as an excuse, or if it is done out of necessity, such as if the saliva of the phlegm comes out and cannot be wiped away, or if the saliva flows with the food that is stuck between the teeth, and he is unable to separate it, so he spits it out, then that does not affect anything, because there is an excuse.

6. Intentionally adding to the pillars of the fi’li, which is not in a state of murmuring, such as adding to bowing or prostration, even if there is no thuma’ninah in it.

One of the things that invalidates the prayer, as our teacher said, is if, while sitting, a person bends down so that his forehead is in front of his knees, even if this is done in order to sit tawaruk or iftirasy, both of which are recommended. This is because doing an action that invalidates the prayer cannot be forgiven for the sake of doing a Sunnah action.

It is forgiven to sit for a moment, the size of a resting seat, before prostration, after prostration of recitation, and for the masbuk praying partner, after the imam’s greeting that does not coincide with the partner’s initial tashahhud.

As for additions that occur due to forgetfulness or ignorance, they are considered excuses, and they do not affect the validity of the prayer, just as they do for additions that are not obligatory, such as raising the hands in an improper place, or adding a pillar of gauli, such as Al-Fatihah: or a pillar of fi’li in a state of maccum, such as bowing or prostrating before the imam, then returning.

7. Believing or mistaking the obligatory prayer for a Sunnah, because this is considered playful.

It is not invalid if a person who is legally blind believes that the acts of prayer are fard: or he understands that there are fard and sunnah acts in prayer, but he cannot distinguish between the sunnah and the fard, and does not mean that certain acts of prayer are sunnah. It is not invalid if the legally blind person believes that all the actions in the prayer are fard.

Warning!

This includes canceling the prayer:

1. Hadas, even if unintentional.

2. Exposure to an impurity that is not mema’fu (on the body, clothes or place of the person praying), unless the impurity is removed immediately.

3. Uncovering of the ‘awrah, unless it was uncovered by the wind, then immediately covered again.

4. Deliberately leaving the pillars.

5. Doubting the intention of takbiratul ihram or the condition of that intention, even though the prayer has progressed through one pillar of gauli or fi’li, or there has been a long period of doubt. Going beyond a part of the pillar of gauli that occurs with a long or short period of doubt, but the recitation that is recited in that doubt does not count as anything, is like going beyond the whole of it (doubting the intention of takbiratul ihram or the condition of it, in which case it invalidates the prayer -pen).

Branches:

If a person is told by someone who is fair in narration that he has been defiled or exposed in a way that invalidates the prayer, then it is obligatory for him to accept the news, but if what he is told is some kind of talk that invalidates the prayer, then it is not obligatory for him to accept the news. (The difference between fairness in the narration and fairness in the Shahada: The former includes slaves and women, while the latter is specific to free people and men).

It is Sunnah for the one who is praying alone (munfarid), knowing that a congregational prayer is being offered, to turn the fard prayer that he is praying, which is not a kadham prayer, into an absolute Sunnah prayer, and to greet the congregation after two rak’ahs, if he does not stand for the third rak’ah at that time, and then join the congregational prayer.

If he fears that he will fall behind the congregation if he completes the two rak’ahs, then it is mustahabb to interrupt his prayer and start again in congregation. This is what Imam Nawawi said in al-Majmu’.

Imam Al-Bulgini discusses: He should say salam, even if it is only one rak’ah.

With regard to standing for the third rak’ah, one should complete that rak’ah if one is not worried about falling behind the congregation, and then join the congregation.

فَصْلٌ فِى الْأَذَانِ وَالْاِقَامةِ

ARTICLE 5: ON THE CALL TO PRAYER AND THE IQĀMAH

Azan and Ikamah, according to dialect, mean: Announcing. Whereas according to syarak: The recitation of the well-known phrases in the Adhan and Ikamah (Allahu Akbar and so on).

The legal basis for the call to prayer and the Iqāmah is the consensus that preceded the famous dream of Abdullah bin Zayd one night when the companions of the Prophet were busy deliberating on how to gather people for prayer.

The dream was in accordance with the revelation to the Prophet. So, the ruling was based on the revelation, not the dream). The dream is as stated in Sunan Abi Dawud as follows: ‘Abd Allah, he said: “As soon as the Prophet ordered the bell to be rung to gather people for prayer, while I was sleeping, a man with a bell in his hand passed by.

So I asked him: “O slave of Allah, will you sell the bell?

He replied: ‘What will you use it for?’ I replied: ‘I will use it to call people to prayer.’ He said: ‘Would you like me to show you a better way than that?’

I replied: ‘I will and thank you.’ He then said: ‘Say: Allahu Akbar…: and so on until the end of the call to prayer.’

Then he went away from me, not very far, and he said: ‘And when the prayer is about to be performed, say: Allahu Akbar ….. until the recitation of the Iqamah’.”

Thus, after morning I came to the Prophet and told him about my dream. Then he said: “True its a true dream. God willing. Go to brother Bilal and tell him your dream of reciting the prayer, for he is the one who has a louder voice than you.”

I then went to him and told him about my dream, and then he said the prayer.

Companion Umar bin Al-Khaththab, who was at home, heard the call to prayer of Bilal, then came out dragging his sling and said: “O Messenger of Allah, by the One who sent you with the truth, I have dreamed a dream like that of ‘Abdullah ibn ‘Umar.” He replied: “All praise belongs to Allah.”

It is said: There were a dozen companions of the Prophet who had dreams like that of ‘Abdullah.

It is also mustahabb to call for prayers other than prayer, such as for people in distress, people who are unconscious (due to the jinn), people who are angry, people who call for prayers because of bad human or animal behavior, when there is a fire, and when ghosts, i.e. the jinn, are on the rampage.

It is also mustahabb to recite the azan and ikamah in both ears of a newborn (azan in the right ear and ikamah in the left ear), and when one is about to travel (as long as one is not going for immoral reasons).

Sunnah kifayah – that is, it is sufficient for some people to perform the call to prayer and the Iqāmah, based on the hadith narrated by Imam Bukhari Muslim: when the time for prayer has come, let one of you call to prayer”:

For men, even if they are young children, praying alone (munfarid), and even if they hear the call to prayer from someone else, according to the most correct view, as stated in Sharh Muslim.

But if he hears the call to prayer and wants to pray in congregation with them, then according to some commentaries it is not mustahabb for him to do the call himself.

(The above distress of adhan and ikamah) is only for the Maktubah prayers (five daily obligatory prayers) even if they are kadha prayers, not for the supererogatory prayers, Jenazah prayers and Nazar prayers.

If a person wants to skip one of the Adhan and Iqama, because time is short, then it is better to do the Adhan.

It is Sunnah to call to prayer twice at Fajr, once before dawn and once after dawn. If one wishes to do only one of them, then it is preferable to do the adhan after dawn.

It is Sunnah to call to prayer twice: Friday, one after the khotib has ascended to the pulpit, and the other before that.

It is just that the call to prayer twice for the Friday prayer was first performed by Uthman bin Affan r.a., after the Muslims became more numerous.

Based on that, it is mustahabb to call twice if there is a need for it, because their presence depends on the call. If this is not the case, then it is preferable to make the call to prayer once, in imitation of the Messenger (i.e. when the khotib is on the pulpit).

It is Sunnah to make only one call to prayer for the first prayer for those prayers that are connected. For example, kadha prayers, two plural prayers, a kadha prayer and a ada’ prayer, in which the time has already come, but the call to prayer has not yet been made.

The Sunnah of Iqama for each of the prayers mentioned above is based on following the Prophet (peace be upon him).

For women, it is Sunnah to perform the Iqama in a low voice, as well as for transvestites.

It is not makrooh for a woman to call to prayer for women in a low voice: if she does it loudly, then it is haraam.

Sunnah prayers that are prescribed to be performed in congregation, such as the Eid, Tarawih and Witir prayers in Ramadan, which are performed separately from Tarawih, and the Eclipse prayer, are also called: “Ash-Shalata Jami’ah. The pronunciation of اَلصَّلاَةَ can be read nashab as a composition /ghra’, and can be read rafak as mubtada’, while the pronunciation of جامعة can be read nashab as Haal, and can be read rafa’ as the khabar of the Mubtada’.

It is sufficient to call out “Ash-Shalah Ash-Shalah” or “Halummuu ilash shalah” Come on, pray!).

And it is makrooh to call out “Hayya alashshalah” (Come, offer the prayer).”

The above call should be announced after the time for prayer has arrived and repeated when going to perform it, so that it can replace the position of the adhan and ikamah.

Not included in our definition of “for congregation” are voluntary prayers that are not recommended to be performed in congregation, or voluntary prayers that are performed alone, such as the Nazarite and Jenazah prayers.

Conditions of Azan and Iqama

1. Orderly, i.e. reciting the words of adhan and ikamah in an orderly manner, as is well known, and this is based on following the Prophet (peace and blessings of Allaah be upon him).

If the words of the Adhān are reversed, even if it is not intentional, then the Adhān is invalid (and if he reverses the words of the Adhān and Iqāmah), then he may continue with the sequence of words.

If part of a sentence is left out, then the sentence should be read, and the sentence that follows it should be repeated (this is if there is not a long gap in time).

2. Intercutting between words. But there is nothing wrong with a little speech or silence between words, even if it is intentional.

It is Sunnah to recite the Hamdalah: in a low voice when sneezing (during the Adhan or Iqamah), and to delay answering the greeting and praying for the sneezer until the Adhan or Iqamah is over.

3. Loud voice, if performing the Adhan and Iqama for the congregational prayer. Therefore, (for the sake of the main point of the Sunnah) it is permissible for all the words of the Adhan and Iqāmah to be heard by one person only.

As for the adhan and ikamah for oneself, it is sufficient that the voice can be heard by oneself (because the purpose is dhikr).

4. The time for prayer has entered during the Fajr prayer. This is because the purpose of the call to prayer is to announce it, so it is not permissible or valid to do it beforehand. With regard to the call to Fajr, it is valid from halfway through the night.

It is Sunnah to say the Adhān twice, for the two Fajr Adhāns. That is to say: Ash-Shalatu Khoirum minan naum (Waking up hastily for prayer is better than the pleasure of sleep) twice, recited after reciting “Hai’alatain” (Hayya alash shalah and Hayya alal falah).

The Sunnah tatswib is also performed for the adhan of the kadha Fajr prayer, for other than the Fajr prayer it is makrub.

The Sunnah of Tarji’ is to recite the two words of the shahada in a low voice, before reciting them aloud. Reading aloud is generally expected, so that those who are close to him can hear. This is based on ittiba’ to the Prophet (peace be upon him). However, the adhan is valid even without tarji’.

It is Sunnah to place the tips of the two forefingers of the hands on each ear canal at the time of the adhan, not the ikamah, because this may gather the sound.

In this case our teacher said: If the one who is reciting the prayer wants to raise his voice.

If one hand is blocked, then the other hand does it, or if the index finger is blocked, then the other fingers are used.

Sunnah at the time of adhan and ikamah:

1. Standing, performing the call to prayer in a high place.

If a mosque has no tower, then it is Sunnah to call to prayer in the attic (if there is none), then it is Sunnah at the door.

2. 2. Facing the qiblah: If one is not facing the Qiblah, then the ruling is makrooh.

3. Turning the face – not the chest – at the time of the adhan, to the right side for two times each to recite Hayya alash shalah, then facing the qiblah again: and to the left side for two times each to recite Hayya alal falah, then facing the qiblah again: This is the case even for the call to prayer before the sermon and for one’s own call to prayer (in the case of ikamah, it is not prescribed to turn one’s face away).

At the time of Tatswib it is not mustahabb to look away, because there is disagreement among the fuqaha’.

Warning:

It is Sunnah to raise one’s voice during the call to prayer above one’s own hearing for the munfarid. As for the call to prayer in congregation, it is Sunnah to be heard by one of them.

It is Sunnah for both of them to raise their voices as high as possible, because this is commanded.

It is Sunnah to lower the sound of the call to prayer, if it is done in a mushalla where the congregational prayer is being offered and the people have dispersed.

In the Adhān, the Sunnah is to be tartil, and to be quick in the Iqāmah. The first takbeer should take a sukun for the letter ra’: If it is not pronounced with a sukun, then according to the opinion of Al-Ashah, it is pronounced with a dhammah.

It is also Sunnah to recite the idgham of the letter dal of مُحَمَّدٍ into the ra’ of رَسُوْلُ الله , because leaving it out is a “Lahn khafi” (hidden reading error).

It is better to say the fia’ of الصلاة (on both Hayya).

It is makrooh to call to prayer and Iqāmah for one who is in a state of impurity, a child and the ungodly. It is not valid to give the Adhaan and Iqāmah to a child or an impious person.

Azan and Iqāmah are preferable to Imām, and the basis for this is the statement of the Almighty: “There is none better than the one who calls to Allah (with tawhid)”. In this regard, Aisha explained: They are the ones who call to prayer.

It is said: Imamah (leading the prayer) is better than the call to prayer and the Iqāmah. There is no dispute that leading the prayer is better than doing the call to prayer or the Iqāmah alone.

It is Sunnah for the one who hears the call to prayer or the Iqāmah – with hearing that can distinguish the letters, otherwise it is not regarded as hearing, according to the opinion of our Master – to say the words of the call to prayer and Iqāmah (which the muezzin pronounces), even if he does not have ablution, is junub or menstruating: -according to Imam As-Subki, it is not Sunnah for a junub or menstruating person to answer the call-or to perform istinja (if he is not in a toilet), according to the prevailing opinion, if there is no action that would change the meaning of the call or Iqama.

For this reason, as soon as the call to prayer or the Iqāmah is finished, he should imitate it immediately, even if he does not hear it in tarji’.

If a person hears only some of the words of the adhan, then he should imitate them and imitate what he does not hear.

If the call to prayer is made by the muezzins many times in an orderly manner, it is Sunnah to answer all of them, even if one has already prayed. (It is makrooh not to answer the first call to prayer.

(If the person who is listening to the call to prayer) is engrossed in reciting Algur, dhikr or prayer, then it is Sunnah to interrupt him to answer the call to prayer.

It is not permissible for those who are having intercourse or who have a desire to do so to answer the call to prayer, but they should answer it when they have finished. This is the case with those who are praying, but only if there is not much time between them.

It is not makrooh to answer the call to prayer for the one who is in the bathroom and the one whose body, not his mouth, is impure, even if he finds something with which to purify it.

(Mimicking the words of the Adhan and Iqamah), except for the words of Hayya. For this reason, the one who answers should recite Hauqalah, which means saying: Laa haula wa laa quwwata illaa billaahil ‘aliyyil azhiim, ie: There is no power to get away from sin, and no effort to do obedience, except with the help of Allah.

You should make tashdiq, which means reciting “Shadaqta wa barirta” twice (You are righteous and have many virtues), at the time of the muezzin, at Fajr time.

When the two words of ikamah (Qadqamatish shalah) are said, the listener should recite Agamahallah wa adamaha ….. and so on. (May Allah be pleased to establish and perpetuate the prayer, “and make me among those who are righteous in the performance of the prayer).

It is Sunnah for all of them, including the muezzin, the person doing the Iqamah and the listeners, to recite the salawat salam to the Prophet (peace be upon him) after each Adhan and Iqamah.

That is, after each of the Adhan and Iqāmah, if there is a long interval between them. Otherwise, one supplication is sufficient for both.

Then they continue by raising their hands and saying: Allahumma ……. and so on. (O Allah, Lord of the safe call -azan and ikamah and the prayer to be established, bring upon the Prophet Muhammad wasilah and fadhilah and send him to the praiseworthy degree, which You have promised).

Wasilah is the highest degree in heaven, while Maqamul Mahmudah is a degree of intercession on the Day of Judgment when the law is decided.

It is Sunnah to recite after the Maghrib adhan: Allahumma …, and so on. (O Allah, this is the beginning of Your night, the closing of Your night and the voices of those who call to Your way, so forgive me my sins!).

It is Sunnah to recite the salutation to the Prophet (peace and blessings of Allaah be upon him) before the Iqāmah, as stated by Imam An-Nawawi in Sharīʿah al-Wasith, which was later adopted by our teacher Ibn Ziyad. Then he adds: As for reciting the salawat before the adhan, I have never found any legal basis for it.

Ash-Shaykh al-Kabir al-Bakri said: It is mustahabb to recite the salawat before the adhan and ikamah, and it is not mustahabb to recite Muhammad (peace be upon him) afterwards.

Imam Ar-Rauyani in Al-Bahr said: It is Sunnah to recite the verse of Kursi between the Adhan and Iqāmah, as mentioned in a hadith: “Indeed, whoever recites the verse of Kursi between the Adhan and Iqāmah, the sins committed between the two prayers will not be recorded.”

Branches:

Imam al-Bulqini issued a fatwa about a person who finishes wudoo’ and the muezzin’s call to prayer coincides with it, saying that he should recite the dhikr of wudoo’, because it is an act of worship in itself, and then recite the dhikr of the call to prayer.

He said: What is good is that he should recite the two creeds of ablution first, then continue with the call to prayer, because this prayer is directly related to the Prophet, and then pray for himself.

فَصْلٌ فِى صَلاَةِ النَّفْلِ

ARTICLE 6: ABOUT VOLUNTARY PRAYERS

According to the language, النَّفْلِ is an addition. According to Shari’ah, it is an action for which there is a reward if done, but no punishment if omitted.

Nafl can also be termed Tathawu’, Sunnah, Mustahab and Mandub.

The reward of the obligatory act is more than 70 times the reward of the voluntary act, as stated in a hadith authenticated by Imam Ibn Khuzaimah.

The purpose of nafl is to make up for shortcomings in the performance of obligatory duties, so that in the Hereafter – rather than in this world – it will be possible to make up for obligatory duties that were missed because of an excuse, such as forgetting.

Prayer is the most important bodily act of worship after saying the two creeds. Therefore, the fard prayers are the most important and the voluntary prayers are the most important among other voluntary acts.

The order of precedence under prayer is fasting, Hajj, then zakaah: this is what some scholars have confirmed.

Some say: The most important is zakat. Some say it is fasting, some say it is Hajj, and some say it is none of these (among them is Jihad -pen).

The dispute here is if one act of worship is practiced a lot, according to the general view, while the other act of worship is only practiced as a mustahabb (obligatory) act:

If this is not the case, then fasting one day is better than praying two rak’ahs.

SUNNAH PRAYERS FIRST PART

There are two kinds of voluntary prayers: First, it is not recommended to pray in congregation, such as the Rawatib prayers that follow the fard prayers whose details will be explained below.

It is recommended based on the sahih traditions in the Sunan books (Sunan Abi Dawud, An-Nasai, Ibn Majah and At-Tirmidhi):

1. Four rak’ahs before Asr.

2. Four rak’ahs before Zhuhr prayer, and four rak’ahs after.

3. Two rak’ahs after the Maghrib prayer.

It is also recommended that this be followed by the fard prayer (Maghrib).

The blessing of the connection cannot be lost because it is separated by the dhikr that is ma’tsur, which is recited. After the five daily prayers.

4. Two light (short) rak’ahs after the ‘Isyak prayer.

5. Two rak’ahs before ‘Isyak, if it is not possible to hear the call to prayer. Therefore, if there is time between the call to prayer and the Iqāmah to do two rak’ahs, one should do so; if not, one should delay it until after the obligatory prayers.

6. Two rak’ahs before the Fajr prayer. It is recommended to shorten this prayer and recite Sūrat Al-Kafirun and Al-Ikhlash in the rak’ah.

This is based on a hadith narrated by Imam Muslim and others.

It is also mentioned that what is recited here are Sūrat al-Inshirah and al-Fiil. Indeed, whoever makes it a habit to pray by reciting these two sūrahs, the disease of bawasir will disappear.

In order to reveal that which came from the Prophet (peace and blessings of Allaah be upon him), it is Sunnah to recite all of these suras (the first rak’ah recites Sūrat al-Inshirah and Al-Kafirun, the second rak’ah recites Sūrat al-Fil and Al-Ikhlash). This is based on what Imam An-Nawawi said in the matter of reciting “Innii zhalamtu nafsii zhulman katsiiraa kabiiraa“. (This is similar to the recitation of the verse that ends with the words كثيرا and كبيرا, so it is mustahabb to put them together).

This is not regarded as extending the rak’ah beyond the limits of the Sunnah and ittiba’, as our teachers Ibn Hajar and Ibn Ziyad said.

It is Sunnah to lie on one’s side between the two voluntary rak’ahs of Fajr and the obligatory prayer, if the voluntary prayer does not come later than the obligatory prayer, even if one does not make tahajj. It is preferable to lie on the right side of the body.

If he does not wish to do so, he should separate the two prayers by some kind of conversation or moving from one place to another.

Warning!

It is permissible to delay the Rawatib gabliyah prayer after the fard prayer, and this is still considered to be present’.

Sometimes this kind of delay is actually recommended, such as when a person arrives and the prayer has already been offered, or the time of Iqama is approaching, so that if he prays two rak’ahs first, he will miss the imam’s Takbiratul ihram. In such a case, it is makrooh for him to pray a voluntary prayer first.

It is not permissible to give precedence to a voluntary ba’diyah prayer over the fard prayer to which it relates, because the time for it has not yet come. The same applies after the time for it has passed, according to some commentaries.

The number of Rawatib Muakad is ten rak’ahs. They are: Two rak’ahs before Fajr prayer, two rak’ahs before Zhuhr prayer, two rak’ahs after it, two rak’ahs after Maghrib prayer and two rak’ahs after Isyak prayer.

7. Salat Witr after the ‘Isyak prayer, based on the hadith: “Salat Witr is the right of every Muslim.”

The Witr prayer is better than all the Rawatib prayers that have been mentioned, because there is disagreement about its obligation.

The least number of rak’ahs is one, even if it is not preceded by a voluntary prayer: Isyak or other.

Imam An-Nawawi said in al-Majmu’: The minimum perfect limit is 3 rak’ahs, 5 rak’ahs and above that is 9 rak’ahs.

The maximum number of Witr prayers is 11 rak’ahs. Therefore, it is not permissible to exceed this limit. Thus, the Witr prayer is always performed with an odd number of Rak’ahs.

If a person makes takbirat al-Ihrams without intending the number of rak’ahs, then his takbirat is valid, and he may pray Witr in whatever rak’ahs he wishes, according to some commentaries.

As if the discussion of some of the fuqaha: Analogizing the issue of a person praying a Wiur prayer with the intention of a certain number, so that he may increase or decrease the number – with the issue of an absolute voluntary prayer – is wrong and clearly wrong.

Their explanation is also that: It is found in Imam Al-Ghazali’s kalam from Imam Al-Faurani like the above opinion, this is also a mistake, as can be seen from the book of Al-Basith (belonging to Imam Al-Ghazali -pen).

This rule of not adding or subtracting rak’ahs applies to a person who intends to pray four rak’ahs of the voluntary Zhuhr prayer in a continuous manner (with one salam). Therefore, he cannot break the four Rak’ahs with two Rak’ahs of Taslīm, even if he had the intention of breaking the Rak’ahs before breaking the Rak’ahs. There is disagreement among some of the fuqaha’ as to whether this is permissible. -finished-.

It is permissible for the one who is praying Witr to separate his prayer by doing two rak’ahs of salam. In fact, this is better than continuing the prayer with one or two rak’ahs in the last two rak’ahs (like the Maghrib prayer).

It is not permissible to continue the Witr prayer beyond the two tashahhuds (because the Prophet never did so).

Joining other than three rak’ahs is khilaful aula, while joining three rak’ahs is makrooh, because the Hadīth prohibits doing so: “Do not compare the Witr prayer with the Maghrib prayer.” (Washal: joining the Rak’ahs of the Witr prayer together with a single Takbiratul Ihram. So, there is no separation between the last rak’ah and the previous one with takbiratul ihram. Fashl/separation is: Separating the Rak’ahs of the Witr prayer with takbiratul ihram (i.e. each of the two Rak’ahs should be greeted once, or the last Rak’ah and the previous Rak’ah should be separated with takbiratul ihram).

It is Sunnah for the person who prays three Rak’ahs of Witr to recite Sūrat Al-A’la in the first Rak’ah, Al-Kafirun in the second Rak’ah and Al-Ikhlaash, An-Naas, Al-Falaq in the third Rak’ah as an act of ittiba’ to the Prophet.

If one performs the prayer. Wjitir for more than 3 rak’ahs, it is recommended to recite the above surah in the last 3 rak’ahs, if the last rak’ah is separated from the previous rak’ah: If it is not separated, then it is not recited, as per the fatwa of Imam al-Bulqini.

It is Sunnah for those who pray more than three Rak’ahs of Witr to recite Sūrat al-Ikhlaash in the first and second Rak’ahs, whether the Rak’ahs are separated or connected.

After the Witr prayer it is recommended to recite the supplication: “Subhanal malikil quddus” (Glory be to the Holy King) three times, the third time the voice is raised, then recite: Allahumma …….. and so on. (O Allah, I seek refuge with Your pleasure from Your wrath, with Your welfare from Your punishment, and with You, from You I cannot count how many praises to You as you praise yourself).

The time of Witr prayer is like the time of Tarawih prayer, which is between Isyak prayer, even if performed after Maghrib prayer in jamak taqdim prayers, until dawn breaks.

If that time has expired, then it is not permissible to make it up before the time of ‘Isyak, as is the case with the Rawatib ba’diyah prayer. This is different from the view of some of the fuqaha who are of the opinion that it is permissible.

If it is clear that the ‘Isyak prayer that he prayed is invalid, even though he prayed Witr or Tarawih, then this prayer is regarded as an absolute voluntary prayer.

Branches:

If a person believes that he can wake himself up before dawn or be woken up by someone else, then it is mustahabb to delay the entire Witr prayer – even if it is not Sunnah to delay the Taraweeh prayer from the beginning of the night – until the end of the night, even if this delay causes him to miss Witr in Ramadan. This is based on a hadith narrated by Imam Bukhari-Muslim which means: “Make the Witr prayer the last part of the night of your prayer.”

The Sunnah places the Witr prayer behind all the Lail prayers performed that night.

For those who do not believe that they can wake up before dawn, it is Sunnah to pray Witr before going to bed. If he is able to wake up, it is not recommended for him to repeat it (even if he repeats it with the intention of doing Witr deliberately and knows the ruling of this kind, it is haraam and his prayer is not valid, because of the Hadīth which means: “It is not permissible to do two Witrs in one night”).

If he prays Witr after waking up, he will also get the reward of the Sunnah Tahajud prayer, because the Tahajud prayer is prayed after waking up. If he prays it before going to bed, then he will only get the reward for praying Witr.

Some say: What is preferable is to do Witr before going to bed on an absolute basis (whether one is certain that he will wake up before dawn or not -pen), then get up and do tahajj. This is based on the words of the Companion Abi Hurayrah: The Messenger of Allah commanded me to pray Witr before going to bed -HR. Bukhari-Muslim-.

The reason for this dispute is that Abu Bakr (may Allah be pleased with him) would pray Witr before going to bed, then wake up and do tahajjud, whereas ‘Umar (may Allah be pleased with him) would sleep before praying Witr, then wake up and do tahajjud and pray Witr.

Then, each of them reported their actions to the Prophet. He replied: “This one (i.e. Abu Bakr) did it out of caution, and this one (Umar) did it out of strength.”

It is reported that ‘Uthman ibn Affan (may Allah be pleased with him) did as Abu Bakr (may Allah be pleased with him) did, and ‘Ali (may Allah be pleased with him) did as ‘Umar (may Allah be pleased with him) did.

Al-Ghazali in AlWasth said: Imam Ash-Shafi’i r.a. chose what the Companion Abu Bakr r.a. did.

As for the two rak’ahs after Witr, as some people do sitting, this is not a Sunnah of the Prophet (peace and blessings of Allaah be upon him), as explained by al-Jaujari and al-Sheikh Zakariya.

Imam An-Nawawi said in al-Majmu’: Do not be persuaded by a person’s belief that it is Sunnah to do something and that he is commanded to do it. That is because he is ignorant of the ruling.

8. Dhuha prayer, based on Allah’s words: “They recite Tasbih in the evening and isyraq”. Ibn Abbas explained: The Isyraq prayer is the Dhuha prayer.

Imam Bukhari-Muslim narrated a tradition from the Companion Abu Hurairah who said: My beloved, the Prophet, bequeathed me three things: 1 Fasting three days every month: 2. Dhuha prayer of two rak’ahs, 3. Witr prayer before going to bed.

Imam Abu Dawud narrated that the Prophet performed the Dhuha prayer, and he would say salam after every two Rak’ahs.

The minimum is two rak’ahs, and the maximum is eight, as stated in the books of At-Tahqiq and Al-Majmu’ (both of which belong to Imam An-Nawawi). This is also the view of most of the scholars. Hence it is haraam to add more rak’ahs than these.

These eight rak’ahs are the best, as mentioned in the book of Ar-raudhah and the original. According to this view, increasing the number of these rak’ahs with the intention of praying Dhuha to 12 rak’ahs is permissible.

It is recommended to greet once after every two rak’ahs.

The time of the Dhuha prayer is from when the sun rises to the level of a spear until it slips westward. (The best time to offer the Dhuha prayer is when a quarter of the noon time has passed, according to a sahih hadith.

If there is a conflict between delaying the Dhuha prayer until a quarter of noon and the virtue of doing it in the mosque if one does not delay it (i.e., if one delays the Dhuha prayer until a quarter of noon, one cannot do it in the mosque, and if one does it in the mosque, one cannot delay it until a quarter of noon), then it is preferable to delay it until a quarter of noon, even if one cannot do it in the mosque in the end. This is because the virtue associated with time is more important to be observed than that associated with place.

In the Dhuha prayer, it is recommended to recite Sūrat As-Shams and Adh-Dhuha. Another hadith mentions Sūrat al-Kafirun and Al-Ikhlaash.

According to the more reasonable opinion: The two rak’ahs of the Isyraq prayer are included in the Dhuha prayer. This is different from the view of Imam Al-Ghazali and his followers.

9. Tahiyatul mosque prayer, even if he has repeatedly entered or does not want to sit in the mosque. This is the view of Ash-Sheikh Nashr, who was followed by Ash-Sheikh Zakariya in Sharhah Mmhaj and Tahrir in his words: If the person wants to sit in the mosque, then it is mustahabb to pray Tahiyat al-mosque, otherwise it is not mustahabb, because of the hadith narrated by al-Bukhari and Muslim: “When any one of you enters the mosque, he should not sit down until he has prayed two rak’ahs.”

The obligation of Tahiyat al-mosjid ends when one has sat for a long time, as well as for a short time, if one has not forgotten or does not know.

It is similar to the two sittings – according to some commentaries – when a person is thirsty and needs a drink, so he sits for a while to drink, then performs the Tahiyatul mosque prayer.

The obligation here cannot end with a long period of standing, or having turned away from doing it.

For those who have entered ihram for the tahiyatul mosque prayer, it is permissible to continue the prayer sitting.

It is makrooh to leave the Tahiyat al-mosque prayer without any hindrance,

However, if it turns out that the Friday or other prayers are approaching, and he fears that he will miss the blessings of takbiratul ihram if he prays Tahiyatul mejid, then he should wait by standing.

For those who are unable to perform the Tahiyat prayer, even if it is due to hadas, it is Sunnah to say: Subhaanallaahi…. and so on 4x (Glory be to Allah, all praise belongs to Allah, there is no God but Allah, Allah is the Greatest, and there is no power or effort, except with the help of Allah, the Greatest).

The Tahiyatul mosque prayer is makrooh for those who enter the mosque after the time of the sermon, and for those who will circumambulate the Ka’bah after entering the Grand Mosque.

But it is not makrooh for a teacher. This is different from the view of some of the fuqaha’.

10-13. Two rak’ahs of Istikharah prayer, Ihram, Tawaf and prayer after wudu.

The Tahiyatul mosque prayer and the one that follows it are automatically fulfilled by performing two or more rak’ahs of other fard or voluntary prayers, even if they are not included in the intention. In other words, the command to perform these prayers is canceled because of the other obligatory or voluntary prayers.

Whether or not they will be rewarded: One opinion says: It is rewarded if the intention is made, based on a hadith which means: “The validity of a deed depends on the intention”. This is what a group of Mutaakhirin scholars said, and it was adopted by our teacher.

However, according to the words of Ashhabu Shafi’i (a jurist from the Mutagadimin period), it is still rewarded, even if it is not accompanied by an intention. That is the conclusion of the words in al-Majmu’.

The Sunnah surah recited in the first rak’ah of the Wudu prayer, the verse “Walau Annahum ….” and so on (An-Nisa’: 64), and in the second rak’ah the verse “Wa mayya’mal” and so on (An-Nisa’: 110).

14. Among the voluntary prayers that are not recommended to be prayed in congregation is the Awwabin prayer, which is 20 rak’ahs after Maghrib and before Isyak.

There is a narration that says: The Rak’ahs are six, four and two: this is the least.

The Awwabin prayer has been accomplished on its own, because there is the kadha prayer. This is different from our teacher’s opinion.

It is preferable to do it after the remembrance of the Maghrib prayer.

15. (Among the voluntary prayers that are not recommended in congregation are) the Tasbih prayer, which is: Four Rak’ahs with one or two Tasbeehs. The Hadīth describing it is a Hasan Hadīth, because it has many narrators. –

The reward for praying tasbih is infinite. From this, some of the scholars of tahkik said: All of them say about the greatness of this prayer, and no one will leave it, except the one who neglects his religious affairs.

(The procedure is) for every one rak’ah recite “Subhanallah …” and so on 75x (Glory be to Allah, all praise be to Allah: There is no God but Allah, Allah is the Greatest).

(With details) 15 times after reciting Al-Fatihah, 10 times during bowing, ikudal, prostration twice and sitting between two prostrations, all of which are recited after each remembrance that applies there, and reciting Tasbih 10 times when sitting in rest.

(The takbir is after rising from the second prostration and when starting to sit in repose, not when rising from sitting in repose.

When sitting for tashahhud before reciting tashahhud, recite Tasbih 10 times.

It is also permissible to recite Tasbeeh 15 times, recited before Al-Fatihah (and reciting the surah). This means that the Tasbeeh that should be recited when sitting in repose is recited after reciting Al-Fatihah.

If he remembers that he did not recite Tasbeeh during bowing, he should not go back to bowing, and he should not recite Tasbeeh during bowing, because bowing is a short pillar, but he should recite Tasbeeh during prostration.

It is Sunnah to pray Tasbih every week or month.

SECOND PART OF SUNNAH PRAYERS

The second part is the voluntary prayers that are recommended to be performed in congregation.

1. Eid al-Fitr and Adha prayers. The time: Between sunrise and sunset towards the west.

The number of rak’ahs is two.

It is Sunnah to say 7 takbirs after reciting the Iftitah prayer in the first rak’ah -even if it is a kadha prayer, according to some commentaries-: and 5 takbirs in the second rak’ah.

These takbirs are done before reciting the Ta’awudz in the first and second rak’ahs: and it is Sunnah to raise the hands in each takbir. This takbeer is recommended if one has not recited Al-Fatihah.

If in the first rak’ah Takbir is not done, then in the second rak’ah it is not Sunnah to be found (done).

It is Sunnah to recite Takbir aloud on the night of Eid al-Fitr and Eid al-Adha, from the time the sun sets until the imam enters for the Takbiratul Ihram of the Eid prayer (this Takbir is called Takbir Mursal/ Absolute because it is not tied to prayer or anything else -pen).

Every prayer, even the “funeral prayer”, from Fajr on the day of Arafat (the 9th of Dhu’l-Hijjah) to the ‘Asr prayer on the 13th of Dhu’l-Hijjah: also on the 10th of Dhu’l-Hijjah when you see an animal or hear its voice (Takbir in: but Takbir Mugayyad, this is on the day of Adha).

2. The Solar and Lunar Eclipse Prayer is at least two rak’ahs, just like the voluntary Zhuhr prayer. The minimum perfection is to add standing, reciting Al-Fatihah and bowing in each rak’ah.

What is more perfect is to recite Sūrat al-Baqarah in the first rak’ah or its equivalent, and in the second rak’ah recite 200 verses of al-Baqarah, the third rak’ah 150 verses, and the fourth rak’ah 100 verses of al-Baqarah.

Then, during bowing and prostration in the first rak’ah, recite 100 verses of Al-Bagarah, 80 verses in the second rak’ah, 70 verses in the third rak’ah and 50 verses in the fourth rak’ah.

Then, after the prayer, two sermons follow. This means that it is Sunnah to give two sermons after the Eid al-Fitr and al-Adha prayers, even if they are prayed on the following day according to popular reports, and it is Sunnah to give two sermons after the eclipse prayer.

(In the sermon) the khotib opens his first sermon for the Eid prayer – not the Gerhanad with nine Takbirs, while the second sermon with seven Takbirs, all of which are done consecutively.

It is better to separate the two sermons by saying takbir, and to increase the recitation of takbir in between the sermons, as Imam As-Subki said,

It is not mustahabb for the people present to join in with the khotib,

3. Istsqa’ prayer, when there is a need for water, either because there is no water, but it is salty or because there is only a little, which is not sufficient for the need.

The procedure of the Istisqa’ prayer is like that of the FitriAdha prayer. However, the khotib recites istigfar instead of takbir when preaching, and faces the qiblah when praying in the middle of the second sermon, which is approximately after the second sermon has run a third.

4. Tarawih prayer, 20 rak’ahs with 10 salams, on every night of Ramadan.

Based on a hadith: Whoever observes the month of Ramadan (Tarauih prayers and other acts of worship) with faith and expectation of reward, his past sins will be forgiven.”

In the practice of Tarawih prayer, it is obligatory to say salam in every two rak’ahs. Therefore, if the greeting is in each of the four rak’ahs, the prayer is invalid. This is different from the voluntary prayers of Zhuhr, Asr, Dhuha and Witr.

In doing so, one should intend to pray Tarawih or keep Ramadan (Qiyamur Ramadan).

Doing it at the beginning of the time is preferable to doing it in the middle of the night after waking up. This is different from Imam Al-Hulaimi’s obscurity (unclear opinion).

It is called Tarawih, because those who perform it feel relaxed (rested) after two salutations, because they have been standing for a long time.

The secret of the 20 rak’ahs is this: The Rawatib Muakad prayer outside of Ramadan is 10 rak’ahs, but in Ramadan it is doubled, because Ramadan is a time of earnestness and preparation.

Repeating the recitation of surah Al-Ikhlash three times in the last rak’ah of the Tarawih prayer is a bad innovation. This is because it goes against the Sunnah of the Prophet, according to our teacher.

The Sunnah of praying Tahajud is based on consensus. Tahajud is the Sunnah prayer after waking up from sleep.

Allah says: “And in between the nights, observe tahajjud as a voluntary act of worship for you.”

There are many traditions that tell us about the virtues of the Tahajud prayer.

For those who are accustomed to it, it is makrooh to leave the Tajahud prayer without an emergency.

It is mustahabb to pray the Sunnah prayer every night after waking up, even if it is only two Rak’ahs. This is because the reward is very great.

The number of rak’ahs of the Tahajud prayer is unlimited. It is said that the number of rak’ahs is 12.

It is Sunnah to make many supplications and istigfar at night.

It is even better if it is done in the last half of the night. Preferably at the time of Suhoor, as Allah says: “And at the time of Suhoor, they recite Istigfar”.

It is Sunnah to wake up those who wish to pray Tahajud.

Sunnah muakad (timed) prayers, if they are missed, it is Sunnah to make up the missed prayers. Such as the Eid, Rawatib and Dhuha prayers.

This is not the case for voluntary prayers that have a cause, such as the eclipse prayer, Tahuyatul mesjid and after wudu.

Whoever omits the voluntary voluntary prayers that he is accustomed to, he will have to make up the sunnah.

The same applies to the memorization of prayers that are not prayers.

Absolute voluntary prayers (voluntary prayers that are not bound by time or cause) have an unlimited number of rak’ahs.

For those who pray the Absolute Sunnah, it is only permissible to perform one rak’ah, tashahhud and then salam. This is not makrooh.

If he intends to do more than one rak’ah, he may make tashahhud at every two, league, four rak’ahs and so on.

Or if he intended to do a certain number, then it is permissible for him to increase or decrease it, if he intended it beforehand, otherwise his prayer is invalid.

If he intends to do two rak’ahs, then forgets to stand up for the third rak’ah and remembers, he must sit down, and if he wants to add another rak’ah, he may stand up again. Then at the end of the prayer, it is mustahabb to prostrate.

If he does not want to do more rak’ahs, all he has to do is sit down, do tashahhud and prostrate himself, and then offer salam.

It is Sunnah for those who perform the Absolute Sunnah prayer, whether at night or during the day, to greet each of the two Rak’ahs. Based on a hadith agreed upon by Imam Bukhari-Muslim: “The night prayer is two Rak’ahs: two rak’ahs.” In another sahih narration: “and the voluntary prayer during the day”,

Imam An-Nawawi said in al-Majmu’: Extending standing is better than increasing the number of rak’ahs.

He said in al-Majmu’ that the order of precedence of the voluntary prayers is as follows: “Eid al-Adha, al-Fitr, eclipse of the sun, moon, Istisqa’, Witr, two rak’ahs before the Fajr prayer, all the Rawatib prayers -all on one level-, Tarawih, Dhuha, two rak’ahs of Tawaf, Tahiyatul mosque, Ihram, then the voluntary prayers after wudu.

Benefits:

As for the famous prayer on the night of Raghaib (i.e., the 12 Rak’ahs between Maghrib and sunset on the night of the first Friday of Rajab), the prayer of Nisfu Sha’ban and the prayer on the night of ‘Ashura (the 10th of Muharram), these are all bid’ah gabihah (blameworthy innovations), and the hadiths on which they are based are mandhu’ (fabricated) traditions, as our teacher said, in agreement with Imam Ibn Shuhbah and others.

Even worse is the tradition in some areas of praying five rak’ahs on the last Friday night of Ramadan after the Tarawih prayer, in order to make up for a year or a lifetime of missed prayers. This is haraam to do.

فَصْلٌ فىِ صَلاَةِ الْجَمَاعَةِ

ARTICLE 7: ON CONGREGATIONAL PRAYER

Congregational prayer was established in Medina. The congregation consists of at least an imam and a mum.

The levels of virtue of the congregation are as follows: Friday morning prayer, Fajr prayer, Isyak, Asr, Zhuhr, then Maghrib.

Praying in congregation for any of the five prayers – not the Friday prayer – is a Sunnah. According to the Muttafag ‘alaih hadith: “Praying in congregation is better than praying alone, a difference of twenty-seven degrees.” The superiority, as indicated by the hadith, is only stipulated by the Sunnah.

The wisdom of the extra 27 degrees is that praying in congregation has such a great benefit, which is more than praying alone.

Not included in the requirement of “ada’ (cash)”, is the maktubah prayer that is done in kadha. However, if the person praying the kadha prayer and the person praying the unam prayer are the same, then it is Sunnah to pray it in congregation.

If they are not the same, then it is a difference in virtue (khilaful aula), such as the case of praying the ada prayer with the kadha prayer or vice versa, praying a fard prayer with the imam of a naafil prayer or vice versa, and praying the Tarawih prayer with the imam of the Witr prayer or vice versa.

Not included in the “Maktubah” are votive and voluntary prayers. It is not Sunnah to pray them in congregation, but it is also not disliked to do so.

Imain An-Nawawi said. Al-Ashah said that praying in congregation is fard upon men, free and resident, for the ‘ada’ prayer only. This is to increase the shariah in the place where the congregation is established.

It is said: The ruling on congregation is fard, and this is the view of Imam Ahmad.

It says again: The ruling is that it is a condition for the prayer to be valid.

The efficacy of the Sunnah of congregation for women is not as strong as it is for men. Hence, the disgrace of leaving the congregation is only for men, not women.

Congregating in a mosque for men to pray the maktubah prayer is preferable. If the congregation is only found in his house, then this is better.

Likewise, it is better to do it at home if the congregation is larger than in the mosque. This is the view held by Imam al-Adzra’i and his Jains. Our teacher said: Viewed from various faces, it is the opposite.

If there is a conflict between the merits of praying inside the mosque (without congregation) and praying outside the mosque (but in congregation), then the one that has the clearer merits (i.e. congregation) takes precedence. This is because the virtue associated with the act of worship itself is more important than that associated with the place or time. And the virtue associated with the time is more important than that associated with the place.

It is mustahabb to repeat the maktubah prayer (because of the congregation), provided that the congregation is in time, and the repetition is not more than one time. In this case, our teacher, Imam Abil Hasan al-Bakri, was of the view that the repetition is unlimited, even if the first prayer was done in congregation with others, even if it was only one person, whether he repeats the prayer as the one who was the imam or the one who prayed the first or second prayer, and with the conditions of the fard, even if this prayer later becomes a Sunnah. Therefore, he must intend to repeat the required prayer.

Imam Al-Haramayn (may Allah have mercy on him) is of the view that in this case it should be made clear that the Zhuhr or ‘Asr prayers, for example, do not require the word fard. This is the view favored by Imam An-Nawawi in Ar-Raudhah. However, it is the first view that is favored by most scholars.

If it is clear that the first prayer is invalid, then the second prayer is not sufficient as a substitute, according to the view held by Imam Nawawi and our teacher.

This is different from the view of his teacher, Imam Zakariya, who follows Imam al-Ghazali and the view of Imam Ibn ‘Imad (they are of the opinion that the second prayer can replace the first one), i.e. if it is a compulsory prayer (if there is no contradiction with our teacher above).

Congregating with a large number of people is preferable to a small number of people, according to a hadith: “The larger the congregation, the more favorable it is to Allah”,

Except for an imam whose congregation is practicing innovation, such as being of the Rafidhi sect or practicing wickedness, even if it is only a few people: Then a small congregation is better. Even praying alone is better than praying in congregation with an imam who commits innovations. This is what our teacher said following his teacher, Imam Zakariya r.a.

The same applies if the imam of a large congregation does not intend to fulfill some of the pillars or conditions of the prayer (such as the Hanafi imam, who does not intend to fulfill the obligatory recitation of the Basmalah and facing the ‘Ain al-Giblah according to the requirements, but rather the Jihat al-Giblah is sufficient), even if he himself does so. This means that he is doing an obligation that is meant to be optional, which invalidates the prayer according to our madhhab (Shaafa’i).

Or (preferably a small congregation) if the small congregation is held in a mosque that is believed to be permissible to build.

Or because the mosque – which is close to the place of worship or far away – becomes empty because he is not present there, because he is the imam or people do not want to attend when he is not present.

Therefore, congregation in the mosque is more important than congregation in other places, even if there are many participants.

In fact, some scholars have stated that praying alone in a mosque that has become empty because of his departure is better than praying in congregation in another mosque.

According to the more reasonable opinion, the opposite is true.

If the imam in the small congregation is better than the imam, for example because of his knowledge, then joining him in congregation is better.

If there is a conflict between khushu and congregation (if you pray alone you can be khushu, but if you pray in congregation you cannot be khushu -pren), then congregation takes precedence. This is because the scholars are unanimously agreed that fardu kifayah is more important than sunnah. ..:

Imam Al-Ghazali issued a fatwa, which was later followed by Imam Abul Hasan Al-Badri in Sharh Kabir alal Minhaj, that it is preferable to pray alone for a person who cannot be solemn in congregation in most of his prayers.

Our teacher said: This is so, if the solemnity of the prayer is completely lost, then the prayer itself is better (but in the books Tuhfah and Fat-hul Jawab, which belong to our teacher, he still says that the congregation is better -pen). As for Imam Ibn ‘Abdis Salam’s fatwa that khushu is absolutely preferable, it is a fatwa that is based on the view that congregation is Sunnah.

If there is a conflict between being able to hear the imam’s recitation of the Qur’an and the congregation being small, without being able to hear the recitation, but the congregation is large, then the former is preferable,

The one who is praying alone may intend to share the prayer with the imam while he is in the middle of his prayer, even if the number of rak’ahs between him and the imam is different. However, it is makrooh to do so, except for the one who leaves the prayer congregation because, for example, the imam has an impurity. In that case, it is not makrooh to join the congregation with another (new) one.

If he starts to intend to recite in the middle of his prayer, then he must join the imam. If he finds that the imam has finished first, then he should complete his prayer as if he were a mufaraqah. If the imam does not finish first, then it is better to wait for him (rather than mufaraqah -pen).

The ruling on mufaraqah without an excuse is permissible but makrooh, because of that, the virtue of congregation is lost.

Mufaraqah because of an excuse, such as the imam being excused from the congregation because he missed a Sunnah (a Sunnah for which it is recommended to prostrate, or the validity of the Sunnah is disputed), such as the initial tashahhud, the Qunut and reciting a surah, or because the imam prolonged the prayer while the congregation was weak or busy, all of which do not take away from the virtue of the congregation.

Sometimes mufaraqah is obligatory. For example, if something happens that invalidates the imam’s prayer, then it is obligatory for the person praying to mufaraqah immediately. If he does not, then his prayer will be invalidated, even if he does not follow him. This is the consensus of the scholars, as stated in al-Majmu’.

The blessings of praying in congregation are available to those who pray other than the Friday prayer, as long as the imam has not recited the greeting of peace. That is, he has not yet uttered the letter “mim” in the first greeting, even if he did not sit with the imam, for example, the imam greeted him after he had entered ihram,

That is because he still has the pillar with the imam (i.e. takbiratul ihram ypen), so he gets all the rewards of congregation and its virtues. But it is below the virtue of the one who has the imam throughout his prayer.

Whoever catches part of the imam’s prayer from the beginning, then because of an excuse he mufaraqah, or the imam leaves the prayer because of some kind of hadas, then the mum still gets the reward of congregation.

With regard to the Friday prayer, it is not considered that a rak’ah has been performed unless one rak’ah has been performed, as will be explained later.

It is Sunnah for the group that has just arrived, while the imam has finished the last bow, to wait until the imam says salam, then they should start takbiratul ihram (congregation), if the time for prayer is not yet short.

It is also Sunnah to be patient with someone who has missed part of the imam’s prayer, and he hopes that another congregation will be established so that he can join it in its entirety. However, our teacher is of the opinion that: It is Sunnah to wait, if waiting does not take away the virtue of the beginning of the time or the time of endeavor, whether he hopes or believes that another congregation will be established.

Some scholars issued a fatwa: If a person intends to join the congregation, but he cannot find it, the reward for joining the congregation is still written for him, based on a hadith.

The blessing of takbiratul ihram can be attained by the mum coming when the imam is doing it, and following him afterwards without delay.

If the time for the imam to enter ihram has not yet come or has come, but he is delaying, then the virtue of entering ihram is lost. Indeed! But it can be forgiven if it was due to some misgivings.

Attaining Takbiratul Ihram with one’s imam is a virtue in itself, which one is enjoined to attain. This is because it is an option in prayer, and because the one who is able to do it continuously for forty days is written as one who is free from Hellfire and free from impurity, as mentioned in the hadith.

It was said: The virtue of takbiratul ihram can be attained by partially standing with the imam.

It is Sunnah not to hasten when leaving or walking in congregation, even if one fears that he will miss the takbeeratul ihram. The same applies to missing the congregation, according to the correct view, with the exception of the Friday prayer, in which case it is obligatory to walk as fast as one can, if one hopes to catch the takbeeratul ihram before the imam recites the salutations.

It is Sunnah for the imam and those praying alone to wait for those who enter the prayer with the intention of mukmum, during the bowing or final tashahhud: they should do so only for the sake of Allah, may He be exalted, and without prolonging or discriminating between those who enter, even if this is based on knowledge.

It is also Sunnah to wait during the second prostration, so that the muwafik can follow him, in order to complete the recitation of Al-Fatihah.

It is not Sunnah to wait for someone who is outside the place of prayer, even if it is a small mosque.

It is also not Sunnah for the one who has the habit of delaying the takbeeratul ihram until the imam has bowed. Rather what is Sunnah is not to wait for him as a teaching to him.

Imam al-Faurani said: It is haraam to wait for it, based on love (not for the sake of Allah).

It is Sunnah for the imam to shorten the prayer, because he is still performing the Sunnah of ab’adh and haiat, so long as he does not make it sufficient to do “the minimum that must be done” and does not do the most perfect, unless the mahshur is willing to be lengthened.

It is makrooh for the imam to prolong his prayer, even if it is so that others can follow him.

If the one who is praying (munfarid, imam or mum) sees some kind of fire, he should hasten his prayer. In this case, is it obligatory or not?

There are two opinions here, one of which is that it is obligatory, because it is saving an animal that is considered noble: and it is permissible for him to hasten the prayer because he wants to save some kind of property.

Similarly, it is permissible to hasten the prayer if one knows that a muhtaram animal is going to be harmed by the wrongdoer, or that it is going to drown, so it is obligatory to save it and delay the prayer or cancel it if the prayer is being prayed promptly: If what is being wronged by the wrongdoer is wealth, then saving it is permissible and it is makrooh to leave it.

It is makrooh to offer a voluntary prayer after the Iqāmah has been announced, even without the permission of the imam: If a person happens to be still in his voluntary prayer, it is Sunnah to complete it if he is not worried that he will fall behind the congregation. If he is worried, then the Sunnah is to interrupt it and follow the congregation: The congregation, if he does not expect another congregation to be established.

MAKMUM MASBUK

One rak’ah will be gained by the mum of a masbuk who finds his imam bowing, with two conditions that must be met, namely: First, he should be able to perform tacbiratul ihram and takbir down for bowing.

If he only makes takbiratul ihram, then the takbir must be intended for takbiratul ihram only.

The masbuk mum also completes his takbiratul ihram, before the imam is in the position of the minimum limit of bowing.

If it cannot be completed in this way, then it is not a rak’ah, but if the person praying it does not know that, then it is a voluntary prayer.

Another case is if the masbuk has the intention of bowing only (then the rak’ah/prayer is not finished), because there is no takbiratul ihram, or likewise the intention of bowing is accompanied by takbiratul ihram (then it is not finished), because it associates (between fard and sunnah) or also if it is generalized (no intention of bowing and no intention of takbiratul ihram, then it is also not finished), because there is a conflict of two garinah, namely garinah-takbir for iftitah and down to bow.

Therefore, it is obligatory to intend takbiratul ihram so that it can be distinguished from the opposite takbir, which is the takbir for bowing.

Secondly, by bowing with the imam, which is sufficient (as the imam is a pure person). Even if that is done by the mum in a rash manner, such as not immediately doing takbiratul ihram until the imam has bowed.

The word “bowing” is not included if the mum meets the imam in something other than bowing, such as the iktidal, and the word “sufficient bowing for the imam” is excluded if the imam’s bowing is not considered sufficient, such as the bowing of an imam who has hadas (or impurity) and the bowing of the imam in an extra rak’ah (which happens because he forgets and stands up).

It is found in the ruling of Imam Zarkasi, which was later quoted by Imam Al-‘Allamah Abus Su’ud bin Zhuhairah in. Hashiyah Al-Minhaj, that it is also stipulated that the imam must be an Ahlit tahammul (bearer). Hence, if he is a child, then he will not be able to perform the rak’ahs of the masbuk, because he is not an expert in tahammul.

The bowing done by the masbuk must be perfect. For example, it must be tuma’ninah before the imam returns from his rukuk in the minimum measure, which is the limit at which the two palms of the hands have reached the knees.

Thus, the drunk must be confident of being thuma’ninah with his imam at the time of bowing.

If the mum of a masbuk is unable to make tuma’ninah in his bowing before the imam stands up from bowing, or the masbuk is in doubt about making tuma’ninah, then he is not entitled to rak’ah.

(If the doubting masbuk adds one rak’ah after the imam has greeted him, then it is mustahabb for him to prostrate – as stated in al-Majmu’ah – because he doubted after the imam’s greeting about the number of rak’ahs, which means that the imam could not bear it.

In this case, Imam Al-Asnawi stated that it is obligatory to follow the imam who is bowing, because this is to gain one rak’ah in the prayer. (An example of a problem: If the time for prayer is short and a person finds someone praying while he is bowing: if he prays with him, he will still be able to find one rak’ah, and if he prays alone, he will not be able to find one rak’ah in his time, so in this case it is obligatory to follow him).

(If the masbuk finds that the imam has already said the first half of his rukuk, it is Sunnah for the masbuk to say the first half of his rukukuk with him. Therefore, if he finds his imam in the state of iktidal, then he must say Takbir for descent and the transfer of the next pillar, (while what is done does not count as a rak’ah -pen): If he finds the imam in prostration, for example – other than prostration of tilawah – then he should not say the Takbeer to go down in prostration.

It is Sunnah for the masbuk to follow the imam in reciting the dhikr that he encounters with the imam, namely reciting tahmid, tasbeeh, tashahhud and supplications. The same applies in the case of reciting the blessings on the family of the Prophet (peace and blessings of Allaah be upon him), even in the initial tashahhud of the congregation, as stated by our teacher (Ibn Hajar).

It is Sunnah for the masbuk to recite takbir when he stands up after the imam has given two salutations, if the sitting that he does with the imam at the end of the tashahhud is at the same time as the masbuk’s sitting. If he is praying alone, for example, the masbuk starts praying the third rak’ah of a four-moment prayer or the second rak’ah of the Maghrib prayer.

If this is not the case, then it is not Sunnah for him to stand.

It is Sunnah to raise one’s hand to follow the imam who is about to stand up from the initial tashahhud, even if this does not coincide with the sitting of the tashahhud masbuk.

It is not recommended for the masbuk to sit tawaruk on anything other than the final tashahhud.

It is Sunnah for him not to stand up except after the imam has said two greetings, and it is haraam for him to remain silent after the imam’s two greetings. If the seat is not his own (if he is praying alone, i.e., after the initial tashahhud). So if he sits deliberately and knows that it is forbidden, then his prayer is invalid.

It is not permissible for the masbuk to stand up before the imam’s (first) greeting. If he does so deliberately and without the intention of mufaragah, then his prayer is invalidated. What is meant by mufaragah here is mufaragah from the limit of sitting. But if he did that out of forgetfulness or ignorance, then his prayer after standing up does not count, so he sits down again and then stands up to continue praying after the imam has greeted him.

When he understands (or remembers that he stood up before the imam) and refuses to sit down, his prayer is invalidated.

This is different from the one who stood up deliberately to leave the imam in the initial tashahhud. In such a case, whatever the imam recited before he stood up (from his initial tashahhud) is valid, and he is not obliged to sit down again.

Conditions of Miming

The conditions of being a makmum include:

1. The intention to follow the imam, to pray in congregation or to share the congregation with the imam who is present, the intention to pray with him, or the intention to be a member of the congregation, all of which must be accompanied by Takbīr al-Ihrām.

Therefore, if the intention of igtida’ does not coincide with takbiratul ihram, then the Friday prayer is invalid, because the Friday prayer must be performed in congregation, so the prayer is still valid as a solo prayer, not in congregation.

If such an intention is abandoned or there is doubt about its fulfillment and he continues to follow the action of the prayer to another person, for example, if the other person bowed and he followed him or followed the greeting of another person without the intention of iqtida’, and he waited for the action or the greeting (because he wanted to follow him) for a long time according to general standards, then his prayer is invalidated.

The intention to lead or congregate with an imam other than the Friday prayer is Sunnah, so as to attain the blessings of congregation, and to avoid disagreement with the scholars who make it obligatory (al-Khuruj minal khilaf, mustahab -pen).

The intention to become an imam, which is made at the time of tashbiratul ihram, is valid even if there is only one person behind him, if he believes that this person will be in congregation – according to some scholars – because he will be the imam.

If the imam does not intend to lead the prayer, even if it is because he does not understand that some people are following him, then the blessings of the congregation for those people are still obtained, but not for the imam. If he intends to become the imam in the middle of the prayer, then from then on he gains the blessings of the congregation.

Regarding the imam in the Friday prayer, the intention to be the imam is obligatory from the moment of entering ihram.

2. The mum is not in a more forward position than the imam, with the heels viewed with certainty, even if the mum’s fingers exceed those of the imam.

As for doubting that he is ahead, this does not affect anything. Similarly, there is nothing wrong with the imam and the congregation being on the same level, but it is makrooh.

It is Sunnah for a man to take his place to the right of the imam, even if he is a child, if there are no other people present.

If the mum is not standing on the imam’s right, then it is Sunnah for the imam to move to his right (without doing much) because that is following the Prophet.

The place of the nakmum is slightly back from the imam, as the fingers of the nakmum are behind the heels of the imam.

If the person in attendance is a woman, it does not count as a man. Then it is for women,

should take a place behind the priest with more back.

Then, if another man arrives, he should take the place to the left of the imam, slightly backward.

Then, after entering ihram, it is mustahabb for the two of them to move backwards while still standing or bowing, so that they form a line behind the imam (if the two of them do not move backwards, then the imam must move forward).

It is Sunnah for two men who happen to “come together” or several men who intend to make igtida to the imam to line up behind the imam.

The Sunnah is to take your place in the first row, which is the row directly behind the imam, even if it is obstructed by the pulpit or pillar, then the row after the first ‘and so on.

The most important part of each row is the right side of the priest.

If there is a choice between standing to the right of the imam (but not in the first row) and standing in the first row (but not to the right of the imam), then one should give precedence to the one whose virtue is clearer (i.e. the first row). And if it is between standing on the right of the imam (but far away from him) and standing on the left, but close to him, then the right of the imam should be preferred.

Getting to the front of the row is better than getting to bow in a rak’ah other than the last. As for getting the bowing of the imam of the last rak’ah, it is better than getting the first row, which results in not getting the bowing of the imam of the last rak’ah.

It is makrooh for the congregation to be alone outside a single row, if there is a vacancy in that row, but it is mustahabb to enter that row.

It is makrooh to enter a row where the row in front is not full. It is also makrooh for a lone man to stand to the left or behind the imam, parallel or far back.

All of the aforementioned taboos can take away the virtue of congregation, as the fuqaha’ have explained.

It is Sunnah that the distance between one row and another and between the first row and the imam should not exceed three cubits.

It is Sunnah for the men to line up behind the imam, then behind them are the children, then the women. It is not permissible for the boys to be moved to the back, then the men who have reached puberty, because they are of the same sex.

3. Knowing the movement of the Imam’s prayer, either by looking directly or seeing part of the row, hearing the Imam’s voice or a reliable transmission of the Imam’s voice.

4. The Imam and the congregation gather in one place, as is known in the congregations of the past.

Therefore, if the congregation and the imam are in the mosque, the ruling of igtida’ is valid, even if the distance between them exceeds 300 cubits or each of them is located in another building in the mosque. This includes a wall or a porch, which is a place outside the mosque, but is surrounded by it to extend the mosque. Whether the porch is already known about its status of waqf or not, because it is born, namely “dikilung”. As long as it is not proven that the porch was built after the construction of the mosque or that the porch is not a mosque. Not included in the mosque is the harim of the mosque.

It is a place that is connected to the mosque and provided for the benefit of the mosque, such as a shower and a place to put sandals. Igtida’ is valid even if the distance between the two parties exceeds 300 cubits, or if it is located in a different type of building in the mosque. In the case of someone who is in a mosque whose door does not open into the mosque, such as if it is nailed shut, or if he is in an attic that does not have a staircase, the mukmum in such cases is not valid, because they are not gathered together.

Just as it is not valid for the person behind a window in the wall of the mosque to walk to the place of the imam except by turning around or turning, for example, he must turn away from the qiblah if he wants to enter the place of the imam.

If one of them is inside the mosque, and the other is outside it, then it is required that the distance between the one who is inside the mosque and the one who is outside it, does not exceed 300 cubits by approximate calculation (the distance of 300 cubits is calculated from the end of the mosque to the congregation -pen) and between them there is no obstacle if it is towards the other party or an eye barrier.

Or by having one of the congregation stand in front of the hole in the veil, if they are both in two buildings, such as one in the middle of the house and the other on the terrace.

Or if one is in a building and the other is in a field, then they are subject to the same conditions as those that have been passed (not far away, no obstructions or people standing in the hole/road through -pen).

If there is an obstacle between them that prevents them from passing through, such as a window, or an obstruction to the view of the mara, such as a closed door, even if it is not locked, because it prevents witnessing, and even if it does not prevent the congregation from walking to the imam’s place, such as a veil that is uncovered, or no one standing in the way, then this igtida’ is not valid.

If there is someone standing in front of the opening so that he can see the imam or the people praying together in the imam’s building, then the prayer of the people praying elsewhere is valid by following the person who witnessed it.

The one who is standing is the imam of the people who are in the other place, so they cannot precede him in standing or in takbiratul ihram. But preceding him in the act of prayer is fine.

The invalidity of his prayer does not affect the prayers of those praying, so long as this happened after they had entered ihram, according to some opinions. This is the same as if a door is closed by a wind in the middle of the prayer. This is because: What cannot be forgiven because it has just begun can be forgiven because it has continued.

Branches:

If one of the parties is above and the other is below, it is essential that there is no barrier between them.

It is not stipulated that the sole of the foot that is on top should be above the head of the person below, even if they are outside the mosque, according to the explanation in the book of Ar-Raudhah and the original, and al-Majmu’. A group of al-Mutaakhirin scholars had a different view.

It is makrooh for one of the parties to be on higher ground without a need, even if it is in the mosque,

5. There is a similarity in doing or leaving the Sunnahs that would be very conspicuous if they were disputed.

Therefore, the prayer of the mum is invalidated if there is a disagreement with the imam over whether or not to perform a Sunnah, such as the prostration of Tilawah, which the imam performs, but the mum deliberately leaves it and understands that it is forbidden (or the mum deliberately does it, but the imam does not do it, because in the case of the prostration of Tilawah, the mum must be on the same level as the imam in doing or leaving it -pen), or the initial tashahhud is done by the imam, but he does not do it or vice versa intentionally and with understanding, even if in a short time the mum (who did the initial tashahhud, while the imam left it -pen) can catch up with the imam’s prayer – so long as in this case the imam does not sit in rest.

This is regarded as invalid, because the mum has turned away from following the imam, which is obligatory, to do something that is Sunnah (concerning the initial tashahhud, the mum has the same obligation as the imam to leave it, but is not obliged to do it). So if the imam leaves the initial tashahhud, then it is obligatory for him to leave it, but if he does it, then it is permissible for him to leave it and stand up deliberately. But if he stood up because he forgot, then he must sit following the imam.)

If the disagreement does not cause a major inconsistency, then there is nothing wrong with doing the Sunnah, such as reciting the Ounut (for which the imam did not make the Qunut), in which case the mum may follow the imam in the first prostration. (Regarding the qunut, it is not obligatory for the person to be on the same level as the imam in doing or not doing it. So if the imam makes qunut, it is permissible for him to leave it and stand up deliberately, and if the imam does not make qunut, it is Sunnah for him to make qunut if he is able to catch up with the imam in the first prostration, and it is permissible for him to make qunut if he is able to catch up with him in the sitting between the two prostrations, but if he is able to catch up with him in the second prostration, it is not permissible for him to do so).

The qunut is different from the initial tashahhud, because the initial tashahhud, as in the example above, means that the mum does a sitting that the imam does not do, whereas in the case of the qunut, the mum only prolongs the imam’s tashahhud, so there is no inconsistency. Similarly, it does not matter if the mum performs the initial tashahhud if the imam sits in rest. This is because the problem (invalidating the prayer) is the sitting that the imam does not do.

If the imam does not sit in rest, then it is not permissible for him to do the initial tashahhud, and for him to do it deliberately and knowing the ruling is to invalidate his prayer, if he did not intend to separate himself from the imam.

The mufaraqah that occurs like that is due to an excuse, so it is better to do that.

If the mum has not finished the initial tashahhud, and the imam has finished it first, then it is permissible for him to leave to complete the tashahhud, and it is even recommended if he is certain that he will be able to complete the Fatihah before the imam bowed (if he is not certain of that, then the ruling on completing the tashahhud is that it is permissible, and he is forgiven for missing three pillars with his imam).

It is not Sunnah to leave oneself to complete the recitation of the surah, rather it is makrooh if one cannot catch up with the imam in bowing.

6. One of the conditions of gudwah is that the imam does not miss the two continuous and complete fi’li pillars without an excuse, intentionally, and he understands the haraam ruling, even if the two pillars are not long.

If he misses out on two of these essential parts, then his prayer is invalid, because it is inconsistent. For example: The imam bowed, did ‘iktidal’ and then went down to prostrate – i.e. stood up again – while the congregation was still standing.

The two pillars of fi’li are not included if there are two pillars of gauli or one pillar of gauli and one pillar of fi’li.

7. Not falling behind the imam without an excuse that makes it three or more pillars long. The long pillars of the prayer are the ‘iktidal’ and the sitting between the two prostrations. Examples of falling behind (due to an excuse): The imam recites too fast, while the mum is slow because of a natural incapacity to recite fast – not because of anxiety – or the mum is slow in her movements.

Another example is when the mum waits for the imam to be silent after reciting the Fatihah to give the mum the opportunity to recite the Fatihah, only to find out that the imam immediately bowed after reciting the Fatihah. Another example is that the mum forgets to recite the Fatihah so the imam already bowed.

Or for example, the mum may have doubts about the recitation of the Fatihah before the imam bowed.

With regard to falling behind because of waswasah, just as the mumbler always repeats the phrase without being obliged to do so, this cannot be regarded as an excuse.

Our teacher said: It is better for a person who is afflicted with a severe degree of waswaas, as if it is innate, so that everyone who sees him is always certain that such waswaas cannot be avoided, that he should do as a slow-moving person.

The mum in these examples (other than the one who is slow to move) must complete the Fatihah, as long as he is not late for the three long pillars.

If, for some reason, he is late for three long rak’ahs, for example, he has not finished reciting the Fatihah, but the imam has already stood up from prostration or sat tashahhud, then he must join the imam in the fourth rak’ah, which is standing up or sitting tashahhud, without regard to the order of his own prayer, then after the imam’s greeting, he must add the missing rak’ah.

If he does not conform to what the imam is doing in the fourth pillar, even though he is aware of the obligation to do so, and he does not intend to mufaragah from the imam, then his prayer is invalid, if he understands and does so deliberately.

If the person bowing with the imam is in doubt as to whether he has recited the Fatihah or not, or remembers that he has not recited it, then he should not stand up again, and after the imam has greeted him, he should add a rak’ah: whether he has recited the Fatihah or not, or remembers that he has not recited it, then he should not stand up again, and after the imam says salam, he should add a rak’ah.

If he stood up again knowing and intending it, then his prayer is invalidated. If he did not know or did not intend to, then his prayer is not invalidated.

If he is certain that he has read it, but is unsure of its perfection, then this does not have any effect.

Masbuk is a person who cannot get the imam to stand for enough time to recite the Fatihah in a normal size. Masbuk is the opposite of muwafik.

If the praying person is unsure whether he will have enough time to recite the Fatihah, he should leave the Fatihah, and it counts as missing a rak’ah if he did not bow with the imam. Then he should leave out the Fatihah, and he will be considered to have missed a rak’ah if he did not bow with the imam.

(If a person is caught by doing a Sunnah, such as reciting the Ta’awudz or the Iftitah prayer, or if he is not caught by something, such as remaining silent for a period of time after the Takbīr and before reciting the Fatihah, even though he understands that he is obliged to recite the Fatihah, or he remains silent while listening to the imam’s recitation, then for such a person it is obligatory to recite the Fatihah after the imam has bowed. Whether he is certain that he will catch up with the imam before he rises from prostration or whether he is not certain of that, according to some commentaries on the ruling: he should recite Fatihah according to the number of letters recited in the Sunnah, according to his estimate or according to the length of his silence. This is because he was not careful enough to move from fard to sunnah.

It is an excuse for the person who misses the Fatiha because he recited a portion of the Sunnah, like the ruling on the one who is slow in reciting the Fatiha (i.e., he is excused from reciting the three long pillars), as two of our teachers (Imam An-Nawawi and Ar-Raff’i), as well as Imam Al-Baghawi, have said, on the grounds that it is obligatory to leave. Therefore, he is obliged to leave the rak’ah as long as he does not miss the three pillars of prayer.

On the other hand, the view held by a group of Muhaqqiqun is that the person praying in the case of a masbuk, as mentioned above, does not have an excuse, because he acted recklessly by moving to the Sunnah. This view was confirmed by our teacher (Ibn Hajar) in his Syarah Minhaj and Fataawa. Then he said: As for the one who thinks that it is an excuse, this assumption needs to be interpreted. Based on the view of some of the Muhaggigun, if the person who is praying does not catch up with the imam in bowing, then he does not get the rak’ah.

He should not bow, because what he does does not count, but he should follow the imam down to prostrate (after the imam has greeted him, he should add another rak’ah). If he does not follow the imam, then his prayer will be invalidated, if this was intentional and he understood the ruling.

Then he continued speaking: The correct view is that the one who is masbuk is to refrain from reciting what is obligatory for him until the imam prostrates. Then, if he is able to complete the recitation, he must join the imam in prostration without bowing. If he does not do muwafagah, then his prayer is invalidated if he is intentional and knows the ruling. If he cannot complete the recitation, then he must mufaragah (separate himself) from the imam with the intention.

Our teacher in Syarah. Al-Irshad said: The one that is closer to the text of Imam al-Shaafa’i is the first one (the view followed by Imam Rafi’i and Nawawi), and this is also the view of most of the later scholars.

If such a person bowed before reciting the Fatihah in the amount that the Sunnah had been recited, his prayer would be invalidated. “

In Syarah Minhaj, which is narrated from most of the Ashhabusy Shafi’i, it is permissible for the mum to bow without reciting Fatihah. This is the preferred view.

In fact, a number of the later scholars favored this view, and many of them gave evidence for it, and the words of Imam Rafi’i-Nawawi coincide with this view.

But if the mum of the masbuk does not know that it is his duty to recite Fatihah, then the delay in reciting Fatihah, which is a Sunnah recitation, is considered an excused delay, according to the view of al-Qadhi Husayn.

It does not follow that if the person who is delayed is a muwafic person, then if he is unable to complete Fatihah because he is distracted from reciting a Sunnah recitation, such as the Iftitah prayer, even if he does not expect to catch up with the imam in Fatihah, then such a muwafic person should be treated like the one who is delayed in reciting Fatihah, as mentioned above, without any contradiction.

The mum who precedes his imam intentionally and knowing the ruling, to the extent of two fi’li pillars, even if they are not long, invalidates the prayer, because this is considered to be disagreeing with the imam who is fuhsyah.

The description of the mum preceding the imam in two complete fi’li pillars is as follows: The person bowing, iktidal, then prostrating for example, while the imam is still standing, or like this: The mum bowed before the imam was about to raise his head from bowing, so the mum prostrated. In this way, the praying person does not join the imam in the act of bowing and introspection.

If he omits the two pillars because he forgot or did not understand the ruling, then there is nothing wrong with that, but the two pillars do not count. Therefore, if he did not repeat them with the imam because he forgot or was ignorant, then after the imam has greeted him, he must add rak’ahs. If it was not due to forgetfulness or ignorance (but was intentional or understood the ruling), then he must repeat the prayer, because the prayer that was done is invalid,

If the mum precedes the imam by one complete pillar of the fi’li prayer, intentionally and with knowledge of the ruling, such as when the mum bowed and got up, while the imam was still standing, it is haraam.

But if the mimum lags behind the imam in one of the fi’li pillars, the ruling is only makrooh, as will be explained later.

If a person precedes his imam by one pillar, then it is Sunnah for him to go back to catch up with his imam, but if this is intentional, then he may go back and he may not.

It is makrooh to join the congregation with the imam in performing the pillars of fi’li or gauli other than takbiratul ihram, just as it is makrooh to delay a pillar until the imam has finished it, or to precede the imam by starting a pillar.

These three things, if done intentionally, can eliminate the blessings of the congregational prayer. The congregation is still valid, but the reward of the congregation is not. Hence, the sin of not praying in congregation (according to the view that it is obligatory to pray in congregation) is waived, as is the sin of not praying in congregation (according to the view that it is recommended to pray in congregation).

A group of scholars said: The loss of the virtue of the congregation means that he has gone beyond following the imam, so he is like one who prays alone, and if this happens to the Friday congregation, then his prayer is not valid, because the Friday prayer must be in congregation, this statement is not correct, as explained by Imam Az-Zarkasi and others.

This condition of missing the virtue of congregation applies to any impurity that can occur within the congregation only, and cannot occur outside the congregation.

What is Sunnah for the mum is to start doing it after the imam has started it, and after the imam has finished it, then the mum should finish it.

What is more perfect than this: The beginning of the prayer is after the imam’s movements have stopped, and the prayer partner should not begin to do so until it is obvious that the imam has moved on to the next pillar.

Therefore, there is no need for the mum to bend down to bow or prostrate, so that the imam has placed his forehead on the place of prostration.

If the praying person joins the imam in making takbeeratul ihram, or it becomes clear that the imam made takbeeratul ihram after the praying person, then the praying person’s prayer is invalid.

There is nothing wrong with the imam reciting the takbeer slowly for the second takbeer, if the congregation does not understand that (it does not feel like preceding the imam’s takbeer).

There is nothing wrong with the mum reciting the Fatihah or tashahhud at the same time as the imam, i.e. the mum has finished while the imam has not started. This does not matter.

It is said: It is obligatory for the mum to repeat with the imam or after him, the latter being preferable. Based on this opinion, if he does not repeat it, his prayer is invalidated.

Paying attention to such disputes is Sunnah, just as it is Sunnah to delay the entire recitation of the Fatihah from the imam’s Fat hah, even in the second rak’ah of the Sirriyah prayer, if the mum thinks that the imam is reciting the surah.

If he is certain that the imam has recited only Fatihah, then it is obligatory for him to recite Fatihah with the imam.

8. It is not valid to concelebrate with someone who is certain that his prayer is invalidated, just as the imam does something that invalidates the prayer, according to the intention of the congregation.

If a person of the Shaafa’i school of thought recites to an imam of the Hanafi school of thought who touches his pharynx, and he does not have an ablution, the invalidation is based on the belief of the one who recites, because such an imam is impaired according to the Shaafa’i one because he touches his pharynx, but he is not invalidated because he has an ablution.

So, connecting the prayers of the mum with the imam is considered an excuse, because according to the mum, the imam is not in prayer.

If a follower of the Shafi’i school of thought has doubts about an imam of a different school of thought regarding obligatory actions, it does not affect the validity of the prayer, because of the need to maintain good faith in order to avoid disagreement.

Therefore, there is no problem with being uncertain about the obligation of the action that is in dispute.

Branches:

If the imam stands up again for an additional rak’ah – for example, the fifth rak’ah – even if he forgot, then it is not permissible for the mum to follow him, even if he is a mum of Masbuk, or ja sangsi for his rak’ah. Rather, he should separate himself and say salam or wait for the imam (in tashahhud), according to the most correct view.

9. It is not valid to share in prayer with someone who is in a position to be a member of the congregation, even if it is only doubtful that he is a member of the congregation, even if it is clear that he is the imam.

It is not included in the definition of “the person who is in the status of being a mum” if that person has ceased to be a mum. For example, if a person stands up after the imam has said the salutations, and then another person stands up with him, then this person’s prayer is valid. Or if a group of people stand up and some of them pray for others, this is also valid according to the correct view, but the ruling is makrooh.

10. It is not permissible for the reciter to listen to an umi imam, who spoils the recitation of the Fatihah, whether it is partially, completely or just one letter of it. For example, he cannot recite it in its entirety, or he cannot recite it according to the makhraj or tashdid, even if that is because it is impossible for him to learn, because the imam does not understand his situation.

This is because he will not be able to bear the recitation of the Fatihah of the mum if he meets her while bowing.

It is permissible for a gari’ person to listen to an imam who is presumed (possibly) to be an umi, unless the imam in the jahriyah congregational prayer does not want to read aloud. In that case, he must mufaragah with him. If he continues to listen to the imam, not knowing that he is an umi, until the greeting of peace, then he must repeat the prayer, so long as it is not obvious that the imam is a reciter.

The issue of the impermissibility of reciting the Fatihah to an ummah is if the imam and the person reciting the Fatihah do not share the same ummah. For example, the ummah can read well, or one party can read well the letters that the other party cannot.

An umi is an aratta, which is a person who, because of changing a letter, uses a letter that is not the correct one. Also “Altsagh”, which is someone who replaces a letter with another letter.

If these people have the ability to learn, but they do not want to learn, then their prayer is not valid. If that is not possible, then their prayer is valid, just as it is valid for the imam and the congregation to pray together.

It is makrooh to pray with an imam who repeats the letter ta’ (in the Fatihah) and an imam who repeats the letter fa’ (in the tashahhud), as well as with an imam whose lahn (actions) do not change the meaning, such as reciting the dhammah in the words لِلّهِ or reciting the fathah in the words. نعبد , If the lahn changes the meaning of the Fatihah, such as أَنْعَمْتِ reciting the kasrah or dhammah in the recitation.  أَنْعَمْتَ then the prayer of the one who is able to learn, but does not want to learn is void. This is because what he is reciting is no longer the Qur’an.

Indeed, if the time for prayer has become urgent, then he is still obliged to pray out of respect for the time, and later he is obliged to repeat it, because he made a mistake (by neglecting his studies).

Our teacher said: What is clear is that the person who lahn is not actually reciting the words he intended to recite, because what is recited in another way is no longer Qur’anic. Therefore, the validity of the prayer does not depend on the phrase that was lahn, but on the deliberate lahn, although this kind of incident also invalidates the prayer.

If the lahn is not in the Fatihah, then his prayer is valid, and so is the congregation. Unless he can recite without lahn, knowing the ruling and doing so deliberately, then his prayer is not valid, because he is saying something else.

If the prayer is invalidated because of lahn in something other than this Fatihah, then it is invalid to share in it. However, according to. Imam Al Mawardi, which is void only for those who understand the situation.

Imam As-Subki chose the view that agrees with that of Imam Al-Haramain: It is not permissible for such a person to recite anything other than the Fatihah, because he will utter words that are not Qur’anic, which invalidate the prayer without any necessity, absolutely (whether he is able to say them correctly or not -pen).

If a person thinks that he is entitled to be an imam, but it turns out that he is not, for example, he thinks that he is a gari’, not a mimum, a man or a person of sound mind, but it turns out that he is an umi, a mimum, a woman or a madman, then he must repeat his prayer. This is because of the negligence of not checking beforehand.

It is not obligatory to repeat the prayer for someone who was praying with an imam who was thought to be pure, but turned out to have a hadas – even if it was a major hadas – or a faint impurity, even if it happened during the Friday prayer, if there were more than forty people.

Even if the imam is aware of his own impurity, there is no negligence on the part of the congregation, because there is no sign of impurity or impurity that he can recognize. Based on this, the congregation is still rewarded.

If the supposedly pure imam bears external (visible) impurity, then the person praying must repeat the prayer because of his negligence.

Physical impurity is impurity that is found outside the clothes, even if there is a barrier between the imam and the congregation.

The Aujah view with regard to external impurity is that it is an impurity that, if the person paying attention really looks at it, he will see it. With regard to vague impurity, the opposite is true.

Imam An-Nawawi in his book At-Tahpg confirmed that it is not obligatory to repeat the prayer absolutely (whether the impurity is physical or khafi).

It is valid for a healthy person to pray with an imam who has urine, madhiy or farts.

It is valid for a standing person to share in the prayer of an imam who is sitting, and for a person who performs ablution for an imam who performs tayammum, but the imam does not have to repeat the prayer because of the tayammum.

It is makrooh to listen to an imam who is unfaithful and commits innovation, such as the Rafidis, even if there is no other imam available. This is only if there is no fear of fitnah (temptation) if one does not share with them. Some say: Reconciling with them is not valid.

It is also makrooh to listen to an imam who is anxious and quluf. It is not makrooh to listen to an imam who has committed adultery, but this is contrary to the virtue.

Iman As-Subki .and his followers chose that it is no longer makrooh to mum for these Imams if they are the only ones to be found. In fact, congregation in such circumstances is better than praying alone.

Our teacher strongly believes that it is makrooh in this case, and that it is preferable to pray alone.

Some of Ash-habus Shafi’i said: The Aujah for me is what Imam As-Subki (may Allah be pleased with him) said.

EXCUSES FOR CONGREGATION

Cover:

The age of the congregation, as well as the Friday prayer:

1. Rain that soaks the clothes, based on a sahih hadith, that the Prophet (peace be upon him) ordered to pray in the shelter of Tasing-each when the rain soaks the bottom of the sandals.

It is different if the rain does not wet them. This is the case, but water dripping from the roofs of houses on the side of the road, even if it does not wet them, is regarded as an excuse, because it is likely that the water carries impurities or dirt.

2. The road is muddy, making it difficult to avoid dirt when walking or slipping.

3. Very hot, even if you find shade to walk in.

4. Very cold.

5. It is very dark at night.

6. Being seriously ill, even if it is not permissible to sit during the fard prayer. Not considered an excuse is a slight headache.

7. Holding back an impurity, whether it is urine, faeces or farting. It is makrooh to pray when one is in a state of impurity, even if one fears that he will fall behind the congregation if he cleanses himself of his impurity first, as a group of scholars explained.

It is not permissible to interrupt the prayer while performing a fard prayer.

With regard to this excuse, if the time for prayer is still free, it is likely that if one uses it to rid oneself of the hadas, one will still be able to pray perfectly.

If time is short, then it is haraam to delay the prayer until it is completed, then perform ablution first.

8. Not finding appropriate clothing, even if you do find a covering.

9. Travel companions for the one who is going on a permissible journey, even if it is safe to travel alone. This is because of the loneliness of traveling.

10. Fear of the wrongdoer, for the one who is entitled to protection (ma’shum), whether what is feared is dignity, life or property.

11. For debtors who have not been able to pay, they fear that they will be detained by their creditors.

12. Caring for a sick person, even if it is not one of one’s relatives who has no one to care for them, a relative who is seriously ill: or not seriously ill, but is happy with the care.

13. Very sleepy while waiting for the congregation.

14. Very hungry and thirsty.

15. Blindness, if there is no guide who is willing to be paid at public rates, even if he can walk with a stick.

Warning!

All of the above excuses can remove the impurity of leaving the congregation, if it is mustahabb, and remove the sin, if it is obligatory.

(The one who leaves the congregation because of an excuse is not entitled to the benefit of the congregation, as al-Nawawi said in al-Majmu.

Imam An-Nawawi is of the view, as is the view of a group of Mutakadimin scholars, that the benefit of the congregation is still attained if one intends to do the congregation, even if there is no excuse.

Imam An-Nawawi said in al-Majmu’: It is Sunnah for the one who leaves Friday without an excuse to give a dinar or half a dinar in charity, as stated in the Hadīth of Abu Dawūd and others.

فَصْلٌ فىِ صَلاَةِ الْجُمُعَةِ

Article 8: ABOUT THE FRIDAY SALAT

Performing the Friday prayer is fardu ain, if the conditions are met. The command to do so was given in Mecca. However, it was not held in Mecca itself at that time, because there were not enough Muslims, or because the signal had to be shown, while the Prophet Muhammad (peace be upon him) in Mecca was still secretive.

The first person to organize the Friday prayer in Medina before the Prophet’s migration was As’ad bin Zurarah. It was held in a village close to the city of Medina.

Friday prayer is the most important prayer.

It is called the Friday prayer because many people gather for the Friday prayer, or because the Prophet Adam a.s. gathered with Eve in Muzdalifah on Friday. And because of that, Muzdalifah is called Jam’an.

The Friday prayer is obligatory on every mukalaf (adult, sensible, male, and free), so it is not obligatory on women, khuntsa, and slaves, even mukatab slaves.

Those who reside in the place where the Friday prayer is held, meaning that they do not leave the place in dry or rainy seasons, unless there is some need such as trade or pilgrimage.

They do not have an excuse, such as sickness or other excuses, as is the case with the congregational prayer. Therefore, the Friday prayer is not obligatory for the sick person who cannot be present at the place where the Jumatan is held after the sun has slipped to the west.

The Friday prayer is still valid if it is performed by someone who has an excuse.

The Friday prayer is obligatory for those who live in the area (even if the prayer is established, i.e. people who live in the area but they cannot validate the Friday prayer in that area).

The Friday prayer cannot be performed with slaves or children, but their prayer is valid. However, they (non-mutawathin migrants, mutawathin migrants, slaves and children) must delay their takbeeratul ihram until after the takbeerat of the forty people whose Friday prayer is valid with this fullness, as stipulated by a group of Muhaggigin scholars, although many scholars are opposed to this (the more correct view is that of Ibn Hajar, al-Khatib and ar-Ramli): Their delay in entering ihram is not obligatory).

Valid Friday Conditions

In addition to the other conditions of prayer, the Friday prayer is also required on six counts:

1. It must be performed in congregation, in the first rak’ah, the imam intends to be the imam and the congregation intends to be makmum, along with takbiratul ihram.

Therefore, a Friday prayer that is easy to fulfill the number of Jmaah (40 people), is not valid if performed individually (not in congregation).

The second rak’ah requires congregation. Hence, if the imam is in congregation with forty people in the first Rak’ah, then the imam becomes impaired and they continue praying on their own, or the imam is not impaired, but they separate from the imam in the second Rak’ah and continue on their own, then the Jumu’ah is valid.

Indeed! The 40 people are required to remain until all of them have greeted Salam, so that if one of the 40 becomes impure before Salam, even if the rest of the congregation has greeted Salam, then their Friday Salah is invalidated.

If a person who is masbuk finds the rukuk of the imam in the second rak’ah and follows him until the greeting of peace, then he should add one more rak’ah (voluntary) by reciting aloud, and the Friday prayer will be considered complete, if the imam’s Jumu’ah was valid.

Similarly, the Friday prayer of another masbuk who is praying with the masbuk above and he still has one rak’ah with him is complete, according to the fatwa of our Master.

If a person follows the imam after he has bowed for the second rak’ah, the correct view is that the intention of the Friday prayer is obligatory, even if it is the Zhuhr prayer.

Another view is that he may intend to pray Zhuhr. This is also what Imam Al-Bulgini has ruled and explained at length.

2. The Friday prayer must be performed by forty people including the imam, and these are the people who make the Friday prayer a success, even if they are sick.

If there are forty people praying on Friday and one or more of them is ummi, who is too lazy to learn, then their Friday prayer is not valid, because the ummi’s prayer is invalidated, which means that the number of forty people is reduced.

However, if the ummi is not taghir in forsaking learning (as he cannot find a teacher or is very dull-headed), then their Friday prayer is valid, according to the view held by our master in Sharh al-Ubab and al-Irshad, following the view that was established by his master in Sharhur Raudh.

Then in Sharhul Minhaj, his teacher said:

In this regard, there is no difference between ummi or tagshir, or not in terms of learning. The difference that exists here is not strong – end of story.

If the number is reduced during the prayer (i.e. during the first rak’ah), then the Friday prayer is invalidated; if it is reduced during the sermon, then the pillars of the sermon that were performed when said pillars were reduced are not considered, because they were not heard by them.

If, in the near future, the number is full again, then it is permissible to continue with the pillars of the sermon, starting from the pillar that was done before the shortfall. If it is not imminent, then the sermon must be repeated from the beginning, just as if the number decreases between the sermon and the prayer, due to the loss of continuity between the sermon and the prayer.

Branches:

If a person has two dwellings in two regions, then the one that is considered to be his place is the one where he lives the most, and if they are the same, then the one that is considered to be his place of residence is the one where his family and property live:

If there is a family in one place and property in the other place, then the place of residence is the place where the family lives, and if there is a family and property in each place, then the place of residence is the place where the family lives at the time of the Friday prayer.

The Friday prayer is not valid with less than 40 people performing it.

Imam Abu Hanifah r.a., on the other hand, believes that the Friday prayer is valid with four people (with the imam), even if they are all slaves or travelers.

According to our opinion (Shafiyah), the Friday prayer does not require permission from the ruler (government’/sultan) and the place does not have to be in the mishr (city). This is different from the opinion of Abu Hanifah who requires both of the above.

Imam al-Bulqini was asked about the people of an area that has less than 40 people, are they obliged to offer the Friday prayer or the Zhuhr prayer? He replied: They should offer the Zhuhr prayer, according to the Shafi’i school of thought.

A group of scholars said that it is permissible for those who are less than forty to offer the Friday prayer, and this is the correct view. Therefore, if they all follow the imam who is of this opinion, then it is permissible, and the Friday prayer is valid.

If they want to be careful, they should do the Friday prayer, then do the Zhuhr prayer, which is good.

3. The Friday prayer should be offered in a place that is part of the balad (capital city, district or village), even if it is a field that is part of the balad. Similarly, the Friday prayer should be offered at a distance from which it is not permissible to offer the prayer, even if it is not connected to a building.

This is different from a place that is no longer in the area, which is a distant place where it is permissible to make up the prayer if one goes there.

Branches:

If a village has forty people, then it is obligatory for them to offer the Friday prayer. In fact, according to the most correct view, it is haraam for them to abandon it in that village and go to another place, even if they still hear the call to Friday prayer from that other place.

Imam Ibn Rifah and others said: If they can hear the call for the Friday prayer from Mishr (the city, where there is a shar’i judge, a Shurthi judge/judge who deals with crimes, and there is a market for business -pen), then they can choose between going to balad (a place where there is only some of what is in Mishr -pen) to offer the Friday prayer or holding it in their own village.

If they go to the village (in the case mentioned above), then they cannot complete the number of Friday prayers, because they are travelers.

If there is no group in their own village that supports the validity of the Friday prayer – even taking into account that some of them do not want to go to the Friday prayer – then they are obliged to offer the Friday prayer in a neighboring village, where they can still hear the call to Friday prayer from.

Imam Ibn ‘Ujail said: If there are several places (villages) that are close together, and each has its own name, then it is regarded as a separate place (if it reaches the number of forty people, then it is obligatory to offer the Friday prayer). Our teacher said: This is the case if each of these places is a separate village, according to popular opinion.

Branches:

If the ruler forces the people of a village to move away from their village and build a house in a new area, and they live there, but they intend to return to their original place of residence when Allah, may He be exalted, makes it easy for them, then they do not have to offer the Friday prayer in that place. In fact, it is not sufficient to qualify them for the Friday prayer, because they are not mutawathin (residents of the area).

4. Friday Prayer is held at Zhuhr time.

If there is insufficient time to perform the Friday prayer and its two sermons, or there is any doubt about that, then they should pray Zhuhr.

If they are certain or think that the time for prayer has expired and they are in the middle of praying the Friday prayer – even if it is before the greeting of peace – if that is based on the report of a just person, then they must continue praying the Zhuhr prayer as if it were the Zhuhr prayer, continuing with what has already taken place, and the Friday prayer has been left behind.

It is different if you think that the Zhuhr time has expired (you are still obliged to pray Friday prayer), because basically there is still time (it has not expired).

One of the conditions for the validity of the Friday prayer is that it should not be preceded by another Friday prayer with takbeeratul ihram, or that it should take place in the place where the Friday prayer is being held (so if there is only one Friday prayer in a place where it is validly offered, but it turns out that there are more than that, then the Friday that is considered valid is the one where the takbeatul ihram comes first).

Unless the population of the place is large and it is difficult to gather in one place, even if it is not in a mosque, without something painful happening in that place, such as extreme heat or cold. In this case it is permissible to offer the Friday prayer in several places, depending on the need.

Branches:

If a person is not excused, it is not valid to pray the Zhuhr prayer before the Friday prayer imam has greeted him. If this is done out of ignorance, then the prayer becomes a voluntary prayer.

If all the people of a region pray only the Zhuhr prayer, without the Friday prayer, then their prayer is not valid, while there is still time to do the two sermons and the prayer, even if it is known that they do not normally pray the Friday prayer.

5. The Friday prayer is held after two sermons that are performed after sunset, based on the tradition of Imam Bukhari-Muslim, that the Prophet always prayed Friday after two sermons. This means that the Friday prayer is held after two sermons and its pillars, which will be described below.

The pillars and conditions of the Friday sermon

There are five pillars of the Friday prayer sermon:

1. Praise to Allah swt.

2 – Reciting the salutation to the Prophet (peace and blessings of Allaah be upon him), both of which should be done with a specific pronunciation. It is for praise, such as: الحمدلله or احمدله, so it is not sufficient to say: الشكرلله, الحمد لرحمن, الثناءلله, الحمد لرحيم,

For salawat, for example:  اللهم صلى, صلى الله, أصلى على محمد, احمد, الرسول, النبي Or also with other names of the Prophet.

Therefore, it is not sufficient to recite: اللهم سلّم على محمدوارحمد محمد or صلى الله عليه using only the isim dhamir, even if the place of return of the dhamir was previously revealed, as explained by a group of Muhaqqiqun scholars.

Imam Al-Kamalud Damiri said: Many preachers forget this (i.e. reciting the salawat using only Isim Dhamir) – end quote. Therefore, you should not be deceived by the use of isim dhamir in the recitation of salawat in some of the sermons of AnNabatiyah that you can find written, which is contrary to the opinion of the Muhaggigun scholars of the Mutaakhir group (recitation of salawat like this is not sufficient).

3. Testament of piety towards Allah. The wording and length are not specified, but it is sufficient to say something like: أطيعوالله, which is a sentence that encourages obeying Allah or forbids disobeying Him. This is the purpose of the sermon.

Therefore, it is not enough to frighten from the enticements of the world, warning of death, unpleasantness and pain after death.

Imam Ibn Rifah said: A will is sufficient with a sentence that contains the command to be prepared for death.

These three pillars are required to be recited in each of the two Friday sermons.

It is Sunnah for the preacher to be orderly in performing these three pillars and the pillars that follow them. As 1a first recite Hamdalah, salawat, wasiat, recite Algur-an, then recite the prayer.

4. Reciting the Qur’an, which gives understanding, in one of the two sermons. It is preferable to recite it in the first sermon.

It is Sunnah every Friday to recite Surah Qaaf, or part of it, after the Friday Prayer – as an act of Ittiba’ to the Messenger.

5. Ukhrawi prayer, for all believers.

The prayer is valid even if it does not mention the believing women, unlike the view of Imam AlAdhra’i.

It is also valid, even if it is just saying:  رحمكم الله (May Allah have mercy on all of you), as well as saying: اللهم أجرنامن النار” (O Allah, save us from the heat of hellfire), if by “us” he means the audience. This du’aa’ should be recited in the second sermon, following the scholars of the salaf and khalaf.

Special supplication for the sultan (ruler), scholars agree is not recommended. Unless there is a fear of fitnah, then supplication for the sultan is obligatory. If there is no fear of fitnah, then there is nothing wrong with doing it, so long as one does not exaggerate in mentioning the qualities of the sultan.

It is not permissible to mention the sultan’s undue qualities unless one is forced to do so.

It is Sunnah to supplicate for saints/rulers from among the companions of the Prophet (peace and blessings of Allaah be upon him), as well as for Muslim rulers and their soldiers, asking for their benefit, help, and justice.

Mentioning the virtues of the ruler does not break the continuity of the sermon, so long as the mention of them does not constitute turning away from the sermon.

In the book of At-Tawasuth (i.e. At-Tawasuth bainar Raudhah wasy-Sharh, a commentary on the book of Ar-Raudhah. It was written by Imam al-Auza’i): It is required that the sermon should not be prolonged to the extent that it breaks the connection (the prayer for the rulers of the government should not be prolonged to the extent that it breaks the muwalah, which is a measure of two rak’ahs -pen), as many ignorant khatibs do.

Our teacher said: If after completing the sermon, one doubts that one has left out a pillar, this does not affect the validity of the sermon, just as it does not affect the validity of the prayer or ablution if one doubts that one has left out a pillar.

Conditions of the Two Sermons

It is required in two sermons:

1. Heard by 40 people. This means 39 people other than the preacher, all of whom are supporters of the validity of the Friday prayer. What must be heard are the pillars of the sermon, not the entire content of the sermon.

Our teacher said: It is not obligatory to offer the Friday prayer for forty people, some of whom are blind, and the Friday prayer is not valid if there is a commotion that prevents the sermon from being heard, according to the correct view. Although this opinion is opposed by a group of scholars who only require attending the sermon, as indicated by the words of two of our teachers (Imam Rafi’i and Nawawi) in several places.

(At the time of listening to the sermon, it is not required that the 40 people should be in the place of prayer and should not understand what they are hearing,

2. The sermon must be in Arabic (meaning the pillars of the sermon), following in the footsteps of the salaf and khalaf scholars.

The reason that the sermon should be in Arabic, even if the audience does not know it, is so that they understand that what is being preached is advice, according to al-Qadhi Husen.

If it is not possible to learn to preach in Arabic, and time is of the essence, then one of them must preach in the language of the region concerned.

If it is possible for them to learn Arabic preaching (before the time comes), then it is fard Kifayah for them to learn it.

3. Khatibs who are able to stand should stand.

4. Clean from major and minor impurity, and the clothes, body or place must also be washed from impurity that is not mema’fu.

5. Covering the aurat.

6. Sitting between two sermons: with thuma’ninah. . This Sunnah sitting is done while reciting Sūrat al-Ikhlas, and it is Sunnah to recite it.

If the khatib has an excuse to preach sitting down, he must separate the two sermons with a short silence.

It says in al-Jawahir: If between two sermons the khatib does not sit down, then his two sermons count as one. Therefore, he must sit down again and continue with the third sermon.

7. The connection between the two sermons, between the pillars, and between the two sermons and the prayer: as if they were not separated in length by common standards.

In what follows, it will be explained that the loss of the muwalah between the two rak’ahs that are joined together (in plural takdim) is by doing two rak’ahs, and it may even be the case that two rak’ahs are sufficient for the validity of the prayer (as if one had only done the pillars).

This limitation is not far off to apply to the issue of the muwalah of two sermons here, which is also an explanation of the “measure of amum” (the length in general is the measure of two rak’ahs -pen).

Sunnahs of Friday Prayer

It is mustahabb for a person to attend the Friday prayer, even if he is not obliged to do so:

1. Bathing. This means spreading water all over the body and head. If you cannot do ghusl, then it is Sunnah to do tayammum with the intention of doing ghusl.

(The time for ghusl is after the break of dawn.

The fasting person who fears that his fast will be invalidated if he takes a bath should refrain from taking a Friday bath, and the same applies to voluntary baths.

The ghusl that is done close to going to the Friday prayer is preferable.

If there is a conflict between doing ghusl first (but not being able to go early on Friday morning) and tabkir (going early on Friday morning, but not being able to do ghusl), then it is better to do ghusl first, because it avoids disagreement with the scholars who rule that ghusl is obligatory on Friday. From this point of view, not doing ghusl is makrooh.

Sunnah baths include those for the two Feast Days, eclipses of the Sun or Moon, Istisga’, the Sunnah baths during Hajj, after bathing a dead body, during Iktikaf, on every night of Ramadan, after performing cupping, when the body smells bad and when a disbeliever converts to Islam, because there is an order to do so (from the Prophet, for such people).

It is not obligatory for a new convert to Islam to do ghusl, because there are many disbelievers who convert to Islam, but they were not ordered to do ghusl by the Prophet (peace and blessings of Allaah be upon him).

This is if there is nothing that makes ghusl obligatory at the time of disbelief, such as janabah and so on.

If such a thing happens during the time of disbelief, then ghusl is obligatory for him, even if he did ghusl during the time of disbelief, because his intention was invalidated.

Among these baths, the most strongly recommended is the Friday bath, and then the bath after washing the dead body.

Warning:

Our teacher said: It is Sunnah to make up the Friday bath and other baths.

If a person is encouraged to make it up, because if he understands that leaving is enjoined, then he will continue to do it and avoid neglecting it.

2. Leaving for the Friday prayer early in the morning, apart from the khatib, i.e. after dawn breaks. According to the Hadīth narrated by al-Bukhaari-Muslim, the one who sets out for the Friday prayer after taking a bath is like taking a bath after Janabah, according to the view of the Prophet (may Allah’s peace and blessings be upon him): It is true that one should take a ritual bath after having intercourse, because having intercourse on the night or day of Friday is Sunnah, and if one goes for the Friday prayer at the first time, he will receive a reward equal to the sacrifice of a camel, the second time equal to a cow, the third time equal to a horned gibas goat, the fourth time equal to a rooster, the fifth time equal to an emprit, and the sixth time equal to an egg.

What is meant by these times is that the time between dawn breaking and the khatib leaving the house is divided into six equal parts, whether the day is long or short.

For the imam, the sunnah is to leave late until the time of the sermon, as an act of ittiba’ to the Prophet.

It is Sunnah to go to the place of prayer on foot quietly by a distant route, then return by a closer route. This also applies to other acts of worship.

It is makrooh to run when going for the Friday prayer and other acts of worship, unless time is of the essence, in which case running is obligatory, otherwise one will fall behind.

3. Adorn yourself by wearing the finest clothing. The most important is white clothing. Below it are clothes that are dyed before they are woven. (In this regard) Gury kam said: It is makrooh to wear clothes that are dyed after weaving, even if they are not red.

It is haraam to wear clothing made of silk, even if it is “quz” silk, which is a type of gray silk, and to wear clothing in which the amount of silk is greater than the weight, not the appearance.

It is not haraam if the amount of silk is less or the same amount. If there is any doubt about the amount of silk, then the basic principle is that it is permissible to use it according to some opinions.

Branches:

It is permissible to wear silk in battle, if there is no other garment, or there is no substitute for it as a repellent for the sword (weapon):

Imam Ibnur Rif’ah, in his book Kifayah, confirmed the view of a group of Ulema who said that it is permissible to wear a tunic or other garment of silk suitable for fighting, even if it is not silk, because it is to frighten the disbelievers, just as it is permissible to adorn the sword with silver, or to wear silk because of a need, such as itching, where wearing anything other than silk would be painful, or there is a benefit in silk that cannot be found in anything else, or there are many lice that cannot be eradicated with anything other than silk: And it is permissible for women to use it as a bedding, but it is not permissible for men to use it as a bedding without a separator.

It is permissible for men to use silk for the strings of prayer beads, buttons on their shirts, the pockets of the Mushhaf or dirham (money) holders, the cap of the turban or the flag on the tip of the spear, It is not permissible to put pigtails on the tops of prayer beads.

It is obligatory for men to wear silk to cover the ‘awrah, if there is nothing else, even in a deserted place.

It is permissible to wear dyed clothes of any color, except those dyed with za’faran. It is also permissible to wear unclean clothes outside of prayer, so long as they do not get wet.

It is not permissible to wear the skin of a carcass without an emergency, – just as it is not permissible to wear the skin of a wild animal, such as a lion.

It is permissible to feed a bird, not a disbeliever, with dead food, and it is also permissible to feed livestock with unclean food.

It is permissible, but makrooh, to wear an elephant’s tusk that is not wet on the head and on the beard: lighting a mosque with an impure object that is not najis mughalladhah other than the mosque, even if it is only a little smoke, contrary to the opinion of a group of scholars (they say that lighting a mosque with an impure object is not haram).

Likewise (it is lawful) to muddy the ground with unclean.

It is not permissible to keep dogs other than for the purpose of hunting or security of property.

It is makrooh, even for women, to adorn anything other than the Ka’bah, e.g. the grave of a righteous person, with anything other than silk; if it is silk, it is haraam (if it is for the Ka’bah, it is permissible to adorn it with silk).

4. Wearing: Turban, Based on a hadith which means: “Verily Allah suk, and His madaikat recite salawat to those who wear: turban on Friday.”

Wearing a turban is also Sunnah in all prayers.

In a daif Hadīth, the virtue of raising the turban is mentioned (Imam Ibn Hajar said in al-Tuhfah that this Hadīth is so daif that it cannot be used as evidence for the virtue of raising the turban).

The length of the turban should be determined according to the person wearing it, as is customary in that time and place. If it exceeds this length, the ruling is makrooh.

The dignity (muruah) of a jurist is lost by wearing a market turban that is inappropriate for him: on the contrary, it is increased by wearing the appropriate one.

The traditionists say: Regarding the length and width of the turban of the Holy Prophet (peace and blessings be upon him), there is nothing to indicate how much.

Imam Rafi’i and An-Nawawi said: For the one who wears a turban, he may add a piece of cloth to the top of the turban or not, both of which are not makrooh.

Imam An-Nawawi adds: This is because there is no valid reason for not adding a cloth to the top of the turban. -Exhausted-.

However, there are sahih and hasan traditions about adding cloth to the top of the turban. The jurists have stated that the ruling on wearing an extra piece of cloth on the top of the turban is basically Sunnah.

Our teacher said, Tucking the top of the turban between the two shoulders is preferable to just putting it on the right. As for placing it on the left shoulder only, there is no basis for that.

According to the hadith, the cloth on the top of the turban should be at least four fingers long and at most one cubit long.

Imam Ibn Hajj al-Maliki said: You should not wear a turban while standing, and wear pants while sitting.

Imam An-Nawawi said in al-Majmu’: It is makrooh to walk wearing one sandal, to wear sandals while standing, to wear a loop in the sandal, and for the one who is sitting, it is makrooh to stand up to leave before remembering Allah.

5. (The one who is going to the Friday prayer should wear perfume, apart from the one who is fasting, according to some scholars. This is based on a saheeh Hadīth which states that taking a bath, wearing good clothes, wearing perfume, listening attentively to the sermon, and not stepping on other people’s shoulders, will expiate the sins (minor sins) between the two Fridays.

Using misik, is preferable.

When kissing the misik, it is not recommended to recite salawat to the Prophet, rather it is better to recite Istigfar, as our Master said.

It is Sunnah to adorn oneself by cutting the nails on the hands and feet, if only one of them is cut, which is makrooh, and to cut any hair, such as armpit and genital hair, for anyone other than the one who is going to offer a sacrifice on the tenth of Dhu’l-Hijjah. This is an act of following the Prophet (peace and blessings of Allaah be upon him).

Also shave the moustache until the red color of the lips is visible, and remove foul odors and dirt from the body.

According to the most correct view, the way to cut the nails of the two hands is to start from the right forefinger to the pinky, then the thumb, then cut the left pinky to the thumb in that order, while the way to cut the toenails is to start from the pinky of the left foot in that order.

After cutting the nails, you should wash the cut area.

It is Sunnah to cut the nails, as mentioned above, on Thursday or on the morning of Friday.

Imam al-Muhib Ath-Thabari ruled it makrooh to pluck the nose hairs. He said: Rather, they should be clipped, based on the hadith that explains this.

Imam Ash-Shafi’i said: Whoever’s clothes are clean will have less difficulty, and whoever’s clothes smell good will have more intelligence.

6.Listen carefully to the sermon.

It is Sunnah to do this, even for someone who did not hear the sermon.

Indeed! But what is better for the person who does not hear the sermon, is to be distracted by reciting the Qur’an or dhikr slowly.

It is makrooh to speak while the sermon is being read. This does not amount to haram. This is different from the view of the three Imams (other than Imam Shafri). It is not makrooh to speak before the sermon begins, even if the preacher is seated on the pulpit, after the sermon, between two sermons, when praying for the king, and it is not makrooh to speak for the one who enters the mosque (in the middle of the sermon), unless he asks for a place and sits there.

It is makrooh for the one who enters the mosque (in the middle of the sermon) to offer the greeting of peace, even if he does not take his place, because this will inconvenience the Friday attendees to whom he offers the greeting.

If it turns out that the person is greeting them, then it is obligatory for them to answer.

It is Sunnah to praise the one who sneezes, to answer him, to raise the voice – not too high – in reciting the salawat salam to the Prophet, when the preacher mentions his name or attributes.

Our teacher said: It is not far-fetched to recite Radhiyallah ‘anhu for the companions of the Prophet (peace and blessings of Allah be upon him) without raising the voice, as well as the supplication of the imam (may Allah be pleased with him).

Makruh Tahrim, even for one who is not obliged to perform the Friday prayer, perform a fard prayer, even if it is kadha that he has just remembered, and even if it is immediately obligatory (such as missing a prayer without an excuse) or a voluntary prayer, where the khatib is already seated on the pulpit, even if the sermon is not heard and when the khatib is offering prayers for the sultan.

According to the correct view, praying at these times is invalid, just as praying at times that are disliked is invalid. In this case it is even more invalid.

It is obligatory for the one who is in the middle of his prayer and the khatib is already seated on the pulpit to hasten his prayer, by simply doing the things that validate the prayer (i.e. the pillars).

It is makrooh for the one who enters the mosque to perform the tahiyyat al-mosque prayer if it causes him to miss the takbiratul ihram of the imam of the Friday prayer; if he does not miss it, it is not makrooh, rather it is sunnah. However, it is obligatory to do it as lightly as possible, just as it is sufficient for ja to do only what is obligatory in his prayer, according to what our Master said.

It is makrooh at the time of the sermon to sit sedately with the turban on your knees, because there is a prohibition against this. It is also makrooh to write on paper at the end of Ramadaan, even if the names are Suryani names, the meaning of which is unknown, which is haraam.

Other Sunnahs

Recommended:

1 – Reciting Sūrat al-Kahf on Friday or in the evening, according to some traditions. Reciting it during the day is more permissible, and it is preferable to recite it after Fajr, because it hastens the attainment of good deeds, and it is Sunnah to recite Sūrat al-Kahf and other Sūrahs of the Qur’an more on the night and on Friday.

It is makrooh to recite Sūrat al-Kahf and other Sūrahs aloud if this will disturb those who are praying or sleeping, as explained by Imam An-Nawawi in several of his books.

In Sharhul Ubab, our teacher said: The haraam ruling should be applied to reading aloud in the mosque. Imam An-Nawawi’s statement above is applicable in cases where the disturbance caused is only slight, or the recitation is outside the mosque.

2. To recite the salawat to the Prophet (peace be upon him) either during the day or night on Friday because of the sahih hadith that instructs to do so.

Reciting the salawat is preferable to reciting dhikr or reciting the Qur’an, which is not specifically mentioned in the Prophetic traditions, according to our Master.

3. Reciting more du’aa’ on Friday, hoping that it will coincide with the time of ijabah. The most that can be hoped for is when the khatib sits until the end of the prayer, and this time is very short.

It is valid to say that the time of ijabah is at the end of ‘Asr. It is also Sunnah to make supplications on the night of Friday, because of the tradition that reached Imam Shafi’i that supplications on the night of Friday are answered, and he recommended making supplications on the night of Friday.

It is Sunnah to do more good deeds on the night or day of Friday, such as giving charity and so on, and it is Sunnah to recite Qur’an or dhikr along the way and upon arrival at the place of prayer.

The most important remembrance is to recite the salawat to the Prophet (peace be upon him) before the sermon begins or during the sermon, if one is unable to listen to it, as mentioned above, based on the traditions that recommend it.

It is Sunnah, after the greeting of the Friday prayer, to recite Al-Fatihah, Al-Ikhlash, Al-Falaq and An-Naas seven times each before folding one’s legs – another narration says: before speaking.

Based on a hadith that says that whoever recites it will be forgiven his past and future sins, and will be rewarded as many times as the number of people who believe in Ailah and the Messenger of Allah (peace be upon him).

Important:

It is Sunnah to recite the above surahs, the verse of Kursyi, and the verse of Shahida…. (Aali Imran:18) after each of the five daily prayers, and when going to bed, then the final verses of Sūrat Al-Bagarah and Al-Kafirun.

It is Sunnah to recite the end of surah Al-Hasr.   لوانزلناهذالقران , the beginning of surah Ghafir حم تنزيل الكتاب الخ and افحسبتم أنما خلقناكم عبثا (verses 115-118), recited in the morning and evening, then followed by the dhikr.

It is Sunnah to make a habit of reciting surahs As-Sajdah, Yaa Siin, Ad-Dukhan, Al-Wagi’ah. Tabarak, Az-Zalzalah and AtTakatsur every day.

It is Sunnah to recite surahs Al-Ikhlash and Al-Fajr two hundred times on the 10th of Dhu’l-Hijja.

It is Sunnah to recite surahs Yaa Siin and Ar-Ra’d to someone who is seriously ill.

Ban:

1. It is forbidden to step on the shoulders of others, according to the authentic traditions.

Regarding this haraam ruling, it is what Imam Ash-Svekh Abu Hamid (Imam Al-Ghazali) narrated from the text of Imam Ash-Shafri. This was later chosen by Imam Nawawi in the book of ArRaudhah and was chosen by the majority of scholars.

But the discussion of Imam Rafi’i and An-Nawawi ruled it makrooh, as explained by Imam An-Nawawi in al-Majmu’.

It is not haraam to do so if it is done by someone in front of whom there is some leeway.

Therefore, it is permissible for him to step over one or two rows in front of him without it being makrooh.

Similarly, it is not haraam if it is done by an imam who cannot find a way to the pulpit except by stepping over the shoulders.

Similarly, it is not haraam – if it is done by someone other than the imam, where those being stepped over have given permission, not out of embarrassment, on the basis of several opinions.

It is also not forbidden to step on the shoulders of those who are honored and have become accustomed to a certain place.

It is makrooh to step on the shoulders of a group of people outside of prayer.

It is forbidden to make people stand up without their willingness to take their place.

It is makrooh to give others priority over one’s place, unless by doing so one moves to a place parallel to or closer to the imam. The same applies in other acts of worship.

(The person in front of whom there is an empty row may go forward and step over the shoulder of another person, and he may remove the prayer mat from that place with his foot or otherwise and pray on it, but he may not lift the mat – even with his hand – so that it does not become part of his responsibility.

2. For those who are obliged to pray on Friday, it is haraam to engage in buying and selling and so on – such as carpentry – after the call for the Friday sermon has been announced. If he is forced to do so, then the contract is valid.

Buying and selling, etc., which is done before the Friday adhan, but after the sun has set, is makrooh.

3. It is haraam for a person who is obliged to offer the Friday prayer, even if it does not complete the Friday prayer, to travel in such a way as to cause him to miss the Friday prayer, such as if he thinks that he will not be able to offer the Friday prayer halfway there or at his destination, and even if he is traveling for the purpose of obedience, Sunnah or obligatory.

(The prohibition applies) if it is after dawn on Friday. Unless there is a fear that he will cause harm by not going – such as falling behind his friends – then it is not haraam to go in this case, if he is not going for immoral purposes, even if he goes after the sun has gone west.

It is makrooh to travel on Friday night, based on a hadith narrated by a daif chain of transmission, which means: “Whoever travels on Friday night, two angels will wish him evil”.

With regard to the one who is traveling for immoral purposes, it is not waived for him absolutely.

Our teacher said: The one who is forbidden to travel is not entitled to a concession so long as it is not clear that the Friday prayer has not ended.

QASHAR AND JAMAK PRAYERS

Enhancements:

It is permissible for the one who is traveling a long distance to pray the gashar prayers for the four daily prayers and the kadha prayers that he prays on the way.

Similarly, it is permissible to combine the Zhuhr-Ashar and Maghrib-Isyak prayers: or with jamak takhir.

(Qashar and plural may be done after a person has gone beyond the boundary of his particular village, even if there are barren lands or fields. If the boundary joins two villages, then it is not stipulated that one must pass through it, but each village is to be judged individually.

Or after passing the village boundary monument, even if it is in the middle with the barren (broken) earth, river or square.

It is not stipulated that it must pass through the plantation, even if it goes around or connects with the balad.

Two villages which, according to the common judgment, are still connected are regarded as one village, even if they have different names: If they are separated, even slightly, it is sufficient for the traveler to pass through his own village.

(It is not permissible for a traveler who is on a journey that is less than a day’s journey and a night’s journey, and the traveler is carrying a load, and the rest period is reasonable, such as resting, eating and praying (a journey for which it is permissible to do the Jamak or the Gashar is approximately 80 km). -pen).

Similarly, it is not permissible for a slave who has run away from his duty (Sayid), a traveler who is able to repay his debt, where he leaves without the permission of the creditor: likewise it is not permissible for a traveler who leaves for the sole purpose of seeing the country, according to the opinion of Al-Ashah.

Traveling is deemed to have ended when the traveler returns to his homeland, even if he is just passing through, or reaches another destination and intends to stay there for an indefinite period of time or for four full days, or he knows that in that place his needs can be met within four days.

Therefore, if he still hopes that his goal will succeed at any time, then he may make up 18 days of prayers.

Conditions of Qashar

Required for gashar prayer:

1. Intention of gashar at the time of takbiratul ihram.

2. Not to offer congregation – even if only briefly – to someone who has not prostrated his prayer, even if this imam is also a traveler by status.

3. During the prayer, he avoids the things that invalidate the intention of gashar.

4. During the prayer, one is still traveling (still a traveler).

Conditions of Plural Takdim

Required for plural takdim:

1. Intention to pluralize the first prayer, even if it is in the middle of the prayer (as long as one has not yet finished the first prayer).

2. Performing the prayer in an orderly manner.

3. Muwalah (connecting the first prayer with the second prayer) according to the general opinion. Therefore, it does not matter if the two prayers are briefly separated.

Conditions of Jamak Takhir

Required for plural ta’khir:

1. Intention to pluralize at the time of the first prayer, until there is enough time to perform one rak’ah.

2. Still traveling until the end of the second prayer.

Doing the Prayer for Sickness

Branches:

It is permissible, according to the preferred view, to combine prayers, either takdim or ta’khir, because of sickness.

In doing so, the sick person should choose which one he feels is easier. If his sickness recurs during the second prayer, for example, he should do the jamak takdim with the conditions mentioned above. If it recurs during the first prayer, then he should pray the jamak ta’khir, with the intention of doing the jamak during the first prayer.

A group of Mutaakhirin scholars put a limit on the “meaning of sickness” here: Sickness that makes it impossible to perform each of the obligatory duties at its due time, just as it makes it difficult to walk in the rain, if the rain soaks one’s clothes (sickness is like walking in the rain, in that it is permissible to combine prayers).

Other scholars are of the opinion: Although there must be an additional clear masyagat on top of the masyagat that has already been stated, which is that in such circumstances it is permissible for a person to pray sitting. This is the Aujah view.

Cover:

Our teacher in Syarah Minhaj said: If a person does an act of worship about which there is a dispute among the scholars as to its validity, and he does not follow the scholars who allow it, then he must repeat it. This is because he dared to do that act of worship in a playful manner.

فَصْلٌ فِى الصَّلاَةِ عَلىَ المَيِّتِ

ARTICLE 9: ABOUT THE FUNERAL PRAYER

The prayer over the dead was prescribed in Madinah. Some say that this prayer is a specialty of the Muslims.

Praying for the dead body of a Muslim who is not a martyr is fardu kifayah, according to scholarly consensus and several traditions, as is washing it, even if it is the result of drowning in water, because we are commanded to wash it. Therefore, the command to wash the dead body is not fulfilled until we wash it ourselves, even if we witnessed that an angel washed the dead body.

It is sufficient to fulfill the obligation to have a disbeliever bathe him.

At the very least, bathing the corpse involves pouring water over the body in a way that reaches below the glans penis for those whose penises are still scalped, according to Al-Ashah, whether the corpse is a child or an adult.

Imam al-‘Ubadi and some Hanafis were of the view: Washing the area under the skin of the head of the penis is not obligatory.

Based on the more correct view (wajib), if it is difficult to wash the lower part of the skin of the head of the penis, because the skin cannot be opened except by injuring it, then it is obligatory to wash it. This is the view of our teacher, which was later confirmed by others.

The most perfect is to repeat the water three times.

When bathing a corpse, one should bathe it in a quiet place and in a bracket: on higher ground, with cold water, unless there is a need, such as removing dirt or a cold atmosphere: In this case, hot water is preferable. But using salty water is preferable to fresh water.

(Sunnah) to wash it immediately, if it is certain that it is dead. If there is any doubt about his death, then it is obligatory to delay it until it is certain that he is dead, such as if the smell of the corpse changes or so on.

Therefore, the fukaha mentioned the many signs of a person’s death, which are useful for those whose .death is no longer in doubt.

If, after washing, the corpse emits an unclean substance, its purity is not impaired, but it is only obligatory to remove it, if it emitted before the shroud was put on, and it is not obligatory to remove it, if it emitted after the shroud was put on.

If a corpse cannot be washed because there is no water or something else, such as if it is going to fall over, then it is obligatory to do tayammumi.

Branches:

A man has the right to wash a man’s dead body, and a woman has the right to wash a woman’s dead body.

It is permissible for a man to bathe the corpse of his halil (wife or amat woman): the wife – not the amat – may bathe her husband, even if she is married to “another man” (e.g. the wife gave birth after the husband died, then she remarried before he was bathed), without touching the corpse, but her hands should be wrapped in a gombal (cloth). If this is not the case, then the bath is still valid.

If there is only another man for a female corpse or only another woman for a male corpse, then it is sufficient for the corpse to be shrouded.

Indeed, it is permissible for a man or woman to bathe a dead body that does not cause desire, whether it is a boy or a girl, because it is permissible for them to look at it and touch it.

The man who has the greater right to bathe the dead is the man who has the greater right to offer the prayer, as will be explained later.

The ruling is also fardu kifayah, to wrap the corpse in a shroud that will cover the ‘awrah, with a distinction between the limits of the ‘awrah between men and women, and there is no need to distinguish between the corpse of a slave and a free person.

Therefore, it is obligatory for a female corpse, even if it is a slave, to wear a shroud that covers the entire body except for the face and the hands, and for a male corpse to wear a shroud that covers between the center and the knees.

Simply putting on a shroud that covers the ‘awrah is what Imam An-Nawawi has justified in most of his books, which he quoted from the majority of scholars, because this is the right of Allah, may He be exalted.

Other scholars said: It is obligatory to cover the entire body of the deceased, even if it is a man.

It is permissible for the creditor to prohibit the wearing of a shroud that goes beyond covering the entire body of the deceased – he cannot prohibit covering that goes beyond covering the ‘awrah – because the command to cover goes beyond covering the ‘awrah and because it is the right of the deceased if it is attributed to the creditor.

The most perfect shroud for men is three layers, each of which covers the entire body, and may be supplemented by a bracket and turban; for women it is a kebaya, bracket, head covering and two layers of shroud.

It is permissible for a woman or child to be shrouded in silk or za’faran dyed cloth, but it is makrooh.

The cost of caring for the dead (the cost of bathing, the cost of water, shrouding, the cost of digging the grave and carrying it) is to be taken from the estate of the deceased (if the estate is not connected to a customary right, such as rahn or zakaah: if there is such a connection, then these rights take precedence). Unless the deceased is his wife or servant, then the expenses are borne by the wealthy husband, who is obliged to provide for them.

If the deceased did not leave any assets, then the expenses are borne by the person who is responsible for the maintenance, whether it is a relative or a relative. If the deceased does not have a person who is responsible for the maintenance, then the expenses are borne by the baitulmal, then if the baitulmal does not exist, then the rich people of the Muslim community should bear the expenses.

It is haraam to wrap a corpse in leather if there is anything else, and it is also haraam to use mud or grass.

If there are no clothes, then it is obligatory to wrap up in leather, if there are none, then in grass, if there are none, then in mud, according to the opinion explained by our teacher.

It is haraam to write the words of Algur-an or the Asma of Allah swt. on the shroud of a dead person. If it is written with saliva, then there is no problem, because this will not make an impression.

Imam Ibn Shalah gave the fatwa that covering a dead body with silk, even if it is a woman’s, is haraam, just as it is haraam for a woman to decorate her house with silk.

This opinion was challenged by Imam Al-Jalalul Bulgini, who allowed it for the bodies of women and children. This opinion was later adopted by a group of scholars, who said that the first one (forbidden) should be compared to the issue of decorating the house.

(Fardu kifayah) to bury the dead body in a pit, after filling it with earth, so that the smell of the dead body is not apparent, and it is safe from wild animals that would eat it.

It does not come under the heading of “in a pit” if the corpse is placed on the ground, then a structure is built over it, so that the odor of the corpse is no longer apparent and it is safe from the prying eyes of wild animals, so long as there is no difficulty in digging the pit.

However, if a person dies in a boat and it is difficult to find land, then it is permissible to throw him into the sea and weigh him down so that he will sink. If it is not difficult to find a vehicle, then the corpse should not be thrown into the sea.

This does not include the provision “that removes the odor of the corpse and secures it from wild animals”, if the hole serves only one of these purposes, for example, wild animals in the area are accustomed to uncovering buried corpses.

In such a case, it is obligatory to build a grave, so that wild animals cannot possibly uncover the bodies.

The most perfect grave is the one that is 41/2 hands wide and deep.

It is obligatory to lay the dead body facing the qiblah. It is Sunnah to press the right cheek of the corpse to the ground, after the shroud has been removed, to show how lowly and despised he is, and it is Sunnah to cover his head with some kind of stone.

It is makrooh to put a dead body in a coffin, unless one considers that the soil of the graveyard is prone to landslides, in which case the ruling becomes obligatory.

It is forbidden to plant dead bodies without something to prevent landslides.

It is haraam to put two dead bodies of different sexes in the same grave, if there is no mahram relationship or arranged marriage between them. If there is a mahram relationship or husband and wife, then the ruling is makrooh, just as it is haraam to put two dead bodies of the same sex together, without any necessity.

It is also haraam to plant a corpse in a grave that is already occupied by another corpse, even if it is of the same species, so long as the old corpse has not become extinct. To find out whether it is extinct, it is left to the one who is an expert on the land.

If a piece of bone from the old corpse is found before digging the grave for the new corpse, then it is obligatory to backfill the soil: if it is found after digging has been completed, then it is not obligatory to backfill, and the bone may be buried with the new corpse.

It is not makrooh to plant a dead body at night, unlike the opinion of Imam. Al-Hasan Al-Bashri. As for the daytime, it is preferable to the night.

It is Sunnah to raise the grave heap by about an inch – and making an earthen heap is preferable to building a wall over it.

It is Sunnah for the one who is at the edge of the grave to sprinkle dust three times. For the first one say:   ومنهاخلقناكم the second sprinkling recites:  وفيهانعيدكم and for the third time say:    ومنهانخرجكم تارة اخرى    

Important:

It is Sunnah to place a fresh date palm frond – as an act of ittiba’, because thanks to the palm frond’s blessing, the torment of the one in the grave is alleviated. ,

As for what is customary, which is to sprinkle some fresh flowers, it is analogous to the date palm fronds.

It is haraam to take the fronds of dates or flowers, as mentioned above, before they are dry, because taking the fronds of dates is cutting off the right of the dead person (i.e., alleviating his punishment), as has been reported by the Prophet (peace and blessings of Allaah be upon him): The Prophet (peace and blessings of Allaah be upon him) said that taking a wet flower is cutting off the right of the deceased due to the departure of the angels who came down to smell the flower.

This is what our teacher Ibn Hajar and Ibn Ziyad said.

It is makrooh to build a wall, either for the grave or around it – because there is a sahih hadith that forbids it – without a necessity such as fear of being uncovered, dug up by wild animals or washed away by water.

It is makrooh to build a grave on one’s own property.

If a wall is built over a grave without the need to do so, or if a dome is built over a grave on land belonging to a person who sits in an area reserved for burying the dead, whether the original owner is known or not, or if it is done on a waqf grave, then it is haraam and must be demolished.

This is because such a structure will become permanent after the corpse has decomposed, which will constrict the Muslims without any societal purpose.

Warning: If the building is demolished, then the stones must be returned to the heirs, if they are known, or not returned to them. If the heirs are not known, then the stones are regarded as malun dhai’, and the ruling on that is to be understood, according to the view of some of the Shaafa’i ashhab.

Our teacher Az-Zamzami said: If the corpse (in the above case) has decayed, and the heirs have left the stones, then it is permissible to plant another corpse along with the stones, if it is customary not to care about stones in that way, which is the same as the problem of picking up the remains – the grain that is left in the field.

It is makrooh to step on a Muslim’s grave – even if the dead person was someone who was permissible to kill before the corpse decomposed, unless it is an emergency, such as if one does not step on it, then one cannot bury another dead person: The same applies to pilgrims, even if they are not relatives.

Regarding the corroboration in Sharh Muslim (written by Imam Nawawi), as well as the opinion of other jurists, that sitting on a grave is haraam, on the basis that the Hadīth that explains this is that what is meant by “sitting on it” is sitting to defecate or urinate, as explained in another narration.

A corpse that has been buried in a state of impurity is obligatory: it must be disinterred in order to be washed or soaked. However, if the corpse has a foul odor, then it is haraam to uncover it.

(It is also obligatory to dismantle it) because someone else’s property is involved, such as if a dead body is wrapped in a ghasab garment, or a dead body is planted in a ghasab soil, if both owners demand it, and there is still a garment to wrap it in and a soil to plant it in, otherwise it is not permissible to dismantle it.

Another example: Some valuable treasure falls into the grave, even if the owner does not claim it.

It is not permissible to dismantle it to wrap the corpse, if it was buried before it was wrapped, and it is not permissible to dismantle it to pray over it, after it has been buried in the ground.

The body of a pregnant woman should not be buried until it is clear that the child in her womb has died.

Obligatory surgery -: the womb and the uncovering of the grave, if according to the gynecologist, the baby can be expected to live, because it is already 6 months old.

If there is no hope for life, then the surgery is forbidden. But burial should be delayed until it is clear that the womb has died, as explained above.

The view that something should be put on the stomach of a pregnant woman so that the baby will die is completely wrong.

Babies who die in the womb before their time (kluron: Javanese -pen) are obliged to be wrapped in cloth and planted, as is the case with the children of disbelievers who have said the two Shahada, they are not obliged to be washed, but it is permissible to do so.

It does not count as “siqth” if what comes out is a clot of blood or flesh: in this case it is Sunnah to bury it without wrapping it.

If the baby mentioned above is born after four months of pregnancy, it must be washed, wrapped and buried.

If, after birth, the baby is able to move around or make a sound, then it must be prayed for.

The pillars of the Jenazah prayer There are 7 pillars of the Jenazah prayer:

1. Intention, as in other prayers.

From this it can be seen that everything that is obligatory in the intention of the fard prayers is obligatory here, such as making the intention at the same time as takbeeratul ihram and stating its fardness, even if one does not have to say fard kifayah.

It is not obligatory to specify the corpse to be prayed for and it is not obligatory to know it, rather what is obligatory is the minimum level of distinguishing. Hence it is sufficient if a person says:   اصلى فرض على هذاالمية (I offer the obligatory prayer over this dead person).

A group of scholars are of the view: It is obligatory to identify the unseen corpse, for example by mentioning its name.

2. Standing for those who are able to stand.

If a person is unable to stand, he may pray sitting; if he is unable to sit, he may pray sleeping on his side.

3. The four takbirs are part of takbiratul ihram and are an act of ittiba’, so if the prayer is done with five takbirs, it is still valid.

It is Sunnah to raise the hands to the level of the shoulders when reciting takbir and place them under the chest “between two takbirs”.

4. Reciting surah Al-Fatihah. If you are unable to do so, you may substitute something else; if you are unable to do so, you may remain silent as long as you recite Al-Fatihah.

According to the most correct view: It is permissible to recite al-Fatihah after a takbeer that is not the first takbeer, contrary to what is stated in al-Hawi, as well as al-Muharrar, even though the matter requires that two pillars come together in one takbeer and there is no dhikr after the first takbeer.

It is Sunnah to recite in a low voice, except when making Takbir and Salam, and it is Sunnah to recite Ta’awudz, leaving out the Iftitah prayer and surah, except when praying over a dead body that is unseen or has been buried.

5. Reciting salawat to the Prophet after the second takbir. Therefore, it is not sufficient if it is recited after the lan takbir.

It is Sunnah to collect the salawat to the Prophet (peace be upon him) as well as his salutation, Sunnah to pray for the believers and believers after reciting the salawat and reciting the hamda: lah before it.

6. Praying specifically for the dead, even if the dead person is a child, for example saying: اللهم اغفرله وارحمه

(O Allah, forgive and have mercy on this dead person), which comes after the third takbeer. Certainly, this supplication is insufficient if recited after the other takbirs.

It is Sunnah to make supplications for the dead. The supplication that is narrated from the Prophet is better: The supplication narrated by Imam Muslim is better: Allahummaghfir lahu…. (O Allah, forgive his sins, grant him mercy, prosper him, ennoble his place, widen his entrance, bathe him with water, snow and dew, cleanse his faults, as a white garment is cleansed of dirt: substitute for him a house better than his house, an expert better than his expert, a match better than his match: enter him into Paradise, and save him from the torment of the grave, its trials and from the torment of the fire of hell).

The Sunnah prayer is added: Allahummaghfir…. and so on. (O Allah, forgive the living and the dead among us… and so on).

For the corpses of children, in addition to this supplication, (the Sunnah) is added: Allahummaj’alhu… (O Allah, make this child a provision for his fathers and mothers a deposit, a counsel, a likeness and a helper for his parents: weigh the scales of their deeds, bestow patience in their hearts: do not send trials upon them: and do not hinder their reward).

Our teacher said: The supplication Allahummaj’alhu… and so on, is not sufficient as a special supplication for the dead. This is because the supplication contains a request for something that commonly happens, which is not sufficient as a condition of supplication for the dead in the Jenazah prayer. This is because a supplication that is general and covers every individual is not sufficient as a supplication for a dead person, especially one whose request is common.

For female corpses, the dhamir in the ctoa above is replaced with dhamir Muannats.

However, it can also remain mudzakkar as above, by requiring the dhamir to return to the word Al-Mayyit or Ash-Shahsh,

In the case of the corpse of a child resulting from adultery, the supplication is replaced by the words: اللهم اجعله فرطالا مّه (O Allah, make this child a provision for his mother). What is meant by “replacement of the expert and the match” is a replacement in terms of its characteristics, not its substance, based on the words of Allah which means: “… and you find in them offspring”, and the hadith narrated by Imam al-Thabranj and others: That the women of Paradise who are from the women of this world are better than the angels of Paradise.”-Exhausted.

7. Salam – as is the case with other prayers – after the fourth takbeer. After this takbeer, no remembrance is obligatory other than the Salam.

But (before the greeting) it is Sunnah to say: Allahumma …. and so on. (O Allah, do not deprive us of its reward – meaning the reward of praying for it or the reward of its calamity – and do not send fitnah after it – meaning after committing sins – and forgive us our sins and its sins).

If in this prayer, a person lags behind the imam by one takbeer without any excuse, until the imam starts another takbeer, then the prayer of that person is invalidated.

If the imam has started the next takbeer, and the masbuk has not yet recited the Fatihah, then he must follow the takbeer, and the Fatiha is waived for him. After the imam has said salam, the masbuk must add the takbirs that he has not done and the dhikr.

In the funeral prayer -even if the corpse is a woman- the order of precedence for the imam is as follows: Father or his successor -grandfather from the male line of the deceased’s sons, grandsons from the male line, brothers from the same family, brothers from the same family, nephews from both of them, uncles from the same family, other ashabah heirs, the one who freed the corpse dwazil arham, then the husband.

Conditions of the Jenazah Prayer

It is required for the prayer for the dead person, in addition to the other conditions that are present in other than the Jenazah prayer:

1. The corpse is first purified, either with water or dust (if there is no water).

Therefore, if a person falls into a pit or drowns in a sea that is difficult to retrieve and purify, then according to the Muktamad opinion he does not have to be prayed for.

2. The person performing the funeral prayer should not be in front of the dead body, if the dead body is present, even if it is in the grave. If the corpse is unseen, then it is permissible to stand behind the person who is offering the funeral prayer.

It is Sunnah to make the rows in the funeral prayer three or more rows, based on a sahih hadith, which means: “A dead body that is prayed over by three rows will have its sins forgiven”.

It is not Sunnah to delay the funeral prayer, waiting for a large number of people to offer it, unless one’s guardian is waiting.

Some of the Muhaqqiqin scholars have ruled that if there is no fear of the corpse smelling, then one should wait for one hundred or forty people, based on a Hadīth which states this.

The Hadith of Muslim states: “The dead body of a Muslim who is prayed for by a group of 100 Muslims and they ask for intercession, his intercession will be accepted.

If a dead body has been prayed over and someone comes along who has not prayed, then it is Sunnah for him to do so, and the prayer becomes fard. So he should intend to do the fard as well, and get the reward of the prayer.

What is preferable is to pray after the dead body has been buried, because it follows the Prophet’s action.

It is not Sunnah for the one who has prayed it, even if it is munfarid, to repeat it in congregation. If he is forced to repeat it, then his prayer becomes a voluntary prayer.

(In fact) some scholars commented: Repeating the Jenazah prayer is khilaful aula ruling.

It is valid to offer funeral prayers for a dead person who is absent from the area in question, just as if the dead person were far away from the area of a person, which is not considered to be his area, according to the words of Imam Az-Zarkashi: A place outside the boundaries of a region is like one within it.

It is not valid to offer prayers for a dead person who is not at the place of prayer and is still in the neighborhood of the balad, even if it is large. However, if it is difficult to travel to the place where the dead person is, for example because of detention or sickness, then it is permissible to pray in these circumstances, according to some opinions.

It is valid to pray over a dead person who is present and buried – even if he is extinct (but on condition that he is not in front of the dead body, as explained above) – other than the Prophet. Therefore, it is not valid to pray over the Prophet who is already in his grave, according to a hadith narrated by Imam Bukhari-Muslim.

This is valid if it is done by those who are qualified to do the obligatory duty at the time of the death of the deceased. Hence the prayer is not offered by a disbeliever or a menstruating person at the time of the death of the dead person, as is the case with a child who has reached puberty or a person who has recovered after the death of the dead person, even if he has not been washed. This is what Imam Rafi’i-Nawawi said.

The ruling that it is obligatory to offer the funeral prayer is waived because it has been done by a man or a child who is mumayyiz, even if there is a person who has reached the age of puberty who has not memorized the Fatihah and so on – even if there is a silence equal to the Fatihah and even if there is someone who has memorized it.

The Jenazah prayer is not invalidated because it is done by a woman, even though there are men present.

The ruling is that it is permissible to offer one prayer for many dead bodies, which means that the intention must be to offer prayers for all of them.

It is haraam to delay praying over a dead person until after burial. In fact, such a delay will nullify the obligation to pray over the grave.

It is haraam to pray over the corpse of a disbeliever, because praying for forgiveness for him is haraam.

(Based on) the words of Allah swt. which means: “You shall not give anyone of them any funeral prayer forever.” This includes the young children of the disbelievers, whether they have said the two creeds or not: Hence it is haraam to offer prayers for them, because they will become Muslims when they reach puberty.

It is forbidden to offer funeral prayers for a martyr. The pronunciation شَهِيْدٌ follows the wazan فَعِيْلٌ which means: مَفْعُوْلٌ because he will be witnessed entering Paradise, or follows the wazan: فَاعِلٌ because he witnessed paradise before the lives of others.

The word شهيد can be applied to a person who fights to uphold the religion of Allah: and this person is called a martyr of the world-afterlife, and it can also be applied to a person who fights not to defend the religion of Allah (but for other purposes), and this person is called a martyr of the world.

It can also be applied to people who are killed as a result of an injustice done to them, people who die by drowning, burning and as a result of stomach ailments, such as vomiting or diarrhea, and such people are called “martyrs of the hereafter”. –

Similarly, it is haraam to bathe a martyr, even if he is junub, because the Prophet (peace and blessings of Allaah be upon him) did not bathe those who died in the Battle of Uhud.

It is haraam to wash the blood of a martyr. A martyr is one who dies in battle against the disbelievers, or one who dies before the end of the battle, even if he is killed while retreating from the enemy. For example, he was hit by the weapon of a Muslim friend, killed by a Muslim at the request of the disbelievers, fell into a well during the battle, or the cause of his death is unknown, even if there are no traces of his blood.

According to the correct view: A captive who is killed after the battle is over is not a martyr, because he was not killed as a result of fighting.

Similarly, a person who dies after the end of a war and still experiences life mustagirah (there is still conscious movement with some address), even though it is certain that ja will die after that due to the wounds suffered.

As for the one who, after the war, is still able to move like a slaughtered animal, he is definitely a martyr.

Mustagirah life according to the opinion of Imam An-Nawawi and Al-Umrani, is the state of the person who is still possible to live one or two days.

The one who is captured by the disbelievers, then runs away and is killed is not a martyr. This is because his death was not caused by fighting, according to the fatwa issued by our teacher Ibn Ziyad (may Allah have mercy on him).

So is the person who is killed due to the persuasion of the Harbi infidels who infiltrate our midst.

If he was killed as a result of fighting, then according to the opinion of As-Sayid As-Samhudi quoted from the book of al-Khadim, such a person is a shahid.

It is Sunnah for the martyr to be wrapped in the clothes that he was wearing when he died, and it is preferable for him to be covered in blood, because he is following the Prophet (peace and blessings of Allaah be upon him).

If the garment is not sufficient, for example it does not cover the whole body, then it is obligatory to complete it by adding another one.

It is not permissible to be shrouded in a silk garment that was worn out of necessity during the war, so the silk must be removed.

It is Sunnah to call someone who is seriously ill, even if he is mumayyiz, according to some commentaries, by reciting:  لاإله إلاّالله only. This is based on the hadith narrated by Imam Muslim, which means: “Guide the one who is seriously ill among you, by saying:      

Based on another sahih hadith (narrated by Imam Abu Dawud), which means: “Whoever says لاإله إلاّالله at the end of his speech will be among the lucky ones. If it is not interpreted in this way, then every Muslim will enter Paradise, even if he is wicked, and even if he is tortured for a long time.

Regarding what a group of scholars said: The Talqin of the dead person is to say محمدرسول الله as well, so that he will die in a state of Islam, and he is not considered Muslim until he has said these two words, and this statement of the scholars is rejected, because the person who is being Talqined is already Muslim. In fact, the purpose of the talgin is to end his speech with the phrase:  لاإله إلاّالله in order to be rewarded.

With regard to the discussion of calling the dead using “Ar-Rafiqul A’la” (the highest degree), because it is a sentence spoken by the Prophet (peace be upon him).

This discussion is rejected, because the end of the Prophet’s words is something that is not found in other than him, namely that Allah swt. told the Prophet to choose, then he chose Rafiqul A’la.

As for the disbeliever, he is definitely reconciled to the above two phrases, which are preceded by the words:  أشهد (I bear witness), because this word must be pronounced like the statement to come. This is because a person cannot be said to be a Muslim except with these two words.

It is Sunnah that after the body has been buried, a group of pilgrims stand for a while around the grave to ask for the stability of faith and forgiveness of sins.

After the funeral has been completed, it is Sunnah to bury a dead person who has reached puberty, even if he was martyred, according to the scholarly consensus, which Imam Az-Zarkashi disputes.

(In practice), someone among the pilgrims sits facing the face of the corpse and says: Yes, Abdallah ………….. and so on (O, son of the handmaid! Remember your promise that you brought from the worldly realm, namely the testimony that there is no God but Allah, that there is no partner to Him, that the Prophet Muhammad is His Messenger, that Paradise is true, that Hell is true, that resurrection from the grave is true, that the Day of Judgment will surely arrive of which there is no doubt, and that Allah will resurrect those who are in the grave).

Verily you have accepted Allah swt. as your Lord, Islam as your religion, Prophet Muhammad say. as your Prophet, the Qur’an as your creed, the Ka’bah as your Qiblah, the believers as your brothers, my Lord is Allah swt. There is no God but Allah, to Him I surrender, and He is the Lord of the Great ‘Arsh).

Our teacher said: It is Sunnah to repeat the talgin three times.

It is preferable for the pilgrims to stand, while the pilgrim sits.

Calling the deceased in talgin by the name of his mother – if his mother is known, if not, then by the name of Eve – does not negate calling the people on the Day of Resurrection by the name of his father. This is because they are lessons from sharee’ah that cannot be accessed by reasoning.

In the case of a female corpse, the word العبد is replaced with the word أمه and the dhamirs are replaced with muannats. -Finished-.

It is Sunnah for men to make grave pilgrimage, but for women it is makrooh.

Indeed! It is still recommended for women to make a pilgrimage to the Prophet’s grave, some scholars add: The same applies to visiting the graves of other prophets, scholars and aulia.

It is Sunnah – as explained by Imam Shaff’im – to read a portion of Algur-an that one finds easy over the grave, then face the qiblah and pray for the deceased.

For the pilgrim, it is mustahabb to greet the gravediggers in general, and then for the specific grave. When he enters, he should say: السلام عليكم دارقوم مؤمنين, and when he reaches his father’s grave, for example, he should say: السلام عليك ياوالد If he wants to use one of them, he should say the second one, because it is more specific to his purpose.

This is based on a hadith narrated by Imam Muslim, that the Prophet said: Assalamu’alaikum … and so on. (May salvation be upon you all, O believers. And God willing we will all catch up with you).

Istitsna’ (saying inshallah) here is to seek blessings, or to be buried in that place (inshallah we will follow you by being buried in that place), or to die in a state of Islam.

Benefits:

It is mentioned in the hadith that those who die on Friday are saved from the punishment and temptation of the grave.

It also states: Whoever recites Sūrat Ikhlash (Qulhu.. etc.) 100 times when sickness leads to death, will be saved from the torment of the grave in the grave, and will pass through Shiratal Mustagim in the palms of angels.

It is mentioned in another hadith that whoever recites: “Laa Ilaahailla anta … and so on. (There is no God but You, Glory be to You, we are among the wrongdoers) forty times when he is sick and dies, he will be treated like a martyr. If he recovers, his sins will be forgiven.

May Allah swt. be pleased to forgive our sins, and protect us all from the punishment and temptation of the grave. Amen.

بَابُ الزَّكَاةِ

CHAPTER ZAKAT

The word الزكاة according to the Lughat, means to clean and grow, while according to the term syarak, is the name of something that is removed from the property or body, with the following conditions.

Zakat on Mal is required in the second year of Hijri, after Zakat on Fitrah.

Zakat mal (wealth) must be paid on eight types: gold, silver, livestock, dates and grapes, and given to eight categories.

The one who opposes the obligatory ruling of zakaah is a disbeliever, who refuses to pay it, must be fought and zakaah taken from him by force, even if he does not fight.

Zakat is obligatory for every Muslim, even if he is not a Muslim. It is the duty of his guardian to pay zakaah on the wealth of the non-Muslim.

An exception to the “Muslim” rule is if the owner of the wealth is a genuine disbeliever. Therefore, he is not obliged to pay zakaah, even after becoming Muslim.

What is clear is that he is free: Therefore, zakaah is not obligatory on a slave, because he has no ownership rights. The same applies to the slave Mukatab, because his ownership status is weak, and zakaah is not obligatory on his sayid (master), because he is no longer the owner of the Mukatab’s property.

There is a dispute between the scholars who stipulate that zakaah is due on gold that has been cooked and those who stipulate that zakaah is due on gold that has been cooked.

If it has not reached that amount in one weighing, but it has reached it in another weighing, then zakaah is not obligatory, because there is some doubt.

A mithqal is the weight of 72 medium-sized grains of verse.

Ash-Shaykh Az-Zarkasyi said: The nisab of gold according to Al-Asyrafi’s scales is: 25+2/7+1/9=25 25/63. Then his student, our teacher (Ibn Hajar al-Haitami) commented: What is meant by Al-Asyrafi is the king of Al-Qaitabai.

(And zakaah is due) on silver that has reached 200 dirhams, according to the Meccan scale. That is, the weight of 550 shillings. 10 dirhams are equal to 7 mithqals.

With regard to gold and silver, there is no mercy in not paying zakaah on the surplus. This is the same as for items on which zakaah is due at the rate of one-tenth of a mithqal of gold, 200 dirhams of silver, and so on, even if it is only half a sha’ir seed.

(Gold and silver), zakat is due at the rate of 1/40 – 2.5%.

One metal (gold or silver) cannot be completed with another metal, but it can be completed by adding up all the different types of one metal.

It is permissible to exclude metal that is of good quality and intact from the nisaab of metal that is of poor quality and broken. In fact, this is preferable, but if it is reversed, it is not permissible.

It is exempted from the requirement of “pure” if the metal is mixed with other metals. Therefore, it is not subject to zakaah unless the amount of pure metal has reached the minimum threshold.

Similarly, he is obliged to pay 1/40th of the nisaab of merchandise at the end of the year, even if he owned less than the nisaab at the beginning.

If the profit becomes gold-silver by the end of the year, then it should not be added to the capital, but should be zakaah for each separate year: if the profit completes the year, it should also be zakaah for itself.

Trading wealth becomes savings wealth because of the intention to save, so the Haul is broken by the mere intention to save: But it is not the other way around (stored wealth cannot become trade wealth with the intention of trading -pen).

The one who denies that zakaah on trade wealth is obligatory does not have to be a kaafir, because zakaah on this wealth is disputed (e.g. Imam Abu Haneefah did not say that zakaah is obligatory on trade wealth). The conditions for zakaah on gold and silver not being obligatory on trade assets: The nisaab of gold-silver is complete for one full year. This means that over the course of one year, the amount of gold-silver does not decrease from the amount mentioned above.

With regard to zakaah on merchandise, the completion of the nisaab in one year is not a requirement, but is only required at the end of the year, because this is when it becomes obligatory.

Haul is interrupted when ownership is lost in the middle of the year, whether through exchange (which is not a form of trade) or otherwise.

Yes, but if a person has a nisaab of gold-silver, then after six months he gives it as a loan, then he cannot be ruled to have broken the period: If he is rich or the nisaab comes back to him, then he must pay zakaah at the end of the year, because his property is not totally lost, because there is still a substitute for it in the debt.

It is makrooh to lose ownership of property that is subject to zakaah by selling it or exchanging it for the purpose of Hilah (manipulation). That is, the purpose of removing the ownership is to avoid the obligation of zakaah, because this action means avoiding worship.

(Imam Ibn Hajar) in AlWajiz stated that it is prohibited. Imam al-Ghazali in al-Ihya’ adds: Inwardly, the person’s zakaah obligation has not been discharged, and this is a type of fiqh that does not bring any benefit.

Imam Ibnush Shalah said: The sin lies in the intention, not in the action.

Our teacher said: If the omission of property is not for the purpose of Hilah, but because of necessity, or because of necessity and avoidance, then the ruling is not makrooh.

Warning:

The money changer (Shairafi) who exchanges the money he has in his hand in the middle of the year for other currencies, even if he is trading, whether it is the same type of currency or not, does not have to pay zakaah. Similarly, zakaah is not due on the heir who receives trade property from the deceased, so that the heir himself carries on the trade property with the intention of trading: in this case, the Haul begins again.

Jewelry that is permissible is not subject to zakaah, even if it is owned by a man for the purpose of not wearing it or renting or lending it to a woman.

Except if the jewelry is owned with the intention of keeping it, so that it will be sold again if there is a need for it. There is no difference between women and men in this regard.) Therefore, this kind of jewelry is subject to zakaah.

Branches:

Men may wear silver rings. In fact, it is Sunnah to wear it on the right or left little finger, as an act of obedience to the Prophet. Wearing it on the right is preferable.

Imam Al-Adzra’i confirmed the conclusion of Ibnur Rif’ah’s talk that the silver ring should be less than one mithqal in weight, because it is forbidden to wear more than one mithqal. The chain of transmission of this hadith is hasan, but Imam An-Nawawi says it is daif. So according to the opinion of Al-Aujah: The silver ring is not limited to one mithqal, but it is important that it is not considered excessive by common standards. Our teacher said: Based on this opinion, the measure is the ‘urf among people of the same level as the wearer of the ring.

Wearing more than one ring is not permissible, unlike the opinion of a group of scholars who say it is permissible, as long as it is not excessive.

It is permissible to adorn war equipment with silver, so long as it is not excessive.

For example: swords, spears, shields, scabbards – belts tied around the stomach -, bayonets – not kitchen knives, cutting knives and nail cutting knives -. This is because these things can intimidate the enemy.

(Decorating it with gold is not permissible, because it is excessive and arrogant. The Hadith that permits it is considered by Imam Ibn al-Qaththan to be da’eef, although it is considered hasan by Imam At-Turmudzi.

(It is permissible for men) to decorate the Mushhaf with silver. Rabbi Kuta said: What is meant is something that has the Qur’an written on it, even if it is for tabarruk, such as the cover of the Mushhaf,

Writing the Mushaf with gold is good, even for men. It is not permissible to decorate a book other than the Qur’an, even with silver.

Gilding with a pasu is absolutely haraam (whether it is an instrument of war or not, whether it is a man or a woman, and whether it is gold or silver).

Then, if the gilding is done over a fire and something of value is produced, then it is haraam to leave the item gilded: Otherwise it is not haraam, even if it affects the body. This is something that is disputed by a group of scholars.

It is permissible to use gold-silver for women or children, such as bracelets, bangles, sandals and necklaces. According to the opinion of al-Ashah: It is also permissible to wear it on woven garments.

It is permissible for women to wear crowns, even if they are unusual, and necklaces with dinar drops are certain. The same applies to dinars that are hollowed out.

Zakaah is not due on necklaces and so on.

With regard to excessive use of the above-mentioned items, it is not permissible to use them, for example, gold coins that weigh up to 20 mithqals in total, so zakaah is due on such cases.

It is also obligatory for the person above (Muslim and free):

On the possession of staple foods at the time of ikhtiyar (stability), whether in the form of grains, such as wheat, shiraz (Javanese: centhel), rice, corn, white beans, small corn, beans and dagsah seeds, or in the form of fruits, such as dates and grapes, all of which have reached the amount of 5 wasaq (720 kg), which is measured at 300 saa’: one saa’=4 mud, one mud =1 1/3 liters.

In a state that is free of straw and hulls that are not normally eaten. It should be noted that the stored grain, together with the husk that is not eaten, is subject to zakaah when it reaches the amount of 10 wasaq.

The zakaah to be paid on the above-mentioned goods is 1/10, if the irrigation is free of charge, for example with rainwater.

If the irrigation is done at a cost, such as a water wagon, then half of 1/10 (1/20 or 590) is due as zakaah.

The amount of zakaah to be paid must be differentiated, due to the heavy cost of the former and the light cost of the latter.

This is the case whether it is grown by planting or by chance, as stated in al-Majmu’, which states that this ruling is the consensus of the scholars. Based on the information in al-Majmu’, we can see the weakness of the opinion of Imam Sheikh Zakariyya in At-Tahrir, which follows the original book: It is stipulated that for zakaah on grains/fruits, they must be grown by the owner or his representative, meaning that if they grow on their own, they are not subject to zakaah, or if they are grown by someone else who does not have the permission of the owner.

One genus cannot be collected with another genus, in order to complete the nisaab: this is not the case with different qualities, which must be collected in order to complete the nisaab (e.g. IR.9 rice with IR.20 and so on -pen). The results of two harvests must be pooled in calculating the nisaab, if they occur in one year.

Branches:

The assets of the Baitulmal are not subject to zakaah, nor are the proceeds of waqf property – such as date palms or land that is endowed for the benefit of the public, such as the poor, the jurists and mosques, because the owner is not certain.

Zakaah is due on the proceeds of a waqf if the Mauquf ‘Alaih is a specific person or group, such as Zayd’s children, as stated in al-Majmu’.

Some of the jurists have ruled that waqf items for mosque imams or teachers are subject to zakaah, just as waqf items for specific people are. Our teacher (Ibn Hajar) said: Al-Aujah’s view is the opposite of that, because the purpose of the waqf is “jihah” (common good), not a specific person.

Warning:

In Hashiyah Ar-Raudhah, Imam Al-Jalal Al-Bulqini, who followed Al-Majmu’, said: If the seeds are from the owner or the recipient of the waqf, he must pay zakaah on the produce.

If the seed is from the cultivator, in the case where we have ruled that the mukhabarah contract is permissible, then it is the cultivator who is obliged to pay zakaah, and the owner is not affected, because what he receives is the cost of renting the land.

If the seed is provided by the cultivator of the land (Muzara’ah contract), and he gives part of the produce to the cultivator, then the cultivator does not have to do zakaah, because what he receives is payment for his work. -Exhausted.

It is the cultivator who is obliged to pay zakaah and his wages on the crops that are rented out.

The cost of threshing and pounding is the responsibility of the crop owner (it cannot be taken from his wealth).

It is obligatory on the person (Muslim):

For five camels, zakaah is due on a one-year-old sheep or a two-year-old Javanese goat: it is permissible to zakaah on a male goat even if the camel is female. But if the camel is in good health, he gives zakaah on a sick goat.

This obligation applies until the number of camels is 25, so for 10 camels, the zakaah is 2 goats: 15 camels, 3 sheep: and for 20-25 camels, 4 sheep.

When the number of camels reaches 25, it is obligatory to pay zakaah on a one-year-old female camel (bintu makhadh). This obligation applies until one has 36 camels.

The camel was called .bintu makhadh, because its mother was pregnant at the time.

For camels numbering 36-46, the zakaah is one female camel, bintu labun, two years old. It is so named because the mother has reached the time of her second birth and has milk.

For 46-61 camels, the zakaah is one female camel, hiqqa, three years old. This is so because the camel is fit to be ridden, loaded or married to a male.

For 61 camels, the zakaah is one female Jadz’ah camel, four years old. She is so named because her front teeth have already fallen out.

For the 76 camels, the zakaah is 2 bintu labun.

For 91 camels, the zakaah is 2 hiqqah camels.

For the 121 camels, the zakaah is 3 bintu labun camels.

Then (after the addition of 9 and then 10 camels from the total of 121, the zakaah calculation was changed as follows:) for 40 camels, the zakaah is one bintu labun camel, and for 50 camels, the zakaah is one higgah camel (the number of camels is 130 = 40+40-50, meaning that the zakaah is 2 bintu labun and 1 hiqqah: For 140 camels = 50 + 50 + 40, the zakaah is: 2 hiqqah and 1 bintu labun).

As for 30-40 cows, one year old calf (tabi’) must pay zakaah. This is because it is still following its mother.

For 40-60 heads, the zakaah is on a 2-year-old female cow (musinnah), so named because her teeth have grown fully,

For 60 oxen, the zakaah is 2 tabi’.

For every 30 cattle, zakaah is one tabi’s and for every 40 cattle, zakaah is one musinnah (70 cattle = 30+40, which means zakaah is one tabi’s and one musinnah, 80 cattle = 40+40, which means zakaah is two musinnahs, 90 cattle = 30+30+30, which means zakaah is three tabi’s and so on).

For 40-121 sheep, one sheep is zakaah; for 121-200 sheep, two sheep are zakaah; for 201300 sheep, three sheep are zakaah: For 400 goats, the zakaah is 4 goats.

Then, for every 100 heads, the zakaah is 1 1-year-old goat (sheep) or 2-year-old Javanese goat.

The difference between the two nisabs is called Waqash (mercy).

It is not permissible to give zakaah on a good animal, such as one that is pregnant, fat enough to eat, or has just given birth after half a month, except with the consent of the owner.

Mandatory Zakat Fitrah

It is called zakat al-fitr because it is obligatory upon breaking the fast, and it is prescribed in the same way that the fast of Ramadan is prescribed, which is in the second year of Hijri. Ibn Luban’s statement that zakat al-fitr is not obligatory is a mistake, as stated in al-Raudhah.

Imam Waqi’ said: Zakat al-fitr is to the fast of Ramadan what the Sahwi prostration is to the prayer, meaning that it makes up for the deficiencies in the fast as well as the deficiencies in the prayer: This is corroborated by an authentic Hadīth which states that zakaat al-fitr purifies the fasting person from laxity and abominable speech.

(Zakaat al-fitr is not obligatory on a free person, so it is not obligatory on a slave, but on his master. Likewise (it is not obligatory) on a wife. Even if she is an amat woman, it is her master who is obliged to pay zakaah on her: if she is not an amat wife, then zakaah is obligatory on her (not on her slave husband), as explained below.

Zakat al-fitr is also not obligatory on a Mukatab slave, because his ownership is considered weak. Therefore, he is not obliged to pay zakat al-fitr, nor is he obliged to provide for his relatives. Also, because of his freedom, zakaat al-fitr is not obligatory on his sayid.

The obligation to pay zakat al-fitr begins at sunset at the end of Ramadan, i.e. by getting the end of Ramadan and the beginning of Shawwal.

Hence, the obligation of zakat al-fitr is not imposed on a new person after sunset, whether it is a child, marriage, owning a slave, being rich or being Muslim. It is also not imposed on anything that happens after sunset, whether it is death, freedom of a slave, divorce or something that takes away property rights.

The time of payment is from the time of obligation (sunset) until sunset on Eid al-Fitr. Therefore, for the free person mentioned above, it is obligatory to pay his zakaah before the sunset of Eid al-Fitr.

On behalf of every Muslim who is obliged to spend on her at sunset, because she is a wife, owner or relative, even if she is Raj’i divorced or Ba’in divorced and pregnant, even if she is an Amat wife: Therefore, zakaat al-fitr for both of them (divorced Raj’i and Ba’in while pregnant) is like providing for her.

The husband does not have to pay zakaat al-fitr on a nusyuz wife, because the obligation of maintenance has been waived on the husband. But zakaat al-fitr is obligatory on her, if she is a wealthy wife.

The zakaat al-fitr of a free and wealthy wife who is not unfaithful is not obligatory on a free and wealthy husband. It is not obligatory on him, because he cannot afford it, nor is it a burden on the wife herself, because she has completely surrendered herself to her husband.

The zakaat al-fitr of a rich child does not fall on his father; rather it is to be paid from the child’s wealth. If the father pays zakaat al-fitr on the child from his own wealth, that is permissible, and he may later ask for compensation from the child’s wealth, if he intends to ask for compensation at the time of payment.

The zakaat al-fitr of the child of adultery is the burden of the mother.

The zakat al-fitr of a child who has grown up and is already working is not owed by his father.

Zakat al-fitr is not imposed on disbelieving slaves, and on apostates, unless they have returned to Islam.

The husband is obliged to pay zakaat al-fitr on his wife’s maid, if she is his own maid or one whom he has ordered to serve him. According to the most correct view: The zakaat al-fitr of a paid servant or a woman who accompanies the wife is not due from the husband, even if the woman who accompanies the wife has the husband’s permission.

The zakat al-fitr of a woman married to a poor husband is the burden of her sayid; the zakat al-fitr of a free and wealthy woman married to a slave is her burden, not her husband’s, even if he is wealthy.

Imam Ar-Rauyani said in al-Bahr: If the husband is away, it is permissible for the wife to take out a loan for her maintenance because of an emergency, but it is not permissible for her to take out a loan for zakat al-fitr, because it is the husband who is obliged to pay zakat. Similarly, it is permissible for a parent or child who has been away on maintenance to take out a loan.

Zakaat al-fitr is due on the above-mentioned persons, if the zakaah wealth is the excess of: (1) Basic food for oneself and those on whom one is obliged to spend for a day and a night, (2) Clothing, housing and servants, which are necessary for oneself or those on whom one is obliged to spend: (3) Paying his debts, according to the most correct view, which is disputed in al-Majmu’.

The amount of zakat al-fitr for one person is 1 saa’ (2.4 kg) of staple food that is common in the area where the person is paying zakat. 1 saa’ = 4 mud (1 mud = 6 ounces, meaning 1 saa’ = 6 ounces x 4 = 24 ounces -pen).

According to a group of scholars, the estimate is the full length of two medium-sized hands.

Hence, zakaat al-fitr is not sufficient on anything other than the staple food of the person being zakaat, the person giving it or the country, because the appetite of the recipients of zakaat is for the staple food that is common in their area.

That is why zakaat al-fitr must be given to the poor in the area where the person who is giving it is living: If it is not known where he lives, such as if he has moved away, then there are several opinions concerning this matter: (1) Zakat al-fitr must be given immediately (on the night and day of Eid al-Fitr): (2) It is not obligatory to give zakat al-fitr unless he comes: and (3) It is not obligatory to give it.

Branches:

Zakaat al-fitr is not sufficient if what is given out is the price of a saa’, a defective item, powdered food, or wet food – unless it has dried out and become firm enough to be stored and eaten. But the custom of eating wet food does not count, unless there is only wet food available, in which case it may be used for zakat al-fitr.

It is haraam to delay giving zakaat al-fitr until after Eid, if there is no excuse, such as lack of wealth or the needy. If he delays it without any excuse, then he must make it up immediately, because he is disobedient.

It is permissible to start paying zakat al-fitr from the beginning of Ramadan. It is Sunnah not to delay it until after the Eid prayer, rather it is makrooh. However, if the delay is to wait for the arrival of some relative or neighbor, it is Sunnah, so long as it does not go past sunset (on the day of Eid).

ARTICLE ON PAYMENT OF ZAKAT

Zakaah must be paid immediately, even if there is a debt that needs to be paid in cash that reaches the nisaab, whether it is owed to Allah (e.g. expiation for a vow) or to people. Therefore, the existence of a debt does not prevent zakaah from being due, according to the view of al-Azhhar. Even if the wealth on which zakaah is to be paid is the wealth of a child, because the recipients of zakaah (mustahik -pen) need zakaah immediately. The obligation comes after the ability to pay it.

If a person delays paying zakaah when he is able to, then there is a sin on him, and he has to bear the cost of any damage that may occur after he has had the opportunity to do so. However, if the delay is to wait for a relative, neighbor, someone who is more in need, or someone who is more deserving, then there is no sin, but he still has to bear the cost if there is damage, no different from the one who destroys the zakaah property or neglects to give it, for example he puts it in an inappropriate place, after it has reached the Haul and before the tamakkun.

Being able to pay zakaah comes about when movable wealth comes into existence that was not there before, or when immovable wealth comes into existence in a place that is difficult to reach: If these assets are not present, then it is not obligatory to pay zakaah on the assets that are in another place, even if we think that it is permissible to move the zakaah assets.

If the recipients of zakaah are present, or some of them are present, then a person in this case is considered to be taciturn with regard to that part of the amount, so that if he damages the wealth, then he is obliged to pay for it. The opportunity to pay zakaah comes after one has left the necessities of the Hereafter (e.g. having finished praying) or of this world, such as eating and going to the toilet.

Tamakkun also occurs with the arrival of the payment period for a debt, whether in the form of gold-silver or merchandise (from the debtor).

Where he is able to collect the debt, for example: The debtor is a wealthy person who is willing to pay and is not traveling, the debtor does not claim to be in debt but there is a bayyinah, there is no bayyinahr, but the Qadhi understands that he is in debt: or he is able to settle the case, then in such a case he must pay zakaah immediately, even if he himself has not received the debt, because he is able to receive it.

But if he is unable to collect the debt, because the debtor is poor, stalls for payment, the debtor is unavailable, or the debtor denies the debt, and he does not have the means to do so, then this kind of wealth comes under the same ruling as seized wealth. This means that he does not have to pay zakaah on it unless he receives it.

Property that has been seized or is not in its place is subject to zakaah, but zakaah is to be paid only after one is able to do so, i.e. when the property returns.

If a man gives his wife a mahr of the minimum threshold of gold or silver, even if she is still dependent on him, or the minimum threshold of certain livestock, zakaah must be paid when one year has passed since he gave it, even if she has not accepted it and has not had intercourse with it.

However, if the gold/silver that is the masculinity is in dependence (dzimmah), then it is conditional on the husband being rich and present.

whoever”, then it is permissible for the guardian to give her in marriage to a man who is not kufu (compatible) with her.

The words of the muwakkil to the deputy: “Do with it as you wish”, or “What you do with it is permissible for you”, does not mean that it is permissible to delegate it to someone else.

Branches:

If the muwakkil says: “Sell to a specific person, such as Zayd,” then it is not permissible for the deputy to sell to anyone other than Zayd, even if that person is Zayd’s deputy. If he says: “Sell it for a certain amount of money, such as dinars,” then the deputy may not sell it for dirhams: this is the view of Al-Muktamad. If he says: “Sell in a certain place,” or “sell at a certain time, such as in such and such a month, or on such and such a day,” then the deputy may not sell before or after these times, even if it is a deputyship, and it is not connected to any purpose, because he is carrying out the permission of the muwakkil.

If after one year the husband says to the wife: If you release me from your mahr, then you are divorced, then the wife actually releases him, then the divorce cannot take place, because the husband is not free from the entire mahr, but he is free from something other than the amount of zakaah. The valid way of emancipation here (so that the divorce actually takes place) is for the husband to give her the amount of zakaah, then she emancipates him.

If the owner of zakaah-paid wealth sells or pledges an amount equal to the nisaab or part of it after the year has passed, then the sale or pledge contract is valid, but for the amount of zakaah that must be paid, the contract is not valid (this is based on the view that tafriqush shufgah is permissible), as is the case with partnership assets – this is the view of al-Azhhar.

Yes, but buying and selling at the zakaah rate of a trade asset is valid, but if it is a grant, then it is not valid.

Branches:

Payment of zakaah and the like (which are Allah’s rights, such as Hajj, expiation and vows) is to be done first, rather than taking care of the debts owed to others (Adami rights) that are insufficient, in order to fulfill all obligations, whether they are Adami rights or Allah’s rights, such as expiation, Hajj, vows and zakaah, as is the case when two rights come together in the Mahjur’alaih (i.e. if the deceased had two liabilities and his estate is insufficient to settle both of them, then the right of Allah comes first): If the deceased had two rights and his estate did not have enough money to cover both of them, then Allah’s rights should be dealt with first.) If the deceased’s estate is only subject to the rights of Allaah, then zakaah should be paid first, if it relates to cash wealth, such as if the wealth reaches the minimum threshold (nisab); if it does not relate to cash wealth (dependents), such as if the wealth was destroyed after zakaah and tamakkun became obligatory, then the wealth should be divided to pay zakaah and the other rights of Allaah.

Conditions for Paying Zakat

There are two conditions for paying zakat:

1. Intention in the heart, not with speech. For example: “This is the fard alms”, “This is the fard alms”, or “This is the fard alms for my wealth”.

It is not enough to intend, “This is what I owe,” because what I owe can be an expiation, or it can be a vow.

It is not obligatory to specify the wealth on which zakaah is to be paid; if he specifies it, then the zakaah cannot be given on something else, even if it turns out to be corrupt wealth, because he did not intend it to be on that other wealth.

Based on this, if he intends: “If it turns out that the wealth being zakaahed is damaged, then this is zakaah on my jain wealth,” then it turns out that it is true that the wealth is damaged, then the zakaah can be applied to other wealth. It is different if he intends. “This is the zakaah of my unseen wealth, if it is still available, or this is the charity of my wealth”, because there is no certainty in fulfilling the obligatory duties.

If he says: “This is zakaah on my wealth that is not in place, if it is still there, and if it has deteriorated, then this is sadaqah”, then it turns out that the wealth has deteriorated, so it becomes sadaqah, or it turns out that it is still there, so it becomes zakaah.

If a person has a zakaah liability, but he is in doubt: Have you paid it or not? So he takes out some property and intends: “If I still owe zakaah, then this is zakaah, and if I do not owe zakaah, then this is voluntary charity”, then if it turns out that he still owes zakaah, then the item that he took out is zakaah, and if he does not owe zakaah, then it is voluntary charity, as our teacher has ruled.

Certainly it is not sufficient to give zakaah to the poor without the intention. It is not required that the intention be simultaneous with the giving of the wealth.

In fact, it is sufficient to have the intention before giving it. That is, when separating the zakaah money from the money that is being zakaahed, or intending it when handing over the money to the proxy or imam. What is even better: The deputy and imam should intend to give the zakaah to the rightful recipients when they distribute it.

It is sufficient if the intention is made after separating the hatta from the zakaah or handing it over to the proxy, but it has not yet been distributed, because it is difficult to combine the intention with the handing over of zakaah to a recipient (mustahik).

If a person says to another person: “Give this wealth in charity”, then he intends to do so before the wealth is given in charity by the other person, then the wealth is sufficient for zakaah.

If he says to another person: “Take my receivables that are in the hands of so-and-so and give them to yourself as my zakaah,” that does not count as zakaah until he intends to do so himself, after the receivables are received by the other person, and he gives him permission to take the zakaah.

Some fuqaha said: “The fact that one delegates the payment of zakaah absolutely means that one also delegates the intention.” Our teacher said: This fatwa needs to be examined, rather according to the most correct view, the owner of the zakaah wealth must intend it or give his intention to the proxy.

Imam al-Mutawalli and others said: It is obligatory for the deputy to intend, if the obligatory zakaah for the deputy uses the deputy’s wealth. For example, Muwakkil said to the deputy: “Pay my zakaah from your wealth”. This means that what the deputy does is for the obligations of the Muwakkil. The Muwakkil saying this is giving permission to the deputy to make an intention.

Imam Al-Qaffal said: If a person says to another person: “Owe me the sum of five ($50, umpama pon) and pay it as my gakat”, then the other person does not pay it, his gakat is valid. In this case our Master said: This maanlah is based on the view of Imam al-Qaffal that it is permissible to have both the receiver and the delivery person be one person.

It is permissible for each member of the partnership to pay zakaah on the partnership’s wealth without the other’s permission, as Imam al-Jurjani said and other scholars have agreed. This is permissible because syarak permits it.

According to the view of al-Aujah, it is sufficient that the intention of the person giving the zakaah be the intention of the other person.

It is permissible to appoint a disbeliever or a child to give zakaah to a specified person, i.e. the person to whom zakaah is to be given is specified, not absolute. But it is not permissible to delegate the intention to them, because their intention is not valid.

It is permissible for someone other than them to give zakaah on their behalf with the intention to do so.

It is obligatory for the guardian to intend to give zakaah on the property of a child or a madman. If he spends their zakaah without intending to do so, then he has to pay for it, because he was rash.

If the zakaah-giver gives his zakaah to the imam without intending to do so, and he does not give him permission to do so, then the imam’s intention is not sufficient. However, the imam’s intention is sufficient if the property is taken by force from the person who refuses to pay zakaah, even if the owner of the property does not intend to do so.

It is permissible for the owner of the wealth – not for the guardian – to pay zakaah before the Haul has been completed, but it is not permissible to pay zakaah before the Nisaab has been completed on anything other than merchandise: It is also not permissible to pay zakaah for two years, according to the view of al-Ashah.

It is permissible for a person to give zakat al-fitr from the beginning of Ramadaan. With regard to ta’jil on trade goods, even if the nisaab has not been reached, it is permissible. When ta’il, he should make the intention of ta’jil, for example: “This is my ta’jil of zakaah”.

It is haraam to delay zakaah after the period of haul and tamakkun, and he must pay it if it is damaged after tamakkun, i.e. after the wealth and the mustahik are present, or the wealth is damaged after the period of haul, even if it was before tamakkun, as has already been stated.

2. It is given to those who are entitled to receive it, namely people who belong to 8 groups, as stated in the Qur’anic verse (At-Taubah: 20), which means: “Sadaqah (zakat) is only given to the poor, the poor, amil zakat, mukalaf, slaves, debtors, sabilillah and ibnus sabil ….”

Fakiri is a person who does not have property and work, the proceeds of which can meet his needs and the needs of those who are covered by his living expenses.

The status of a poor person is not hindered by the fact that a person has a house, some clothes that are used even for adornment on certain days, has books that are needed, a slave that is needed to serve him, property that is two Marhalahs away, property in a place where he cannot take it because of an obstacle, a debt that has not yet been paid, or work that is not suitable for him.

Some scholars issued a fatwa: A woman’s wearing jewelry that is appropriate and necessary for ordinary adornment does not prevent her from being poor, and this fatwa is confirmed by our teacher.

A poor person is one who has wealth or work to cover his needs, but does not have enough, for example a person needs 10 but only has 8, and does not have enough, even if ja has more than the nisab, so the imam has the right to take his zakaah and give it to him.

For the poor and needy, if they usually trade, then they are given zakaah on the amount of capital that can usually generate a profit that can meet their needs, if they are usually workers, then they are given the cost of their tools, while for those who cannot work or trade, then they are given zakaah on the amount that meets their reasonable needs throughout their lifespan.

A person who claims to be poor, destitute or incapable, even if his body is strong, is justified without an oath. But a person who claims that his property is damaged without witnesses is not justified.

Amil is like a zakaah collector: a person who is sent by the imam to collect (write, count, distribute, and safeguard zakaah -pen): and like the divider and collector of zakat, not like the qadhi.

Muallaf is a person who enters Islam, while his intention is still weak, or a Muslim who has authority, by being given zakat, will attract other Muslims.

Riqab are slaves of Mukatab” who were promised freedom by a valid Kitabah contract: The Mukatab, or his master with his permission, may give zakaah on the amount of the arrears of the installment of the ransom for his freedom, if he is unable to pay it, even if he is a worker. However, it is not permissible to give zakaah from his master, because he still belongs to his master.

Gharim is someone who owes money for himself, which is not used for immorality.

Hence he is given zakaah if he cannot pay off his debt, even if he is a worker. This is because working does not cover the need to pay off the debt, when the time for payment comes.

Then, if the gharim has nothing, then he is given the amount of his debt. If he has wealth, then if he covers the debt with his wealth, then becomes poor, then he is left with enough wealth for his reasonable needs throughout his lifetime – according to our Master’s explanation – then he is given a share of zakaah for the amount of the shortfall in his debt.

Or Gharim (it can also be) a person who owes a debt for the purpose of reconciling a dispute. So this person is given a share of zakaah for the amount of the debt, even if he is a rich man. But if he is not in debt, but is paying for it out of his own pocket, then he should not be given a share of zakaah.

A person who owes money for public purposes, such as entertaining guests, releasing prisoners, or enlivening/repairing a mosque, may be given a share of zakaah.

Or Gharim (it can also be) a person who is in debt for the purpose of assuming another person’s debt. If the guarantor and the guarantor are both poor, then the guarantor is given a share of zakaah in the amount of his repayment.

Or if the one who is being borne is rich and the one who is being borne is poor, then the one who is being borne should be given a share of zakaah equal to what he owes, if he is being borne without the permission of the one who is being borne: If the covered person is poor and the insurer is poor, then the covered person should be given a share (equivalent to what he owes the insurer), but the insurer should not be given a share of zakaah. If the bearer has paid off his debt from the Gharim’s share, he may not claim it from the bearer, even if he is bearing it with the bearer’s permission. It is not permissible to use zakaah money to cover the dead or to build a mosque.

A person who claims to be a Mukatab or Gharim is justified by the report of a just person, by the confirmation of his sayid, by the confirmation of the creditor or by the fact that it is well known in the community.

Branches:

If a person gives his zakaah to a debtor on the condition that he give it to him in repayment of his debt, this is not permissible, and such repayment is not valid: If both parties intend to do that without any conditions, then it is permissible and valid. Similarly, it is permissible if the debtor promises to repay the debt if he receives zakaah, but this is not a condition, and the debtor is not obliged to keep his promise. (Example: The debtor says to the creditor: Give me some of your zakaah, and then I will pay my debt.)

If the creditor says to the debtor: What you have in your hand, I will give you as zakaah on it, then that is not sufficient, according to al-Aujah. Unless he accepts it and gives it to the debtor.

If a person says: “Measure out this amount of my food that I have for you,” and intends to give zakaah, then he does so: is that sufficient zakaah or not? There are two opinions here: According to the birth of our Master’s talk, it is in favor of the opinion that it is not sufficient.

Sabilillah is: Islamic volunteer fighters, even if they are rich. They are given a share of zakat as maintenance, clothing, and for their families, during departure and return. Likewise, they are also given expenses for war equipment.

Ibnus sabil is: A traveler who passes through the zakaah area or embarks on a journey that is deemed permissible in Islam from the zakaah area, even if it is for sightseeing or work. This does not apply to those who are traveling for the purpose of committing sin unless they repent, or those who are traveling aimlessly, such as travelers.

Ibnus sabil is given a share of zakat that is sufficient for his needs and the needs of those who are his dependents. That is, all their needs during the journey and return, whether it is sustenance or clothing. This is if in the middle of the journey or destination does not have property.

People who claim to be traveling or fighting can be justified without an oath. And what they have received must be withdrawn, if it turns out that they did not go or fight. ‘

A person cannot be given zakaah on behalf of two characteristics (e.g. poor and gharim). However, if a poor person takes zakaah on behalf of a gharim and gives it to his creditor, then he can be given zakaah again as a poor person, because he needs it now.

Warning:

If the owner of the property has distributed zakat himself, then the Amil’s share is no longer available.

If the number of people entitled to zakaah is limited, and there is sufficient zakaah wealth for them, then they should be given equally. If the wealth is not sufficient, then it is not obligatory to distribute it equally, nor is it Sunnah. Rather it is obligatory to give it to three people from each category, even if they are not in the area where zakaah is due. Giving three people who are residents of the area where zakaah is due is preferable.

If the donor gives zakaah money to only two people, and the third person is available, then he must pay the minimum price of his share to the third person from his own wealth, as a debt to the third person. If some of the three people are not available, then his share – given to another person in his group who is in need: If the group member does not need it, then it is given to another group member.

It is obligatory to equalize the shares among the group, even if the needs of some of the group exceed those of others. If equalizing shares among individual groups is not obligatory, it is only Sunnah.

A group of jurists from the Shafi’i school of thought are of the view that it is permissible to give zakat al-fitr to three poor people or other mustahik.

If, when the time comes to give zakaah, all of the eligible groups are limited to three or fewer people each, then they receive the entire zakaah: And if only some of the groups of mustahiks are limited to three or fewer, then they get the share allotted to them. This has been the case since the time of the obligation, so it does not matter whether one of them becomes rich or dies, but the right remains with him.

So the dead person’s share is given to his heirs, even if those heirs are the givers themselves. But a newcomer cannot share in it: The same applies to someone who was not around when the zakaah was due to be distributed.

If there are more than three of them in each group or in some groups, then they cannot take possession of the wealth except by way of distribution (hence, if one of them dies, departs or becomes rich after paying zakaah and before the wealth is distributed, then he does not get anything), and if the traveler comes or the one who was rich at the time of the obligation becomes poor, then they may be given something at the time of distribution. It is not permissible for the owner of the zakaah property to transfer the zakaah from the area of the property, even if it is to a neighboring area, and the zakaah is not sufficient to cover it (invalid).

It is not permissible to give zakaah in the form of the price of the property, except with regard to trade property.

It was narrated from the companions of Ibn ‘Umar, Ibn ‘Abbas and Hudhayfah r.a. that it is permissible to give zakaah to one group. This was also the view of Imam Abu Hanifah. He said: It is permissible to transfer zakaah, but it is makrooh; it is permissible to give zakaah in the form of prices, and it is permissible to give zakaah on merchandise in the form of that property.

If a zakaah giver gives his zakaah – even if it is zakat al-fitr – to a disbeliever or a slave, even if it is a muba’adh who is not Mukatab, Bani Hashim or Bani Muthalib, or a slave who belongs to them, then it is not valid zakaah.

Because the recipient of zakat must be: Muslim, independent, not from Bani Hashim or Muthalib. Even if the Bani Hashim or Muthalib have been cut off from the 1/25th share (in Ghanimah or war booty -pen).

This is based on the hadith: “Verily, these zakaahs are human dung and are not acceptable to Muhammad and his family.” Our teacher said: Anything that is obligatory, such as vows and expiation, is regarded as zakaah. This is not the case with voluntary gifts and gifts.

Or (it is not valid as zakaah) if it is given to a rich person. The rich person is one who has enough money to live on for a reasonable period of time, according to the view of al-Ashah. Some scholars say that a rich person is one who has enough money to live on for a year, or who has a lawful job that is worthy of him. Or (it is not sufficient as zakaah) if it is given to someone who has been provided for as a relative, whether he is a parent, child or husband: This is not the case for someone who is supported voluntarily by someone else.

This does not count as zakaah, and the obligation is not fulfilled, if the giver is the owner himself, even if he thinks that they are entitled to zakaah.

If the one who gives it to them is the imam, because he thinks that they are the ones who are entitled to zakaah, then the owner is free from liability, and the imam is not obliged to pay for it, but he is obliged to withdraw the money and give it to those who are entitled to it.

As for the one who has not received the obligatory maintenance from his husband or relatives, it is permissible for him to receive zakaah from the provider or others, so that it is on behalf of the poor.

If a person has enough to live on, it is permissible for him to receive zakaah on behalf of someone other than the poor or needy, even if he is obliged to receive it from his provider.

It is Sunnah for the wife to give her zakaah to her husband, so that it reaches the poor or needy, even if he gives it to her later. Our teacher said: What is clear: If a rich relative does not provide for his poor relative, and the poor relative is unable to report this to the judge, then the poor relative may be given zakaah, because his poverty is evident.

Benefits:

Imam An-Nawawi issued a fatwa on the adult who fails to pray because he is lazy, saying that it is permissible to give him zakaah, but only his guardian should receive it, just like children and the insane. It is not permissible to give zakaah to him even if his guardian is not present, unlike the scholars who said that it is permissible to give it to him if his guardian is not present.

But if he is new to not praying or spending, and he has not been prevented from spending, then he may receive zakaah on his own.

It is permissible to give zakaah to the wicked, unless it is known that he is using it for sin, in which case it is haraam to give it to him, even if it is valid.

Closing: Distribution of the Ghanimah

Any property that we take from the kafir Harbi by force is called Ghanimah. If what we take is not from the kafir Harbi, or is not taken by force, then it is called Fai’ah property. Ghanimah also includes what we take from enemy territory by snatching or stealing, according to Al-Ashah. Another view is that of Imam Al-Ghazali and Al-Haramain, where they say: The wealth that we took from enemy territory by snatching does not need to be divided by five. Imam Ibnur Rif’ah, on the other hand, asserts that there is consensus on this.

Included in the fai, is tribute, 10% trade tax and the estates of apostates.

In the distribution of gharumah, first the booty of the murdered is given to the Muslim murderer without being divided into five. This includes the clothes, weapons, vehicles, bracelets, belts, rings and necklaces of the slain. Then, priority is also given to the costs incurred, for example the wages of transporting the ghanimah.

After that, the ghanimah is divided into 5 parts, of which 4/5 is given to those who went to the battlefield, even if they did not fight. None of the others have a superior share. This division is done even if the ghanimah is in the form of a yard (immovable property).

It is not given to those who meet them after the end of the war, even before the collection of wealth. It is also not given to the one who dies before the collection of the wealth. This is according to the madhhab.

(In the case of fai money, the distribution is) four-fifths for the soldiers who are prepared to fight.

The 1/5th share of the ghanimah is further divided into five parts: 1/25 for the public good, such as fortifying, building forts or mosques, the salaries of the Qadhi and the salaries of those who spend their time on the knowledge of Shari’ah and its complementary sciences -even if they are just at the beginning of their studies-, memorizers of the Qur’an, mosque imams and muezzins. Even if they are wealthy people, they are still given a share at the discretion of the imam (head of state).

It is obligatory to give precedence to the most important group among them The most important is the first (fortifying the area)

If the imam withholds their rights by giving them from the treasury, and one of them is given from it, then it is permissible to take it, so long as it does not exceed what is sufficient, according to the Muktamad view.

The next 1/25 is given to Banu Hashim and Muthalib, even if they are rich. As for men, their share is twice that of women.

The next 1/25 is given to poor orphans.

The next 1/25 is given to the poor.

The last 1/25 is given to Ibnus sabil (travelers) who are poor.

The final four groups must be given equally, whether they are present or absent at the place of distribution.

Indeed, but it should not be generalized to each individual who is not related, nor should it differentiate between one group and another.

If the amount of money is so small that if it is spread out it will not be sufficient, then the imam must give preference to those who need it more, and he must not spread it out, because of the emergency,

If one of them (4 groups) is missing, then the share is divided equally among the other ok groups (present).

According to the three Imams (other than Imam Shafi’i), it is permissible to spend the entire 1/5th of the fai for the benefit of the Muslims.

It is not valid for the imam to stipulate that whoever takes something from the booty (before it is divided) belongs to him. According to one opinion: The condition stipulated by the imam is valid. This opinion was also held by the three imams. Even Imam Abu Hanifah and Imam Malik were of the opinion: It is permissible for the imam to give more to one group than another.

Branches:

If one of the looters acquires something from the loot before it has been divided according to sharee’ah, it is not permissible for him to dispose of it. This is because it is a joint venture between him and the other Khums-earner, and it is not permissible for a joint venture partner to dispose of joint property without the permission of the other.

Tathawu’ (voluntary) charity It is recommended to give tathawu’ charity. Based on the verses of the Qur’an which mean: “Whoever wants to give a loan to Allah, a good loan…” (QS. 2, Al-Baqarah: 245).

It is also based on the well-known traditions.

Sometimes charity is obligatory, such as when a person comes across someone who is in need, and he has extra money that he can give him.

It is makrooh to give in charity with bad things. Giving in charity with money, used clothes and the like is not considered giving in charity with bad things. In fact, one should not be ashamed of giving a small amount in charity.

Giving in charity with water is preferable, if there is a great need for it; if the need for water is not great, then giving in charity with food is preferable.

If there is a conflict between giving as instant charity and waqf, then if it is a time of bankruptcy and urgent need, charity is better, otherwise it is better to give as a waqf, because the benefit is more, this is the saying of Imam Ibn Abdis Salam, who was followed by Imam Az-Zarkasyi. In this case Imam Ibnur Rif’ah decided on the first interpretation (it is better to give it in charity), because by giving it in cash, it means that he has relinquished his rights from the recipient of the charity.

It is best for people who are fond of doing good deeds, not to be absent every day in charity as much as they can, even if it is a small amount.

Giving charity secretly is preferable to giving it openly. With regard to zakaah, there is consensus that it is better to give it openly.

Giving charity in Ramadan, especially on the last ten days, is preferable. It is also preferable to give charity at noble times, such as the 10th of Dhu’l-Hijja, Eid al-Fitr-Adha, Fridays, and in noble places, such as Mecca and Medina.

Giving charity to relatives who are not dependent on one’s maintenance is to be given to the closest relative. The closest relatives are mahrams, husbands and wives, and non-mahrams. The relatives on the paternal side are the same as those on the maternal side. Following this order, it is preferable to give charity to the mahram of breastfeeding (radha’), then the mahram of Mushaharah.

Giving charity – after one’s relatives – to one’s neighbors is preferable to others. Therefore, it can be seen that giving charity to a relative who is far away from the giver, but still in the same region, is preferable to not giving charity to a relative who is close by.

It is not Sunnah to give in charity things that one needs himself. Rather it is haraam to give in charity that which is needed to provide for one’s own maintenance or the expenses of someone for whom one is obliged to provide for one day or one night, or that which is needed to pay a debt, even if it has not yet been paid and is not demanded: This is so long as there is no strong suspicion that the giver of the charity can obtain such a large amount of money from other means.

Because the obligation (in this case to provide for one’s family) should not be disregarded just because of charity. Charity is haraam if the person to whom it is given is not entitled to receive it: this is the view of our teacher, al-Muhaqqiq Ibn Ziyad (r.a.), but according to the view confirmed by our teacher (Ibn Hajar) in Sharhi Minhaj, the person can still own the item.

Cursing the charity that has been given is haraam and nullifies the reward, just as it hurts the recipient.

Benefits:

Imam An-Nawawi said in al-Majmu’: It is makrooh to accept charity from someone who is between lawful and unlawful, such as a dishonest ruler. The size of the prohibition depends on the size of the haraam item in his wealth. Accepting it is not haraam, so long as it is not believed that the item received is haraam.

Imam Al-Ghazali’s opinion that accepting charity from someone whose wealth is mostly haraam goods is haraam: The same applies to doing business with him, and this opinion is shadz (out of line).

بَابُ الصَّوْمِ

BABY PASSAGE

According to tughat, the word الصوم means “to refrain”. According to scholarly terminology, it means refraining from the things that invalidate the fast, subject to the conditions outlined below.

The commandment to fast was made obligatory in the month of Sha’ban in the second year of Hijri. Fasting itself is a specialty of Muslims, and ma’lum dharuri (Islamic law that is already known by the public and does not accept interpretation anymore, scbab dalilnya is “qadi’yah”. So that people who oppose the obligation of fasting are disbelievers -pen).

According to scholarly consensus, it is obligatory to fast the month of Ramadan, because it has ended – the 30th of Sha’ban or the first of Ramadan is sighted by a just person, after sunset, even if the just person is Mastur (one who has not committed any sin and has not been judged). The sighting of the moon, even if it happened because it was covered by clouds in the sky, is obligatory if he testifies before the Qadhi that he saw it (this last condition relates to the general public, if it is for himself or someone who has confirmed it, then his testimony is not required -pen).

The testimony is: “I testify that I have indeed seen the new moon or I testify that the new moon has indeed been sighted”. It is not enough to say: “I testify that tomorrow will indeed be the month of Ramadan”.

The shahadah (testimony) cannot be accepted unless it is witnessed by two just men.

Once the new moon of Ramadan has been sighted by a just person in front of the Qadhi, as has been stated in the past, and the Qadhi confirms it by saying: “The sighting of the new moon has been confirmed by me (or I have confirmed his testimony)”, then fasting is obligatory for all those whose moon has been sighted.

The legal basis for the Qadhi’s ruling on the testimony before him is the mutawatir report that the new moon was sighted, even if it came from the disbelievers. This is because the mutawatir report can lead to knowledge that is dharuri (certain, not fabricated). The same applies to the ruling on estimating that Ramadan has begun with clear signs, which are usually not mistaken. For example, by looking at the lamps hung on the minarets.

The wicked, slaves and women must fast because they themselves saw the new moon.

Similarly, it is obligatory to fast if a person asserts that the report of a wicked person or a cheapig (a person approaching puberty) is true, that they have seen the new moon with their own eyes, or that the new moon has been sighted in another area, which has the same mathla’ah. That is, the setting of the sun, the stars and their rising in the two regions occur at the same time.)

The obligation that starts with the news of the wicked, and so on, includes both the beginning and the end, according to the view of al-Ashah.

According to the most correct view: One should – in fact, it is obligatory – follow the signs of Shawwaal if he is certain that they are correct, as two of our teachers, Ibn Ziyad and Ibn Hajar (al-Haitami), ruled, as did a number of the Muhaqqeeqeen.

If the people of the area where the beginning of Ramadaan is confirmed fast, even if it is based on the sighting of a just person, then after 30 days they must not fast, even if they do not see the first of Shawwaal, and there is no cloud in the sky, because the month has been completed according to shar’i evidence.

If a person fasts based on the words of a trustworthy person, then after 30 days he does not see the first of Shawwaal, even though the weather is clear, then he should not break the fast.

If the witness of ru’yah withdraws his testimony after the people have fasted, then they should not break their fast.

If the ru’yah has taken place in an area, then the ruling applies to the area adjacent to it, not far away.

The distance is determined by the difference in mathla’ (longitude) according to the view of al-Ashah. What is meant by the difference in mathla’ is that the two areas are far apart, so that it is possible to make the Ka’bah from one area, but it is not possible to make the Ka’bah from the other area: this is what Imam Al-Ardabili said in Al-Anwar.

In this case Imam At-Tajut Tibrizi said, which is recognized by other scholars: There can be no difference in mathia’ within a distance of 24 farsahs.

Imam As-Subki warned, followed by other scholars, that if ru’yah has occurred in the east, it means that ra’yah has also occurred in the west – not the other way around – because night time comes from the east before the west.

The conclusion of the jurists’ discussion was that if the sighting took place in the east, then the whole of the west is subject to the obligation to do the things associated with the sighting (fasting and celebrating the holiday), even if the mathla’ah is different.

Fasting Ramadan is only obligatory on every mukallaf (mature adult who is of sound mind) who is able to do it, in reality and in accordance with Islamic law.

Hence it is not obligatory to fast for young children, the insane and those who are unable to do so because of old age or sickness from which there is no hope of recovery. As for those who are unable to fast, they are liable to pay one mud for each day of fasting: Women who are menstruating or postpartum do not have to offer a mud for each day of fasting, because they are regarded as able to do so according to sharee’ah.

The Fard of fasting is the intention in the heart. Saying the intention is not a requirement, but is only Sunnah.

Eating Suhoor does not count as an intention, even if it is intended to strengthen the fast. The same applies to refraining from things that invalidate the fast, because one fears that dawn may have broken, so long as one has not formed the intention to fast with the qualities that must be expressed in the intention.

The intention must be made every day of fasting. Therefore, if someone intends to fast on the first night of Ramadan for the whole month, it is not sufficient for anything other than the first day.

Our teacher said: But that should be done, so that on the day when one forgets to intend in the evening, the fast will be successful according to Imam Malik (because he said that the intention to fast is not required for every evening). Similarly, it is mustahabb to intend in the morning for someone who forgot to intend in the evening, so that his fast will be successful according to Imam Abu Haneefah.

It is clear that the success of fasting in this case is for the one who is following Imam Malik and Imam Abu Haneefah, otherwise he is mixing an act of worship that is invalid according to his own intentions (which is haraam).

In the case of obligatory fasts – whether vows, expiations or fasts ordered by the imam for the Istisga’ prayer – Tabyit is required, i.e. setting the intention during the night between sunset and dawn, even if the fast is done by a child who is mumayiz.

Our teacher said: If a person doubts whether the intention took place before or after dawn, then his intention is not valid, because the intention does not take place at night. This is because everything that happens is assumed to happen in the immediate future. On the other hand, if he had intended to fast, then he doubted whether dawn had broken or whether he had not intended to fast, because in principle dawn had not yet broken: In the first case, the doubt arose after dawn had actually broken, whereas in the second case, the doubt arose before dawn had actually broken.)

Such things as eating and intercourse, which are done after the intention and before dawn breaks, do not invalidate the intention. However, if the intention has already been broken: before dawn breaks, then it will definitely need to be repaired.

In the case of obligatory fasts, it is necessary to make a specific intention, such as intending to fast Ramadan, a vow or expiation, by intending every night that tomorrow one will fast Ramadan, a vow or expiation, even if one does not state the reason for the expiation. Hence, if a person intends that fasting is obligatory or that time is obligatory, this is not sufficient.

But if a person has two obligations to make up Ramadaan, vows or expiations, both of which are for different reasons, then ta’yin is not required, because these obligations are of a single type (i.e. the obligation of Ramadaan, vows or expiations).

Tabyit is an exception to the requirement of a fard fast, if it is a voluntary fast. Therefore, a voluntary fast, even one that has a fixed time, should have its intention made before sunset, according to a sahih hadith.

Since ta’yin is required for fard fasts, it is not required for voluntary fasts. Hence a voluntary fast, even if it is timed, is valid without ta’yin, according to the guidance of more than one scholar.

This is true, but Imam An-Nawawi in al-Majmu’ discusses the Ta’yin requirements for Rawatib fasts, such as the day of ‘Arafah and its counterparts: So fasting an expiation, vow or expiation cannot succeed with fasting Rawatib, even if it is intended.

In fact, according to kias, as Imam al-Asnawi said, the intention to fast two fasts at the same time, as in the case above, is invalid. This is similar to the case of someone who intends to pray Zhuhr and its voluntary prayer, or pray Zhuhr with the voluntary ‘Asr prayer.

The minimum intention that can suffice in fasting: I intend to fast Ramadaan, even without mentioning “fard”, according to the view of Al-Muktamad, as proven by Imam An-Nawawi in Al-Majmu’, which follows the view of most scholars. This is because fasting Ramadaan, which is done by an adult, is obligatory. Conclusion of discussion: According to Ar-Raudhah and Al-Minhaj, mentioning that it is fard is obligatory. Likewise, the intention is sufficient without mentioning “tomorrow”. Our two teachers (Imam Rafi’i and An-Nawawi) said: The phrase “tomorrow” is well known among the scholars in the interpretation of Ta’yin.

In fact, the mention of “tomorrow” is not within the scope of ta’yin, so it is not obligatory to explain it specifically, but rather its meaning is already included in the intention to fast, where the mention of the month is already present, because ta’yin is already achieved when the month (Ramadan) is mentioned. However, the conclusion of our teacher, like Imam al-Muzjad, is that mentioning “tomorrow” is obligatory.

The most perfect intention is “I intend to fast tomorrow, in fulfillment of this year’s obligatory fast of Ramadan, for the sake of Allah, may He be exalted”. The word رمضان is pronounced jar, because it is used in conjunction with the word that comes after it. There is consensus that this intention is valid. .

Imam al-Adhraa’i said that if a person still has a fast that he intends to make up, such as making up the previous Ramadaan, then it is obligatory to explain which year he is referring to.

Things that Break the Fast

It invalidates the fast of the one who does it intentionally:

1. Some kind of intercourse or eating, not one who has forgotten that he is fasting, even if the intercourse, eating and so on that he has done are many. The person knows that this invalidates the fast, otherwise he does not know that what he is doing invalidates it, because he is new to Islam or lives in a wilderness far from anyone who knows about it. The person is free and not under compulsion, and what he does is not the intention of his heart or mind, and he does not feel good about what he does. The fast is invalidated by having intercourse.

2. Masturbation, even if it is with one’s own hand or that of one’s spouse, or if it is uncovered contact that invalidates the fast. The fast is not invalidated by kissing or hitting a woman with a veil, even if it is repeatedly, with desire, and the veil is thin.

Based on that, if a man embraces or kisses a woman without touching her, because there is a veil between them, and she ejaculates, then her fast is not broken, just as it is broken by dreaming during sleep, or by ejaculating because of looking or daydreaming.

If a man touches a mahram woman or a woman’s hair and ejaculates, then his fast is not invalidated, because wudoo’ is not broken because of that. The emission of madhiy does not invalidate the fast, contrary to the view of the Maalikis.

3. Intentionally vomiting, even if none of the vomit enters the stomach, e.g. if he intentionally vomits on his back. If anything enters the stomach intentionally, then his fast is invalidated, because the intentional vomiting itself invalidates it.

But if the vomiting is irresistible, and nothing enters the stomach, or the saliva is not impure because it is mixed with vomit, and it returns after it has passed the outer border (no vomit returns to the stomach at all, or some of it returns, but not before it has passed the outer border), or some of it enters, but without trying, then the fast in this case is not invalidated. This is based on a sahih hadith.

The fast is not invalidated by deliberately expelling stomach phlegm or brain phlegm into the external parts, if he expels it because the situation requires him to do so. But if the mucus, having reached the external area, is swallowed again, even though he is able to expel it, then the fast is definitely invalidated. The border of the external area is the makhraj of the letter kha’.

If a fly enters the stomach of a fasting person, whether or not it will cause harm by remaining in the stomach – and removing it will invalidate his fast – it is permissible for him to remove the fly if it will cause harm by remaining in the stomach, and he must make up his fast. This is the fatwa of our Master.

4. The ingress of a visible object (not air), even if it is only a small amount, into what is called the jauf (inner cavity) of the person mentioned above (intentionally, knowing the ruling and not being forced). For example, into the stomach, nose, urinary tract or milk ducts, even without passing through the testicles or milk ducts.

A woman’s finger reaching past the part of the vagina that is visible when she is squatting breaks the fast: The same applies if some of the fingertips reach the circumference of the muscle. This is the view of al-Qadhi Husen.

Imam As-Subki (may Allah have mercy on him) stated that jauf invalidates the fast if a part of the tip of the finger reaches the hollow muscle (masrabah). If it reaches the front part of the masrabah, which closes, then it cannot be called jauf: He equated the ruling on the front of the masrabah with the front of a man’s urinary tract when it is moved, and the urinary tract is even less likely to break the fast.

Imam As-Subki’s son said: Imam al-Qadhi’s statement “to be more careful, one should defecate at night” means that doing so at night is preferable to doing so during the day, so that nothing enters his body: this does not mean that he is commanded to leave defecation until night, because one would not be commanded to do something that would harm his body.

If the circular muscle of the person with bawasir comes out, then his fast is not invalidated because the muscle comes back in: The same applies if he inserts it with his fingers, because it is out of compulsion. On the basis of that compulsion – as our Master said – if he is forced to insert his fingers and the circular muscle into the inner cavity, then his fast is not invalidated: If it is not by force, then the fast is invalidated, because the finger reached the inner cavity.

It does not include “visible things”, which are traces, such as the taste of food reaching the throat of the person who tastes it.

This does not include the deliberate person who knows the ruling and is not forced to do so, i.e. the person who forgets when he is fasting and is excused for not knowing that anything that enters the interior invalidates the fast, and the person who is forced to do so: his fast is not invalidated by the fact that something enters the interior, even if it is a large amount of food.

If he thinks that eating out of necessity invalidates the fast, then if he eats again out of ignorance of the obligation to continue his fast, then his fast is invalidated.

If he deliberately opens his mouth in water and water enters his mouth, or puts water in his mouth and it enters his mouth, then his fast is invalidated: Or he deliberately puts something in his mouth and swallows it because he forgot, then his fast is not invalidated.

The fast is not broken because something reaches the bridge of the nose, unless it has passed the bridge of the nose (janur irung -jawa).

The fast is not broken by swallowing saliva that is still pure, which is swallowed from its source – namely the entire mouth area – even after it has been collected in the mouth – according to the view of Al-Ashah – and even if the collection is done after being stimulated by chewing some kind of incense mustaka.

If one swallows one’s own saliva, then it definitely does not break the fast.

With the exception of “the pure”, if the saliva is impure with some kind of gum blood, then if it is swallowed, the fast is invalidated, even if the saliva is clear, and there is generally no trace of this mixture. This is because the prohibition on swallowing it means that it is like a tainted substance that comes from something other than itself.

Our teacher said: It is clear that it is permissible for the one who has bleeding in his gums to separate the saliva from the blood: Some scholars said: If the affected person swallows it, knowing that it will happen, but he cannot avoid it, then his fast is valid.

This does not include “mummified saliva”, which is saliva that has been mixed with other liquid matter: The fast is broken if one swallows saliva that has changed its nature because it has been mixed with betel leaves,

even if it’s hard to get rid of it, or it’s mixed in with the naphthal thread that she spun with her mouth.

Not included in “from the source” is saliva that has come out of the mouth – not on the tongue – even if it only comes out on the outer lips, then is licked back and swallowed.

Or if he wets the thread or tooth-stick with saliva or water, then puts it back into his mouth, and some wetness comes off it, and he swallows it, then his fast is invalidated. But if no wetness comes off it, then swallowing it does not invalidate the fast, because there is too little wetness on the thread or the thread and tooth-stick have been wrung out or dried. This is the same with the water used to rinse the mouth, even if it is possible to spit it out, because keeping the water used to rinse the mouth is difficult, so one should not be burdened with wiping the mouth with the water used to rinse the mouth.

If there are bits of food between the fasting person’s teeth that he swallows with his saliva, as is his habit, and he does not swallow them deliberately, then his fast is not invalidated if he is unable to separate them and spit them out. This is even if he did not pick it out at night and knew that it would be swallowed with saliva during the day.

This is because it is obligatory to cut the slit and remove it when fasting, if one is able to do so. However, it is mustahabb to cut it out after sahoor.

But if he is able to spit it out, or if he swallows it deliberately, then his fast is definitely invalidated.

The saying of some scholars: “It is obligatory to wash the mouth of whatever is eaten at night”, is rejected by our Master.

The fast is not invalidated by the ingress of water into the jauf of one who performs a kind of ghusl for janabah, such as menstruation and postpartum bleeding, if the ghusl is done without diving into water.

Based on that, if he washes two ears when doing ghusl for janaabah, and water enters the jauf of one of them, his fast is not invalidated, even if he can avoid that by tilting his head or doing ghusl before dawn breaks. This is like the case of water entering the cavity of a person who warms up the washing of his unclean mouth, because the warming up (mubalaghah) of the washing of the mouth here is obligatory.

But if he dives into the water and water enters his ears or nose, even if he is taking an obligatory bath, then his fast is invalidated, because diving is makrooh: The same applies if the water from the mouth rinses into the jauf because of mubalaghah, and the person remembers that he is fasting and knows that this is not prescribed in sharee’ah, then his fast is invalidated, but if it does not enter the jauf because of mubalaghah when rinsing the mouth.

This does not include “ghusl like janabah”, which is a Sunnah ghusl and a bath to refresh the body, so going under the water here invalidates the fast, even if it is not done because of diving.

Some Branches:

It is permissible to break the fast based on the report of a just man that the sun has set, and also based on hearing the call to prayer from a just man.

It is haraam for the one who doubts that daylight has ended to break his fast at the end of the day, until he has made an effort to find out about the sun’s setting first (or has been told by a righteous person or has heard the call to prayer), and has made up his mind that daylight has ended, but he may eat or break his fast on the basis of that assumption; the more prudent course is to be patient in order to be certain.

It is permissible to eat if one thinks that the night is still there, based on his own ijtihaad or the report of a just man. The same applies if there is any doubt that there is night, because the basic principle is that there is night, but eating in this case is makrooh. If a righteous man announces that dawn has broken, then the one who receives the news must take it seriously, and the same applies if the one who announces it is a wicked person who is presumed to be righteous.

If, based on his ijtihaad, a person eats sahoor or if he breaks the fast, then it turns out that this happened during the day, then his fast is invalidated, because a clearly erroneous estimation cannot be based on it, and if it turns out that it was not clearly erroneous, then his fast is valid.

If dawn breaks and there is food left in a person’s mouth, then he spits it out before anyone enters the jauf, then his fast is still valid. Similarly, if dawn breaks, and he is still having intercourse, then he immediately breaks it off, his fast is not invalidated, even if he ejaculates, because breaking it off means giving up intercourse, but if he does not break it off immediately, then his fast is not valid, and he has to make it up and offer expiation.

It is permissible to break the obligatory fast (it is permissible not to fast the obligatory fast):

1. Because of a serious sickness that is within the range of what is permissible to do tayammum, such as fearing that the sickness will worsen if he fasts.

2. A journey on which it is permissible to make qashar of prayer, not a journey that falls short of the permissibility of making qashar of prayer, and not a sinful journey. Fasting on a journey that does not cause harm is better than breaking the fast.

3. Fear of harm (sickness or death) if he fasts, whether from thirst or hunger, even if he is healthy and at home.

Imam al-Adhraa’i said that farm laborers and others must make the intention to fast at night, then if they have a great hardship during the day, then they may break the fast, but if they do not, then they should not break the fast.

It is obligatory to make up obligatory fasts that have not been fulfilled, even if there is an excuse, such as fasting Ramadan, vows or expiation, all of which are due to sickness, traveling, missing the intention, menstruation or nifaas. It is not obligatory to make up a fast because of insanity or drunkenness that is not the result of a mistake.

It says in al-Majmu’: Making up the fast of the day of uncertainty (i.e. the 30th of Sha’baan, which turned out to be the first of Ramadan) is obligatory immediately, because in such a case imsak (refraining from things that break the fast) is obligatory. A number of fuqaha’ have stated that the ruling on the one who does not intend to fast is that imsak is obligatory, but the ruling on making up the fast here is that it does not have to be instantaneous.

Imsak is obligatory for one who breaks his Ramadaan fast – not a vow or qadha fast – if he breaks it without an excuse of sickness or travel.

Or it is invalidated because of a mistake made, such as someone eating because he thought it was still night (not yet dawn), forgetting to intend to fast at night, or breaking his fast during the day and it turns out that it is Ramadan. The obligation of imsak, as mentioned above, is to honor the glory of the month of Ramadan.

If a person breaks his fast, as in the case above, he has not fulfilled the Islamic fast, but his action is rewarded, so if he has intercourse, he is sinning, but he does not have to offer expiation.

If in the middle of the day the sick person recovers, the traveler arrives home and the menstruating woman becomes pure, then it is mustahabb to have ‘imsak.

The one who breaks the fast by having intercourse, which is considered a sin because he is fasting, must make up the fast and offer expiation for the number of days that he broke the fast, even if he has not yet made expiation for the days that he broke the fast. This obligation does not apply to the one who breaks his fast by masturbation or eating (he only has to make up the fast),

The expiation here is: freeing a believing slave: if he is unable to do so, then he must fast for two consecutive months: if he is unable to fast because of sickness or old age, then he must feed 60 poor or needy people with one mud of basic food that is normal for each person. This obligation must be done with the intention of paying expiation.

It is not permissible to offer expiation to someone who is obliged to pay for his maintenance.

It is obligatory for the one who abandons fasting in Ramadaan because of an excuse that he cannot hope to exhaust, such as old age or sickness from which there is no hope of recovery, to give one mud of food per day, if he is rich, and he does not have to make up the fasts, even if he is able to fast again afterwards, because he is not subject to the khithab of fasting.

Therefore, the fidyah of one mud is the original obligation, not a substitute for not fasting.

Fidyah and making up fasts are obligatory for a pregnant or breastfeeding woman who does not fast because she fears for her child (or womb); if she fears for herself, then she has to make up the fasts only.

It is obligatory for the one who delays making up the fasts of Ramadaan until the next Ramadaan comes, without any excuse – such as no travel or sickness – to do so. One mud is for one day of making up the fasts in one year of delay, so the mud payment is doubled because of the delay in making up the fasts over several years, according to the correct view.

The exception to what we said about “no excuse” is if the fast is delayed because of an excuse, such as traveling, sickness or breastfeeding, until the next Ramadaan, in which case he does not have to offer a fidyah for the duration of the excuse, even if it lasts for years.

If a person delays making up the fasts of Ramadaan until the next Ramadaan, and he is able to do so, then he dies, two muds must be taken from the estate of the deceased to make up the fasts, one mud in lieu of making up the fasts and the other mud to compensate for the delay, if the fasts were not made up by a relative or someone to whom the deceased gave permission.

According to the jurisprudence of Imam As-Shaafa’i: It is not permissible to make up the fasts of the dead person in an absolute sense (whether he had the opportunity to make them up or not, and whether he missed them because he had an excuse or not), rather he should offer a fidyah of one mud per day of making them up from his estate. The same applies to votive fasts and expiation.

Imam An-Nawawi, like the Muhaqqiqeen, is of the view that the Qadim are correct in stating that it is not stipulated that the deceased must offer the fidyah, but it is permissible for the guardian to make up the fasts for the deceased; if the deceased left wealth, then he must do one of them (make up the fasts or offer the fidyah); if he did not leave wealth, then it is Sunnah for him to do one of them.

These fidyahs are given to the poor: he may give all his mud to one person.

Benefits:

If a person dies while still praying, he does not have to make up the missed prayers, and he does not have to offer a fidyah.

According to the view of a group of Mujtahideen scholars, the prayer must be made up on behalf of the dead person, based on a hadith narrated by Imam Bukhari and others. This view was adopted by a group of our scholars (the Shafi’i school of thought). Imam As-Subki used to make up prayers on behalf of dead bodies for his relatives.

Imam Ibn Burhan quoted the view of the Qadim that it is obligatory for the guardian to pray for the dead person, just as it is obligatory for him to make up the fast if he left behind wealth.

According to the view of the Ash-Shafi’is, and this is the view of most scholars, the guardian of the bolch should pay one mud for the fidyah of one prayer.

Imam al-Muhib Ath-Thabari said: All acts of worship, whether obligatory or voluntary, that are performed on behalf of a dead person are rewarded by the dead person.

In the book Sharhil Mukhtar, the author said: According to the view of the Ahl al-Sunnah, a person can make his deeds and prayers available to others, and their reward can reach him.

Sunnah for people fasting Ramadan or otherwise:

Eating sahoor and doing so at the end of the day, so long as there is no uncertainty about the break of dawn. It is customary to eat Suhoor with dates, according to the Hadīth. It is also acceptable to eat sahoor by drinking a sip of water.

It is mustahabb to eat Suhoor when midnight comes. As for its wisdom, which is to gather strength to avoid the actions of the People of the Book, there are two opinions.

Using fragrances at Suhoor time (whether in Ramadan or otherwise).

Iftar (breaking the fast) when it is believed that the sun has set. Sunset in a crowded place or mountainous wilderness can be recognized by the disappearance of the sun’s rays from the top of a fence or mountain peak.

Breaking the fast first before performing the Maghrib prayer, if one is not worried about missing the congregation or takbiratul ihram.

Breaking the fast by eating dates, because this is enjoined, and what is more perfect is to eat three of them. If it is not possible to find dates, then it is recommended to break the fast with a few sips of water, even if it is Zamzam water.

Then, if there is a conflict between hastening to open with water and delaying to open with dates, then according to our Master’s explanation, it is better to hasten to open with water. He also said: It is clear that between breaking the fast with dates, which have a lot of doubt, and water, which has little doubt, water is preferable.

Our two teachers (Imam Rafi’i and Nawawi) said: No iftar dish is better than dates and water, so Imam Rauyani’s statement that sweets are better than water is a weak opinion, as is Imam al-Adzra’i’s statement that grapes are equal to dates. Imam al-Adhra’i said this because grapes are commonly available in Madinah.

After breaking the fast, pray: Allahumma … and so on (O Allah, it is for You that we fasted, and it is with Your sustenance that we break our fast). For those who break their fast with water, it is Sunnah to add to the prayer: Dzahaba … and so on (The thirst has disappeared, the sinews have been refreshed, and the reward of fasting is with You, insha Allah Ta’ala).

Do a ghusl such as janabah before dawn breaks, so that water does not enter the jauf, such as the ears or rectum.

Our teacher (Ibn Hajar) said: The reason for this is that water entering these cavities invalidates the fast, in the sense that we can understand it (not in general terms). This is based on what has already been said, which is that prolonged use of water, such as gargling, which is prescribed by sharee’ah, or washing the mouth when it is impure, does not invalidate the fast, because it is an excuse. Hence the issue of water reaching the nasal or anal cavities breaking the fast comes under the heading of mubalaghah (exaggeration), which is forbidden.

It is Sunnah to avoid food that is doubtful, and to refrain from indulging in permissible desires, whether it is the sound, sight, touching odors or smelling them.

If there is a conflict between the prohibition on touching fragrances for the fasting person and the prohibition on refusing them, then it is better to avoid touching them, because the prohibition on touching them may reduce the reward for fasting.

Imam Ar-Rauyani said in al-Hilyah: What is preferable for the one who is fasting .is not to wear eye shadow.

It is makrooh to use the tooth-stick after sunset and before sunset, even if one has just woken up or has eaten something foul-smelling out of forgetfulness. A group of scholars said: It is not makrooh to use the tooth-stick in this case, rather it is mustahabb if the mouth smells bad, because it is like waking up.

One of the Sunnahs for the fasting person is to guard the tongue from prohibited things, such as lying, backbiting and cursing, because these actions take away the reward of the fast, as explained by the scholars and indicated by several sahih traditions, which were narrated by Imam Ash-Shati’i and his Ashhab, and acknowledged by Imam Nawawi in Al-Majmu’.

Based on the explanation of the scholars above, the discussion of Imam Al-Adhra’i is rejected, that the reward of fasting can still be obtained, but bear the sin of the sinful act.

Some of the scholars said: Saying that a person is forbidden invalidates his fast, which is an interpretation of Ahmad’s view concerning the ruling on praying in the place where the money was stolen.

If a fasting person is insulted by someone else, then he should say (silently) -even if it is a voluntary fast-: “Indeed I am fasting”, two or three times, as a warning to himself. He can also say it verbally, so that he will not be mistaken for being jealous. If he wants to do one or the other, then it is better to say it orally.

Sunnah Muakkad in the month of Ramadan – especially in the last 10 days – is to increase charity, make allowances for family expenses, and do good to relatives and neighbors, following the Prophet’s example: It is also Sunnah to break the fast for those who are fasting, if you can afford it, and if you cannot afford it, then it is sufficient to give some kind of drink.

It is Sunnah to recite more of the Qur’an than when one is in the restroom, even if one is on the road.

It is Sunnah to recite more of the Qur’an than when one is in the restroom, even if one is on the road.

The best time of day to recite the Qur’an is after Fajr: As for the night, it is the time of Suhoor, then the time between Maghrib and Isyak, Reading at night is more preferable.

The best thing for someone who recites the Qur’an is to internalize its content. Imam Abul Laits said in Al-Bustan (Bustanul ‘Arifin): One should recite the Qur’an twice a year, if not more than that.

Imam Abu Hanifah said: Whoever recites the Qur’an twice a year has fulfilled the right of the Qur’an. Imam Ahmad said: It is makrooh to delay the completion of the Qur’an for more than 40 days without an excuse, based on the Hadīth narrated from Ibn ‘Umar.

Sunnah muakkad to do more acts of worship and iktikaf to follow the Prophet’s example.

Especially on the last ten days: Therefore, it is mustahabb to do the above three things, because of the Prophet (peace be upon him).  سِيَّمَا is pronounced with a tashdid ya’is. Sometimes it is not tashdid, what is more correct is that it is pronounced (dii’rabi) jar, and begins with the letter (لا سيما)لا while ما is the    letter zaidah. The word سيما indicates that what comes after it is more important than what comes before it.

It is Sunnah to do iktikaf until the time of Eid prayer, and it is also Sunnah to do it before the last 10 days of Ramadan.

Sunnah muakkad in these 10 days, increase the three kinds of worship, because it expects to coincide with the wisdom, virtue and glory of the night of Lailatul Qadr.

Doing good deeds on the night of the Lailatul Qadr is better than doing good deeds on 1000 months where there is no Lailatul Qadr.

Lailatul Qadr, according to our opinion (the Shaafa’i school of thought), is limited to those ten days: The most that can be expected, is on the night of the eleven: According to Imam Shafi’i: The odd-numbered nights are the 21st and 23rd, while Imam Nawawi and others are of the view that the night of Lailatul Qadr can be shifted from these 10 days to other nights, and that Lailatul Qadr is the only night of the year.

The hadith that states: “Whoever performs acts of obedience on the night of the Lailatul Qadr, believing that the Lailatul Qadr is true and righteous, and seeking the pleasure and reward of Allah, will be forgiven all his previous sins”: according to one narration: “… and the sins that will be.”

Imam Al-Baihagi narrated a hadith, which means: “Whoever always prays Maghrib and ‘Isyak in congregation until the end of the month of Ramadan, then indeed he has taken part of the Lailatul Qadr perfectly.”

He narrated another hadith, which means: “Whoever attends the last prayer of the congregation in the month of Ramadan has attained Lailatul Qadr.” The opinion that Lailatul Qadr occurs on the 15th of Sha’ban is distorted.

Enhancements:

It is recommended to do iktikaf at any time.

Iktikaf is: Staying a little longer than thuma’ninah prayer in a mosque or its rahbah (porch) that is not believed to have been built after the construction of the mosque or that the porch does not belong to the mosque, where the silence is with the intention of iktikaf, (even if iktikaf while going here and there).

If a person leaves the mosque, even to go to the toilet, where he did not set aside a time for voluntary or vowed iktikaaf, and he left with no intention of returning, then he must renew his intention if he wants to do iktikaaf again.

Similarly, he has to renew his intention if he wants to go back to iktikaf, if he sets a limit on his iktikaf, such as one day, after leaving the mosque for something other than going to the toilet.

If he left with the intention of returning, and then returned, he does not have to renew his intention.

This does not have any effect on the iktikaaf of a person who intends to do iktikaaf consecutively, such as intending to do iktikaaf for a week or a month consecutively, where he comes out to relieve himself – even if he does not need to, or to do ghusl or wash off impurities – even if he can do these things in the mosque, because he wants to protect his dignity and the honor of the mosque. Or leaving the mosque to eat (which does not have any consequences), because eating in the mosque is disgraceful. It is also permissible for him to do wudoo’ after relieving himself, because it follows the ruling.

Deliberately going out to perform ablution or take a voluntary bath is not permissible (it means breaking the continuity of iktikaaf).

It does not break the continuity of iktikaaf to leave the mosque (to relieve oneself and so on) in a distant place: Unless there is a closer place to relieve oneself, or the distant place is not suitable, then leaving the mosque in this case is breaking the continuity of iktikaaf, so long as the nearby place is suitable for relieving oneself.

The person is not required to walk (when relieving himself) which is not his habitual behavior.

(When he comes out of the mosque) he may offer the Jenazah prayer, if it is without waiting first.

Iktikaaf is invalidated by intercourse, even if it is something that is excluded, or it is done while relieving oneself, and it is also invalidated by emission of maniy because of skin contact with desire, such as kissing.

It is permissible to leave the mosque for the one who is in voluntary intensive care, for purposes such as visiting the sick.

Is this kind of going out preferable to staying in the mosque, or are they both the same? According to al-Aujah, as discussed by al-Bulqini, going out to visit some relatives, neighbors and close friends is preferable to staying in the mosque.

Imam Ibnush Shalah chose the view that he did not leave the mosque, because the Prophet (peace and blessings of Allaah be upon him) did not leave the mosque for that purpose.

Important:

Imam Yusuf al-Ardabili in Al-Anwar said: The reward of iktikaf is lost by cursing, backbiting or eating haraam food.

ARTICLE ON VOLUNTARY FASTING

Only Allah swt. who is able to calculate the virtues and rewards of sunnah fasting. This is why Allah attributes fasting – unlike other acts of worship – to His own Substance. Allah swt. said in Hadith Qudsi, which means: “All human actions are for themselves, except fasting, because fasting is for Me, and I am the one who will reward it.”

In a hadith narrated by Imam Bukhari-Muslim, it states: “Whoever fasts one day for jihad fisabilillah, Allah will separate him 70 years away from hell.”

It is Sunnah to fast the day of ‘Arafah (9th of Dhu’l-Hijjah) for other than pilgrims, because this fast can erase the sins of one year that has passed and one year that will occur, as stated in the Hadith of Imam Muslim.

The day of Arafat is the 9th of Dhu’l-Hijja. To be careful, you should fast on the 8th and 9th of Dhu’l-Hijja.

The sins that are expiated in the above Hadīth are minor sins that have nothing to do with the rights of others, because major sins cannot be expiated except by valid repentance, while the rights of others are up to the will of the one whose rights are taken away.

If the fasting person has no minor sins, then his virtues are increased.

It is Sunnah to fast the 8th of Dhu’l-Hijja. The basis for this is the Hadīth, which indicates that the ten days of Dhu’l-Hijja (meaning the first to ninth days of Dhu’l-Hijja/9 days) are better than the last ten days of Ramadan.

It is Sunnah to fast the day of ‘Ashoora’ – the 10th of Muharram. This is because, as explained in the Muslim hadith, fasting on that day can erase the sins of one year that has passed. It is also Sunnah to fast the day of Tasu’a – the 9th of Muharram – because, according to the Muslim hadith, the Prophet said: “If I had lived to see the next year, I would have fasted the 9th of Muharram.” It turns out that he passed away before reaching that date. The wisdom behind fasting on this date is that it contradicts the worship of the Jews.

Based on this wisdom, it is recommended for those who do not fast on the day of Tasu’a to fast on the eleventh, even if they have already fasted on the day of Tasu’a, according to the hadith. In al-Um (Imam Shafi’i’s book) it says: It is not makrooh to fast the day of ‘Ashura (the 10th of Muharram) alone.

As for the Hadīths that speak of wiping one’s eyes, bathing and wearing perfume on the day of ‘Ashoora’, they are fabricated by Hadīth deceivers (Maudhu’, as Imam Ibn Hajar r.a. said).

It is Sunnah to fast six days after Eid al-Fitr (Shawwal). This is based on the sahih hadith that fasting these days, along with the fast of Ramadan, is like fasting for the entire period. It is preferable to fast six days after Eid al-Fitr, because it means hastening to do acts of worship.

It is Sunnah to fast the 13th, 14th and 15th days of the month, because there is a sahih Hadīth to that effect. This is because fasting three days on these days is equivalent to fasting for a month, because virtue is multiplied 10 times.

Based on that, it is possible to fast three days other than these dates, but fasting on the dates mentioned above is preferable.

According to the view of al-Aujah: With regard to the thirteenth of Dhu’l-Hijja, it is acceptable to fast the sixteenth (because fasting the thirteenth of Dhu’l-Hijja is haraam). Imam Al-Jalalul Bulgini said: That is not the case, but the obligation is waived.

It is Sunnah to fast the day of Sud (dark night), which is the 28th and the following two days.

It is Sunnah to fast on Monday and Thursday. It is based on the hasan tradition that the Prophet (peace be upon him) favored fasting on these days. He said: “The deeds are reported on Monday and Thursday, so I am happy when my deeds are reported while I am fasting.” Meaning: The deeds are reported to Allah swt.

As for the deeds that the angels bring once at night and once during the day, about bringing them in Sha’ban is directed at the understanding that the deeds of one year are brought in their entirety.

Fasting on Monday is preferable to Thursday, because of a special case that has been mentioned by many scholars.

Imam al-Halimi’s view that fasting on Mondays and Thursdays is makrooh is a distorted view.

Branches:

A group of al-Mutaakhirin scholars issued a fatwa saying that the fast of ‘Arafah and so on can be attained by fasting the obligatory days (qadha or vow) on those days as well. This opinion (fatwa) contradicts what is stated in al-Majmu’ (by Imam Nawawi), which was followed by Imam al-Asnawi, as he said: “If the obligatory and voluntary fasts are intended together, then both of them cannot succeed.

Our teacher (Ibn Hajar) said: According to the sound opinion, if one makes an intention to fast these fasts (Arafah and so on), then the fast is like the Tahiyat al-mosque prayer, meaning that if one also makes an intention to fast a voluntary fast, then both fasts (fard and voluntary) are successful.

Branches:

After Ramadan, the most important months for fasting are the Haram months (Zulkaidah, Zulhijah, Muharram and Rajab), and the most important of them are in the following order: Muharram, Rajab, Zulhijah, Zulkaidah, then Sha’ban.

Fasting on the 9th of Dhu’l-Hijja is better than the day of ‘Ashoora’ (the 10th of Muharram), both of which are recommended.

Benefits:

If a person is in the middle of fasting or performing a voluntary prayer, it is permissible for him to interrupt it, but if it is a voluntary Hajj, it is not permissible for him to interrupt it.

If a person is in the middle of making up an obligatory obligation, it is haraam for him to interrupt it midway, even if the obligation is extensive.

It is not permissible for a wife to observe a voluntary fast or make up an obligatory Muwassa’ fast while her husband is with her, unless she has his permission or he is willing to do so.

Enhancements:

It is haraam to fast on the days of Tasyrig (11th, 12th, 13th of Dhu’l-Hijja), Eid al-Fitr, Eid al-Adha, and the day of Sha’ban for one who is not accustomed to fasting on the previous days (e.g. used to fasting during life, fasting a day and not fasting a day, or used to fast on Mondays or Thursdays). The day of Sha’ban is the 30th of Sha’ban, on which news has spread that people have seen the crescent of Ramadan, but the ru’yah has not been established (in front of the judge). The same applies to the day after the 15th of Sha’baan, so long as the fast is not connected to the previous day, does not coincide with the customary day, or is not a vow fast or a fast to be made up, even if it is a voluntary fast.

بَابُ الْحَجِّ وَالْعُمْرَةِ

HAJI CHAPTER

The word الحج , with fathah or kasrah at the beginning, according to lughat means “to”, or “to the most / most praised thing / person”. According to Islamic law, it means going to the Ka’bah to perform acts of worship, as will be explained later.

The Hajj is one of the greetings of the previous prophets.

It is narrated that Prophet Adam a.s. performed Hajj 40 times, departing from the Land of India on foot, and Archangel Gabriel a.s. said to him: “The angels before you have circumambulated this House of Allah for 7000 years.” Imam Ibn Ishag said: “Allah swt. did not send any Prophet after Prophet Ibrahim a.s. except that he performed Hajj.”

Scholars other than him have stated that no prophet has ever performed Hajj, contrary to the view that excludes the Prophets Hud and Shalih (a.s.).

Prayer is more important than Hajj, contrary to the opinion of Imam Al-Qadhi Husen.

Hajj was made compulsory in the 6th year of A.H., according to Al-Ashah. The Prophet Muhammad (peace be upon him) himself performed Hajj before and after becoming a Prophet, before the Hijrah he performed it many times, the number of which is unknown, and after the Hijrah only once, namely the Farewell Pilgrimage.

It says in the hadith: “Whoever performs Hajj in the House of Allah will have his sins expiated to the same extent as when he was born to his mother.” Our teacher said in Hashiyah al-Idhah: “What this means is that the sins of the righteous Adam are forgiven when he is born.” This is the explanation given in a hadith report. Some of our teachers have stated that the scholarly opinion is contrary to the above. The first opinion (which includes the sins of Adam’s rights) is more in line with the Sunnah, while the second opinion is more in line with the rule of law (Allah’s rights are founded on mercy, while Adam’s rights are founded on hardship).

Then we learned that some of the Muhaqqiqeen scholars quoted consensus on the second opinion. With this consensus, the fatwa that relies on the text of the hadith is rejected.

(Chapter on Umrah). Umrah according to Lughat means: “To visit a crowded place”. But according to sharee’ah, it means: “Going to the Ka’bah to worship” as will be explained below.

Hajj and Umrah are obligatory. Hajj alone is not sufficient, even if it includes the acts of ‘Umrah. Regarding the hadith: “The Messenger of Allah was asked about ‘Umrah, is it obligatory? He replied: “No”, it is a daif tradition in terms of ittifaq, although Imam At-Turmudzi rated it as sahih.

(Hajj and ‘umrah/nusuk) are obligatory on every free Muslim who is mature and of sound mind.

Hence, nusuk is not obligatory on a child, a mad person, or a slave. On the other hand, the stabbing of a person who is not yet an adult or a slave is a Sunnah act of worship, not a Fard.

The one who is able to do Hajj has a round-trip provision, the wages of a driver who is safe for him, and a vehicle or fare, if the distance from his place to Makkah is two marhalahs, or less, but he cannot walk: There are also expenses left behind for those who are to be provided for and clothed while traveling and returning.

It is also stipulated that it is obligatory to travel safely with regard to one’s life and property, even if one is robbed and the amount taken is small.

For the one who is riding on a ship, it is stipulated that it is most likely to be safe. Therefore, if there is a high probability of drowning due to the season of high waves, or if there is an equal chance of survival and drowning, then it is not obligatory; rather riding a ship is haraam for Hajj and so on.

For women, in addition to the above conditions, it is essential that she travel with a male mahram, her husband, or another woman whom she trusts, even if she is a slave. This is because it is not permissible for her to travel alone, even if the distance is short, or even if she is traveling with a large group.

It is not obligatory for a woman to go with a trustworthy old woman to fulfill the obligatory duties of Islam. But if it is to fulfill a religious duty, then it is not permissible, even if it is with women who are numerous and close by, and who are ugly.

The scholars have stated that it is haraam for a woman from Mecca to perform voluntary ‘Umrah from the Land of Tan’im, contrary to the view of one of the scholars who disagreed with this opinion.

(The obligation of nusuk) is to be fulfilled once in a lifetime, and the obligation does not have to be immediate.

However, the permissibility of delaying the nusuk is conditional on there being an intention to do it in the next year, and the time must not be limited to fulfilling vows or making up missed fasts, or fearing sickness or paralysis, or having one’s wealth ruined by a sign (garinab), however small it may be.

Some say: “It is obligatory for the one who can afford it not to neglect performing Hajj every five years, based on the hadith in this regard.”

Branches:

It is obligatory to perform the nusuk on behalf of the dead person who was liable for the nusuk, using his estate, just as this estate was used to pay off his debts. If the deceased had no estate, then it is Sunnah for the heirs to do it on his behalf. It is also permissible for someone else to do it, even without his permission.

It is also obligatory on behalf of a foreigner (non-Arab) who will not be physically able to do the stabbing, for example because of paralysis or sickness from which there is no hope of recovery, to pay him a reasonable wage that is the excess of his needs at the time of the wage and the excess beyond the needs of himself and his dependents after that time.

It is not valid to substitute the stabbing of a ma’dhub (one who is physically incapable of doing it) without his permission, because Hajj requires an intention, and in this case, he is the one who has the right to make the intention and give permission.

Pillars of Hajj

The pillars of Hajj are six:

1. Ihram for Hajj, which is the intention of entering Hajj. The basis for this is a hadith which means: “All deeds are valid with the intention.” Saying the intention and Talbiyah is not obligatory, rather it is only Sunnah, so say in your heart and with your tongue: “I intend to perform Hajj and I enter ihram for the sake of Allah alone: I welcome Your call … and so on.”

2. Wukuf in ‘Arafah, i.e. the hadith “even for a moment in any corner of the Land of ‘Arafah, while sleeping or passing by. Based on the hadith narrated by Imam Turmudzi which means: “The great thing in Hajj is the wukuf in ‘Arafah.”

The Mosque of Ibrahim and the Field of Namirah are not included in Arafat.

For men, it is preferable to examine the place of the Prophet’s wukuf, which is on the familiar boulders (in the valley of Mount Rahmah).

This place is called Arafat,: according to one opinion, because that is where the Prophet Adam a.s. met Eve. Another opinion suggests that this is not the case.

The time for wukuf in Arafat is between the sunset of Arafat – that is, the 9th of Dhu’l-Hijja until dawn breaks on the day of Nahr (the 10th of Dhu’l-Hijja).

It is Sunnah to do wukuf at a time that includes both day and night: If this is not possible, then it is Sunnah to offer Dam Tamattu’.

3. Tawaaf Ifadhah. It begins in the evening of the day of Nahr. Tawaf is the most important pillar of Hajj, even compared to wukuf. This is different from the opinion of Imam Az-Zarkasyi.

4. Sai, which is a small run from Shafa to Marwah 7 times with certainty. Sa’i is done after Tawaf Qudum, as long as it is not yet wukuf in Arafat, or after Tawaf Ifadhah.

If it is less than seven times, then it is not sufficient. If he doubts the number of laps before completing tawaaf, then he must rely on the least number, because that is what he believes to be correct.

If a person does saa’i after tawaaf qudum, it is not mustahabb to repeat it after tawaaf al-ifaadah; rather it is makrooh.

The obligation in saa is to start from Shafa and end at Marwah, the basis of which is to follow the Prophet.

If he starts from Marwah, then his journey to Shafa on his return from Shafa to Marwah counts once, and from Marwah to Shafa a second round.

It is Sunnah for men to climb to the top of Shafa and Marwah as high as a person can stand, to walk normally at the beginning and end of the saa (this is Sunnah for both men and women), and it is also Sunnah for men to walk at the beginning and end of the saa and to jog in the middle, as we all know.

5. Cutting the hair of the head, whether shaving or cutting, because this is where TahalluL is.

The least that can be done is to remove three hairs. The fact that the Prophet (peace and blessings of Allaah be upon him) shaved it evenly is to explain its virtue, unlike the scholars who say that it is obligatory. For a woman it is preferable to cut rather than shave.

Then he enters Makkah after stoning the Jummah of Agabah and cutting his hair, then does the tawaaf of the pillars (tawaaf ifadhah), then the saa’i if he does it after the tawaaf qudum, which is preferable.

The haircut, tawaaf and saa’i do not have an end date. However, it is makrooh to delay them until after the 10th of Dhu’l-Hijjah, and it is even more makrooh to delay them until after leaving Makkah.

6. Order among most of the pillars. That is, ihraam takes precedence over the other pillars: wukuf takes precedence over tawaaf and cutting (shaving) the hair: and tawaaf al-ifaadah over saa’i, if saa’i is not done after tawaaf qudum. All of this is based on following the Prophet (peace and blessings of Allaah be upon him).

These pillars (if they are omitted) cannot be replaced by a compensatory sacrifice. Later on, we will explain the things (obligatory for Hajj) that can be substituted for the Dam.

The six pillars of Hajj mentioned above, apart from wukuf in ‘Arafah, are also the pillars of ‘umrah, because they also apply to ‘umrah.

It is clear that it is obligatory to cut one’s hair later than saa’i, and it is obligatory to follow all the pillars of ‘umrah,

Warning:

Hajj and Umrah (nusuk) can be performed in three ways: Ifrad, which is to perform Hajj first and then perform Umrah: Tamattu’, which is to perform Umrah first and then complete Hajj: Qiran, which is to enter ihram for both Hajj and Umrah.

The most important is the Ifrad method, if the Umrah is done before the next Hajj season, then the Tamattu’ method. The person who performs the Tamattu’ or Qiran system must pay compensation if he is not a resident of the Grand Mosque, and his place is less than the Grotto of the marhalah from there.

Conditions of Tawaf

The conditions of tawaaf are six:

1. Pure from bad and unclean.

2. Auratnys are covered for those who are able to cover them.

If he loses one or both of these conditions in the middle of tawaaf, then he should complete it and continue tawaaf, even if it was deliberate and a long time ago.

3. The intention for tawaaf, if done on its own, is not part of the nusuk, as is the case with other acts of worship. If tawaaf is done with the nusuk, then the intention is Sunnah.

4. Starting tawaaf from Hajar Aswad with the left half of the body parallel to Hajar when walking.

The way to align the body is: Standing next to the Ka’bah at the point where it crosses the Yamani Pillar, so that the whole of the Ka’bah is on his right, then he intends to do tawaaf, then he walks facing the Ka’bah until it is gone from his sight: In this position, he then faces his right and the Ka’bah becomes the Ka’bah, which is on his left. It is not permissible to face the Ka’bah except at the beginning of tawaaf.

5. Positioning the body so that the Ka’bah is on the left side when walking forward.

So it is obligatory that his whole body, including his left hand, is in the Yuar “Shadzirwan” and “Hijir Ismail” this is an act of ittiba’ to the Prophet PBUH. If he does not do this, his tawaaf is not valid.

If a tawaaf circumambulator is facing the Ka’bah for some kind of supplication, then he should take care not to walk, even a little, before returning to the position where the Ka’bah is on his left.

It is obligatory for the one who kisses the Hajar Aswad to keep the soles of his feet upright, because when he kisses it, his head enters the Ka’bah.

 Tawaaf should be done seven times with certainty, even if it is makrooh. Therefore, if the tawaaf is less than this number, then the tawaaf is not sufficient.

Sunnahs of Tawaf

It is Sunnah (during tawaaf):

Starting tawaaf by touching Hajar Aswad with one’s hand, i.e. touching it at every cycle, especially at the first cycle. It is Sunnah to kiss Hajar Aswad and rest one’s forehead on it.

It is Sunnah to touch the Pillar of Yamani with one’s hand, then kiss it.

It is Sunnah for men in the first three rounds of tawaaf, which are done before saa’i, to walk ramal, that is, to walk faster but shorten their strides: While on the last four rounds it is Sunnah to walk as usual, this is ittiba’ to the Prophet.

If he does not make it up on that round, then he does not have to make it up on the next round.

It is Sunnah for men to take a place close to the Ka’bah, so long as it does not disturb others or become difficult because of human pressure. If there is a conflict between staying close to the Ka’bah and divination, then it is better to stay close to the Ka’bah, because what is related to the act of worship itself is better than what is related to its place.

It is Sunnah for men to wear a rida’ (shawl) on every round of tawaaf and sai, which is done by ramal (running around), with the center of the shawl placed under the right shoulder and the two ends over the left shoulder, as an act of ittiba’ to the Prophet (peace and blessings of Allaah be upon him).

It is also Sunnah to pray two rak’ahs after tawaaf, behind the Mustajab Tomb, then at Hijir Ismail.

Branches:

It is Sunnah for men and women who enter the Grand Mosque to perform tawaaf first, based on following the Prophet (peace and blessings of Allaah be upon him), as reported by Imam Bukhari-Muslim. Unless the time coincides with the congregational prayers or there is a fear of running out of time for the obligatory prayers or the Rawatib Muakkad prayers, then one should give precedence to these prayers, not tawaaf. ,

Mandatory Hajj

The obligations of Hajj are five:

Obligatory here means that if an action is omitted, then a fidyah must be paid.

1. Ihram from Miqat (the place where Ihram begins).

For the residents of Mecca, the miqat is from their own place (whether they are natives or migrants), the Miqat of Hajj and Umrah for people coming from the direction of Medina, is Dzul Hulaifah which is also called “Bi’ru Ali”, People from Sham, Egypt and the Magrib regions, is Juhfah: Those from Tihamatul Yemen, Yalamlam; those from Najdil Yemen and Hijaz, Qarnu: The one who came from the eastern regions, is Dzatu Irq.

The Miqat for ‘Umrah for those who are in the Haram Land is from the Halal Land. The most important place is Ji’ranah, then Tan’im and then Hudaibiyah.

The Miqaat of travelers who do not pass through the Miqats mentioned above is from the places that are parallel to them, if there is a parallel on land or sea: If there is none, then the Miqat is from the area two marhalahs away from Makkah.

Hence, the traveler who comes by sea from the direction of Yemen, his Miqat is the slope called Muharram which is parallel to Yalamlam. It is not permissible for him to delay ihraam until he enters Jeddah, contrary to the view of our teacher who permits delay, on the grounds that the distance from Jeddah to Makkah is the same as from Yalamlam to Makkah.

If he entered ihram after the designated Miqaat, even if he forgot or was unaware, then he has to offer a compensatory sacrifice, so long as he did not repeat ihram from the Miqaat before doing the stitches, even if it is Tawaaf Qudum.

If it is done by anyone other than the two of them, it is a sin. –

2. Spend the night in Muzdalifah, even if only for a short time, starting from midnight after the 10th of Dhu’l-Hijjah (Nahr day).

3. Staying overnight in Mina for more than half of the nights of Tashreeq. Indeed, if a person departs before sunset on the 12th of Dhu’l-Hijja, then it is sufficient to spend the night in Mina on the 13th and to stone the Jamaraat during the day.

However, the obligation to spend the night in Mina is for those other than herders and drinking water officers.

4. Tawaaf Wada’ for other than menstruating people and Meccans who did not leave Mecca after Hajj.

5. Stoning the Jummah of Agabah seven times after midnight on the 10th of Dhu’l-Hijjah, and stoning the three Jamaraat seven times each after zawal on each day of Tasyrig, in an orderly manner between the three Jamaraat (Jumrah Ula, Wustha, then Aqabah).

By using anything that is called a stone, even if it is an agate or a fluted gem.

If you do not stone the Jamaraat on one day, then you have to make up for it by stoning them on the following days of Tashreeq: Otherwise it is obligatory to offer a compensatory sacrifice for having missed stoning three or more Jamaraat.

The obligations of Hajj (if missed) can be made up with Dam: This obligation is called “Sunnah Ab’adh”.

Sunnahs of Hajj

1. Bathing or tayammum for entering ihram or entering Makkah -even if you have not entered ihram in Dzi Thuwa.

Wukuf in Arafat in the afternoon, wukuf in Muzdalifah and stoning the Jamaraat on the days of Tashreeq.

2. Wearing fragrances on the body and clothes – even if it is a fragrance that has a strong smell – before entering ihraam and after the Sunnah ghusl. There is nothing wrong with that if the fragrance remains after entering ihram, or follows the flow of sweat.

3. Reciting the Talbiyah, i.e. the phrase: Labbaika … and so on Yes, Allah, I welcome Your call, there is no partner for You, I welcome Your call, indeed praise, favor, and power (kingdom) are also Yours, who has no partner with You), The meaning of “Labbaika” is that we are willing to obey You.

It is Sunnah to recite the Talbiyah above, and it is Sunnah to recite the salawat: Ask for Paradise and protection from Hell after repeating the Talbiyah 3 times.

The haraamness of the Talbiyah continues until the time of stoning the Jumrah of Aqabah. However, it is not Sunnah to recite it during tawaaf qudum and the saa’i that follows, because there are already specific dhikr that are recited here.

4. Tawaf qudum, because it is a tribute to the House of Allah.

However, it is done by the pilgrim or giran who comes to Makkah before performing wukuf. It is not lost by sitting in the mosque or by delaying its performance; rather it is lost by making wuquf in ‘Arafah.

5. Spend the night in Mina on the 9th of Dhu’l-Hijja.

6. Wukuf in Jama’, which is now called Masy’aril Haram, a hill on the edge of Muzdalifah. At the time of wukuf, one should remember and pray while facing the qiblah until the night is almost light again, which is based on following the Prophet (peace and blessings of Allaah be upon him).

7. Reciting certain dhikr and supplications at certain times and places. These supplications and dhikr have been compiled in the book compiled by Imam As-Suyuthi, Wazhaiful Yaumi wal Lailati, so please look it up.

Benefits:

It is Sunnah Muakkad, even if one is not performing Hajj or Umrah, to make a pilgrimage to the Prophet’s grave, based on the traditions that mention its virtues.

Drinking Zamzam water is Sunnah, even for people other than those performing Hajj and Umrah. It is said that Zamzam water is the best, even if it is compared to the water of the Bay of Kautsar.

ARTICLE ON PROHIBITIONS DURING IHRAM

It is forbidden for men and women who are in ihram to do certain things:

1. Copulation, based on the Qur’anic verse (Al-Baqarah:197) which means: “… it is not permissible to have intercourse”, the word “rafas” here is interpreted as “intercourse”, because of intercourse, Hajj and Umrah are spoiled.

2. Kissing and touching skin with desire.

3. Masturbation: This is different from emission of semen due to gazing or daydreaming.

4. The marriage contract is based on the hadith narrated by Imam Muslim, which means: “It is not permissible for a person who is in ihram to marry or give in marriage”.

5. Wearing fragrances on the body or clothing, with such things as misik or amber oil, chalk scented with the scent of the living or the dead, flowers or roses, even if it is only by tying such things on the hem of the garment or putting them in a pocket.

 If the smell is weak, such as kadzi flowers or inai, which, when exposed to water, become strong, then it is also haraam. If it is not strong, then it is not haraam.

6. Wearing head or beard hair oil, even if it is not fragrant, such as zait and samin oil.

7. Removing hair from the head, beard or body hair, even if it is just a strand. Indeed, if it is necessary to cut the hair because of lice or sores, then it is not haraam, and one must offer a fidyah.

If a hair grows in the eye or covers the eye, and he removes it, then it is not haraam and he does not have to offer a fidyah.

8. Cutting the nails of the hands or feet, even if it is just a little bit. However, if the nails are cracked and painful, even if it is not much, then it is permissible to cut them.

9. A man without an excuse – not a woman – should cover part of his head with something that according to ‘urf is considered a covering, whether it is sewn or not, such as a skullcap or a piece of cloth.

As for covering it with something that is not regarded as covering it, it is not haraam, such as a small thread, a turban, or putting one’s hand over one’s head without any intention of covering it.

If, on the other hand, he puts his hand down with the intention of covering his head, then the ruling on its prohibition is still disputed by the scholars.

It is not haraam to carry a basket that does not cover the head, nor is it haraam to take shelter under a husk (a small house on a camel), even if it touches the head.

10. It is haraam for a man to wear on any part of his body any garment with threads, such as a kurung or toga, woven or tied garment, where there is no excuse for wearing it.

Therefore, if there is an excuse, it is not haraam for a man to cover his head, even if it is very hot or cold. The limit of an excuse is a condition that one cannot bear, even if it is not permissible to do tayammum because of it. It is permissible to cover the head because of an excuse, and it is obligatory to offer a fidyah, because it is compared to the obligation to offer a fidyah for cutting the hair because of an excuse.

If he wears stitched clothes because he has nothing else and cannot get them, even if he borrows them, then it is not haraam and he does not have to offer a fidyah. But if he was able to obtain unstitched clothes by means of a gift (then wearing stitched ones is not haraam, because accepting a gift is not obligatory), because what is called a gift is very likely to be mentioned by the giver in the end.

It is permissible to wear clothes that are stitched all over the body, because of the need for heat or cold, and the fidyah must be paid.

It is permissible to wrap a sarong or blanket around a shirt or toga, and to bind or tie a sarong with thread so that it can be worn securely: It is not permissible to put the necklace of the toga on his neck, even if he does not put his hands inside his arms.

11. For women – not for men – it is forbidden to cover part of the face with anything that is considered a covering.

The fidyah for one transgression of a prohibition other than intercourse during ihram is to slaughter a sheep that is sufficient for a sacrifice. This is a one-year-old sheep or a two-year-old ordinary goat.

Or give three saa’ of food in charity to six poor people in the Haram area, 1/2 saa’ each, or fast three days. Those who violate any of the above restrictions may choose any of the three types of fidyah.

Branches:

If the Muhrim (person in ihram) violates any of these restrictions because he forgot or did not know the ruling, then he has to offer a fidyah, but if the violation is one of tamattu’ (enjoyment), such as wearing stitched clothes or perfume, then he does not have to offer a fidyah.

In the case of removing three hairs or nails at the same time and in the same place, according to ‘urf, the full fidyah is obligatory; if it is one hair or nail, then the fidyah is one mud, and if it is two, then the fidyah is two mud.

The compensatory sacrifice (fidyah) that must be made for missing an obligatory part of Hajj, such as entering ihram from the miqaat, spending the night in Muzdalifah and Mina, stoning the Jamaraat, and tawaaf al-wada’, is to sacrifice a sheep that is sufficient for sacrifice in the Haram, as is the compensatory sacrifice for Hajj tamatu’ and qiran.

The one who is unable to slaughter a sheep should fast three days immediately after giving up his obligation, after entering ihram and before the tenth of Dhu’l-Hijjah, even if he is a traveler. If he is unable to do so, even if there is someone who is able to pay for it, or he is able to get it, (but) the price is above the general price.

Hence it is not permissible to delay fasting from the day of Nahr (10 Dhu’l-Hijjah), because that would be making up the fast, which is haraam, and it is not permissible to fast before entering ihram for Hajj, according to a verse in the Qur’an.

In addition, the person must fast 7 days after arriving in his hometown. These fasts are Sunnah to be done in a continuous manner, as with the fasting of 3 days in the Haram.

The word of Allah (in surah Al-Baqarah: 196), which means: “… so whoever cannot find a sacrificial goat, it is obligatory to fast three days during the Hajj and seven days after you return.”

It is obligatory for the one who spoils his ritual, which is Hajj or ‘Umrah, even if it is a voluntary ritual with intercourse, to offer a sacrifice of a camel. What is meant by badanah here is either a male or female camel.

If you cannot afford to slaughter a camel, then you must slaughter an ox: If not able, then 7 goats: If you cannot afford it, then you have to give food in charity in the amount of the price of a camel: And if you still cannot afford it, then you have to fast one day for one mud in the amount of that mud of food.

As for the woman with whom he had intercourse, she has only sinned, but she does not have to offer the fidyah.

From what I said about the stitch being invalidated, we know that the stitch is invalidated by intercourse: In that case, he is obliged to continue the stabbing in the manner that is not invalidated.

In addition to the above-mentioned compensatory sacrifices, he must make up the stitches immediately (in the case of ‘Umrah, he must do them after Tahallul and the practices that follow it, and in the case of Hajj, he must do them in the following year of Hajj), even if the stitches that were broken were Sunnah stitches (e.g. stitches done by slaves and children). This is because having done it makes the time of the obligation, which was wide, narrow, and what was a voluntary act becomes fard – meaning that it must be done as if it were fard – unlike the case with voluntary acts other than nusuk.

Enhancements:

It is Sunnah for anyone visiting Mecca, especially a Hajj pilgrim, to slaughter an animal as a gift that he has brought from his home town: If he cannot, then he should buy it on the way, in Makkah, Arafat or Mina, and it should be a fat and good animal. The gift is not obligatory unless it is offered.

Important:

It is Sunnah for a free man who can afford it to sacrifice a male sheep that is one year old or has teeth, even if it is not yet one year old, not a two-year-old sheep, a two-year-old bull or a five-year-old camel, with the intention of making his choice of sacrifice.

Sacrificing is more important than giving charity.

The time for slaughtering it is from when the sun rises high on the 10th of Dhu’l-Hijjah until the end of the day of Tashreeq (the beginning of this time is the best time, because the sacrificial animal may be slaughtered after sunrise and the two rak’ahs of Eid al-Adha and the two sermons are completed).

One seventh of an ox or camel is sufficient for the sacrifice of one person. Animals that are not sufficient for sacrifice: 1. underweight, 2. cut off or missing part of its tail or ears, 3. lame, 4. blind, 5. with an obvious disease. For animals with torn or cracked ears, there is no problem (sufficient).

The most correct view is that sacrificing a pregnant animal is insufficient, as is the view confirmed by Imam Ibn Rif ah.

If a person vows to offer a sacrifice with an animal that has one of the defects mentioned above or that is not old enough, or he says: “This deformed animal will be my sacrifice”, then he must slaughter it, but it is not sufficient as a sacrifice, even if he specified the time of slaughtering it at the time of slaughtering the sacrifice, and the use of the meat of the animal is like the use of the sacrifice. It is haraam to eat the meat of the sacrifice or its reward, which is obligatory on him because of a vow.

It is obligatory to give the meat of the voluntary sacrifice, even if it is raw, even if it is a little bit (unlike the meat of the obligatory sacrifice, in which case it is obligatory to give all of it) to the poor, even if it is only one piece. But it is better to give the whole of it in charity, except for a few pieces that are eaten to take the blessing, which should be eaten from the heart and should not exceed three pieces. It is also preferable to give the hide in charity (because it is permissible for the one who is offering the sacrifice to use the hide, and it is haraam to sell it or give it to the slaughterer as payment for slaughtering it).

It is permissible for the one who is sacrificing to feed the rich, but it is not permissible to give them free ownership of the meat (in other words, he may give it to them only to eat -pen).

It is Sunnah for the male sacrificer to slaughter the animal himself, and it is Sunnah for the representative of the slaughterer to bear witness to the sacrifice.

It is makrooh for the one who intends to offer a sacrifice to remove any hair from his body on the tenth of Dhu’l-Hijjah until he slaughters his sacrificial animal.

It is mustahabb for parents who provide for their offspring, and it is slaughtered from the time of the baby’s birth until he reaches the age of puberty. The ruling on the animal is like that of the sacrifice.

It is Sunnah not to break the bones of the akikah animal, and to give the meat when it is ripe and send it to the poor is better than calling them to the house, and than giving them raw meat. It is also Sunnah to slaughter it on the 7th day of the baby’s birth.

It is also Sunnah, on the seventh day, to give a name to the child, even if the baby died earlier. It is also Sunnah to give a name to a baby who has died in the womb until the time of the spirit.

The better names are Abdullah and Abdur Rahman. Naming children after prophets or angels is not makrooh, and the name “Muhammad” has many virtues.

It is haraam to name him “Malikul Muluk” (King of Kings), “Qadhil Qudhat” (Judge of Judges), and “Hakimul Hukkam” (Judge of Judges). It is also forbidden to name him Abdun Nabi, Jarullah, and Abil Qasim.

It is Sunnah to shave the baby, even if it is a girl, on the seventh day, and to give in charity the weight of the hair in gold or silver. It is Sunnah to recite surah Al-Ikhlas and the verse “Inni … and so on. (… and verily I seek refuge for him and his offspring with You from the temptation of the accursed devil Aali Imran: 36), on the baby’s right ear and on his left ear the words of ikamah are recited. The dhamir in the verse is still muannatskan, even if the baby is a boy.

It is Sunnah for men – if there are none, then for women too – to feed dates to the newborn, and if there are no dates, then it is Sunnah to eat any sweet that is not processed with fire.

It is Sunnah for a woman who is sick before giving birth to a baby to recite the verses of the Kursi, the verse Ina Rabbakum (al-A’raf: 54), Sūrat al-Falaq and An-Nas, and to make many supplications, asking for ease (i.e. Laa ilaahaillallaahul ‘azhimul halim and so on) next to the woman. ,

Our teacher said: The recitation of Sūrat al-An’am up to the verse “Wa laa rathbiw wa laa yaabis … and so on,” (al-An’am: 59) during akikah, is an innovation of ignorant lay people. Hence he should discourage it and do his utmost to forbid those who do it.

Branches:

It is Sunnah for everyone to apply oil occasionally (not all the time, but once in a while), to make up the eyes with itsmid, repeated in odd numbers, at bedtime, and to dye the gray hair and beard with red or yellow polish.

It is haraam to shave the beard, and it is haraam for men to wear henna on the nails of the hands or feet: This is different from the view of the majority of scholars on these two issues. Imam al-Adhraa’i discussed the ruling on the permissibility of shaving the hair on the neck, in which he said that it is permissible.

It is Sunnah for a married woman (with a sayid) to wear a henna, but it is makrooh for a woman without one.

It is haraam to sharpen one’s teeth, to dye one’s hair, or to connect one’s hair with unclean hair: However, it is not haraam if the hair is made of silk or woll.

It is Sunnah to keep small children indoors at night: Closing all containers, even if it is by placing wood on them, closing the doors, both of which are Sunnah, by reciting the Basmalah, and turning off the lights when going to bed.

You should know that land animals that can be controlled are slaughtered by cutting the esophagus, which is the way in and out of breath, and cutting the Mari’, which is the way in and out of food behind the hulqum (esophagus), using sharp objects other than bones, teeth and nails, such as iron, bamboo, glass, gold and silver.

Based on that, it is haraam to eat an animal that dies as a result of being hit by a heavy object, metal or otherwise, such as a bullet, even if it sheds blood or even severed its head. Similarly, it is haraam if the animal is slaughtered with an object that cannot sever it, except with strong pressure from the slaughterer.

Therefore, it is recommended to hasten the severing of the hulqum sinew, so that the animal does not reach the point of death before the sinew is completely severed.

A fetus that dies in its mother’s womb because its mother was slaughtered is halaal. The same applies if it comes out of its mother in a state of death motion (motion like a slaughtered animal, not one that still has life mustaqirrah -pen), then dies instantly.

With regard to an animal that is not under control because it is flying or running away, whether it is a wild animal or a tame animal, such as a camel or a young goat that has escaped from its tether, the method of slaughter is to wound it in any part of its body that could cause it to die,

by using some kind of arrow or sword: even if you have a little patience, you will be able to master it, and even if you don’t worry, there will be some kind of thief.

Then if the animal is caught, and there is still “hayat mustaqirrah” (alive and still able to see, sound and move with consciousness -pen), then the animal must be slaughtered.

If it was not due to rashness on the part of the mourner that the uncontrolled animal died, for example because it was caught by facing it towards the Qiblah, or because he had just sharpened the knife and had not finished, then the animal preceded him in death, then the animal is permissible. If it was due to rashness, for example because he did not have a knife with him, or because the knife was caught in the sheath and it was difficult to remove it, then the dead animal is not permissible.

It is haraam to hunt animals with the bullets that are used today, which are made of metal and launched by the force of fire, because they will burn the animal and it will die immediately.

Our teacher said: Indeed, if the hunter is a skilled person and is certain that the bullet will hit some kind of wing and tear it off, then it may be possible to do so.

Hunting with old-fashioned bullets – that is, bullets made from dry earth – is permissible according to the Muktamad view, as is the view of some of the Muhaqqiqeen.

The person slaughtering must be a Muslim or a kafir kitabi who is lawful to marry.

It is Sunnah to cut the two veins, which are the two veins in the neck of the animal: to sharpen the knife as sharply as possible, to face the qiblah, and the slaughterer must be a man of sound mind, if there is none, then a woman, and if there is no woman, then a child.

When slaughtering or launching hunting gear, even when hunting sea fish, it is recommended to recite Bismillahirrahmanirrahim and Allahumma shalli ‘ala Sayyidina Muhammad.

There are two conditions for a slaughtered animal that is not sick:

1. The animal still had Hayat Mustaqirrah at the beginning of the slaughter, even if it was only estimated based on signs such as loud movements after the slaughter and blood flowing or gushing out. According to the correct view, these signs do not have to be gathered together, but one is sufficient (and these signs do not have to be believed, but only estimated).

If the existence of Hayat Mustaqirrah is still in doubt, then the animal becomes haram.

If an animal is wounded by falling on a sword or being bitten by a cat, and there is still life in it, then he slaughters it, then it is permissible, even if it is certain that it will die soon (because of the wound and so on).

If there is no Hayat Mustaqirrah in the animal mentioned above, then it is not permissible. This is the case with the following issue: When the knife is removed, even if it is for an excuse, then it is put back and the remaining parts that must be cut off (hulqum and mari’) that have not been cut off, where the animal has reached the stage of madzbuh (the animal that has been slaughtered).

Our teacher said in Sharhil Minhaj: The discussion of some of the scholars is that if the slaughterer raises the knife because the animal is moving around, then he immediately puts the knife back and continues slaughtering, then the animal is permissible.

With regard to the statement of some of the scholars: “If the slaughterer removes the knife and then puts it back, the animal is not permissible,” this refers to putting the knife back into an animal that no longer has any life left in it, or not putting it back immediately. This is corroborated by the fatwa of more than one person, who said that if the knife that the slaughterer was holding comes off and he puts it back immediately, the animal is permissible. Done.

If, because of sickness, the animal has reached the point of death, even if the sickness was caused by eating harmful food, then it is sufficient to slaughter it at the end of the exit of the remnants of the spirit (so it is not essential that there should be hayat al-Maqirrah at the beginning of the slaughter): If the animal is not found to have any cause of distress, such as a wound or otherwise.

If there is a cause of death, such as the animal eating vegetation that could lead to its death, then it is stipulated that there was hayat mustaqirrah at the beginning of the slaughter, even if it is assumed that after it was slaughtered there were signs of hayat mustaqirrah as mentioned above.

Benefits:

If a person slaughters an animal in worship of Allah, with the aim of warding off the evil eye, then it is not haraam, or if it is intended for the evil eye, then it is haraam, and the meat that is slaughtered is regarded as dead meat.

2. The animal that is slaughtered is an animal that is lawful to eat.

The land animals are: Camels, oxen, goats (Al-An’am/cattle), horses, wild cattle, wild himar, deer, a kind of wolf (but its fangs are not so strong, so it is considered to have no fangs -pen), monitor lizards, rabbits, deer, squirrels and every kind of grain-eating bird.

What is not lawful: Lions, monkeys, eagles (a type of bird with strong hooves), peacocks, calicoes, owls, menco (a bird with a beautiful voice and color), black and gray crows: this is different from the opinion of some scholars regarding gray crows.

It is makrooh for a bird to eat unclean dung, even if it is not a livestock, if it still smells unclean, such as a chicken.

It is permissible to eat the eggs of an animal that is not permissible to eat its meat, contrary to the opinion of a group of scholars.

Sea animals that are forbidden to eat: Frogs, crocodiles, turtles and crabs. According to the opinion of Al-Ashah, crabs and conchs are not forbidden to eat.

Imam An-Nawawi said in al-Majmu’: The correct and most correct view is that all dead sea animals are permissible except frogs. This view is corroborated by Imam Ibn Shalah’s narration from Ashhabul Wujuh that all sea animals are permissible except frogs.

It is permissible to eat the carcasses of locusts and fish, unless they have rotted in the stomach of another animal. Even if the fish is in the form of a dog or pig. It is Sunnah to slaughter grasshoppers and fish that are large and long-lived.

It is makrooh to slaughter grasshoppers or small fish, to eat fried fish whose excrement has not been cleaned: to eat fish or meat that has rotted: and to fry fish while it is alive.

It is permissible to eat the caterpillars of fruits, whether they are alive or dead, provided that they are not separated from the fruits. If they are separated, then it is not permissible, even if they are eaten together.

It is not permissible to eat the ants that are in the samin porridge, because they are not born from confiscation, according to the view expressed by Imam Kamalur Radad, unlike the view of some of our Ashhabul Wujuh (from among the Shaafa’is).

It is haraam to eat hard things that harm the body and mind, such as stones, dust and poison, even if it is a little. If a little does not harm him, then it is not harara. It is also haraam to eat anything that intoxicates, such as opium in large quantities, hashish and amethyst.

Benefits:

The most important occupations are in the following order: Agriculture, industry, then trade. Some scholars say that the most important is trade.

It is not permissible to deal with a person whose wealth is mostly haraam, and it is not permissible to eat from it, according to the view that has been validated by Imam Nawawi in al-Majmu’. He denied Imam al-Ghazali’s opinion that it is haraam, but in Sharh Muslim he follows Imam al-Ghazali’s opinion.

If the prohibition has become widespread, then it is permissible to use the haraam goods only as much as one needs, not more than one needs. This is so if the owner of the goods is known, otherwise they become the property of the Baytullah, and it is permissible to take the rightful amount from them, according to what our teacher said.

Branch: About Nazar

We have mentioned the obligations of the believer with regard to vows: According to the consensus of Imam Rafi’i and Nawawi, vows are an act of worship. This view is held by most of the scholars, and some of them reinforced it and said: “The ruling on it is Sunnah, according to what is stated in the Qur’an, Hadith, consensus and scholarly opinion”.

It is said that the ruling on vows is makrooh, because there is evidence that it is prohibited. Most of the scholars attributed this prohibition to the Lajaj vow, because it is a vow in which the performance of an act of worship is conditional on doing or leaving something, for example: If I enter the house or do not leave it, then I have to fast or give charity for the sake of Allah: In this case, the person who has vowed to enter or leave the house is allowed to choose between doing what he has vowed to do or paying expiation for the vow; he is not obliged to do what he has vowed to do, even if it is Hajj.

The definition of “branch” is the part that is included in the broad origin of the problem.

Nazar is: The stipulation of performing an act of worship that is not fardu ain, whether it is a sunnah or fardu kifayah by a Muslim who is Rashid (clever).

For example: Repeating the Witr prayer, visiting the sick, visiting the grave for a man, or marriage if it comes under the ruling of Sunnah – contrary to the view of some scholars – fasting on the days of Bidh and Senen, if these days coincide with the days of Tasyrig, menstruation, postpartum bleeding, or sickness, then it is not obligatory to make them up: Or like praying the funeral prayer and taking care of the dead.

If a person vows to fast on a certain day (such as Thursday or Saturday), then he should not fast on the day before that, and if he does that, then he is sinning, just as is the case with delaying the prayer before its time. It is also not permissible to fast on a later day, as is the case with delaying the prayer without an excuse. If he fasts on a later day, then it is valid as an expiation.

If he vowed to fast on a Thursday that is not specified, then it is valid if he fasts on any Thursday.If he vows to fast on a Thursday that is not specified, then it is valid if he does it on any Thursday. If he vows to pray a prayer for which there are no specified rak’ahs, then he must do two rak’ahs standing for those who are able to do so. If he vows to fast, then he must fast one day: if he vows to fast several days, then he must fast three days. If he vows to give charity, then he must give something of value in charity and give it to a free poor person, if he does not specify the person to whom he is giving it, or to a local resident, if he has specified the person to whom he is giving it, then it must be given to him. If he has specified the person to whom he is giving it, then it must be given to that person.

If he vows to fast or pray in a certain place, he does not have to do it there; if he vows to give charity in a certain period, he does not have to do it in that period.

Excluded from the definition of “mukalaf Muslims” are disbelievers, children and the insane: Therefore, their vows are not valid, just like the vows of the ignorant. Some say that the vow of a disbeliever is valid.

Not included in the definition of “acts of worship” are acts of disobedience, such as fasting on the day of Tashreeq or praying for no reason at a makrooh time: Hence, vows for these two things are not valid.

This includes sinful acts, which are makrooh, such as praying on graves and special vows for one of the parents or their children.

The same applies to permissible actions, for example: “I vow to eat or sleep for the sake of Allah,” even if it is to strengthen or encourage acts of worship. Al-Ashah is of the view that with regard to permissible vows (if they are not fulfilled), they do not have to be expiated.

Not included in the definition of “acts of worship that are not fard (obligatory)” are acts of worship that are fard (obligatory), such as praying the maktubah prayer, paying 2.5% of one’s wealth in trade or avoiding things that are forbidden.

The vow of a mature person is valid if it is made using the words of a perpetual vow, such as: He vowed to do an act of worship that is not dependent on time. This kind of vow is called the Tabarrur vow.

For example: “I am obliged to pray, fast, do nusuk, give charity, recite Qur’an, or do iktikaf for the sake of Allah”. Or “I make this vow”, even without mentioning the name of Allah, according to the most correct view, which is disputed by many scholars, as explained by al-Baghawi and others.

Or it may be valid to make a vow that is dependent on it, and this vow is called a “Mujazah” vow. It means that he has vowed to perform an act of worship in return for a pleasure that he enjoys or a calamity that he has avoided.

For example: “If Allah cures this illness of ours or saves us, then we are obliged to do this …” “…, then we resolve to do this” or “…, then we are obliged to do this”.

It is not stipulated that “by recitation” means by intention, so the mere fact that there is an intention does not make the vow valid, as is the case with other types of contracts. Some say that a vow is valid only if there is an intention.

With regard to the Tabarrur vow, the one who made the vow must do it immediately, and he is obliged to do what he has already done with the Mujazah vow. According to the scholarly view, the one who made the vow is obliged to do what he has promised to do immediately, after the thing that he has vowed to do has happened, as is the view of Ibn ‘Abdis Salam.

With regard to the validity of the two vows mentioned above, it is not stipulated that the Mandzur Lah (the one who accepted the vow) should accept it, but it is stipulated that there should be no refusal.

The ruling on the validity of the vow is that it frees the debtor’s dependents, even if the amount of the dependents is not known: Therefore, the debt becomes free immediately, even if the debtor does not accept, contrary to the view of al-Jalal al-Bulqini.

If a person, before the illness that led to his death, made a vow to give his wealth to someone other than one of his parents and children, then the one who received it (mandzus lah) owns all of the wealth that he made a vow on, without being joined by his heirs, because the property of the nadzir (the person who made the vow) has been lost (vowing to one of the parents and children is not valid).

It is not permissible for parents to revoke a vow made to one of their children (according to what Shaykh Sayid Bakri said in I’anah: the correct wording should be discarded, because it contradicts the wording above it).

A vow such as: “If I become sick, I will give this item as a vow to him one day before I become sick,” is valid as a mu’allaq vow.

It is permissible for the nadzir to use the property that he has vowed before hanging on to it in his vow.)

The words: “If I achieve this, then I will come to you with this,” is not regarded as a vow, so long as it is not accompanied by words to that effect.

A group of scholars issued a fatwa saying that if two people want to buy and sell, agree to make a vow to each other, and then do that, it is valid, even if the one who made the vow adds: “If you make a vow to me for your merchandise”. This is how things are usually done with goods that are not valid for sale, but are valid if they are vowed.

It is valid to release the dependents of the person who made a vow by Mandzur Lah.

Al-Qadhi Husen said: It is not stipulated that the person making the vow should know the Mandzur Bih (the thing that is being vowed), such as 20% of the crop of grain on which zakaah is due on 1/10 or 1/20, all the children that will be born to this slave of mine or the fruits of this tree of mine. He also mentioned that the 20% that is in deed is not subject to zakaah. Other scholars said that zakaah is not due if it is declared before it is full.

It is permissible to make a vow, and it is also permissible to make a will for the unborn child, and it is even more permissible to make a vow.

It is not valid to make a vow on a dead body, unless it is on the grave of Master So-and-so… and the vow is intended for worship there, such as lighting a lamp that can be used, or it is customary to spend the Mandzur (votive item) on the grave (e.g. repairing it), then it should be directed there.

It happens to some ordinary people that they say: “I make this item for the Prophet”, this is valid as a vow, as discussed, because according to custom it is a vow, then the item must be used for the benefit of the Prophet’s grave chamber.

Imam Subki said: What is closer to the truth, in my opinion, is that if a person spends his wealth as a vow for the chamber or tomb of the Prophet or the three mosques (the Grand Mosque, the Prophet’s House, and the Aqsa Mosque), and the custom dictates that it should be spent for the benefit of these places, then it should be spent specifically on them. Done.

Our teacher said: If the urf does not specify anything, then the most correct view is that it should be left to the opinion of the administrator of the place.

His teacher said: Obviously, this is the ruling on the use of votive goods in other mosques. Done.

Some scholars issued a fatwa concerning the words: “If it pleases Allah to fulfill my wish, then I am obliged to give something to the Ka’bah”, then the item that was vowed must be spent on the benefit of the Ka’bah, and not on the poor of the Haram, according to the explanation in al-Muhadzdzab and what has been explained by a group of scholars.

If a person donates something to the Ka’bah and he specifies that it should be spent on a particular act of worship, such as lighting the lamp, then it must be spent on that, if it is still needed: If there is no need for it, then it should be sold and the money used for the benefit of the Ka’bah, as explained by our teacher (Ibn Hajar al-Haitami).

If you make a vow to light candles or olive oil in the mosque, it is valid if there is someone who uses them, even if it is rare: Otherwise it is not valid.

If the vow is to give an item that can be moved to Makkah, then he must take it there, and give it in charity to the poor of the Haram, so long as he does not specify another act of worship, such as honoring the Ka’bah: If he decides to honor the Ka’bah, he must give it in charity.

The cost of transporting the gift that is designated for the Haram is the responsibility of the person who made the vow: If he is a poor person, then part of the item is sold to move it, If the item is difficult for him to move, such as a yard or millstone, then it must be sold, even without the permission of the judge, and the money is moved (brought) there and distributed to the poor of the Haram Land.

Is it permissible for the one who has made a vow to buy it or not? There are two opinions here.

If he vowed to pray or do iktikaf in one of the three mosques (Masjid al-Haram, Nabawi and Aqsa), then it is sufficient if he does so in one of them.

It is not sufficient to pray one thousand times in another mosque (Masjid Nabawi) in place of one prayer recited in Madinah, and vice versa. Similarly, it is not sufficient to recite Sūrat al-Ikhlas in place of one-third of the Qur’an that was recited.

Whoever vows to go to and pray in mosques other than the three mentioned above, then it is sufficient to pray anywhere, even in his house.

If he vowed to give one dirham in charity, then it is not sufficient to give any other kind of money, and if he vowed to give a certain amount of money in charity, then that money is taken away from him.

If he says: “I have to give 20 dirhams in charity to so-and-so” or “If my sickness is cured, then I have to give 20 dinars in charity to so-and-so”, then so-and-so is entitled to it, even if he has not received it and has not accepted it. As for the zakaah period, it starts from the time when the vow was made.

Similarly, if he does not specify which dinar it is and it turns out that the Mandzur Lah (the one who received the vow) does not reject it, then the dinar becomes a receivable on behalf of the nadzir, and the rulings relating to zakaah and so on apply to that receivable.

If the dinar specified is damaged, if the damage is not due to the negligence of the administrator, then he is not obliged to pay for it, according to our teacher’s explanation.

If a person vows to build a mosque in a certain place, it is not permissible for him to build another mosque in its place or to build it in a place that he has not specified.

Just as it is not permissible for him to give in charity silver dirhams, it is not permissible for him to give in charity dinars instead, because of the difference in intention.

Enhancements:

A group of scholars from our teachers differed concerning the validity of the debtor’s vow to give certain assets to his creditor, so long as the debt is still owed to him.

Some of them said: The vow is not valid, because this particular direction (i.e., in return for the debt, so long as the debt is still owed) is not an act of worship (even though the condition of the vow is that it must be a sacrifice or act of worship), but rather the vow taker is using it as an intermediary in the direction of riba nasiah.

Others said: The vow is still valid, because it is a reward for the benefit of the debt if the property is traded, or it is a reward for avoiding the disaster of collection, if it turns out that the debt still needs to be extended in his favor, because the vowe is still poor or for maintenance, and it is also customary for the debtor to increase the amount of repayment. Therefore, if he increases the amount by making a vow, then the ruling becomes obligatory, not Sunnah. With this special way, what the debtor agrees to do by way of a vow is a reward for services, not a bridge to usury, because usury only occurs in a contract, such as buying and selling.

Based on that, if the vow is stipulated in the debt contract, then it becomes riba. The teacher of our teachers, Al’Allamah al-Muhaqqiq at-Thanbadawi, said: With regard to if the debtor makes a vow to the creditor to give him the benefit of the land that is mortgaged to him, so long as the debt is still owed by the debtor, what I know from the scholars of Ashhabuna Mutaakhirin Yemen is that this vow is clearly valid.

Among the scholars who issued such fatwas were Shaykh al-Islam Muhammad ibn Husen al-Qammath and al-Husen ibn Abdur Rahman al-Ahdal.

بَابُ الْبَيْعِ

SELLING CHAPTER

Bai’ (buying and selling) means “exchanging something for something else” according to the language, while according to sharee’ah it means “exchanging something for something else in a certain way (the terms of which will be discussed later).”

The legal basis for buying and selling before consensus is the verses of the Qur’an, such as the words of Allah, the Almighty, which means: “… and Allah has justified buying and selling and forbidden usury” (Q.S. 2, Al-Baqarah: 274), and some of the Prophet’s traditions which mean: “The Prophet was asked: “Which work is better?”, he replied: “The work of one’s own hands and every clean trade”: That is, a trade that is devoid of deception and betrayal.

A sale is valid with the seller’s Ijab (declaration of sale), even if it is in jest. Ijab are words that indicate clear ownership, for example, “I sell this item to you for so much …”, “This item is for you for so much …”, or “I give this item to you for so much ….”. The same applies to the words: “I give this item to you for such and such a price …”: if the intention is to buy and sell.

The Qabul (declaration of purchase) of the buyer, even if it is in jest. Qabul are words that indicate acceptance of ownership in a clear manner, for example, “I buy this item for so much …”, or “I accept/agree/own this item for so much ….”.

Ijab-Qabul (transaction) is held like that, so that the shighat (form of transaction) is perfect, which is a condition shown by the Prophet’s words…: “Sale and purchase is valid only with mutual consent”: whereas consent is something that is not apparent, so it is measured by verbal evidence.

Therefore, the sale is not considered valid with the handover (without shighat or Ijab-Qabul), but (AnNawawi) chose the ruling of “already valid” on the handover (mu’athah) of any item that according to urf (custom) is already recognized as a sale, such as bread and meat (trivial items), not items such as animals and earth (valuable).

Therefore, according to the first opinion (considering it not valid): Goods that have been received by way of Mu’athah have the same legal status in this world as goods received from an invalid sale and purchase transaction, whereas in the Hereafter there is no claim to the goods received by way of Mu’athah (because both parties have consented to each other, but in the matter of the transaction that was carried out there is still a ‘uqubah -pen).

The scholarly disagreement on Mu’athah (handing over) also applies to other property transactions. Description of Mu’athah. Both parties, the seller and the buyer, agree on the price and the goods (and then they hand them over to each other), even if there is no statement from either of them.

If a third person says to the seller, “Are you selling?” to which he replies “Yes!” or “‘Yes'”: and he says again to the buyer, “Are you buying?” to which he replies “Yes!” then the sale is valid.

It is also valid for the seller and buyer to answer “yes” to the buyer’s question, “Are you selling?”, and the seller’s question, “Are you buying?”

If the ijab or qabul coincides with the letter Istigbal (indicating the future), for example “I will sell to you”, then the sale is not valid.

Our teacher said: What is born is an understandable layman’s mistake such as reading fathah in ta’ mutakallim.

Terms of Ijab and Qabul

As for the condition that it be valid, it should not be separated by a long period of silence: it is different if it is only for a moment.

It should not be interrupted by words other than the contract, even if they are only a few, such as words that have nothing to do with the form of the transaction (contract), and are not in its best interests.

It is also required that the two meanings be compatible, not necessarily in their wording. Therefore, if the seller says, “I sell you this item for one thousand,” and the buyer adds or subtracts from that price, or if the seller says, “I sell it to you for one thousand in cash,” and the buyer adds or subtracts from that price, or if the seller says, “… for one month,” and the buyer extends that period, then this sale is not valid, because there is a conflict of meaning.

Ijab and qabul must be independent. Therefore, if the sale and purchase contract is dependent on something, it is not valid. For example: If my father dies, then I will sell this item to you.

It is also not time-limited, for example, “I sell to you for one month.”

Seller and Buyer Terms

It is required for both the seller and the buyer, namely:

Mukalaf: Therefore, the sale contract of a minor, a lunatic or a person under duress should not be valid, because there is no voluntariness on the part of the latter.

Islam for the ownership (in buying) of a Muslim slave who is then not freed by the buyer.

Similarly, the Islam of the buyer of an apostate slave is stipulated according to Al-Muktamad. However, according to Ar-Raudhah and Ashlur Raudhah: Selling an apostate slave to a disbelieving buyer is valid (daif opinion).

It also requires the Islam of the buyer of the Mushaf, i.e. something that has the Qur’an written on it, even if it is only one verse and it is not written for study, as our Master said.

It is also stipulated that there is no hostility for the purchaser of war equipment, such as spears, arrows, shields, armor and war horses.

This is not the case with other means of war, even if they can be made for that purpose, such as iron, because iron is not necessarily used for war.

It is permissible to sell tools of war to kafir Dzimmi who are in our territory, the Muslims.

The condition of Ma’qud ‘Alaih, whether it is goods or currency:

The goods belong to the seller and the money (the thing used for the price) belongs to the buyer. Hence, a fudhuli sale is not valid (the seller and buyer have no rights over the ma’qud alaih).

It is permissible to sell property that clearly belongs to someone else, then after the sale it turns out that it belongs to him, such as selling the property of the Muwarrith (the person to whom the inheritance is entrusted) thinking that he is still alive and it turns out that he died before the sale of the property. This is because the property already belonged to him, because a mistaken assumption when the truth becomes apparent does not affect the contract, because the basis of the contract is the reality of the matter, not the assumption of the person.

Benefits:

If, through permissible means (such as buying and selling and grants), a person acquires something belonging to another person that he thinks is permissible but is actually haraam (e.g. stolen goods), then if outwardly the person who received the goods (e.g. the seller) is a good person, then he will not be prosecuted in the Hereafter; if outwardly he is a bad person, then the recipient of the goods will be prosecuted in the Hereafter. This is the commentary of Al-Baghawi.

If a person buys food by check, and it is paid for with haraam money, then if the seller gives the food to the buyer voluntarily before the check is paid, then it is permissible for the buyer to eat it. If he gives the food to the buyer after the check is paid and he knows that the money with which the check was paid is haraam, then it is also permissible for the buyer to eat the food. If the seller does not know that the money with which the check was paid is haraam, then it is prohibited for the buyer to eat it until the seller waives the check or he pays it out of halaal money. This is the comment of our teacher.

The purity of the Ma’qud Alaih or the fact that it can be purified by washing. Therefore, it is not valid to sell unclean goods such as alcohol and carcass skins, even if they can be purified by turning them into vinegar or tanning them.

It is also invalid to sell something that is impure and cannot be purified, even if it is oil that is impure, but if you give it away, it is valid.

The sight of Ma’qud Alaih, if it is a direct sale of goods (mu’ayyan, not a message). Hence, it is not valid to sell Mu’ayyan goods where the seller and buyer do not see them, just as it is not valid to mortgage or rent them, because of the element of deception involved, which is forbidden in Islam, even if the characteristics of the goods are stated in detail.

It is sufficient to see the ma’gud alaih before the transaction, if the goods do not normally change until the time of the transaction.

Seeing a part of the item being sold is sufficient, if it can be shown that the others are also like that, for example, the outside of a heap such as wheat, the surface of a liquid and examples of items that are equal in parts, such as grains.

Or the part that is seen may not be indicative of the other parts, but it serves to preserve the other parts: for example, the skin of a pomegranate, the shell of an egg and the fibers of a coconut, so it is sufficient to see the skin, even if the sight of the skin may not be indicative of the other parts, because the good of the inside is preserved by the integrity of the outside.

But it’s not enough to just look at the outer skin, if the inner skin is hardened.

Ma’qud alaih is in a condition where it can be transferred. Therefore, it is not valid to sell a runaway slave, lost goods and seized goods, where the seller or buyer is unable to retrieve them. Likewise, it is not valid to sell fish in a pond where it is difficult to catch them.

Important:

If a person disposes of someone else’s wealth by way of sale or otherwise, thinking that he is being unjust, then it turns out that he has control over that wealth, such as the wealth of someone who left it to him and died (before he disposed of it) or the wealth of someone else who apparently gave him permission: Or he thought that the deed he was doing was not fulfilling the conditions, but it turns out that they were fulfilled, so his deed is valid, because the basis of the contract is the fact that it happened.

The measure in acts of worship is the reality of the situation and the mukalaf’s prejudice. Therefore, if a person performs ablution and does not think that the water he uses is absolute water, then his ablution is not valid, even if it turns out that the water is absolute water, because the field (measure) in matters of worship is in the prejudice of the believer.

When we say “by means of buying and selling and so on”, we mean marriage, waiving debts and so on. Hence if a person waives a right over another person, thinking that he is not authorized to do so, and it turns out that he is authorized to do so, then it is valid, according to the correct view.

If a man marries a woman for whom he has doubts about her guardianship, and it turns out that he has guardianship over her, then his marriage is valid, because what counts is the fact of the matter.

Conditions of Sale and Purchase of Ribawi Goods:

Ribawi goods are limited to two things: 1. Food, such as wheat kernels, grains, dates, grapes, salt, rice, corn, and ful: 2. Gold-silver, even if it has not been minted, such as jewelry that is still intact. Two kinds of ribawi goods are sold (exchanged) for the same kind, for example wheat for wheat and gold for gold.

(Required): 1. Cash.

2. Acceptance before separation. If the seller and buyer partially hand over, then only that part is valid.

3. The quantities of the goods being exchanged are equal in quantity with certainty, in measures for measured goods and in scales for weighed goods.

This is based on the Prophet’s words: “Do not sell gold for gold, silver for silver, wheat for wheat, sha’ir for sha’ir, dates for dates, salt for salt, unless they are equal, in cash and upon delivery. And if any of these are sold for ribawi that are not equal, then sell them as you wish, as long as you give them up.”

Ar-Rafi’i (may Allah have mercy on him) said: In order to be able to give it up in this case, it must be kootan in general.

Therefore, it is not valid to buy and sell ribawi goods of the same kind by wholesale or by assuming that the quantities are the same, even if they turn out to be the same. In the case of buying and selling ribawi goods that are not of the same kind, such as white wheat for red wheat or gold for silver, it is required:

1. cash, and 2. handover, not necessarily the same amount. Hence, the sale and purchase of ribawi goods that are not of the same type is void if they are not handed over at the time of the contract.

The scholars are unanimously agreed that this is one of the major sins, because of the curse that is pronounced on the eater of usury, its giver and its writer.

From the above, it can be seen that if food is sold for other things, such as gold and silver or clothing, or other than food is sold for food, then these three conditions are not required.

Terms of Salam (message), namely: Buying and selling goods that are still under obligation by labeling the goods, in addition to the conditions of sale and purchase mentioned above in addition to ma’qud alaih must be visible.

Delivery or acceptance of the money (the price of the goods ordered) by being shown directly or still in his possession (dzimmah) while in the khiyar assembly: i.e. before parting from the place of transaction: even if the payment price (ra’sul mal) is in the form of a benefit (service).

The muslam ilaih (the person being ordered) can accept the ra’sul mal by itself (without any delivery from the Muslim) and return it to the Muslim (the orderer), even if it is on account of the muslam ilaih’s debt to the orderer.

It is required that the Muslam fih (the thing ordered) is a debt owed by the muslam ilaih – whether it will be given in cash or in installments – because of its condition as a debt, so this contract is called Salam (message).

Therefore, the statement “I order you with Rp 1,000 for the price of this existing item”, or “I order you with this money for this item”, cannot be called a Salam contract, because it does not fulfill the conditions of Salam (i.e. the existence of muslam fih must be a debt), nor is it a sale and purchase (bai), because the words mentioned are not a sale and purchase. If someone says: “I bought clothes from you of this nature for this dirham”, then he says: “I will sell it to you”, then according to An-Nawawi and al-Rafi’i it is a sale and purchase contract, because of the words that were spoken. Some say that it is a Salam contract, because of the meaning of the words. It is the latter view that is preferred by a number of Muhaqqiq scholars.

It is required that the muslam fih can be delivered at the time of delivery. Therefore, it is not valid to order goods that cannot be delivered at the time of delivery, such as ordering wet dates for the rainy season.

The muslam fih must be known by measure for what is measured, by scale for what is weighed, by length for what is lengthened and by number for what is spelled out.

It is valid to order such things as coconuts and almonds on a scale. Muslam fih that is measured with scales is ordered with a quantity that can be determined, and it is also valid to order muslam fih that is measured with scales.

It is not permissible to order single eggs and the like, as the validity requires the shape and weight of the egg to be described, which is rarely possible.

It is also required that the place of delivery of the ordered goods be specified, if the salam transaction takes place in a place where delivery of the goods is not feasible (e.g. in the middle of the sea) or where it would cost money to bring the goods.

If the customer obtains the goods he ordered from the muslam ilaih at a place other than the place of delivery after the time for delivery has come, and it costs money to bring the goods from the place of delivery to the place where he obtained them (and the customer does not want to bear this cost), then the muslam ilaih is not obliged to deliver them and cannot be sued for the price of the muslam fih.

The salam is valid in cash and in installments over a certain period of time – not an indefinite period. Salam that is stated absolutely, means cash. The mention of muslam fih in absolute terms indicates a good item.

Usury – just mentioned above – is haraam. Usury is of various kinds:

Fadhl Riba: That is the difference in goods in one of the exchanges of two goods of the same type. Included in this type is Riba Qardh. That is, if the debt requires a benefit that returns to the lender (debtor).

Yad usury: This is when one of the seller and buyer part ways from the contract before the handover.

Riba Nasa’: That is if there is a delay in the delivery of two goods (ma’gud alaih) in exchange (sale and purchase).

The invalidity of all of the above forms of riba is well-established.

If the ribawi goods being traded are of the same type, then the three conditions above are required (e.g. gold for gold and silver for silver): If they are not of the same type, but there is still an implication of riba – i.e. the type of food and gold/silver (e.g. rice in exchange for gold/silver), then the above two conditions must be fulfilled.

Our teacher Ibn Ziyad said: The one who gives riba al-fadhl out of necessity, i.e. if he does not give riba, he will not get a loan, is still not free from sin, because he still has a way of giving more, namely by means of a vow or tamlik (simply giving). This is especially so if we are of the view that the vow does not need to be accepted by speech, and this is the view of the majority.

Our teacher (Ibn Hajar) is of the view that: The sin of the person above can be waived because of the emergency.

Benefits:

The way to avoid riba on the part of those who sell gold for gold, silver for silver, wheat for wheat, or rice for rice, in exchange for unequal amounts, is for them to give each other their rights or give each other a loan, and then release each other.

The way to avoid the riba-based contract of selling silver for gold or rice for wheat without handing over the goods before leaving the place of the contract, is to lend them to each other.

It is haraam to separate a slave girl – even if she is willing or a disbeliever – from her children who have not yet reached puberty, even if they were born as a result of adultery, in which case the mother and children belong to one person. It is also forbidden to separate a slave girl, even if she is willing, or a disbeliever, from her children who are not yet enlightened, even if they are born of adultery, in which case the mother and children belong to one person.

According to a hadith: “Whoever separates a mother from her child, Allah will separate him from his beloved on the Day of Judgment.”

Agreements relating to usury and mother-child separation are void.

Al-Ghazali in some of his fatwas, which are recognized by others, said that the ruling on separation by being sent away is the same as separation by being sold. He also applies this haraam ruling to the separation of a wife from her child, even if she is a free woman. This is the case if the wife is divorced. The father and grandmother, even if they are from the father’s side, are the same as the mother, if the mother is not present.

But if the child has reached the age of puberty, then it is not haraam to separate him, because he no longer needs care, just as it is not haraam to separate him by will, emancipation or mortgage.

It is permissible to separate a young animal from its mother if the young animal no longer needs its mother because it has milk and so on, but it is makrooh if the animal is still suckling, just as it is makrooh for a human child who has reached puberty but has not yet reached puberty from its mother.

If the calf has not had enough of other milk, then the ruling on separating it is haraam, and the contract relating to tafrig (separation, such as sale) is void, unless the tafrig is due to slaughter. But As-Subki said that slaughtering a mother animal whose young are still alive is haraam.

It is also haraam to sell grapes to someone who is believed or expected to make an intoxicating drink, or to sell a minor slave to someone who is known to be a prostitute, or to sell roosters for slaughter, or goats for fighting, or to sell silk to a man for his own use.

The same applies to selling myrrh to a disbeliever who buys it to anoint idols, or selling an animal to a disbeliever who believes that he will eat it without cutting it, because according to the view of al-Ashah, the disbelievers are subject to the khitab on the branches of sharee’ah just like the Muslims. This is the view of al-Ashah in our Shafi’i school, and it is different from the view of Abu Haneefah, who said that the disbelievers are not subject to the khitab on the furu’usy of sharee’ah. Hence it is not permissible to help them with the process of oiling idols and eating uncut animal meat.

It is also haraam to do any kind of business that leads to sin, whether it is certain or assumed.

In the haram situation described above, the sale is still valid.

It is makrooh to sell any of the things mentioned above (wine and so on) to someone who is suspected of going in that direction. It is makrooh to sell weapons to rebels and bandits, and it is makrooh to deal with someone whose wealth is mixed with haraam, even if there is more of the haraam than of the halaal.

If it is known that the item being dealt with is part of something haraam, then the ruling on the transaction is haraam and the contract is invalid.

It is haraam to hoard basic foodstuffs, such as dates and grapes, and any foodstuffs that are sufficient for zakaat al-fitr.

Ihtikar (hoarding) is the withholding of foodstuffs from purchase when prices are high – not when prices are low – in order to resell them at a higher price when the local population or other people are in need, even if the purchase is not for the purpose of selling at a higher price.

Ihtikar does not include holding back basic foodstuffs for one’s own use or that of one’s family, or to sell them at a price commensurate with the purchase price. It is also excluded if what is being withheld is the produce of one’s own crops.

Al-Ghazali equated basic foodstuffs with all the supporting foods, such as meat. Al-Qadhi Husayn explained the makrooh ruling on hoarding clothes.

It is haraam to bid on an item that someone else has already bid on after the price has been set, even if it is considered unreasonable to bid below the value of the item, because there is evidence against doing so.

That is, by increasing the bid price of another person (the first bidder who has already agreed on the price), giving the goods to the buyer at a lower price than the price of the first seller’s goods, or influencing the owner of the goods (buyer) to withdraw the goods and he will buy them at a higher price.

The prohibition is even greater if it is done after the sale and purchase contract has been concluded, because there is still khiyar.

It is forbidden to do Najsh, because there is evidence that it is forbidden and it is hurtful to the buyer.

This is adding to the price of an item not to buy it, but to persuade others to buy it, even if the addition is on mahjur ‘alaih property, if it is done when the price of the item is below the general standard, according to al-Aujah.

The buyer does not have the right to khiyar if he is deceived in this way, even if the seller has made an agreement with the najisy (broker), because the buyer is rash, so he does not want to think and ask questions.

Praising goods by lying, so that the buyer will like them, is the same ruling as making a banjet (najsh/calo).

All of these things (ihtikar, bidding on other people’s offers and so on) are haraam if one does them after understanding the rulings on them, up to the case of najsh: They are haraam, if done after understanding the ruling against them, up to the point of najsh. In this haraam situation, the sale contract is still valid.

ARTICLE: ABOUT KHIYAR MAJELIS, CONDITIONS AND DISGRACE

Khiyar Majelis (the right to choose whether or not to proceed with the sale while still in the contracting assembly) applies to all transactions, including the sale of riba-based goods and salam (message). The same applies to grants in return, according to the view of Al-Muktamad.

The words “in all transactions” are meant to exclude transactions other than buying and selling, such as ibra’ (waiving a debt), unrewarded grants, partnerships, qiradh, rahn (pledge), hiwalah, kitabah and ijarah, even if the debt is still owed or is fixed in time. Hence there is no khiyar in any of them, because these contracts are not called sale and purchase.

The khiyar of the one who chooses to make the sale, whether he is the seller or the buyer, is over, for example if they both say: “Let us make our sale”, or “Let us continue with our sale contract”, then their khiyar has expired.

Or it may be that the khiyar of one of them has expired, for example if one of the sellers/buyers says “I choose to make our contract”, then his khiyar has expired, but the other party’s khiyar is still valid, even if he is a buyer.

The khiyar of both parties ends when either they or one of them separates according to the general judgment from the contracting party, even if they forget or know the ruling.

Based on that, what is regarded as separation by the people is the contract, and what is not regarded as separation is not.

If the seller or buyer is in a small room, it is considered that they have separated, if one of them goes out of it. If they are in a large room, it is considered that they have separated, if one of them moves to another room. If they are in a free courtyard or marketplace, one of them turns away and walks a little, even if he is still listening to his companion.

The khiyar of the assembly remains so long as they have not separated, even if they have been living in the same place for a long time, even if they have been traveling here and there for years.

The khiyar has not expired because one of the sellers or buyers dies, but the right of khiyar passes to the heirs who are skilled.

The one who says that they did not separate or that the contract was not broken before they separated is the one who takes the oath. In the case of two parties coming together to complain (to the court), one claiming to have separated (before they came to the court) and the other denying it with the intention of making the contract void, or both agreeing to separate (furqah), (but) one claiming that the contract was void before they separated, and the other denying it: in both cases the one who denies it is justified, because his denial matches the original (no furqah and no fasakh).

It is permissible for the seller and the buyer, or either of them, to make a conditional ctiyar in all cases of sale and purchase in which there is a ctiyar of assembly, except in the case of sale and purchase of something that is to be emancipated (e.g. buying a slave in the form of a father or son): the buyer cannot make a conditional ctiyar, because there would be a conflict between the ctiyar and emancipation.

This is the case with the sale of riba-based goods and the salam (message). In these cases, it is not permissible to stipulate khuyas for one of the parties, because in these cases it is stipulated that the ma’qud alaih be accepted at the time of the contract.

The maximum length of khiyar is three days from the time the condition is stipulated, whether it is stipulated in the contract or at the time of the contract. But if the condition is absolute, or it extends beyond three days, then the contract is invalid. The ownership of the sale item and its benefits at the time of the khiyar rests with the party who still has the khiyar, whether it is the seller or the buyer. If the khiyar belongs to both of them, then the status of the sale item is mauquf (void): If the sale is consummated, then the goods belong to the buyer from the moment of the transaction; if the sale is not consummated, then the goods still belong to the seller.

Fasakh (dissolution of the transaction) during the khiyar period can be accomplished by saying: “I break the sale,” as in: “I take back the goods I sold”. As for preserving the sale during the khiyar period, this can be done by saying: “I will preserve the sale”, as in “I will continue the sale”.

The use of the sale item by means of sexual intercourse, emancipation, sale, lease and marriage, if done by the seller during the khiyar period, invalidates the contract, whereas if done by the buyer, it is a continuation of the purchase contract.

For a buyer who does not know that there is a defect in the item that will reduce its value, he has the right to return the item (called Khiyar ‘Aib).

Similarly, the seller has the right to khiyar because there is an inherent defect in the goods for which payment is being made.

The scholars favored the former (khiyar aib for the buyer) in their discussion, because in general, the item for which payment is being made is better described and, therefore, has fewer defects.

An original defect is a defect that coincides with the contract or occurs before the goods are received and is still present before the conclusion of the contract. Therefore, if the defect occurs after the goods have been received, the buyer does not have the right to khiyar.

These defects include: Iistihadhah, a married female slave, or a male or female slave who has stolen, run away or committed adultery, even if not repeatedly and has repented, still likes to urinate in his bed, even though he is 7 years old, or his mouth (armpit) smells bad.

Including slave disabilities: Backbiting, swearing, lying, eating mud, drinking alcoholic beverages, failing to pray, being deaf, stupid, having club feet (Javanese: gathik), having one’s vagina covered with flesh, being pregnant for a slave girl – not for an animal -, not being able to menstruate even though she is 20 years old, or having large breasts.

Including defects: An animal that is difficult to ride (unruly), likes to bite or kick, a house that is occupied by soldiers or jinn that disturb the inhabitants, or the earth that has many monkeys that like to eat crops.

The khiyar aib is also the right of the purchaser, because it involves deception, and doing so is haraam because it causes uncertainty and harm. An example of this is tashriyah, which is allowing milk to settle in an animal’s milk bag for a period of time before the animal is sold, so that the buyer thinks that the animal has plenty of milk, or by curling the hair of a slave girl.

There is no khiyar aib because of one’s own loss: for example, the buyer mistook the glass for pearls, because of his own ignorance in acting according to his prejudice without examining it first.

Khiyar aib – even if it is because of tashriyah – must be executed immediately. Therefore, the khiyar right is nullified by delaying without an excuse.

This instant is measured according to customary judgment. Therefore, it does not matter if it is interrupted by praying and eating when it is time, relieving oneself, or the buyer’s greeting to the seller: It is different with their conversation. If the buyer says that there is a defect during the night, then it is permissible for him to delay returning the goods until the morning.

The buyer who delays returning the goods because he does not know that it is permissible to return them because of a defect is excused, if he is a new convert to Islam who has lived away from the scholars. He is also excused for not knowing that it is obligatory to return the goods immediately, if the matter is very complicated for him.

Then, if the seller is in the same area as the buyer, the buyer himself or his representative must return the defective item.

If the seller (representative) is not in the same area, then the buyer must report to the judge, he should not delay until the seller returns to his area.

If he is unable to refer the matter to the judge because he is sick, then he must testify to the invalidity of the contract. If he is unable to testify, then he does not have to say the words of annulment, but he does have to give up using the purchased item.

If he asks the purchased slave to serve him, even if he says “drink for me”, “get me some clothes” or “close the door”, then he cannot be said to have returned the slave by force, even if the slave does not carry out the order. If the slave does something without being told to do so, there is nothing wrong with that (it does not invalidate the buyer’s khiyar).

Branches:

If a person sells an animal or something else on the condition that he is free from any defects, or that the purchased item cannot be returned, then the contract is valid. Henceforth, the seller will be free of any mental defects in the animal that were present at the time of the contract, of which the buyer was unaware, but in the case of goods other than animals, the seller will not be free of any mental defects, nor will he be free of any physical defects.

If there is a dispute between the two parties as to whether the defect was there in the first place or whether it is recent, and it is possible for both parties to be correct, then the buyer is justified in swearing that the defect is recent, because the basis of a contract is its continuity. It is said: … because the basic principle of an item that is sold is that there is no defect when it is in the hands of the seller.

If there is a new defect without which the old defect would not have been noticed, then the buyer may return the item and ja is not liable for the new defect, for example: Broken eggs or coconuts and rotten watermelons.

When returning a purchased item because of a defect, the extras that are inseparable from the item must also be returned, such as the fatter it gets, the skills – even if they were educated at a cost – and the pregnancy that accompanied the sale contract.

Separate additions do not have to be returned, such as children, fruits or wombs that materialize while they belong to the buyer. These things become the property of the purchaser if the purchase is returned to the seller because of a defect.

ARTICLE: THE LAW OF SELLING GOODS BEFORE THEY ARE HANDED OVER TO THE BUYER

The goods sold before they are handed over to the buyer are the responsibility of the seller. This means that the contract is invalidated if the goods are damaged or destroyed by the seller, and the buyer has the right of khiyar if the goods are damaged by himself, the seller or someone else.

Therefore, if the goods are damaged by an event or by the seller, then the sale contract is damaged.

Destruction of the merchandise by the purchaser is acceptance of the merchandise, even if he did not know that it was a merchandise.

The act of selling, such as reselling, giving away, renting, pawning and loaning – even if it is done to the seller – where the goods have not yet been received by the buyer, invalidates the act.

Tasaruf over mabi’ is not invalidated by freeing, marrying or bequeathing it, because the Shari’ (Allah swt. or the Prophet) has a great desire for the validity of ‘itqu (freeing a slave) not based on the ability to deliver it: proof: Freeing a runaway slave is valid. By freeing it, the buyer is deemed to have accepted the mabi’ (the thing sold), but he is not deemed to have accepted it, if the tasaruf is to marry her,

Qabdh (acceptance) of the mabi’ in the form of an immovable object – be it a piece of land, a house or a tree – is by handing it over to the buyer: that is, the buyer invites the seller to take possession of it by giving him the keys and vacating the goods that do not belong to the buyer.

Qabdh for a movable mabi’ – whether it is a boat or an animal – is “by moving it from its place to another place, and emptying its contents, if the mabi’ is a boat.

Qabdh is also deemed to be realized by the seller placing the movable mabi’ in front of the buyer, so that his hand can reach it, if he reaches out for it, even if he says: “I do not want that thing”

For qabdh (taking or accepting) a mabi’ that is not at the place of the contract, a period of time must pass to reach the place of the mabi’ according to custom, in addition to the condition of obtaining permission from the seller.

The buyer may accept or take the mabi’ on his own, if the price of the mabi’ is paid in installments or in cash.

(It is permissible for the seller to ask for an exchange (isribdal) of the payment price in the form of gold-silver or other things in other than the sale of ribawi for ribawi of the same kind.

This is based on the hadith narrated by Ibn Umar r.a.: “I sold a camel for dinars, then I asked for dirhams in return. Another time I sold a camel for dirhams and asked for dinars in return. Then I came to the Messenger of Allah and asked him about it, and he replied: There is nothing wrong with that, so long as the two of you separate after the handover.”

Istibdal is also permissible for payment of debts, wages and marriages, but not for Muslam Fih, because its condition is not fixed.

If the seller asks for payment in exchange for a price that is of the same nature, such as asking for dirhams in exchange for dinars, then it is stipulated that the payment be accepted at the time of the contract, because of the fear of falling into riba. This is not stipulated if the payment is not of the same nature, such as if the food is to be exchanged for dirhams.

It is not permissible to substitute another type of muslam fih and mabi’ in a contract that is concluded with something other than the word salam (message), even if the two substitutions are of the same type, such as white wheat asking for a blackish one, because the mabi’ is stipulated that it cannot be sold until it is received, and even more so if it is still in the seller’s possession.

But replacing it with a better one is permissible, and so is replacing it with a worse one if you are willing to give it up.

ARTICLE: ON THE SALE OF USHUL (TREES, LAND, HOUSES AND GARDENS) AND FRUITS

The sale/grant/endowment/transfer of the land in its entirety – not the mortgaging and denying of it – includes everything that is on the land, including buildings, trees that are still fresh, the fruit of which is not yet visible at the time of the contract, and trees (trunks) that can be picked repeatedly, such as cucumbers and watermelons.

Trees that are only harvested once, such as wheat and cabbage, are not included, because they are not to be planted permanently, so they are ruled like movables in the sale of a house.

In the sale of gardens and yards, the earth, trees and buildings are included, but the fields around them are not, because they are not included in the calculation.

In the sale of a house, these three things are included: 1. the land owned by the seller in its entirety up to the seventh layer of earth, 2. the trees planted there, even if they are many, 3. all kinds of buildings that are there. Plus all the doors and locks that are installed.

Not included are doors that have been removed, beds and stones that are embedded, not for building.

In the sale of a male or female slave, the earrings in his ears, rings or sandals (that he wears) are not included. The same applies to the clothes she wears, even if they cover her ‘awrah: This is different from the view given in al-Hawi, as well as al-Muharrar.

In the case of selling a fresh tree without its soil, the dry roots are included, if it is not stipulated that the tree be cut down, as long as it is stipulated that the tree will be maintained.

Or (the roots are included) if the sale is spoken of as absolute, because the existence of the roots is a necessity for the existence of a fresh tree. The purchaser is obliged to take the dried tree that he bought, if the sale is by way of a mutually agreed upon contract, because of the prevailing custom.

If it is stipulated that the dry tree must be cut or taken away, then the stipulation must be carried out. Or if it is stipulated that the dry tree be left alone, then the sale contract is invalidated and the buyer is not allowed to use the place where it grows.

Fresh branches are included, but dry branches are not included, if the tree is fresh, because the custom is that dry branches must be cut off if they are bought on their own. Similarly, fresh leaves are included, but the leaves of inai are not included according to the view of al-Aujah.

In selling a tree, the land on which it grows is not included, because the name “tree” does not include it.

It does not include the fruit that has begun to appear, such as date blossoms that have begun to burst, grapes that have begun to come out, or coconuts that have become firm: The fruits that are visible belong to the seller, while those that are not visible belong to the buyer.

If it is stipulated that the fruit belongs to one of the sellers or buyers, then the fruit belongs to him, whether it is visible or invisible.

The fruit that has been seen and the tree that has been bought absolutely, are both left uncovered, and the seller has the right to keep the fruit until the time of picking, then he has the right to pick the fruit all at once, not a little at a time.

As for the buyer, he has the right to keep the tree as long as it is alive. If the tree falls by itself, it is permissible for him to replant it, if that will benefit him: However, it is not permissible to plant another tree in its place.

In selling an animal, the womb that belongs to the seller is included. If the womb does not belong to the seller, then the sale is not valid, as is the case with selling an animal without its womb. Similarly, it is not valid to sell only the womb without the mother.

ARTICLE: ABOUT DISPUTES BETWEEN SELLER AND BUYER

If there is a dispute between two parties to a transaction, even if they are both representatives or warrants, about the nature of the exchange, such as a sale, order, qiradh, ijarah, or bride price, such as the size of the mabi’, the payment price, the type of payment, the nature of the payment, the payment period, or the size of the payment period, and the contract was originally valid because of the agreement of both parties or the oath of the seller, and in the dispute one of them does not have evidence to support his claim, or both of them have evidence to support their claim, but the evidence contradicts each other: If the dates are not the same – if the dates are not the same, then the one whose date comes first shall prevail – then both parties shall take an oath (in front of the judge, because both parties are defendants), in which each of them shall swear to deny the other’s claim and to establish his own claim.

For example, the seller says, “I am not selling at this price… but at this price…”, and the buyer says, “I am not buying it at this price, but at this price ….”.

They both have to swear, because they are both the accuser and the accused.

According to al-Aujah, it is not sufficient to say, “I do not sell it except in this way…”, because although the element of negating is clear, the element of stipulating is only apparent from the mafhum (because an oath is not sufficient only by mafhum, but must be sharih or clear).

Then, if one of them is willing to accept defeat or accept the other’s claim, then the contract is valid and will not be revoked.

Then, if they continue to quarrel, then it is permissible for each of them or for the judge to annul the contract, even if they do not ask for it, in order to settle their dispute. In terminating the contract, the contract does not have to be done immediately.

Then, after the contract is broken, the mabi’ is returned to the seller, along with its accompanying additions (such as fat and so on). If the mabi’ was damaged in a concrete (hissi) or shar’i way, such as if it was given in charity or resold, then the buyer must return an equivalent, if it was a mitsli item, or return the price of an item that has no equivalent (mutaqawwam).

The buyer is obliged to return to the seller the price of the slave who escaped from the buyer, in which case the sale contract is terminated. The actual price is determined from the day of the escape.

If one of the two parties to the transaction claims that it is a sale and the other claims that it is a pledge or a gift, for example if one of them says: “I sold it to you for 1,000,” and the other says: “No, but you pledged it or gave it to me,” then it is not permissible for them to swear by each other, because there is no agreement on one contract.

However, each party is swearing at the other to negate the other’s claim (not to the extent of stipulating an admission), because the basic issue is that there is no claim. Then the party claiming the sale must return the 1,000, because that is what was admitted, and withdraw the goods and any additions to them, whether they are bundled or separate.

If two people in a transaction get into an argument: One of them claims that the contract is invalid because of a lack of a pillar or condition, such as one of them claiming to have seen the mabi’, while the other denies it, then the claim of the validity of the contract will usually be won by an oath, because it gives precedence to the birth of the condition of a mukalaf: – i.e. the state of being away from what is corrupt, over the assumption that there is no validity of the contract, because of Shariah’s preference for continuing the contract.

Sometimes the claimant may be justified in breaking the contract, for example if the seller says: “I was not yet of age at the time of the sale,” and the buyer denies it, and what the buyer says may be true, then he is the one who is justified by his oath, because the basic principle is that he was not yet of age.

If the two parties disagree: Whether there is a reconciliation over a denial or an admission, the one who is justified is the one who denies, because denial is the correct one.

If a sick person makes a gift and his heirs claim that he was not of sound mind at that time, the heirs’ claim is not accepted, unless it is known that he was not of sound mind before the gift and the heirs claim that the lack of sound mind continued until the gift was made.

It is also permissible for someone to deny that some kind of trade has taken place.

Some branches:

If the buyer returns a defective mabi’ in cash, and the seller denies that it is a mabi’, then the seller may be excused by swearing an oath, because the basic principle is that the contract is valid (there is no defect).

If the buyer comes with a mabi’ that has a dead rat in it and says: “I have accepted the mabi’ in this condition”, then the seller denies it, then the seller can be justified by taking an oath.

If the seller pours the mabi into the buyer’s container, then suddenly there is a dead mouse, and each of them claims that the dead mouse was not his, then the seller is justified by his oath, if it is possible to justify it, because he is the one who claims that the contract is valid, and because according to the basic principle, every event is expected to occur at the nearest time, and according to the basic principle, the seller is released from his responsibility.

If the debtor pays his debt to the creditor, then returns it to him with a defect, and the debtor says: “This is not what I gave you”, then the debtor is justified, because according to the original ruling: The debtor is free from liability.

The usurper who returns the goods and says: “This is what I took” is justified: The same applies to the one who is entrusted with the goods.

ARTICLE: ABOUT DEBTS AND PLEDGES

Iqradh, which is giving property to someone with the promise of returning the same amount, is Sunnah, because it involves helping to relieve someone’s hardship. Iqradh is one of the Sunnahs based on several well-known traditions.

As reported by Imam Muslim: “Whoever removes one of his (Muslim) brother’s hardships from the hardships of this world, Allah will remove one of his hardships from the hardships of the Day of Judgment: And Allah will always help His servant, as long as he is willing to help his brother.”

A sahih hadith states: “Whoever gives two loans seeking the pleasure of Allah, will be rewarded as much as if he gave one of them in charity.”

Giving in charity is better than taking out a loan, contrary to the opinion of some scholars.

The Sunnah ruling is only if the debtor is not in dire straits; if he is in dire straits, then giving him a loan is obligatory.

It is haraam to take out a debt for someone who is not in a situation of hardship, in which he cannot repay the debt immediately in the case of a debt that is repayable in cash, and repay it after it has been paid in installments in the case of a debt that is repayable in installments.

Similarly, it is haraam to give a loan to someone who is certain or suspects that he will use the loan for immoral purposes.

Iqradh (lending) can be realized with ijab, for example, “I lend this to you”, or “I give this to you on the condition that you return the amount”, “Take this and return the replacement”, or “Use this for your needs and return the replacement”.

If the words “Take it” and “Give it back” are omitted, then it is a kinayah, while the words “Take it” are idle, unless they are preceded by the words: “Loan this to me”, hence a debt, or preceded by the words, “Give this to me”, hence a grant. If it is abbreviated with the words, “I give this to you,” and there is no intention of asking for compensation, then it is a grant, and if it is intended to ask for compensation, then it is a kinayah gardh.

If the two parties are arguing about whether or not there is an intention of substitution (in the words, “I give you this”), then the one who is giving the goods is justified, because he is the one who knows better what his intention is, but if there is an argument about whether or not there is an intention of substitution, then the one who is receiving the goods is justified in claiming that there is no intention of substitution, because the state of not yet existing is the origin of the existing event and because the question is clear in the case that is being alleged.

If someone says to a person who is harmed, “I gave you food with the intention that you should compensate me”, and he denies it, then the one who gave the food is justified, because it is to encourage people to do this praiseworthy action.

If someone says, “I have given it to you on the promise that you will pay for it,” and the recipient says “free of charge,” the recipient is justified.

If a person says: “Buy me some bread with your dirhams,” then he buys it, then the dirhams are a debt, not a grant, according to the view of al-Muktamad.

Qiradh can be realized by a qabul that accompanies the ijab, such as, “I owe you this item”, or “I agree to this item”.

This is so, but al-Qardhu al-Hukmi (debt in terms of its legal consequences: the obligation to return the same amount) does not require ijab-qabul, such as providing for a foundling in need of sustenance, feeding a hungry person and clothing a naked person.

Qardhul Hukmi includes ordering others to give something of theirs, where the benefit goes back to the one who gave the order, such as ordering others to give something to the poet (so that the poet does not insult the one who gave the order), the wrongdoer, (so that he does not do evil to the one who gave the order), feeding the poor or redeeming the prisoner and saying “repair my house”.

A group of scholars said: There is no need for ijabqabul in debt, and this view was chosen by al-Adzra’i and he said: The permissibility of Mu’athah in buying and selling is analogous to that in debt (qardh).

The only thing that makes it permissible is that the debtor (mugridh) is a tabarru’ (one who is authorized to spend his wealth voluntarily) in goods that are valid for use as muslam fih, whether they are animals or otherwise, even if they are gold and silver that are not mummified.

This is the case, but it is valid to owe bread, mortar and leaven (these items are not valid muslam fih). According to the view of al-Aujah: It is not permissible to borrow yeast to make soured milk settle, because of the degree of souring that is intended.

If a man says: “I owe you ten,” and the debtor says: “Take them from so-and-so,” then if the ten belong to the debtor and are in the possession of so-and-so, then the gardhu contract is valid. If the ten is not entrusted to So-and-so, then he is only responsible for returning them, and then he must renew the contract.

In the absence of an emergency, it is forbidden for the guardian to take out a loan on his mahjur alaih’s property. However, it is permissible for the judge to lend the mahjur alaih’s property without any emergency, because of the many duties that he has. With a caveat: The debtor is trustworthy and rich.

The debtor is deemed to have taken possession of the property with the permission of the debtor, even if he has not used it, as is the case with grants:

Our teacher said: According to the opinion of al-Aujah, the gifts that are usually given on happy days are grants, not debts, even if there is a custom of returning something equivalent.

If a person spends on his brother or his family for a number of years, and he does not speak of it as a debt, then it is not permissible for him to ask for compensation, according to the view of al-Aujah.

It is permissible for the Muqridh (debtor) to take back what he owes, so long as the property still belongs to the Muqtaridh (debtor), even if it has already left the Muqtaridh’s possession and returned to him, according to the opinion of Al-Aujah.

If, on the other hand, the property is subject to customary rights – such as pledge and chattel – then it is not permissible for the muqridh to take it back. However, if it is only leased by the muqtaridh, then it is permissible for the muqridh to take it back.

It is obligatory for the Muqtaridh to return an equivalent for an equivalent debt: Gold/silver money and grain, even if it has been canceled by the ruler, because returning the money is closer to the right of the muqridh. It is also obligatory to return the equivalent of the Mutaqawwam debt, namely animals, clothes and pearls.

The muqridh is not obliged to accept a bad return for a good loan: It is not obligatory to accept a mithli return in a different place, if there is a justifiable reason for not accepting it, such as the cost of transporting it from the place where it was delivered to the place where it was delivered, which the muqtaridh does not want to bear, or the safety of the place where it was delivered is feared.

The muqtaridh is not obliged to deliver the debt-returning machete at a place other than the place where the debt was originally owed, unless there is no cost involved in carrying it, or there is a cost involved, but the muqridh is willing to bear it. (Even if the muqtaridh is not obliged to deliver it at a place other than the place where it was originally owed, the muqridh may demand the price of the goods calculated at the place where it was originally owed, based on the price at the time of the demand for goods that cost money to transport and the muqridh did not bear it, because it is permissible to demand compensation for the goods owed.

It is permissible for the Muqridh to accept the benefit given by the Muqtaridh without it being stipulated during the contract: for example, the excess size or quality of the return item and the return is better than what was borrowed.

In fact, it is mustahabb to exceed the repayment of a debt, based on the Prophet’s words: “Verily, the best among you is the best in repaying debts.”

It is not makrooh for the muqridh to take the excess, just as it is makrooh to accept a gift, even if it is a ribawi item.

According to the view of al-Aujah: The muqridh may take possession of the extra money without saying anything about it, because it only follows on from something else, and resembles a gift. If the Muqtaridh returns more than he owes and claims that he did so because he thought that he owed that much, then he should take an oath and ask for the extra.

As for debts in which there is a benefit for the muqridh, this is not valid (fasid), because according to the Prophet’s hadith: “Any debt that benefits the Muqridh is usury.” The naivety of this Hadith can be patched up by the existence of another Hadith similar to it, which was reported by a group of the Prophet’s Companions.

This is riba: Charging someone who rents his property a higher rental price because of the debt, if the rental is a condition of getting the loan, because this kind of gardhu is haraam by consensus. If it is not a condition of the transaction, then we think that it is makrooh and haraam according to most scholars, according to As-Subki.

It is permissible to give a loan on condition that there is a pledge or an insurer. If a person says: “Owe this man a hundred and I will pay for it,” and he gives him a hundred or part of it, then according to al-Aujah the person is the insurer, because there is a need to pay for it, just as if he said: “Throw your goods into the sea and I will pay for them.”

Al-Baghawi said: If the owner of the property claims it to be a debt and the taker claims it to be a deposit (where there is damage to the property), then it is the receiver who is justified, because the basic principle is that there is no liability. This is different from the view expressed in al-Anwar.

Rahn (pawn) is: Pledging an item that is valid for sale as security for a debt, to be repaid from it if the debt is not repaid. Therefore, it is not valid to pledge waqf goods and slaves of Ummu walad. A pawn is valid because there is an ijab and qabul, such as: “I pledge this item” and “I accept the pledge of this item”.

As in the case of buying and selling, there must also be continuity between the ijab and qabul, and their meanings must match. In the chapter on pawning, there is also scholarly disagreement concerning Mu’athah.

Pledging is valid if it is done by a master of tabarru’. Therefore, it is not permissible for the trustees – be they fathers, grandfathers, will-holders or judges – to pledge the property of a minor or an insane person, just as it is not permissible for them to accept a pledge on behalf of these two people, except in cases of necessity or clear benefit: In such cases it is permissible for them to pledge and accept pledges.

(Examples of pawning and accepting a pawn because of an emergency) are: The guardian pawning something (belonging to the mauli) as security for a debt that will be repaid from the crops that are being awaited or the payment of someone’s debt, or the guardian accepting a pawn as security for a debt that is given or the property of his mauli that is sold at an installment price because of a robbery or other emergency, because in this situation, accepting a pawn is the norm.

(The pledge is valid) even if the item being pledged is a general (unspecified) possession or a loan, even if the loan contract did not specify that it was to be pledged, such as if the owner of the item said: “Pledge this loan as security for your debt”, because the item can be used as trust.

It is permissible to lend gold or silver money for pawn according to some views, even if we forbid lending it for other purposes.

This means that it is valid to pledge borrowed goods with the permission of the owner, provided that the owner of the goods knows the pledgee, the type and amount of the debt.

But it is recorded in al-Jawahir: If the owner says: “Pledge my slave for whatever you owe me,” then it is valid to pledge it for more than the price of the slave: -exhausted-.

If the owner of the goods specifies the amount of the debt, then the goods are pledged for less than that, then the pledge is valid, and it is not permissible for the owner of the goods to withdraw the goods after the pledgee has taken the pledged goods. If the item is damaged in the hands of the pledgor, then he is obliged to pay for it, because he is the borrower in this case, according to the scholarly consensus. If it is damaged in the hands of the pledgee, he is not obliged to pay for it, because the pledgee is a trusted person and his rights cannot be waived by the pledgee.

But if the borrower pawned the item in a way that made the contract invalid, then he must bear the damage by handing it over to the murtahin, as stated by more than one scholar.

The borrowed item that has been pledged as a pledge can be sold after the debt repayment period (while the debt has not yet been paid), by first discussing it with the owner, then the owner of the item asks the pledgor for the amount of the sold item.

Rahn (pledge) is invalid if there is any stipulation that harms the pledgor or the pledgee, such as that the pledged item cannot be sold when the payment period has arrived, or that it can be sold only at a higher price than the general price.

For example, both parties stipulate that the additional benefit that occurs – for example, the fruit of the pawned tree is the pawned jkut.

Hence, pawning in any of the above forms is not valid.

The pawn contract is not considered finalized – as is the case with grants – unless the murtahin accepts the pawn: as the acceptance of the mabes in the Chapter on Sale and Purchase that has already passed, and with the permission of the rahin who is a tabarru’.

Revocation of the pledge before the murtahin’s acceptance of the pledged item can occur with tasaruf that can remove the property right, the expiration of the grant and the pledging of the Jain, not with intercourse (for female slaves), marriage, the death of the yahin / murtahin and the marhun (pledged item) that runs away.

Power over the marhun in general, after the contract has been concluded, lies with the murtahin, and this power is a trust (amanat), even if the debt has been repaid,

Therefore, the murtahin is not obliged to pay for the damage to the marhun unless he is rash: for example, he does not want to return the marhun, even though the debt has been repaid.

The murtahin – like the tenant – can be justified by his oath in claiming to have damaged the marhun, but ja cannot be justified in claiming to have returned the marhun, because the murtahin (tenants) carry the goods for their own use, so they are like borrowers.

It is different with the trustee and the deputy. With the destruction of the marhun, none of his debts are canceled.

If the murtahin forgets about the marhun, such as if the kutab is eaten by termites, or if it is placed in a place where such a calamity is expected to occur, then he must bear it because he was careless.

Rule:

The ruling on a faulty contract that is done by a rashid person is the same as the ruling on a valid contract in terms of whether or not it is liable, because even a valid contract – such as a sale and purchase and a qard – is liable when the goods are handed over, so what happens with a faulty contract?

Or there is no obligation to bear it – for example, in the case of pledges, leases and grants – so if the contract is broken, there is no obligation to bear it.

Branches:

If a person pawns something and stipulates that after one month the murtahin will take possession of it, then he is not obliged to take possession of it before one month has passed, even if it is known that the contract is invalid: This is the view of Al-Muktamad.

It is better to cover it after one month has passed, because after that time the status of the pledged item changes to that of a sale or a loan, which is damaged by both, because the pledged item is transferred at the end of that month.

If a person says: “I pledge it to you, and if I cannot repay my debt in time, then it becomes a sale for you,” then the sale contract is invalid, but the pledge is valid according to some of the rulings, because the rahin did not stipulate anything in the contract.

The murtahin, after the debt repayment period, has the right to demand the sale of the pledged goods or to collect the debt if the goods are not sold. The rahin does not have to sell the goods, but the murtahin has the right to demand one of the two things after the debt repayment period.

However, the rahin may sell the marhun with the permission of the murtahin, if there is a need to do so, because in fact the murtahin has the right to the goods. The murtahin has priority in receiving payment of the debt from the price of the goods (because his rights are related to the goods) over other debtors.

If the murtahin does not want to give permission for the sale, then the judge should say to the murtahin: “Let him sell the item or release him from his debt”.

The judge must force the rahin – by imprisonment or otherwise – to do one of the two alternatives above (selling the pledged item to pay off the debt or paying it off), if he refuses.

If the pledgor is still insubordinate or is unavailable, and the only thing he has to repay the debt is the pledged item, then the judge must sell the item by force after it has been proven that he owes the debt, that the item belongs to him, that a rahn (pawn) contract has been made and that the pledged item is within the judge’s jurisdiction, then from the sale price of the item the judge must repay the pledgor’s debt. This is done to avoid harm to the murtahin.

When it is time to pay the debt, the murtahin may sell the pledged item with the pledgor’s permission and the sale is made in front of him. This is different from selling when the pledgee is not present.

However, if the pawnbroker specifies the price of the item, then the sale is absolutely valid, because there is no suspicion.

If both parties stipulate that the third party should sell the goods when the debt is paid, then the third party may sell them at the general price in cash.

In this case, the third person is not required to discuss the seller with the rahin (pledgor), because according to the original law, his permission continues, but he is required to hold a conversation with the murtahin, because sometimes he suspends payment of the debt or releases it.

The owner of the marhun – whether it is the rahin or the lender – must bear the costs of the marhun, such as the maintenance and clothing of slaves, food for animals, wages for searching for runaway slaves, rent for storage and the cost of repairing the marhun: These are the costs according to consensus. Al-Hasan al-Bashri’s opinion, on the other hand, is scarce.

If the owner is unavailable or destitute, then the murtahin should inform the judge, and with his permission, the murtahin may finance the marhun, so that the marhun is a pledge of the livelihood (financing of the marhun), in addition to being a pledge of the debt.

If the murtahin is unable to seek permission from the judge and he has witnessed the financing in order to seek reimbursement from the rahin, then he can later get reimbursement from the financing. If he is unable to seek the judge’s permission beforehand, then he will not be able to recover the loan.

After the pawn contract has been concluded, it is not permissible for the owner of the property to sell it, endow it or pawn it to someone else, so as to prevent the murtahin from seizing it. It is also not permissible to have intercourse with the pawned slave girl without the permission of the murtahin, even if it does not lead to pregnancy, because it is to close the door to intercourse completely. As for other sexual uses, they are permissible if they are safe from intercourse. It is also not permissible to marry a pawned slave girl, because this will reduce her value.

If the marriage is with the murtahin or with his permission, then it is not forbidden for the rahin to do so.

It is also not permissible to rent it out to someone other than the murtahin without his permission, if the rental period extends beyond the period of payment of the debt.

It is permissible for the owner of the property (whether the rahin or the lender) to use it by driving or occupying it, but it is not permissible to build structures or plant crops on the mortgaged land. But if the debt has not yet been repaid and he says: “I will remove the building or plant when the debt is repaid”, then that is permissible for him.

With regard to the murtahin’s intercourse with the slave girl, even with the permission of the owner, it is zina if he knows that it is forbidden. Hence he is liable to the hadd punishment and must pay the mahr if the slave does not submit to intercourse knowing that it is forbidden.

With regard to the report narrated by ‘Atha’ that the slave may have intercourse with the permission of the owner, it is very weak. In fact, some say that this narration is a lie.

Qadhi al-Thayyib al-Nashiri was asked about the ruling on the custom of a woman accepting jewelry as a pledge with permission to wear it, and he replied: The murtahin is not obliged to bear the cost of wearing the item, because accepting such a pledge is regarded as an invalid lease.

This is based on the fact that the woman who gave the debt would have given it to him if he had accepted the pledge and used it, so the giving of the debt is an exchange for the fact that it is not permissible to use the pledged item, which is jewelry.

If there is a dispute between the rahin and the murtahin about whether or not the pawn contract has taken place, such as one person saying, “You have pawned this item to me”, then the other party denies it, or about the size of the marhun, for example, “You pawned the earth and its trees”, then the other party says, “Only the earth”, or about the debt secured by the pawn, for example, “with a debt of 2.000,-“, then the other party says, “with a debt of 1,000,-“, then for all of that it is the rahin who is justified by an oath, even if the marhun is in the hands of the murtahin, because according to the basic law, what the murtahin claims did not happen.

If the murtahin claims that the marhun in his possession was taken with the permission of the rahin, and the rahin denies it and says: “You have seized it”, “I lent it to you”, or “I rented it to you”, then by swearing the rahin is justified in his denial.

Branches:

If a man owes 2000 to another man. If a man owes 1000 on a pledge, and the other 1000 on a bond, and he pays 1000 and says: “I paid the pledged amount”, then he is justified by his oath, because the one who paid it knew better the purpose and method of payment.

Based on the above, if the debtor gives something to the creditor with the intention of repaying the debt, then it becomes the direction, even if the creditor thinks it is a gift: This is what the scholars said.

Then, if the one who paid the 1000 did not intend anything at the time of handing it over, then this amount can be used as payment, whichever he (the pledgor or the trustee) prefers, because the determination is left to him.

Completion:

The Muflis – i.e. the person who owes someone more than he owns and the time for repayment has come – is prevented from spending his wealth at the request of himself or his creditors.

With this precaution, the rights of debtors (creditors) are linked to the property of the muflis. Therefore, it is not permissible for him to dispose of his property in ways that may harm them, such as waqf and bequests, and it is not permissible for him to sell it, even to his creditors, on account of his debt to them without the permission of the judge.

The muflis’ pledge (acknowledgement) of an object or debt in relation to which he is liable is valid before the guardianship is exercised.

It is Sunnah for the judge to sell the muflis’ property, even if it is a house or a slave, in front of himself and his creditors, and divide the proceeds among them. This kind of sale is like selling the property of someone who does not want to pay the rights of others that are obligatory.

The judge has the right to force those who are reluctant to pay their obligations by detention or other forms of takzir.

It is permissible to imprison a debtor who is known to have wealth. It is not permissible to imprison the father or mother and above on the father’s or mother’s side because he owes money to his descendants: This is different from the view expressed in al-Hawi (Ash-Shaghir), which follows al-Ghazali.

If it is established that the debtor is destitute, then he should not be imprisoned or continually charged, but should be delayed until he is able to pay.

The creditor has the right to demand payment from a debtor whose poverty has not been established, so long as the debtor does not choose to be imprisoned: If he chooses to be imprisoned, his wish shall be respected. The costs of imprisonment and the custodian of the prisoner shall be borne by the debtor.

The judge has the right to prohibit a prisoner from entertaining himself with conversation, attending Friday prayers and working as a laborer, if he is of the opinion that doing so is beneficial.

It is not permissible for the creditor to starve the debtor by not feeding him, as our teacher Az-Zamzami has stated.

It is permissible for a debtor who is under guardianship or has died to withdraw his merchandise immediately, if it is still in the possession of the debtor and is not connected to the permanent rights of another person (such as a pledge), and the debt has come due, even if the merchandise is in the form of eggs that have begun to hatch, grains that have begun to grow or plants whose seeds have aged, because these additions are made from his own property.

Revocation of the sale contract can be realized on the part of the seller – even without qadhid – by saying, “I take back the mabi,” but not by selling and freeing the mabi.

ARTICLE:

The insane person is prevented from spending his wealth (hijr) until he recovers, and the child until he reaches the age of puberty, which is the age of fifteen years with two witnesses who are just and wise, or after he has ejaculated or menstruated. The likelihood of these two things happening is after the age of nine years.

A person who claims to have reached puberty by ejaculating or menstruating is valid without taking an oath, even if this claim is made in the midst of a dispute, because he is the only one who has experienced it.

The growth of thick genital hair, such that it needs to be cut, is a sign of disbelief: based on age or ihrilam, whether male or female.

The above signs that apply to a disbeliever also apply to the child of a person whose Islam is unknown, (but) a person whose age is unknown to others, without the above signs (growing genital hair) cannot be applied to him (to show his disbelief), according to some of the rulings (al-Aujuh). Some say: The above sign also applies to Muslims.

The scholars equate the hair when it grows thickly with the genital hair above.

When the child becomes intelligent, his property is given to him.

What Rushd means by this is the ability to act in the interests of religion and wealth, such as not committing haraam acts that would deprive him of his salah, by constantly committing major or minor sins, where his sinfulness is more dominant than his obedience, and such as not wasting his wealth by engaging in transactions that result in great loss, or by spending it on haraam matters, even if it is only a penny.

As for spending it on charity, acts of kindness, food, clothing and gifts that are not appropriate for him, that is not tabdzir.

Once a madman has recovered and the child has reached puberty, even if he is not yet rashid, Islam, divorce and khuluk, as well as property transactions, are valid if they are done after rashid.

The guardian of a minor is his just father, grandfather and above, the person who made his will, and then the judge who is in charge of the area where the minor resides and is trustworthy. If his property is in another area, then the guardian of his property is the judge who is in charge of the property in that area: Guarding, selling and renting it out, if there is a fear of damage to it. (If none of these people are available), then the guardians are the righteous people of the region.

The guardian is obliged to use the assets of his ward in the best interests of his ward, and he is obliged to look after the assets and spend enough on his ward’s maintenance, zakaah and living expenses, if it is possible to do so.

It is permissible for the guardian to travel with his maul’s wealth by a faithful route to a safe destination, i.e. by land and not by sea, and to buy landed goods, the produce of which will be sufficient for his maul’s needs, rather than trade. It is not permissible for him to sell his maul’s property unless there is a necessity (e.g. fear of the wrongdoer, etc.) or there is a tangible benefit.

Some of the scholars are of the view that it is permissible and even obligatory for the guardian to give up some of his maul’s wealth in order to save others, and it is also permissible and even obligatory for him to give up some of his maul’s wealth in order to save others. Done.

It is permissible for the guardian to sell the maul’s property for a non-cash price in the interests of justice, and he must ask for a pledge of the value of the property, if the buyer is not rich.

In cases of emergency, it is permissible for the guardian to lend the property of his mahjur ‘alaih.

It is permissible for the judge to lend his maul’s property on an absolute basis (whether there is an emergency or not), provided that he is a wealthy and trustworthy person.

According to the opinion of Al-Ashah, the mother and the mother’s lineal relatives do not have the right of guardianship. The same applies to Ashabah mauli relatives (for example, uncles, brothers and their sons).

But it is permissible for the relatives of the ashabah to spend the property of a minor child on his education and teaching, because it is only a small amount, so it is understandable if there is no special guardian.

The father or grandfather can be justified by an oath in admitting that he used his inheritance for the benefit of the community.

Likewise, a judge can be justified without taking an oath, if he is trustworthy, just, known for avoiding bad things and has a good personality.

But for the following people it is not permissible: The holder of the will, the custodian of the property (not the guardian) and the judge who is unfaithful, rather it is the mahjur ‘alaih who is justified if there is no evidence for their confession, because they are sometimes suspicious.

From this information, if the mother becomes the holder of the will, then the law is treated like the father and grandfather. The same applies to the father of the mother.

Branches:

It is not permissible for a guardian to take the property of his ward in absolute terms, if he is a wealthy person (whether or not his guardianship duties interfere with his work).

If he is poor and because of his guardianship duties he is cut off from work, then he may take from his maintenance (the usual wage) and when he becomes rich, he is not obliged to return what he took.

Al-Asnawi said: This is the ruling on the Washi and the trustee holding the property. As for the father and grandfather, it is permissible for them to take what they can of the estate, whether they are rich or not.

The person who collects money to free a prisoner, for example, can be compared to the guardian of an orphan mentioned above. Therefore, if he is a poor person, it is permissible for him to spend that money.

It is permissible for the father/grandfather to order his mahjur son to do some work for which there is no remuneration, but it is not permissible for him to beat him to do it, unlike the scholarly view that it is permissible for him to do so.

An-Nawawi (may Allah have mercy on him) ruled that if a man orders a girl’s grandson to serve her, he must pay him until he reaches puberty and becomes ripe, even if he does not force him to do so. If the child becomes ripe, then he is not obliged to pay him unless he forces him to do so.

This law of requesting service also applies to other than maternal grandfathers (fathers and paternal grandfathers).

Al-Jalal al-Bulqini said: If a child has property that is not in his possession, and the guardian spends on him with his own property with the intention of asking for reimbursement after the property arrives, then it is permissible for the guardian to ask for reimbursement, if he is a father/grandfather, because he is the one who is in charge of the two parties (ijab and qabul), but if the guardian is other than a father/grandfather, even if it is a judge, but in the case of someone other than a father/grandfather, he must ask permission from the one who is being spent on, and (after the child’s property arrives) he may pay (for reimbursement) from that property.

A group of scholars issued a fatwa: If a person owes a debt to his father, and his father claims that the debt was used to support him, then swearing by the father or his heirs may be justified.

ARTICLE: ON HAWALAH (TRANSFER OF DEBT OBLIGATION)

Hawalah can be valid with the existence of shighat, i.e. ijab from Muhil (the transferor of the debt), for example: “I transfer my debt to you to so-and-so”, “I transfer your right to me to so-and-so”, or “I transfer my property to so-and-so to you”, and qabul (the party to whom the debt is transferred), where there is ijab_qabul not linked, for example a valid qabul “transfer my right”.

There is also the willingness of the muhil and muhtal.

For the muhal alaih (the party who is burdened with the overflow of debt), his willingness is not required.

With Hawalah, the receivables of muhtal move to muhal alaih, muhil is free of debt from muhtal, and muhal alash is free of debt to muhil.

According to scholarly consensus, (with the existence of hawalah), the rights of the muhtal move to be borne by the muhal alaih.

If the muhtal is unable to collect his debt from the muhal alaih, because of bankruptcy – even if it has existed since the hawalah was established -, because the muhal alaih denies the hawalah that exists, because the debtor denies it to corroborate his denial, or because of something else, for example, the arbitrariness of the muhal alaih and the death of the witnesses to the hawalah, then it is not permissible for the muhtal to collect his debt from the muhil, even if he was not aware of the above obstacles.

There is no khiyar on the muhal alaih if it is clear that the muhal alaih is destitute, even if it is stipulated that the muhal alaih is well-off at the time of the contract.

If the muhtal invoices the muhal alaih and says: “Muhil waived my debt before the hawalah contract,” and he provides evidence (Hayyinah), then this evidence is acceptable, even if the muhil is in the area. According to the view of al-Muttajih, it is permissible for the muhtal to recover the debt from the muhil, unless the muhtal is firm in his stance of denying the muhal alaih.

If a person sells a slave for the price of the sale (muhal alaih), and the seller (muhil) and the buyer (muhal alah) agree on the slave’s freedom at the time of the sale: (as well as the muhtal’s acknowledgement), or that his freedom was confirmed by hisbah (voluntary) testimony or by a bayyinah submitted by the slave himself, then the hawalah is not valid.

If the muhtal does not believe the agreement of the seller and the buyer about the freedom of the slave sold above without mentioning the bayyinah, then each seller and buyer swear the muhtal, that he does not know about the freedom of the slave and the hawalah continues.

If there is a dispute between the creditor and the debtor as to whether the debtor has been delegated or delegated, for example: the debtor says, “I made you my representative to collect”, to which the creditor replies, “No, but you were delegated”, or the debtor says, “I have delegated you”, to which the creditor replies, “No, but you only delegated me”, then the party who denies the hawalah can be justified by swearing.

So in both cases, in the first case it is the debtor who is justified in claiming it, while in the second case it is the creditor who is justified in claiming it, because according to the origin of the matter, the right is still owed by the person who is responsible for paying it (the debtor).

Completion:

It is valid for a rashaf person to assume a debt that has already been determined (even if the insurer acknowledges it), whether the debt has already been incurred by the person to whom the debt is owed, such as maintenance for that day and the previous day for his wife, or the debt has not yet been incurred (but will be incurred), such as the price of a mabi’ that has not yet been handed over and the dowry before intercourse takes place.

Dhaman is not valid for an obligation that will occur, such as a Qardhu contract debt that will occur or a wife’s maintenance for tomorrow. It is also not valid to bear the maintenance of relatives in absolute terms (past or future days).

It is not essential that both the creditor and the debtor be willing. It is valid for a slave to bear the debt with the permission of his master.

It is valid for a rashaf person to give Kafalah (security for the return of goods/people) for goods that are in his custody, such as goods that have been seized or borrowed. It is also valid to give a guarantee to bring a person who has a badir obligation in court (because it relates to adami rights or Allah’s rights in the form of property), with the person’s permission.

The kafil (guarantor) is relieved of his responsibility by bringing the makful (guaranteed), whether in the form of goods or people, to the presence of the makful lah (the one who has the right to be guaranteed), even if the makful comes himself to the place where it is required, in kafalah, to bring the makful: or if it is not required, then to the place where kafalah is held. Bringing the makful or coming himself to the makful lah is without a barrier (between the makful) and the makful lah, for example, the wrongdoer.

If the makful is not present, the kafil is obliged to bring him if he knows where he is and if it is safe to do so, otherwise the kafil is not obliged to bring him.

The kafil cannot be sued for money, even if he is unable to produce the makful because of the maklul’s death or otherwise.

Therefore, if it is stipulated that the kafil must pay the money, even with the words, “If he cannot deliver the makful”, then the kafalah is not valid.

The Shighat of Dhaman and Kafalah is something like, “I will cover your debt to Fulan/ I will cover his debt/ I will cover his body/ I will cover or guarantee his property or present something”.

If a person says: “I will pay you money” or “I will bring someone”, then that is a promise to undertake something, as the words make clear.

However, if there is a qarinah that points to the meaning of dhaman/kafalah, then the contract is made with those words. This is Ibnur Rifah’s discussion, which is upheld by As-Subki.

Dhaman and kafalah are not valid if they are conditional on the Ashil (madhmun anhu and makful) being free from liability, or if they are dependent on an event, or if they are time-limited.

The owner of the right (madhmun lah) may collect his debt from the dhamin or ashil. If the ashil is free of his dependents, then the dhamin is also free, but not vice versa in the matter of release of dependents (if madhmun lah releases the dhamin, the ashil is not automatically released from his dependents), unlike the payment of dependents If the dhamin is free of his dependents by fulfilling his debt to the creditor / madhmun lah, then the ashil is free of his dependents).

If one of the dhamin or ashil dies and the debt has not been repaid, the repayment becomes contingent at that time on the one who died. If the dhamin has paid off the debt of the madhmun anhu (with his permission and with his own wealth, not from the gharimin share in the Zakat Chapter), then he may ask for compensation from the ashil, If the dhamun has reconciled with the madhmun lah by paying the debt below the proper amount (Shuluh Ibra’), then he may not ask for compensation from the madhmun anhu, except for the amount he has paid.

If a person pays a debt that someone else owes him, he may later ask for reimbursement, even if this is not stipulated, unless he is paying the debt for the purpose of voluntary charity.

Branches:

A group of scholars issued a fatwa: If two people say to a person, “We are both liable for your wealth that is with so-and-so”, then it is permissible for him to charge whichever of the two people is liable for the entire amount of the wealth.

A group of Mutakadimin scholars said: It is permissible for him to charge half of the debt to each of them. This is the view endorsed by al-Adzra’i.

Our teacher said: Saying “throw your wealth into the sea, I and the passengers of the ship will bear it”, then the responsibility is shared equally, because of the dhaman which is essential, but an invitation to destroy wealth for the common good: therefore it causes an equal division of responsibility, so that people do not avoid this attitude.

Suluh:

Note that the Shuluh is considered valid if there is a confession from the accused.

Making peace by acquiring something that is not alleged is called Shuluh Mu’awadhah. The legal effect is buying and selling. For example, someone says, “I made peace with you about what you claimed, and now I am replacing it with this garment.”

Making peace by waiving part of what was charged is called Shuluh Ibra’, if what was charged was a debt. Therefore, if the claimant does not say “I waive your debt”, then there is no problem.

Shuluh (peace) will be futile if the accuser has no evidence (2 male witnesses, one male and 2 female witnesses or an oath and one witness), and the accused either wants to deny the accusation or remains silent. Because of this, the settlement is not valid if the defendant still denies the accusation, even if it is certain that the accuser is right: This is contrary to the view of the Aimmatits Tsalatsah (Imam Malik, Imam Ibn Hanbal and Imam Abu Hanifah).

However, in a shuluh contract where the defendant is still in denial, if the defendant is correct in his claim, he may take the goods that were handed over to him.

Then, if the shuluh occurs without the item being charged, then it is a Zhafir (deterrent) and the ruling will be explained later.

Branches:

It is haraam for anyone to plant trees or shelters in the middle of a public road, even if it is for the general benefit of the Muslims and if there is no harm to passers-by, even if the harm can be removed immediately (this last ghayah is of no benefit, because the previous ghayah was sufficient), or the shelter is built in front of his yard.

It is permissible to plant trees in front of the mosque for the benefit of the Muslims or to use the produce for the mosque, but the ruling is makrooh.

بَابٌ فىِ الْوَكَالَةِوَالْقِرَاضِ

CHAPTER WAKALAH AND QIRADH

Wakalah (representation) is valid for someone who is authorized to act on his behalf, such as the wakalah of a slave even without the permission of his master and the ungodly for the qabul of a marriage contract: It is not valid for them to be the representative of the ijab.

Wakalah is the transfer of power by one person to another in a matter that can be replaced, so that the person carries it out while the transferor is still alive.

Wakalah is valid for any contract, for example: Sale and purchase, marriage, grants, pledges and divorces with clear objectives.

It is also valid for any fasakh (failure), such as the failure of a sale and return of goods because of a defect.

It is also valid to receive/receive debts/goods.

It is also permissible (on behalf of the imam or master) to carry out adamic retaliation (e.g. kisas and had qadzaf: as well as ‘uqubah lillah), indictments and their answers (exceptions), even if the opposing party is unhappy.

Wakalah in these cases is valid if the muwakkil (the one who is delegating) has the power of attorney over them at the time of the wakalah contract. Therefore, it is not valid to delegate the sale of goods that will become his property or to divorce the woman he intends to marry over these matters at that time.

Similarly, it is not valid to appoint someone to marry a mauliyah (guardianship) woman after she has been divorced and her waiting period has ended: This is the view of two of our Masters (Ar-Raffi and An-Nawawi) in this chapter (Wakalah), but in the chapter on Nikah, An-Nawawi in Ar-Raudhah favors the validity of wakalah (this latter view is da’eef).

Likewise An-Nawawi in the same place (Chapter on Nikah) favored the validity of the wali’s waqf (to someone) if the mauliyah woman who is still in a marriage bond or idah (waiting period), says: “When it becomes lawful (expires), I will let you marry me”.

If the guardian made the wakalah conditional on the completion of the waiting period or divorce (for example, he said: “If my daughter is divorced or her waiting period ends, then I appoint you to marry her”), then the wakalah contract is invalid, but the marriage is valid, because there is permission. –

It is not valid to appoint a proxy to make a pledge, for example, if a person says to another person: “I appoint you to make a pledge on my behalf that so-and-so will do this”, then the proxy says: “I make a pledge on his behalf that he will do this”. The problem with that is that the pledge is someone else’s notification (which is on the part of the pledgor), so it cannot be delegated.

However, with the taukil above, it means that the muwakkil is making a pledge.

Wakalah is also invalid for swearing an oath, because the purpose of the oath is to glorify Allah and thus resembles worship. Oaths are similar to vows, hanging the freedom of a slave or divorce on an attribute.

Wakalah is also invalid for giving testimony, because it is equated with worship, because the giving of testimony is not taukil (delegating), but because of the need to make a witness whose testimony is guaranteed, just as a judge who decides the law (against a defendant who is not in his area) through another judge.

Wakalah is not valid in acts of worship, except for Hajj, ‘Umrah and slaughtering sacrificial animals.

Wakalah is not valid except in the presence of ijab, which is an expression of the willingness of the muwakkil (the representative) to use the muwakkal fih (the thing being represented).

For example, “I delegate to : I delegate to you in this matter/ I hand over this matter to you/ I make you my agent in this matter/ Sell my position in this matter/ Sell this item for this price/ Marry Fulanah’s woman/ Divorce her/ I give you authority over her divorce/ Free Fulanah”,

As-Subki said: From the scholars’ discussion, it can be seen that the words of a woman who does not have a guardian: “I give permission to anyone in this area to marry me” are valid. Al-Adzra’i said: This is valid if the woman has decided on a husband and does not give him anything other than the words.

Based on the above opinion of Al-Adzra’i, Ibnush Shalah issued a fatwa.

In wakalah it is not required that there is an oral qabul (speech), but it is required that there is no refusal at all.

If a person who does not know that he is a proxy does an act of proxy, then his act of proxy is valid, if it later transpires that he was a proxy at the time of the act of proxy, such as a person who sells his father’s property on the assumption that his father is still alive and it transpires that he is dead.

It is not valid to put the wakalah on a condition, for example, “When the month of Ramadan comes, then I appoint you to do this”.

If the deputy in a wakalah performs an action after the condition of dependence has been fulfilled, such as someone delegating another person to divorce the wife of the delegate whom he marries, to sell a slave that he owns, or to marry his daughter after divorce and the expiration of her waiting period, then the deputy divorces the wife of the delegate after she is married, If the deputy marries the muwakkil’s wife after he marries her, sells his slave after he owns her, or marries her after the expiration of her waiting period, then the deputy’s action is valid, because of the generality of the permissions, even if we think that the wakalah contract here is invalidated with regard to the waiver of the stipulated reward in the contract, if there is a stipulation and obligation to pay the appropriate reward.

A waqf on which the performance is dependent is valid, for example, “Sell this item, but only after one month.” It is also valid by limiting the period of validity: for example, “I delegate to you until the month of Ramadan.”

In wakalah, the condition of the muwakkal fih must be known to the deputy, even if only from one side: for example, “I delegate to you to sell all my wealth and free my slaves”, even if the wealth and slaves are not yet known, because of the lack of deception involved in these words.

It is different with: “Sell this or that”: This is different from “Sell one of my two slaves”, because the definition of “one” can be applied to whichever slave he owns. It is also different from: “Sell some of my property”.

But wakalah is valid with: “Sell it or give it away from my property, as you wish.”

It is invalid to make a wakalah on an unknown matter (muwakkal fih): for example, “I delegate to you a little and a lot/in each of my cases”, or “Do whatever you want with my cases,” because of the ambiguity in these words.

As with the member of the partnership, the representative who has the authority to intervene in tasaruf for himself, is entitled to sell muwakkal fih at a reasonable price or higher with cash.

Therefore, he cannot sell it on an installment basis, or at the local rate of money, or at a loss that is considered unacceptable. For example, if an item whose price is supposed to be 10 is sold for nine, this is a forgivable loss (tumrah), but if it is sold for eight, this is not acceptable.

If the deputy sells in contravention of the above, then the sale is null and void, and if he delivers it to the buyer, then he must bear the value of the price at the time of delivery, even if it is a mitsli item. But if the goods are still available, then he may resell them with his original permission, and accept the price, and he is not obliged to bear the value of the price.

But if the item is damaged, then the muwakkil may ask the representative or the purchaser to pay for it, and the purchaser is the one who should pay for it.

All of the above rules apply if the muwakkil delegates the sale absolutely, in other words, he does not specify the price, cash, installments and payment. If he stipulates any of these things, then they must be followed.

Branches:

If the muwakkil says to the deputy: “Sell this item at whatever price you like”, then it is permissible for him to sell it at an unreasonable loss, but he may not sell it at an installment price and not at anything other than the local currency.

If he says: “…. with whatever you/…. you think”, then he may sell it for something other than local currency, but not for an unreasonable loss or an installment price.

If he says: “…. in whatever way you like”, then it is permissible for him to sell it in installments, but it is not permissible for him to sell it at an unreasonable loss or in other than local currency.

If he says: “…. at a high or low price”, then it is permissible for him to sell it with merchandise (not currency) and at an unreasonable loss, but he cannot sell it in installments.

It is not permissible for the deputy to sell the muwakkil fih to himself or his guardian (a child, a lunatic or an ignorant person under his control), even if the muwakkil has given him permission and specified the price – contrary to the opinion of Ibnur Rif’ah – because it is forbidden to have ijab and qabul from one party, even if there is no suspicion. It is different if it is sold to the deputy’s father or his son who is rashid.

It is not permissible to sell it at the general price (mithli), when someone else can buy it at a higher price without harming it, and the representative trusts the other person. Al-Adzra’i said: The other person is not habitually delaying repayment, and his property or business (work) is not unlawful, meaning all or part of his property / business.

If, in the middle of khiyar majelis or conditional khiyar – even if it is the buyer’s khiyar – a second buyer comes along with a higher price, and the first buyer does not have the courage to raise the price, then the proxy must terminate the sale contract (and continue with the second buyer). If he does not terminate the sale, then the contract is automatically invalidated.

If the sale and purchase contract is executed in cash, then the representative may not hand over the goods before receiving the payment price in cash, so he must win the value of the mabi’ price to the muwakkil, even if it is a miltsli item.

It is not permissible for the purchaser’s representative to buy a defective item, because the contract, which is stated to be absolute according to urf, refers to an item that is not defective.

If the deputy understands the defect of the goods and he buys them at his own expense, then the purchase is valid for him, even if the price is in accordance with the defect, unless the muwakkil has specified the defect and knows about it, then the purchase is valid for the muwakki.

The same applies if the deputy buys it because he does not know about the defect, whether he buys it with his own money or with the money of the deputy, even if the purchase price does not correspond to the defect,

From the above, it can be seen that if the purchase does not apply to the deputy, then if the price for which the purchase was made is the property of the deputy, then the purchase is void, and if the property for which the purchase was made is not the property of the deputy, then the purchase applies to the deputy.

It is permissible for the amil of the qiradh contract (the one who operates someone else’s capital) to buy defective goods, because the purpose of the qiradh contract is to make a profit.

The reasoning in the qiradh contract can be applied to the wakalah contract: If the purpose of the Pakatah contract is to make a profit, then it is permissible for the deputy to buy defective goods, such is the existing law.

The deputy and the muwakkil have the right to return defective goods, where the deputy is not aware of the defect. If the muwakkil is present in the purchase item, then the deputy is not entitled to return the item.

If the muwakkil gives some money to the deputy and orders him to pay for the purchase of goods, then he pays with his own money, then the deputy is considered to be the one who gave it voluntarily, even if he did that because he was too old to give the muwaikkil’s property, because there is no key (chest) of the muwakkil’s property, because he can give his own property, is on behalf of the muwakkil then ask for compensation or inform the judge about it.

If the muwakkil does not hand over something to the deputy or does not order him to pay the property given for the purchase price, then it is permissible for the deputy to ask for compensation, because there is a qarinah (sign) that directs the permission of the muwakkil in the deputy’s payment for the purchase on behalf of the muwakkil.

The deputy should not delegate to another person without the permission of the muwakkil in matters that he can do himself, because he is willing to have the work done by someone else,

However, if the muwakkil delegates the deputy to collect the receivables, and the deputy carries out the wakalah, then he sends the receivables to the muwakkil through the deputy’s family, then he is not obliged to bear the risk (of damage to the receivables): This is the view of al-Jauri, our teacher: What is clear is that what is meant by the family of the deputy is his children, slaves and wife, as opposed to people other than them.

Like the delivery of the receivables above, is the delivery of the purchased goods to the muwakkil through one of the representative’s family.

Excluded from my saying “in matters that he can do himself” are matters that the deputy cannot do. This is because there are too many things to do, or he is unable to do them properly, or they are not suitable for him.

In such a case, it is permissible for the deputy to delegate these matters on behalf of the muwakkil, not himself.

This is consistent with the above reasoning: It is not permissible for the deputy to delegate the matter to another person whose whereabouts are unknown to the muwakkil.

If the deputy is incapacitated because he is sick or traveling, it is not permissible for him to delegate it to someone else.

If the deputy delegates to another person with the permission of the muwakkil, then the second deputy is the deputy of the muwakkil: Therefore, the first deputy has no right to dismiss the second deputy.

If the muwakkil says to the deputy, “Deputize this matter on your behalf,” and he carries out the order, then the second deputy is the deputy of the first deputy, because he is in line with this permission. Therefore, the second deputy is automatically dismissed if the first deputy is dismissed by the muwakkil.

The deputy (if he is allowed to delegate) must delegate only to someone who is trustworthy, so long as the trustee does not specify anyone other than a trustworthy person, and he knows the circumstances of that person, or the trustee does not say to him: “delegate to whomever you like”: this is the view of al-Aujah.

Similarly, if a woman says to her guardian, “Marry me to whomever you like”, then it is permissible for the guardian to marry her to a man who is not kufu (compatible) with her.

The muwakkil saying to the deputy, “Do with it as you wish”, or “What you do with it is permissible for you”, does not mean that it is permissible to delegate it to someone else.

Branches:

If the muwakkil says: “Sell to a certain person, such as Zayd,” then it is not permissible for the deputy to sell to anyone other than Zayd, even if that person is Zayd’s deputy. If he says: “Sell it for a certain amount of money, such as dinars,” then the deputy may not sell it for dirhams, according to Al-Muktamad. If he says: “Sell it in a certain place” or “sell it at a certain time, such as in the month of so-and-so or on the day of so-and-so,” then the deputy may not sell before or after these times, even if he is deputizing for divorce and it is not connected to any specific purpose, because he is carrying out the permission of the muwakkil.

This is different from saying, “When the beginning of the month comes, my wife’s affairs will be in your hands,” and you did not intend to limit it to the beginning of the month, so it is permissible for the deputy to divorce your wife after the beginning of the month.

“Divorce her on Friday”, on the other hand, refers to limiting the divorce to that day, not any other.

(Selling goods) at night : is the same as in the morning, if the circumstances of those interested are the same.

If the muwakkil says, “… on Friday/Friday”, then the deputy should do it on the nearest Friday/Friday.

The place specified by the muwakkil must be obeyed, if he does not specify a certain price or prohibit (selling) in other than the place he has specified. If he specifies a price or does not forbid selling in other than the specified place, then it is permissible for the deputy to sell in other than the specified place.

The deputy, even with a wage, is a trustworthy person. Therefore, he is not liable for any damage to the goods in his hands, unless he acts rashly.

The deputy is justified in his claim of damage and in his claim that he has handed over to the muwakkil, because he is the trustworthy one. If, on the other hand, it is alleged that he handed it over to someone other than the muwakkil, such as a delegate, then the delegate is justified in doing so under oath.

If the muwakkil delegates a debt to a deputy, and the deputy says: “I have paid the debt”, and the creditor denies that the debt was transferred to him, then the creditor is justified in taking an oath, because the basic issue is that the debt has not been paid. Henceforth, the creditor is to be sworn and he is to be allowed to collect from the muwakkil alone.

If the deputy is rash in his actions, such as riding an animal or wearing clothes, then he must bear the risk (if they are damaged), as is the case with other trusted people.

Rashness includes: The item is lost and he does not know how it came to be lost, or he put it somewhere and then forgot about it.

The deputy is not dismissed for acting rashly without damaging the muwakkil fih.

If a person sends someone else to go to a cloth seller and get a garment that is still under bargaining, then it gets damaged on the way, then the person who sent him is obliged to pay for it, not the person who sent him.

Branches:

If after the tasaruf there is a dispute between the deputy and the muwakkil as to whether a wakalah contract has been concluded or not, for example, “You have delegated me to do this….”, to which the deputy replied, “I have not delegated it to you”, or there is a dispute about the nature of the wakalah, for example, “You delegated me to sell in installments/buy for 20”, to which the deputy replied, “…., but in cash/ 10”, then it is the muwakkil who is justified by his oath, because the origin of the matter is in his hands.

The deputy becomes terminated by the muwakkil’s resignation or dismissal, whether the word “dismissal” is used or not, for example, “I canceled the Wakalah contract,” even if the person who was dismissed did not know about it.

It is also the case that one of them is deprived of the right of disposal because of death or insanity, even if the one who is deprived of the right does not know about it, and even if the insanity is short-lived.

Also, if the muwakkil’s ownership of the muwakkal is lost in his hand, then he is free from his debt.

If the muwakkil says to his deputy: “Sell this item in Anu … and buy a slave with the money”, then it is permissible for the deputy to blow on it on the way or in the direction of its destination to a trustworthy person, whether he is a judge or otherwise, because this task is not usual for him, and it is not fraud on his part, but the owner is worried about his property.

Hence if the deputy sells the goods of the muwakkil, he is not obliged to buy a slave, and if he buys a slave from the proceeds of the sale, he is not obliged to hand it over to the muwakkil, but he may entrust it to the person mentioned above. It is not permissible for the deputy to hand over the proceeds of the sale to the muwakkil, if there is no evidence to suggest that he should do so, because the owner has not given him permission to do so. If he does, then the money from the sale of the goods will be due to him until it reaches the owner. This is how our teacher explained it.

If someone claims that he is a deputy to take receivables or goods that are with Zayd, then Zayd is not obliged to hand them over to that person, unless there is evidence of his wakalah.

However, it is permissible for Zayd to give it up if he confirms the person’s claim.

Or if someone claims to be Muhtal (the one whose debt was transferred to Zayd) in relation to the debt or “goods that are with Zayd,” and he confirms this claim, then he is obliged to hand them over to that person, because he has acknowledged the transfer of property rights to that person.

If Zayd handed it over to the one who claimed to be the proxy, and the real owner denied it and swore that he had delegated it to him, then if what was handed over was goods, then the owner may ask for it back if it is still there: If it is no longer there, then the owner of the goods can ask one of the two people (the one who claimed to be the representative and handed it over) to replace it. If it is not there, then the owner of the property may ask for it back if it is still there: If it is not there, then the owner of the property may ask one of the two people (the one who claimed to be the representative and the one who handed it over) to compensate him.

If what has been handed over is in the form of a receivable (debt payment), then the owner can only sue the party who handed it over.

Or if Zayd handed over what he owed to Muhtal, and the creditor denied the Hawalah contract and swore to it, then the creditor should take the debt from the creditor (Zayd), and Zayd should not ask Muhtal to compensate him, because he admitted that he had a property right in Muhtal.

Al-Kamal Ad-Darimi said: If a man says: “I am a representative in selling or marrying,” and the person with whom he is doing the contract agrees with him, then his contract is valid. Then after the contract is completed he says that he was not actually a proxy, so his words are disregarded.

Qiradh is a contract in which one owner gives his property to another to trade and the profits are shared. Qiradh can be valid in the form of minted gold/silver coins, because qiradh is a contract that is uncertain (gharar) because it is not limited to the work (that the Amil does) and there is no certainty about the profit.

Qiradh is permissible because of the necessity for it, and that is why it is permissible for qiradh to be conducted on property that is likely to be profitable, namely gold/silver that has been minted, even if it has been withdrawn from circulation as legal tender by the ruler.

Excluded from “gold/silver” are assets other than gold/silver, even if they are copper coins. Excluded from “pure”, is gold/silver that is no longer pure (mixed), even if the degree of mixture is known, or mixed with copper. Excluded from “imprinted” is gold/silver that is still bullion or jewelry.

So, for these items, it is permissible to do a qiradh contract.

It says: Qiradh is permissible with gold/silver mixed with copper, if the copper is indistinguishable to the eye. This view was favoured by As-Subki and others.

According to the third scholarly commentary in “Zawaidur Raudhah”, qiradh is permissible with any jewelry.

Qiradh can be valid if there is a Shighat, which is ijab from the owner of the capital, for example, “I make qiradh with you / I deal with you like this … / take some of these dirhams and make a trade / sell or buy with profits belonging to both of us”.

The Qabul of the Amil is spontaneous and spoken.

Some say: If the Ijab is expressed in terms of an order, such as “Take this and trade”, the qabul is sufficient to carry out the order, as in the case of Wakalah.

The conditions of the owner of the capital and the amil are like the muwakkil and the deputy, namely that they both have legal authority to intervene in their tasaruf.

It also requires that the profit belongs to both of them. Therefore, it is not valid if the profit belongs to only one of them.

It also requires that the share of profit be known, for example: 1/2 or 1/3.

If the owner of the capital says: “I share with you and the profit belongs to both of us,” then each of us has a 50% share of the profit, or he says: “I share with you a quarter of a sixth of a tenth of the profit,” then the contract is valid, even if both parties did not know the amount at the time of the contract, because it is easy to find out later, which is a share of 1/240 of the total profit.

If it is stipulated that one of them will get the right share of ten profits or some other kind of profit, such as a slave, then the qiradh is invalidated.

The Amil in a broken qiradh is entitled to a fair wage, even if there is no profit in the capital, because he is working with the expectation of a predetermined wage.

One of the qiradhs that is invalid, according to the fatwa of our teacher Ibn Ziyad (may Allah have mercy on him), is what some people have become accustomed to, which is handing over money to another person on the condition that he returns 12 (12%) for 10 (12%), whether he makes a profit or loses money.

In this invalid qiradh, the amanuensis is only entitled to an appropriate wage, while the entire profit or loss is in the hands of the owner of the capital, and the status of the amanuensis in holding the property is that of a trusted person, so if the amanuensis is careless in holding it, such as if he goes beyond the limits of the place where it is permissible to trade property, then he must bear the risk of that property. That is done.

The amil is not entitled to a wage in an invalid qiradh if it is stipulated that the entire profit belongs to the owner of the capital, because the amil is working without expecting anything.

It can also be pointed out that the amil does not get paid if he knows that the qiradh is invalid and knows that he will not get paid.

The Amil’s tasaruf in a fasid qiradh is still valid, but he should not venture to do tasaruf after he finds out that the qiradh is fasid.

It is not permissible for him to dispose of the qiradh money without the permission of the owner, even if it is property (other than gold or silver). It is not permissible for him to carry the qiradh money without the permission of the owner of the capital, even if it is a short distance away, with no worries or expenses. If he does so, he will have to bear the risk of the money and he will be sinning. In that case, the qiradh contract is still valid as before.

But if he has received permission, then he may travel with the qiradh money, but he cannot travel on a ship unless he has received permission to do so.

It is not permissible for the Amil to spend the qiradh money on his own needs, whether he is at home or traveling, because he has a share of the profit, which means that he is not entitled to anything else. If the contract stipulates the Amil’s living expenses, then the qiradh contract is invalid.

The amil is justified in his claim that all or part of the wealth has been corrupted by his oath, because he is a trustworthy person.

But the text of Ash-Shafi’i in al-Buwaithi, which is supported by a group of Mutakaddoon scholars, says that if the amil takes something that he cannot possibly maintain, and some of it gets damaged, then he must bear the damage, because he was rash in taking it. This ruling applies to the representative, the trustee and the testator.

If, after the property is damaged, the owner claims that it is debt (qardh), and the ameer claims that it is qiradh, then the ameer should be sworn in, as our teacher Ibn Shalah has ruled, agreeing with al-Baghawi’s fatwa, because there is no liability in the first place. This is different from the view that was favored by Az-Zarkashi and others, which is that the owner of the money is justified.

If both parties submit evidence (bayyinah), then it is the bayyinah of the owner of the property that takes precedence over its acceptance, because he has more knowledge about the matter in question. this is according to some scholarly commentaries.

The amil can also be justified by swearing in his claim that he did not earn any profit at all and that the rate of profit is the same, because he is a trustworthy person, and he can be justified by swearing in his claim that he suffered a loss of the amount that was possible, because the amil is a trustworthy person.

If the amil says: “I made such a profit…”, then says: “I was wrong in my calculations, I lied in what I said”, then the second statement is not acceptable, because he has pledged the right of another person (the owner of the capital), which cannot be revoked.

The amil’s statement “I lost”, after he has declared a profit, is acceptable, if there is a possibility of this happening, such as experiencing a price decline.

By swearing an oath, the amil can justify his claim that he has handed over property to the owner of the capital, because the owner has given him trust, as with the person who gets a trust (Muda’).

By swearing an oath, the amil can be justified in claiming the amount of capital he has received, because according to the original law, there is no excess.

By swearing an oath, the amil can be justified in saying, “I bought this item for myself,” if the purchase contract is by bon, because he is the one who knows better.

But if the purchase was made using the qiradh money, then the purchase is for the qiradh contract, even if he intended it for himself, according to the view of al-Imam al-Haramayn, which is confirmed in al-Mathlab. According to him, the argument put forward by the owner of the money that the amil bought it with the qiradh money is acceptable.

Likewise, the amil is justified in swearing by saying, “You did not forbid me to buy this,” because the basic principle is that there is no prohibition.

If there is a dispute between the owner of the capital and the amil about the percentage of profit that was promised to the amil, for example, 1/2 or 1/3, then each party swears by affirming his own claim and denying the other’s claim. Then, after the contract has been terminated, the amil is entitled to the wage that he deserves, and the entire profit goes to the owner of the capital. Or if there is a dispute between the two of them as to whether he is the representative or the ameer, then the owner of the capital is justified by his oath, and he does not pay the ameer.

Pamungkas (about the Company)

Shirkah is of two kinds: The first is the sharing of property that is owned by two people as a result of inheritance or purchase.

The second is divided into 4 kinds. Among them:

1. Legitimate partnership: This is a partnership between two people to trade their property together.

The other part is void, viz:

2. A partnership of two people who work together, with the proceeds of their work being shared equally by both of them or by a difference.

3. The joining of two people to bear the cost of purchasing an item, either by check or cash, with the profits being jointly owned.

4. An association of two people to work together and own: profits, either with their labor or their assets, and they equally bear any losses incurred.

For a shirkah to be valid, there must be a word that indicates permission to do business, whether it is selling or buying. Therefore, if they just say, “We are in a partnership”, this is not sufficient for permission to do business.

Both parties have the right to use the partnership property without causing harm, in other words, in a way that brings benefit. Therefore, it is not permissible for a limited liability company to sell the joint venture property at the general price, while there are other people who want it at a higher price.

A member of the association (persero) may not leave with the assets of the association, as long as it is not due to compulsion, e.g. a famine or fear. He may not buy merchandise without the permission of the other members. If he leaves with the property, he must bear the risk that occurs, while his tasaruf remains valid.

Or if, without the permission of the other members, he trades in the property of the association by handing it over to their workers, even if they are voluntary workers, then he must bear the risk.

Their share of the profits and their share of the losses are calculated according to their shares. Therefore, if they stipulate something that contradicts this, the shirkah contract becomes void: each of them is entitled to receive payment for the work according to his share.

Tasaruf arising from an invalid shirkah continues, because there is permission. Shirkah becomes invalid because of the death or insanity of one of the two partners.

The member of the partnership is justified in claiming that he gave back the shirkah property to his partner. The same applies to his claim of loss or damage and his statement, “I bought the goods on my personal behalf/on behalf of the partnership”.

It does not follow that if one person says, “We have divided it, and what is in my hand is mine,” and the other person says, “That is not true, but it is still in the joint venture,” then the one who denies it is justified, because the original ruling is that it has not been divided.

If one of the heirs takes his share of the Muwarrith’s (the one who left the estate) receivables, then the other heirs share in owning the property.

If two people enter into a contract to sell a slave, and one of them has received his share of the slave, then the other does not share in the share of his companion.

Benefits:

An-Nawawi – as well as Ibn Shalah – issued a fatwa on the one who seized gold/silver or wheat (mitsli) and mixed it with his own property, so that it is indistinguishable, then he can set aside the amount of the seized item (and give it to the owner), and the rest is permissible to be used.

ARTICLE: (ABOUT SHUF’AH)

The right of shuf’ah (right of redemption/forced purchase of sold goods) for partners – not neighbors – is applicable in relation to the sale of land and all that comes with it, such as buildings, trees and unripe fruit.

Therefore, the right of shuf’ah does not apply in relation to the sale of individual trees or the sale of the place where they grow. Nor does it apply in relation to the sale of a well.

Shafi’ (the user of the right of shuf’ah) can take possession (of the goods that his partner sold) with the words, “I took it with shuf’ah”, and by reimbursing the buyer for the purchase price.

بَابٌ الْاِجَارَةِ

CHAPTER ON IJARAH (LEASING)

Ijarah according to lughat means “the name of the wage”, while according to syarak is to give the benefit of something in exchange for it based on some conditions that will be spoken later.

Ijarah can be valid with the existence of ijab: For example: I rent this item to you/ I rent the benefit of this item to you/ I give the benefit of this item to you for one year at a fee.

There is also the existence of a qabul, such as: I rent this item / I rent the benefit of that item / I accept.

An-Nawawi in Sharhul Muhadadzab said: The dispute (among scholars) as to whether or not Mu’athah is permissible applies to ijarah, rahn and hibah.

However, ijarah is valid if the rent is in the form of something that is valid, if it is priced and known to the two parties to the transaction, including its size, type and nature, and if it is not in cash, then it is sufficient to see it. In this case, whether it is ijarah ain (other than dhimmah), or dhimmah (leasing with a guarantee by the renter that the goods will always be as good as promised in the contract).

Hence, it is not valid to rent a house for the rent of repairing it, to rent an animal for the rent of feeding it, and it is not valid to hire out the skinning of a sheep for its skin, or the pounding of some grain for part of its flour,

It is permissible to rent out a benefit (service) that is worth a price, of which the goods, size and nature are known, and the benefit returns to the renter, and in using the benefit of the goods is not aimed at taking (reducing) it.

The condition of “benefit that is worthy of reward” excludes benefits that are not worthy of reward. Hence, according to al-Aujah: It is not valid to hire a broker to say a word or two, even if it is a consensus and acceptance, and even if it helps to sell the merchandise, because a word or two is not worth anything.

From the above, it can be concluded that this is not valid for goods that have a fixed price in a certain area, such as bread.

This is not the case with slaves and clothing, where the price always varies according to the buyer.

Since it may be more beneficial to sell the goods by a salesperson, hiring his services to sell them is valid.

If the hiring of the person’s services is not valid, then if he is exhausted from walking back and forth and talking to himself, then he is entitled to a fair wage, and if he is not exhausted, then he is not entitled to a fair wage.

Our teacher, al-Muhaqqiq Ibn Ziyad, stated that it is haraam for a qadhi to receive payment for the work that he does, such as guiding a person to a consensus, because it is not hard work for him.

Al-‘Allamah ‘Umar al-Fata has previously issued a fatwa stating that it is permissible to accept such remuneration if he is not the guardian of a woman’s marriage. ‘Umar al-Fata said further: If the qadhi teaches the marriage contract (ijab-qabul) to the guardian and the husband-to-be, then it is permissible for him to accept the fee that the guardian and the husband-to-be have agreed upon, even if it is a large amount, but if the woman does not have a guardian other than the qadhi, then it is not permissible for him to accept the fee for the marriage contract, because that is his duty.

The permissible fatwa above needs to be reviewed, because according to the explanation that has already been given (that it is not hard to do).

It is not permissible to rent unperforated dirhams and dinars for use as jewelry, because the benefit of adorning them is not worth the money.

With regard to dirhams and dinars that have been hollowed out (for jewelry), according to al-Adzra’i’s discussion, it is valid to rent them, because in that form they have become jewelry, and renting jewelry is definitely valid.

Excluded from the requirement of “known” is renting an unknown item. Therefore, saying, “I rent to you one of these two houses,” is void.

Excluded from “the benefit of the goods returns to the hirer” is the benefit to the Ajir (laborer). Therefore, it is not valid to hire someone to perform an obligatory act of worship – other than nusuk – such as prayer, because the benefit of the prayer goes back to the Ajir, not the Musta’jir (hirer). It is also not valid to hire someone to lead a prayer, even if it is a Tarawih prayer, because the imam is praying for himself: If someone wants to share the prayer with him, he is welcome to do so, even if he does not intend to be the imam himself.

With regard to acts of worship that are not obligatory, such as the call to prayer and the Iqāmah, it is permissible to hire someone to do them, and there is a reward for all that is involved in the call to prayer, such as the maintenance of time. It is also valid to hire someone to take care of the dead and to teach the Qur’an, whether in part or in whole, even if it is fard (obligatory) for the teacher, based on a sahih hadith that reads: “Verily, the thing for which you are most entitled to take a wage is the Book of Allah.”

In Sharhul Minhaj, our teacher said: It is valid to order the recitation of Qur’an over the grave, and it is also valid to offer a du’aa’ in which the reward of the recitation is directed to the reader or others (e.g. the deceased, the Musta’jir, etc.), after the recitation, whether the Musta’jir has specified a time and place or not.

The intention of giving the reward to the person to whom the recitation of the Qur’an is addressed, without any supplication afterwards, is futile (because the reward belongs to the reciter himself and cannot be transferred to the addressee), contrary to the view of a group of scholars who have been singled out by As-Subki. Similarly, it is useless to say: “I will dedicate this recitation of the Qur’an to him”: this is contrary to the view of a number of scholars.

According to the correct view, it is valid to recite in front of the Musta’jir or his son, and according to some scholars, in this case the reader must remember the Musta’jir when reciting the Qur’an.

All of the above labors are valid, because the place where the Qur’an is recited (the grave) is a place of blessing and mercy, the supplication after the recitation of the Qur’an is closer to being answered (the reason for the validity of hiring to recite the Qur’an with the supplication after it): and the Musta’jir’s remembrance of the reader while reciting the Qur’an is a reason for being included in the mercy when it descends into the reader’s heart.

Ordering the remembrance of Allah alone, and praying afterwards, is similar in ruling to ordering the recitation of the Qur’an. Some scholars have ruled that if the reader leaves out any of the verses in the recitation of the Qur’an that he has been ordered to recite, it is obligatory for him to recite those verses, and he does not have to recite the verses that he has left out.

(Another fatwa): If a person is hired to recite Qur’an over a grave, then when he recites it he does not have to intend that his recitation is for the purpose of hiring himself out, rather it is sufficient that he does not intend anything else.

If you say: The scholars explained that in the case of a vow, it is obligatory for the one who has vowed to recite Qur’an to do so, so I answer: In the case of vowing to recite Qur’an over a grave, there is a qarinah that points to the purpose of the vow (i.e., for the dead person in the grave), but in the case of vowing to recite Qur’an, there is no such qarinah.

Based on the fact that the intention is not obligatory, if a person is hired to recite Qur’aan absolutely, and we regard this kind of hiring as valid, then according to the correct view he must intend to do so. If he was not hired to recite Qur’an absolutely, – for example, to recite in front of a dead person – then he does not have to intend. The above description of the grave is just an example. The above fatwa has been summarized.

Excluded from the condition of “no intentional use of the property” are leases in which the use of the benefit results in a diminution of the property. Therefore, it is not valid to rent a garden for its fruit, because ownership of the rented item cannot be obtained by intentionally entering into an Ijarah contract.

Tajuddin As-Suhki said in his Tausyih that his father, Taqiyyuddim As-Subki, was of the opinion at the end of his life that renting out trees for their fruit is valid (this opinion is da’eef). – The fuqaha’ have stated that it is permissible to lease a canal or well for its water, because there is a need to do so.

Ash-Shihab in al-‘Ubab said: It is not permissible to rent out the land for planting a dead body, because digging it up before it is destroyed is haraam, and the time of its destruction is unknown.

The renter is obliged to hand over the key to the rental house to the tenant, and if the key is lost by the tenant, the renter is obliged to replace it with a new one.

What is meant by a key here is a lock that is attached. As for anything else, it is not obligatory to hand it over, not even for a hanger lock, as is the case with other movable goods.

The renter is obliged to repair the rented house, such as rebuilding the collapsed parts of the house, whitewashing the attic, reinstalling the loose door and repairing the leaking parts.

The obligation to fulfill the aforementioned does not mean that he is sinning if he does not fulfill them or that he should be forced to do so, but what it means is: If he does not fulfill them, then the tenant has the right of khiyar (to continue with the ijarah contract or not), as we will explain in these words:

“If the renter (Mukri) immediately fulfills the obligation mentioned above, then the matter is clear, but if not, then the renter (Muktari) has the right of khiyar, if the benefit of the house is reduced.

It is obligatory for the Muktari to clean the rooms of the house from garbage and snow. The word “Arshah” means “any bare ground of litter that lies between houses”.

Muktari is a person who is entrusted with the rental item during the ijarah period, if the ijarah is stipulated by a period. Or the ability to use the benefit of the goods, if ijarah is determined by the place of charity.

He is also a trustee after the ijarah period ends, so long as he does not use the goods, because it is a continuation of the existing period, and because after the ijarah period ends, he is not obliged to return the rented goods or the return fee, so if one of these two things is stipulated to the Muktari, the ijarah contract is nullified. All that the muktari is obliged to do is to give up the use of the goods, as is the case with a wadi’ (one who is entrusted with goods).

As-Subki favors the view that the status of the Muktari is that of a shar’iyah (not ju’liyah) trustee. Therefore, he is obliged to inform the owner of the item or return it immediately: If not, then he must bear the risk (of damage, for example). According to the correct view, this is the opposite of what is required.

If we follow Al-Ashah’s view that the Muktari is only obliged to give up the use of the property, then the consequence is that the Muktari is not obliged to inform the Mukri that he has given up the use of the rented property, but only that he does not use it and does not withhold it if asked. If this is the case, then it would be the same whether or not the Muktari locks the door of the shop after vacating it.

But al-Baghawi said: If a person rents a kiosk for one month, then locks the door and leaves it for two months, then he must pay the agreed-upon rent for one month and the usual rent for the second month.

Our teacher (Ibn Hajar) said in Sharhil Minhaj. What al-Baghawi says about the departure of the tenant is based on an opinion. If the muktari uses the rented item after the rental period has expired, then he must pay the usual rental fee.

It is the same with the laborer: He is a trustworthy person, even after the expiry of his labor period, therefore, they (the tenant and the laborer) are not liable.

Therefore, if a person hires an animal and it has not been used and it is damaged, or hires someone to sew a garment or dye it, and it is damaged, then the hirer of the animal or the tailor is not obliged to bear the damage: If a person hires an animal and it has not been used, and it is damaged, or hires someone to sew a garment or dye it, and it is damaged, then the hirer of the animal or the tailor is not obliged to bear the damage.

Whether the damage is caused by the worker himself or not: for example, the hirer sits down with the worker and does the work, or the hirer brings the worker to his house to work.

Unless they were careless, for example, Muktari did not utilize the animal he rented and it was “damaged for some reason. For example, the animal was hit by the roof of its enclosure collapsing at a time when if he had used the animal properly, it would have been safe: or for example: Muktari beats the animal or loads it with more than the rental conditions.

A shopkeeper, for example, is not obliged to bear the loss if a thief takes the contents of the shop. Az-Zarkasi said: Even a security guard is not obliged to bear the loss.

For example, if a person hires someone to herd cattle, then he leaves the herding to another person, then both of them (the laborer and the other person) are obliged to bear the damage to the cattle, but the liability is on the one who damaged them. Another example: If a baker overdoes it with his baking, or if a student dies because of the beating of his teacher, then they must bear the loss.

The laborer can justify his claim that he was not rash, as long as there are not two expert men who testify to the contrary.

If a person hires an animal to ride today and return it tomorrow, and it turns out that on the second day the animal has not been returned and on the third day it is returned, then he must bear the loss incurred on the third day only, because on this day he used the animal negligently.

If a person hires a slave to do some work that he knows about, but he does not tell the slave about the place, then the hirer takes the slave from one place to another, and the slave runs away, then the hirer must not only pay the hire fee, but he must also bear the loss caused by the slave’s running away.

Branches:

For example, it is permissible for a garment ironer to keep the garment with him as a pledge of his wages until the ironing wages are paid.

A deed for which no reward is promised is not entitled to a reward. For example, shaving the hair, sewing the clothes, ironing them and sewing them with the owner’s wenter.

Hence, if a person hands over a garment to a tailor to sew, an ironer to iron or a wenter to weld, and the work is done casually and neither of the parties mentions the cost of the work, or the cost of the things, then they are not entitled to a wage for their work, because they are doing it voluntarily.

Ar-Ranyam in Al-Bahr said: If a person says: “Put me up in your house for a month”, and he does so, then according to consensus the owner of the house is not entitled to receive the rent, even if he does not stipulate the rent, because it is known that the deed is for a fee, because there is no stipulation of a fee.

There is no exception to the obligation to pay the fee for someone such as a user of a restroom or a passenger on a ship without the permission of the owner, because we are using the benefits of restrooms and ships without the owner’s permission. This is not the case with obtaining permission from the owner.

But if one of the parties is talking about wages for work (charity), then the worker is definitely entitled to wages, if the contract is valid. If the contract is not valid, then he is entitled to the usual wage.

If the mention of wages is made with an allusion, for example: “I will make you satisfied/I will be happy”, then the wage that must be paid is the usual wage.

The muktari is obliged to pay the rent stipulated in the contract at the end of the ijarah period specified in the contract, or at the end of the period that is sufficient to take advantage of the benefit in the ijarah specified in charity, even if the renter has not used it, because the benefit is truncated in his own hands, and even if he does not use the benefit because of some kind of sickness or fear of travel, because the obligation of the mukri (the renter) is only to allow the muktari to take advantage of the rented item. It is not permissible for the muktari to terminate the ijarah contract or return the rented item until he is able to use it easily.

The ijarah contract becomes null and void for the future because of damage to the thing or person from which the benefit is derived, which is stipulated in the contract: For example, the death of the animal or laborer specified in the contract, such as the collapse of the house, even if it is the result of the Mustajjir’s actions, because the damage ends the benefit.

Damage to the mustaufa minhu that occurs after it has been accepted by the musta’jir does not invalidate the ijarah contract for the period that has passed, if the ijarah period that has passed is worth the rental fee, because when the mustaufa minhu has been accepted, the rental fee for the period that has passed becomes valid (istigrar). Therefore, the rent should be paid as a percentage of the total rent stipulated in the contract, taking into account the mitsli rent for the past period.

Excluded from “mustaufa minhu” is everything that is not mustaufa minhu, which will be explained later: And it is excluded from “that which is stipulated in the contract”, which is mustaufa minhu that is stipulated in the dependents (dhimmah): The damage to these two things does not cause the ijarah to be terminated, but it may be replaced.

The khiyar does not have to be instantaneous, according to Al-Muktamad, because there are defects, such as defects in animals that were present at the time of the contract, if the renter did not know about them. The same applies to defects that occur after the contract (in the hands of the renter), because these defects cause harm to the renter. A defect here is a defect that affects the benefit of the goods, so that the value of the benefit will be different.

There is no khiyar in ijarah dzimmah (renting with the guarantee by the renter that the rented item will always be as good as promised in the contract) because of a defect in the rented animal, but the renter is obliged to replace it with a good one.

It is permissible in ijarah ain or dzimmah to substitute the user of the benefit (Mustaufi) for someone else, for example: the person who rides and the person who stays. The same applies to replacing the mustaufa bih: e.g. the goods loaded in the mus. minhu, and the mustaufa fih, e.g. the road traveled. It is permissible to substitute the latter for the former or for the latter, so long as it is not stipulated that the muktari should not substitute the former for the latter two (mustaufa bih and fih; if the mukri stipulates that the muktari should substitute the latter, then the condition must be fulfilled).

Branches:

If a person rents clothes to another person to wear on an absolute basis, then it is not permissible for him to wear them when he sleeps at night, even if it is customary for people to do so.

It is permissible for the musta’jir of an animal, for example, to prohibit the renter (mu’jir) from putting anything on the animal.

Benefits:

Our teacher (Ibn Hajar al-Haitami) said: A professional doctor, who rarely fails in his treatment, if he is promised a wage and is given money to buy medicine, then he treats the disease with that medicine and it does not heal, then he is entitled to the stipulated wage, if the ijarah (labor) is valid, but if the ijarah is not valid, then he is only entitled to the usual wage (Ujratul Mits).

It is not permissible for the patient to take back the money that he has paid the doctor, because it is the treatment that is being paid for, not the cure. In fact, if it is stipulated that he must recover, then the ijarah is void, because his recovery is in the hands of Allah swt.

But if the doctor is unskilled, then he is not entitled to payment, and the patient may take back the medicine that was given to him, because he was rash in doing work for which he was not qualified.

If there is a dispute between the mukri and the muktari about the rental fee, the rental period or the size of the benefit, whether (a rented animal, for example, is used to travel) 10 farsakhs or 5 farsakhs, or about the size of the rental item, whether it is the whole house or only one room, then both of them must swear an oath (affirming their own claim and negating their opponent’s claim) and then the ijarah becomes null and void, and the muktari must pay the usual fee for the benefit he has obtained.

Branches:

If in ijarah dzimmiyah, the musta’jir finds that the capacity of the hired animal, for example in carrying a load that has been measured by the mu’jir, is below a striking standard, then the rental fee is reduced by the difference, if the ijarah is not dzimmah (ainiyah), then the rental fee should not be reduced at all.

If a person rents a boat and fish enter it, there are two opinions as to who has the right to own it: the musta’jir or the mu’jir:

MUSAQAH

Conclusion:

Musaqah is permissible, and it involves hiring the owner of a planted date palm or grape tree, specified in the contract and known to both parties, for someone else to care for it and water it, with the promise that the new or existing fruit will be jointly owned.

Musaqah is not permissible for anything other than date palms and grapes, except in conjunction with one of them.

Kaul Kadim Imam Shafi’i allows Musaqah contracts on all types of trees. This opinion is also the same as that of Malik and Ahmad. A group of Shafi’i scholars also favored this opinion.

If Malik (the owner) gives Musaqah to another person in the form of date seeds to be planted first, then the trees or fruit are jointly owned, then the Musaqah contract is not valid, but the conclusion of the discussion of a group of salaf scholars is that it is permissible.

In this case (it is not valid), the tree is the owner of the seedling and he is obliged to pay a reasonable fee for the land on which the tree is planted (if the land is his, then he is obliged to pay the laborer a reasonable salary).

MUZARA’AH

Muzara’ah is when the owner of the land gives someone else (a worker) the land to work on it, with the promise that the worker will get a certain share of the produce, while the seeds are provided by the owner of the land.

If the seeds come from the cultivator (Amil), it is called Mukhabarah.

Muzara’ah and mukhabarah are not permissible, because there is evidence that they are not permissible, but As-Subki and other scholars have stated that they are permissible, based on what was done by ‘Umar (may Allah be pleased with him) and the people of Madinah.

(If we adhere to the view that favors nullification, then if the land is cultivated, then the produce of the land belongs to the owner of the land, but he is obliged to pay the laborers and rent the animals and tools.

If the land is hired out, the produce belongs to the cultivator and he is obliged to pay the owner of the land a reasonable fee.

This is done so that the crops are shared without anyone paying rent: If the seed comes from the cultivator (mukhabarah), then the cultivator rents half the land with half the seed, half the work, and half the use of the tools, or with half the seed and he volunteers the work and the use of the tools.

If the seed belongs to the owner of the land, then the owner of the land should assign it to the cultivator for half the seed, so that the cultivator can plant the other half of the seed on half the land, and the other half of the land should be loaned to the cultivator (amil).

بَابٌ الْعَارِيَةِ

CHAPTER ‘ARIYAH (BORROWING)

‘Ariyah with tashdid and takhfif ya’nya: It is the name of a loan. It is also the name of a contract that authorizes the use of a lawful thing that is still intact to be returned to its owner.

The word “Ariyah is derived from ‘Ara, which means “going and coming back quickly”, not from “Al-‘Ar” (defect).

‘Ariyah is Sunnah in principle, because of the need for it.

Sometimes the ruling is obligatory, such as lending a garment that is the reason for the validity of the prayer, or a thing to save a drowning person, or lending the tools to slaughter an animal that is honored by sharee’ah, if there is a fear that it will die.

It is permissible for a person who has the right to use goods voluntarily (Ahli Tabaru’) to leave borrowed goods intact, where he has the right to use them, even if this is by way of will, ijarah and waqf, and even if he does not have ownership of the goods, because in ‘Ariyah it is only about the use of goods.

Ibnur Rif’ah limits the validity of ‘Ariyah from mauquf ‘alaih, if he is the Nazir (of the waqf item on loan).

Al-Asnawr said: It is permissible for the imam (head of state) to lend Baitulmal property.

‘Ariyah is valid for goods whose use is permissible. Therefore, it is not valid to lend goods that are forbidden to be used, for example, instruments of immorality (guitars, flutes, etc.), lending horses or weapons to kafir harbi: or lending slave girls who can still arouse lust to serve other men.

It is valid for the Tabarru’ member to lend an item, if the loan is accompanied by words that indicate permission to use the benefit of the item: for example, “I lend it to you/ I allow you to use it/ Hop on and take advantage of it.”

In this case, the word of one party and the performance of the other are sufficient.

The Musta’ir (borrower) is not allowed to lend the borrowed item again, without the permission of the Mu’ir (lender).

The Musta’ir may transfer the use of the borrowed item to another person, for example: Telling to drive his borrowed animal to another person who is equal to him or below him for his needs.

It is not valid to lend an item that will be destroyed by its use, such as a candle to be lit, because it will be destroyed. Hence it is valid to lend candles, just as it is valid to lend gold and silver for jewelry.

If the ‘Ariyah is invalid, but it is still valid, then the damage, if any, should be borne, because a contract that is invalid comes under the same ruling as a valid one. Some say: It is not obligatory to cover it, because the contract is neither a valid ‘Ariyah nor a faulty one.

If someone says: “Dig up my land so that you can make a well” and digs it, then the well does not belong to the digger, and he is not entitled to a wage from the owner of the land who ordered it. If the digger says: “You ordered me to dig for a fee”, and the answer is “Free”, then the word of the one who ordered it and his heirs is valid.

If a person sends a child to borrow something for him, then the ruling on the loan is invalid. If the item is damaged in the hands of the child or destroyed, then neither the child nor the one who sent him is obliged to pay for it. This is what is stated in al-Jawahir.

The Musta’ir is obliged to bear the cost of the borrowed item (Mu’ar) from the day it is damaged, if all or part of it is damaged in the Musta’ir’s hand (in the Musta’ir’s hand is not a condition), even if it is due to a disaster from his careless actions. This is a total reimbursement (if the damage is total) or a covering of the loss, even if both parties stipulate that there is no covering.

Because based on the hadith narrated by Abu Dawud and others: “Borrowed goods are liable for damage,” meaning: It is borne at the price calculated on the day of damage, not on the day of receipt, in the case of mutagawwam goods, and at the rate of mu’ar mitsli in the case of mu’ar mitsli. This is the view of al-Aujah.

Abdurrahman Al-Ardabili established in the book Al-Anwar, with the stipulation of the obligation to bear the price of Mu’ar, even if the Mu’ar is in the form of mitsil, for example wood and stone.

The damage that must be covered is damage that occurs outside the authorized use of the borrowed item, even if it occurs at the same time as that use. Therefore, if the borrowed item is damaged in whole or in part because it was used in accordance with the permission, for example: If the borrowed item is damaged in whole or in part because it was used in accordance with the permission, for example: riding, loading or using it according to custom, then the borrower is not obliged to bear it, because that is what he was permitted to do.

Likewise, the Musta’ir is not obliged to bear the damage to the goods that he borrowed from the tenant in a valid ijarah, because the Musta’ir is in the position of a substitute for the tenant, where the tenant himself cannot be burdened with responsibility.

Similar to tenants: The person to whom the right of use is delegated, the person to whom the right of use is delegated (mauquf alaih) and the goods borrowed for the purpose of pledging and damaged in the hands of the pledgee (Murtahin): then the Murtahin is not obliged to bear, as well as Rahin.

Similarly, he does not have to bear the cost of damaging a book that was endowed to all Muslims, such as one that was borrowed by a faqih and then damaged carelessly, because it is included in the amount of the Mauquf Alaih.

Branches:

If there is a dispute between the Musta’ir and the Mu’ir as to whether the damage was caused by a permitted use or not, then according to the opinion of AlJalal Al-Bulqini, it is the Mu’ir (the lender) who is justified, because the origin of ‘Ariyah is that there is a responsibility so that there is something that nullifies it.

The Mu’ir is obliged to bear the cost of returning the Mu’ar, to its owner.

It does not include the “cost of return”, which is the cost of the Mu’ar itself: This cost must be borne by the owner: because it belongs to him. Al-Qadhi Al-Husain disagreed with this opinion and said: The cost of the Mu’ar is the responsibility of the Musta’ir.

It is permissible for the Mu’ir and Musta’ir to revoke the ‘Ariyah contract, whether it is absolute or time-limited, even in the case of lending something to plant a corpse before the ground is covered, even after the corpse has been placed in the grave.

It is not permissible to revoke it after the corpse has been buried in the ground and before the body is destroyed. It is not permissible for the Musta’ir to revoke the ariyah contract, even if it is obligatory, such as to place his ex-wife in waiting.

It is not permissible for the Mu’ir to revoke his ariyah contract in the form of a ship, when it is in the middle of the waves and it contains the Musta’ir’s property. Ibnur Rif’ah discussed that in this case, the Mu’ir is entitled to receive a wage.

It is not permissible to borrow a beam that is used to support a wall that is leaning. The Mu’ir is entitled to the wage from the time of revocation.

If a person borrows (land) to build a building or plant a crop, then it is only permissible to do so once.

Therefore, if he has removed the building or cut down the plants, he is not allowed to build and plant again, unless there is a new permit or it has been explained that he may do so a second time.

Some Branches:

If there is a dispute between the owner of an item and its user (Mutasharrif), such as Mutasharrif said, “You lent it to me”, while the owner said, “I rented it at such a cost”, then the Mutasharrif is justified in swearing an oath, if the item is still there and runs for a period worthy of rent, if the period worthy of rent has passed, then the owner of the item must take an oath, then he is entitled to have the rent.

This case is like when a person eats someone else’s food, and he says: “It is permissible for me to eat it,” and the owner denies it.

Or vice versa, as if the Mutasharrif said, “You rented me this much….”, and the owner of the goods said, “No! I am only lending it to you”, while the goods are still there, then the owner of the goods is justified by his oath.

If a person gives another person a shop and some dirhams or land and seeds, and he says: “Trade these dirhams/plant these seeds there!”, then according to the view of al-Aujah: The shop and the land are loans, while the dirhams and the seeds are debts, not grants, contrary to the view of some of the fuqaha’. If there is a dispute, then the giver is justified in his claim about the intention of the gift.

If a person takes a glass from a water cooler in order to drink the water, and after holding it, it falls and breaks, whether he has drunk the water or not, then if he asked for the water for free, then he has to bear the glass, not the water, but if he asked for it by purchase and the water in the glass was as much as the purchase price, then he has to bear the water (because this is an invalid sale and purchase), not the glass (because this is an invalid rental).

If a person borrows a piece of jewelry that he has put on his young daughter, and instructs another person to keep it with him (after he has taken it off her), and he does so (suddenly) the jewelry is stolen by someone, then the owner of the jewelry must compensate the borrower (Musta’ir) and the Musta’ir may compensate the second person (the keeper), if he knew that the jewelry was borrowed.

If he did not know that it was borrowed, and thought that it belonged to the person who gave the order, then he is not obliged to pay for it.

If a person occupies a house for a certain period of time with the permission of the rightful owner, without mentioning the cost, then he does not have to pay the cost of occupation.

Important:

Al-Ubaidi and others said: If a borrowed book is found to be in error, the borrower may not correct it, unless it is a book of the Qur’an, in which case it must be corrected.

Our teacher said: According to the view of the Ittijah, it is not permissible to correct any book other than the Qur’an unless one thinks that the owner is happy with the correction. It is obligatory to correct mistakes in the Qur’an, but only if that does not detract from its merit because it is poorly written. It is also obligatory to correct a waqf book if it has errors in it.

ARTICLE: ABOUT GASAB

Gasab is: Possessing another person’s right, even if it is a benefit, in a way that is not justified, for example: Telling someone who is sitting in a mosque or market to stand up, sitting on someone else’s bedding, even if it is not moved to another place, driving someone out of his own house, even if he does not enter it later, riding on someone else’s vehicle and asking for service from someone else’s slave.

The usurper (Ghashib) is obliged to return the usurped item and bear the damage to the usurped item that has a property value by calculating the highest price from the time of the usurpation until the item is damaged.

Mitsli goods must be covered by returning the mitsli goods wherever they are. Mithli goods are goods that can be measured by measure or scale and are valid as Muslam Fih, for example: Cotton, flour, water, misik oil, copper, dirhams and dinars even if mixed, dates, grapes, dry grains, oil and samin oil.

If it is not possible to recover the mitsli item that was misappropriated, then the misappropriator must pay the highest price from the time the misappropriation took place until the time when the item was misappropriated.

If the mitsli that was misappropriated is damaged, then the owner has the right to demand that the misappropriator restore the mitsli to a place other than the place where the misappropriated item was found, if moving the item (from the place of misappropriation to another place) is not costly and the journey is safe, otherwise he should demand the highest price at the place where the mitsli item was found.

Mutaqawwam goods that are damaged, such as some benefits and animals, must be paid for at their price.

On the basis of mutual consent, the owner of the goods may take the price of the mitsli. If he takes the price, and they (the owner of the goods and the expropriator) meet in the area where the mitsli was damaged, then it is not permissible for them to take back the expropriation (by returning) in the form of the mitsli.

Once it has been obligatory to cover with the mitsli item, then there is no effect on whether the item is expensive or cheap.