Questions on Jurisprudence (Masa'il Fiqhiyya)

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Questions on Jurisprudence (Masa'il Fiqhiyya) Author:
Translator: Dr. Liyakatali Takim
Publisher: Hydery Canada Ltd
Category: Jurisprudence Science

Questions on Jurisprudence (Masa'il Fiqhiyya)

Author: Abdul Husayn Sharafuddeen Al-Musawi
Translator: Dr. Liyakatali Takim
Publisher: Hydery Canada Ltd
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Questions on Jurisprudence (Masa'il Fiqhiyya)

Questions on Jurisprudence (Masa'il Fiqhiyya)

Author:
Publisher: Hydery Canada Ltd
English

www.alhassanain.org/english

Questions on Jurisprudence

(Masa'il Fiqhiyya)

Author (s): al-Imam 'Abd al-Husayn Sharaf al-Din al-Musawi

Translated by Dr. Liyakatali Takim

Published by Hydery Canada Ltd

First Published 1996

www.alhassanain.org/english

Name of Book: Questions on Jurisprudence (Masa'il Fiqhiyya)

Author (s): al-Imam 'Abd al-Husayn Sharaf al-Din al-Musawi

Translated by Dr. Liyakatali Takim

Published by Hydery Canada Ltd, 76 Howden Road, Scarborough, Ontario, Canada M1R 3E4

ISBN 0 9698194 2 0

First Published 1996

Notice:

This version is published on behalf of www.alhassanain.org/english

The composing errors are not corrected.

TABLE OF CONTENTS

Translator's Introduction 7

About the Author 8

CHAPTER ONE: COMBINING THE TWO PRAYERS 9

CHAPTER TWO: IS THE BASMALA A QUR'ANIC VERSE? IS IT TO BE RECITED IN THE PRAYER? 16

The argument of our opponents on the issue 20

Recitation [of the fatiha] in the Prayer 22

Takbirat al-Ihram 27

CHAPTER THREE: THE TAQSIR OF THE TRAVELLER AND HIS IFTAR; THE LEGISLATION OF THE TAQSIR 29

The legislation of iftar (breaking of the fast) 30

The ruling of shortening the prayer (qasr) 30

Our proofs 30

The argument of Shafi'i and those who do not impose the qasr 32

The ruling on breaking the fast (Iftar) 33

The amount of travelling which necessitates the shortening of the prayer and breaking of the fast 35

CHAPTER FOUR: THE MARRIAGE OF MUT'A 37

1- The Essence of this Marriage 37

2: The consensus of the community on its legislation 38

3: Proof from the book on its legislation 38

4: Its legislation according to the text of the sunna 39

5: Those who claim the abrogation and their proofs and a discussion on it 39

6: Those who Deny It 42

7: The view of the Imamis on mut'a 44

CHAPTER FIVE: THE WIPING OR WASHING OF THE FEET IN THE WUDU: 45

The proof of the Imamis 45

A view on the traditions of washing the feet 47

The view on their argument here based on Istihsan 49

Notice 50

To the two anklebones 51

The wiping on the slippers and socks 51

The mash on the turban (`imama) 55

Is there a limit to the wiping on the head? 56

CHAPTER SIX: THE WIPING OF THE EARS AND THE SIX DIFFERENT DERIVATIVES 58

2: Is it sufficient to wash the head instead of wiping it? 58

3: The sequence (tartib) in wudu 58

4: Muwalat (continuance of acts) 59

5. Intention 60

The ablution with nabidh 62

Translator's Introduction

I was first introduced to the Masa'il Fiqhiyya when I was a student in Qumm, Iran. Sayyid 'Ali Asgher Milani, the grandson of the late Ayatullah Milani, gave me a copy of the book and urged me to translate it so as "...to let the world know the truth of the Twelver Shi'i practices."

When I read the book, I was impressed by the author's erudite and academic approach. Although he was dealing with very delicate and sensitive issues regarding Muslim liturgies, he approached them in a non-polemical, non-rhetorical and non-provocative manner. I was also impressed by his copious citations of his sources, in virtually every issue he dealt with.

I decided to translate this book as it deals with questions on ritual issues which Muslims frequently ask about. I believe that both Muslim and non-Muslim scholars of Islam will benefit immensely from the translation of this work especially as many of them are not aware of the genesis of the Twelver Shi'i practices.

Translating a text on Islamic jurisprudence is fraught with difficulties. I have remained as faithful as possible to the original Arabic version. However, where necessary, I have used square brackets to insert words in a sentence so as to facilitate a more meaningful translation in English. The normal brackets have been used to translate or explain Arabic terms.

The translation of this work would not have been possible without the help extended to me by many people. I am indebted to Sayyid Fadhil Milani, Sayyid Muhammad Hussein Jalali and Dr. Mahmud Ayoub for their help in dealing with some difficult parts of the text.

Shaheen Lakhani helped type parts of the text. Hasanain Kara was instrumental in designing the cover of the book. Taha Jaffer and Tehsin Takim both made invaluable contributions towards the final text.

Finally, I am also indebted to my wife, Fatima, and our two children for their sacrifices so that I could devote time to the translation. Needless to say, I am entirely responsible for any errors that may have occurred in this work.

Liyakatali Takim

Toronto, Canada.

May 1996

Dhu'l Hijja 1416

About the Author

Sayyid 'Abd al-Husayn Sharaf al-Din was born in Kadhimiyya, Iraq, in the year 1290 A.H./1872 A.D. He left Lebanon to pursue his studies in Iraq at the age of 17.

Sayyid Sharaf al-Din attained the level of ijtihad (independent reasoning in legal issues) at the age of 32 in the year 1322 A.H., returning to his home in Jabal 'Amil after having been away for fifteen years. He based himself in the city of Sur and became known to his people in a short period of time. Later, the highest ranking religious authority in Lebanon, Sayyid 'Ali al-Amin, authorized him to issue fatawa (juridical rulings).

In addition to his engagement in social work in Sur and Jabal 'Amil, Sayyid Sharaf al-Din continued his efforts writing and publishing. He also struggled for the unity of the Muslims. In the year 1327 A.H. he published al-Fusul al-Muhimah fi Ta'lif al-Ummah, a book which emphasized the necessity to unite the Muslims. In this text, he addressed the disputes and differences between the Shi'is and the Sunnis.

In 1331 A.H., he had the opportunity to implement his views on Muslim unity. He visited Egypt and met Shaykh Salim al-Bishri, the head of al-Azhar. The outcome of their discussions and long correspondence was the book al-Muraja'at, which is highly recognized and circulated in the Muslim world, having been translated into twenty languages. Al-Muraja'at is one of the best known books in Islamic studies due to its objective approach, depth, concise language and the strength of its arguments.

One of the steps he took to unite the Muslim umma was choosing the 12th of Rabi' al-Awal to celebrate the birthday of the Prophet Muhammad rather than 17th of Rabi' al-Awal. He deliberately chose this date because it was the one recognized by the Sunni Muslims, and he wished to bring all the Muslims, Shi'is and Sunnis, closer to each other. After observing this event in his mosque, Sayyid Sharaf al-Din would go the Sunnis to celebrate the occasion with them.

Sayyid Sharaf al-Din died in the year 1377 A.H or 1957 A.D.

CHAPTER ONE: COMBINING THE TWO PRAYERS

There is no difference - between all the Islamic schools of thought amongst the ahl al-qibla - in allowing the combination of the two obligatory prayers, al-zuhr and al-`asr, at `Arafa at the time of the noon (al-zuhr) prayer.Technically, this is [called] jam' al-taqdim (the preceding combination). Similarly, there is no difference between them in allowing the combination of the two obligatory [prayers] - al-maghrib and al-`isha' - at al-Muzdalifa at the time of the `isha' [prayers]. Technically, this is called jam' al-ta'khir (the delayed combination). There is no difference [amongst the scholars] in preferring these two combinations. Indeed, they are amongst the prophetic practices. However, they (the scholars) have differed as to the permissibility of combining the prayers in other instances.

The point of disagreement here is the permissibility of combining two obligatory prayers by performing them together at the time stipulated for one of them either by bringing it forward (taqdiman) as at `Arafa or by delaying it (ta'khiran) like the combination in al-Muzdalifa.

The Imams from the family of Muhammad (S.A.W.) have declared that this is permissible at all times although it is better to separate them. Their followers (Shi`as) have followed them in this [ruling] at all times and places. Most of the time, they combine al-zuhr and al-`asr and [also] al-maghrib and al-`isha', whether they are travelling or at home, whether they have an excuse [to combine] or without an excuse. Jam' al-taqdim and jam' al-ta'khir are equally valid for them [at all times].

As for the Hanafis, they have prohibited the combination [of prayers] absolutely except when combining at `Arafa and al-Muzdalifa. [This is] despite the presence of numerous clear sahih (authentic traditions) which allow the combination, especially when travelling. However, despite the clear [traditions] they interpreted them to refer to an unintentional combination (al-jam' al-suri). The invalidity of this [view] will become clear to you soon, God willing.

As for the Shafi`is, Malikis and Hanbalis, they have allowed it (the combination) when travelling although there are differences between them. Otherwise, they are not allowed to combine except for [genuine] excuses, for example, when there is rain, soil, sickness and fear. There are also differences between them on the conditions which constitute travelling which can be [termed] legal.

Our proofs which we rely on between us and our God, the Almighty, on this and on other issues are the authentic [traditions] from our Imams, peacebe upon them. We shall argue with the masses (jumhur) by referring to their authentic traditions since they clearly point to what we claim.For us, sufficient proofs are [provided by] what the two Shaykhs have reported in the Sahihs. We present to you what Muslim has narrated in his Sahih in the chapter on the combination of prayers when at home. He says:

"Yahya b. Yahya reported: `I read from Malik from b. Abu al-Zubayr fromSa` id b. Jubayr from Ibn `Abbas [who] said: `The Prophet of God (S.A.W.) prayed the zuhr and `asr prayers together and [he also offered] the maghrib and `isha' prayers together even though there was neither any fear nor was he travelling.'"

Muslim said: "And Abu Bakr b. Abi Shayba narrated to us that Sufyan b. `Uyayna reported from `Amr b. Dinar from Abu Sha`sha' Jabir b. Zayd from Ibn `Abbas who said: `I prayed with the Prophet (P) the eight [cycles] (of prayer) together and the seven [cycles] together.' `Amr b. Dinar said: `I said: `O Abu Sha`sha' I think he delayed the zuhr and hastened [to pray] the `asr and he delayed the maghrib and hastened [to pray] the `isha'.' He (Abu Sha`sha') said: `I think so too.'" I (the author) say: "They only follow [their] conjectures, and the conjecture does not lead to the truth."

Muslim said: "Abu al-Rabi`i al-Zahrani said that Hammad b. Zayd reported from `Amr b. Dinar from Jabir b. Zayd from Ibn `Abbas: `Indeed the Prophet of God (P) prayed in Medina the seven and eight cycles, the zuhr and `asr and the maghrib and the `isha' [together].'"

He (Muslim) said: "And Abu al-Rabi`i al-Zahrani told me that Hammad narrated to us from al-Zubayr b. al-Kharit from `Abd Allah b. Shaqiq who said: `One day Ibn `Abbas delivered a sermon to us after the `asr [prayer] until the sun had set and the stars had begun to appear. The people started to say: `The prayer! The prayer!. ' He said: `A man from the Banu Tamim, who was not smiling or inclined [in stature], came to him (Ibn `Abbas) and said: `The prayer!the prayer!.' Ibn `Abbas said: `Do you teach me the sunna O one who has no mother?' Then he said: `I saw the Prophet of God (P) combine the zuhr and `asr and the maghrib and `isha'.' `Abd Allah b. Shaqiq said: `Something about that bothered me, so I came to Abu Hurayra and I asked him about it and he verified his statement.'"

Muslim said: "And Ibn Abi 'Umar told us that Waqi' reported that `Imran b. Hudayr reported from `Abd Allah b. Shaqiq al-`Uqayli that a man said to Ibn `Abbas: `The prayer!', then he kept quiet. Then he said: `The prayer!' then he kept quiet. Then he said: `The prayer!' and he kept quiet. Ibn `Abbas said: `You have no mother! Do you teach us about the prayer, we used to combine the two prayers in the time of the Prophet of God (P)'".

I (the author) say: Al-Nasai narrated from `Amr b. Harm from Abu Sha`sha' that Ibn `Abbas prayed the zuhr and `asr in Basra without any interval between them. He did that as he was busy, he reported it from the Prophet (P).

Muslim said that Ahmad b. Yunus and `Awn b. Salaam both told us from Zuhayr. Ibn Yunus said that Zuhayr narrated that Abu al-Zubayr reported fromSa` id b. Jubayr from Ibn `Abbas who said: "The Prophet of God (P) prayed the zuhr and `asr together in Medina when there was neither fear nor [was he] travelling." Abu al-Zubayr said: "I askedSa` id: `Why did he do that?' He replied: `I asked Ibn `Abbas just as you have asked me. He said: `He did not wish to impose any difficulty on anyone in his community.'"

Muslim said: "And Abu Bakr b. Abu Shayba and Abu Karib reported to us, they said: `Abu Mu'awiya, Abu Karib and Abu Sa`id al-Ashaj said (and the words are of Abu Karib) that they (Abu Karib and Abu Sa'id) said that Waqi' and Abu Mu`awiya said, both of them [reporting] from al-A`mash from Habib b. Abu Thabit from Sa'id b. Jubayr from Ibn `Abbas who said: `The Prophet of God (P) combined the zuhr and `asr and the maghrib and `isha' [prayers] in Medina even though there was neither fear nor rain.'"

He (Muslim) said: "In the tradition of Waqi`i he said: `I asked Ibn `Abbas: `Why did he do that'? He said: `So that he should not [impose a] burden on his community.'" And, [according to] the hadith of Abu Mu`awiya, Ibn `Abbas was asked: "What didhe intend by that?" He said: "He did not wish to impose difficulty on his community."

Muslim said: "Yahya b. Habib al-Harithi said that Khalid b. al-Hirth said that Qurra b. Khalid said that Abu al-Zubayr told us that Sa`id b. Jubayr reported that Ibn `Abbas said: `Indeed the Prophet of God (S.A.W.) combined the prayers when on a journey he was undertaking in the battle of Tabuk, he combined the zuhr and `asr and the maghrib and `isha.'"Sa` id said: `I asked Ibn `Abbas: `What made him do that?' He replied: `He did not wish to burden his umma.'"

Muslim said: "Yahya b. Habib said that Khalid b. al-Hirth told us that Qurra b. Khalid narrated that Abu al-Zubayr said that `Amir b. Wa'ila Abu al-Tufayl reported that Mu`adh b. Jabal said: `In the battle of Tabuk, the Prophet of God (P) combined the zuhr and `asr and the maghrib and `isha' [prayers].' He said: `I asked: `What made him do that?' He (Mu'adh) said: `He did not wish to burden his community.'"

I (the author) say: These authentic traditions are clear as to the reason for the legislation of combining [the prayers] - all [indicate] to give respite to the community, so as not to burden it with separating [the prayers], [thereby] having mercy on the diligent ones who [comprise] most of the people. The last two traditions - the hadith of Mu`adh and the one before it - are not restricted to the specific situation - I mean travelling - since the reason for combining [the prayer] in them (the two traditions) is general. It is not the journey per se, nor for sickness, rain, soil and fear per se.Rather , it is a general [ruling] which can be applied in any specific case. So it is not restricted to it, rather, it is applicable to all occasions. Due to that you see that Imam Muslim did not mention the [last] two traditions in the chapter on "combining [the prayer] when travelling," since they are not restricted to it. Rather, he cited the traditions in the chapter on the "combination [of prayer] when at home" so that they can be a proof for the permissibility of combining [the prayers] at all times.This is [based upon] his understanding, knowledge and justice.

His (Muslim's) sahih hadiths on this issue and those which you have heard and not heard are all according to the conditions stipulated by al-Bukhari. The transmitters in their isnads have all been used by al-Bukhari in his Sahih, so I wonder what prevented him (al-Bukhari) from mentioning all of them (the traditions) in his Sahih? What led him to reduce them to a negligible portion? Why did he not append a chapter in his book on the combination [of prayer] when at home or when travelling? Given the abundant sahih hadiths - according to the conditions stipulated by him - which are available on the combination [of prayers] and given that, on the whole, most of the Imams do accept it (the combination), why did he select those traditions on combining which have the least [impact] in pointing to it (the combination of prayer)? Why did he insert them in a chapter which could alter its (intended) meaning? I consider al-Bukhari above and exclude him from being like those who alter words from their intended meanings, or like those who hide the truth even though they may know it.

I present to you what he has selected on this topic and has inserted at an improper place. He says in the chapter on the delaying of the zuhr prayer until the [time of] `asr in the book of the timings of prayers in his Sahih: "Abu Nu`man narrated to us that Hammad b. Zayd told him from `Amr b. Dinar who reported from Jabir b. Zayd on the authority of Ibn `Abbas who said: `The Prophet (P) prayed in Medina the seven and eight [cycles] of the zuhr and `asr and the maghrib and `isha.' Ayyub said: `Perhaps it was a rainy night.' He said: `Maybe.'" I (the author) say: they only follow conjectures.

He (al-Bukhari) also reported in the chapter on the time of themaghrib from Adam: He said: "Shu`ba told us: ``Amr b. Dinar reported: `I heard Jabir b. Zayd reporting from Ibn `Abbas who said: `The Prophet (P) prayed the seven [cycles] together and the eight [cycles] together.'"

And he reported with an incomplete chain of transmission (arsala) in the chapter on remembering the `isha' and darkness from Ibn `Umar, Abu Ayyub and Ibn `Abbas that the Prophet (P) prayed the maghrib and `isha' - that is he combined them at the time of one of them at the expense of the other.

This is a very small portion from a large number of authentic traditions on the combination [of prayers] which are sufficient to prove what we maintain, as is obvious. This is supported by what [is reported] from Ibn Mas`ud when he said: "The Prophet (P) combined - in Medina - the zuhr and `asr and the maghrib and `isha' and this [fact] was mentioned to him. He (the Prophet) said: "I did this so that my umma should not be burdened." Al-Tabrani has reported this.

It is reported from `Abd Allah b. `Umar when it was said to him: "Did you not see the Prophet (P) combine the zuhr and `asr and the maghrib and `isha' prayers whilst he was staying [in town], not travelling?" He replied saying: "He did that so as not to impose a burden on his community."

In short, there are, among all the `ulama' of the masses, those who say that it is permissible to combine and those who do not say it; they ratify the authenticity of these traditions and their apparent import. This is what we say, that it is allowed [to combine] in all cases. Refer, if you wish, to what they have appended to it so that it may be clear to you.

Yes, they have interpreted the traditions in accordance with their schools of thought. They were bemused by their interpretation, like one who is in the total darkness of the night. It is sufficient for you to note what al-Nawawi has related from them in his comment on these traditions in his commentary on the Sahih of Muslim. He says, after considering the apparent meaning in [the traditions on] combining [the prayers] at home: "The `ulama' have [differing] interpretations and views on this, some of them interpreted the combination [of prayer] due to rain". (He said): "This is the famous [opinion] from the prominent erstwhile scholars (al-kibar al-mutaqaddimun)." (Al-Nawawi said): "It (the opinion of the `ulama') is weak due to the second narration (riwaya) from Ibn `Abbas [which states the Prophet prayed together] without fear or rain." (Al-Nawawi said): "Some of them have interpreted that it was due to cloudiness, and that he (the Prophet) prayed the zuhr then the clouds cleared and it became apparent to him that the time for the `asr prayer had set in so he offered it at that time." (He said): "This is also not valid for [although] it may be remotely possible for the [prayers of] zuhr and `asr , it is not possible [for it to have occurred] at the [time of] maghrib and `isha'." (Al-Nawawi said): "Among them are those who have interpreted it as referring to the delaying of the first [prayer] to it's latest time for offering it so he offered it at the last [possible] time and when he had finished it (al-zuhr) the time for al-`asr had entered so he offered it at that time hence, the combination of the two prayers was not intended." (He said): "This is a weak [argument] too or it is invalid as it is completely opposite to that which is apparent, it is not possible [to admit it]." (Al-Nawawi said): "The act of Ibn `Abbas when delivering a sermon and the fact that people called out to him `the prayer! the prayer!' and his not paying heed to them, his deriving proof from a hadith to justify his act of delaying the maghrib to the time of `isha' and his combining them at the time of the second [prayer] (`isha') and Abu Hurayra's verification of him and his not disapproving it is clear in refuting this interpretation."

I say: Ibn `Abd al-Barr and al-Khattabi and others have refuted him, saying that the combination is a dispensation (rukhsa). If it (the combination) is not intended then it would be most difficult to undertake every prayer at its [specified] time since the beginning and end of the [prayer] times are things which many specialists are not aware of, let alone the general masses. (They said): "Amongst the proofs that the combination is a dispensation is the saying of Ibn `Abbas: `He did not wish to impose a burden on his community.'" (They said): "Also, the clear reports on the combination of two mandatory [prayers] is only to undertake them together at the time [assigned] for one of them rather than the other, either by bringing forward (al-taqdim) the second one from its appointed time and offering it with the first one at it's time or by delaying the first one from it's appointed time to the time of the second one and offering them together at that time." (They said): "This is what immediately comes to mind by the general usage of the word combining (al-jam`) in all thesunna , and this is the point of dispute."

(Al-Nawawi said): "Amongst them are those who have interpreted [the traditions] claiming that the combination was due to an excuse like sickness or something like it in meaning." (He said): "This is the view of Ahmad b. Hanbal and the Qadi Husayn amongst our companions. Al-Khattabi, al-Mutawalli and al-Ruwyani from our companions have [also] chosen it and this is the chosen interpretation as it is the apparent [meaning] of the traditions."

I say: There is no apparent [meaning] in the traditions and no remote proof forit, it is an arbitrary judgement as al-Qastalani in his commentary on the Sahih of al-Bukhari has admitted.

Some of the eminent scholars have followed it up by saying: "It has been stated that the combination [of prayers] was due to illness," al-Nawawi has supported this view. However, there is an objection to it since if the [prayers] were combined for illness then only those who were ill would have prayed with him (the Prophet). It is apparent that he (P) combined [the prayers] with his companions, this is what Ibn `Abbas clearly announced in a tradition which has been established from him.

I say: When the authentic traditions on combining [the prayers] do not have an interpretation which the `ulama [uniformly] accept, a group of the masses have reverted to a position which is close to our opinion on the issue though they did not [even] intend to do so. Al-Nawawi mentioned them after [citing their] false interpretations as you have read. He further states: "A group of the Imams have allowed the combining of prayers when at home for a need if one does not become habituated to it (the combination). This is the view of Ibn Sirrin and Ashhab amongst the companions of Malik. Al-Khattabi has reported it from al-Qaffal al-Shashi al-Kabir from the companions of al-Shafi`i, and from Ibn Ishaq al-Maruzi and from a group of hadith transmitters. Ibn al-Munzir has [also] chosen this opinion." Al-Nawawi [further] said: "This view is supported by the apparent [meaning] of Ibn `Abbas' saying: `He did not wish to burden his community', he was not afflicted by sickness or by anything else, and God knows this matter best." More than one of their prominent scholarshave stated this. Perhaps in this era, their researchers are in agreement with our views, as more than one of themhave told me. However, they do not dare to openly declare that to the public. Perhaps caution prevents them [from doing that]. There is no difference of opinion on separating the prayer, it is better [to separate] as opposed to combining where there is a difference of opinion. However, it has escaped their notice that separating [the prayers] could lead to many busy people abandoning the prayer as we have sometimes seen whereas combining [the prayers] is the best [solution] to ensuring they are undertaken. Therefore, it is more prudent for the jurists to issue a juridical verdict to the people to combine [the prayers] and they should make things easy, not difficult - for Allah wishes ease not hardship for you - He has not made religion a burden for you. The proof that combining [the prayers] is permissible at all times is available, thanksbe to God, it is a correct sunna, enunciated as you have read. Rather, it is a clear, written and fixed prescription. Do not be inattentive, I will relate to you the clear [verses] so that it will become clear that the times of the obligatory prayers are only three: the time of the two obligatory prayers, al-zuhr and al- `asr, which are shared between them, and time of the two obligatory prayers al-maghrib and al-`isha' which are also shared between them and the third is the obligatory morning prayer especially fixed; so hear it and remain silent. (Undertake the prayer at the time of the declining sun to the darkness of the night and the morning recitation; for indeed the morning recitation is witnessed 17:78).

Imam Razi has said about it's interpretation in the chapter of Isra' (chapter 17) page 428 in the fifth volume of his Tafsir al-Kabir: "If we interpret the ghasaq (darkness) as being the time when darkness first appears then the [term] ghasaq refers to the beginning of al-maghrib. On this basis, three timings are mentioned in the verse: "the time of noon, the time of the beginning of al-maghrib and the time of al-fajr." (Al-Razi said): "This requires that noon be the time of al-zuhr and al-`asr, this time is shared between these two prayers. The time of the beginning of al-maghrib is the time for al-maghrib and al-`isha' so this time is also shared between these two prayers." (He said): "This requires allowing the combining between al-zuhr and al- `asr and between al-maghrib and al-`isha' at all times." (Al-Razi said): "However, there is proof to indicate that combining [the prayer] whilst at home without any excuse is not allowed. This leads [to the view] that the combining be allowed when travelling or [when there is] rain etc.."

I say: We have examined the discussion on what he has mentioned concerning the proofs that combining [the prayer] whilst home without any excuse is not allowed and we have not found - God is our witness - a trace or relic for it. Yes, the Prophet (P) used to combine [the prayer] when he had an excuse just as he used to combine when there was no excuse so that his community would not be burdened. There is no dispute that the separation [of prayer] is better therefore the Prophet of God (P) would prefer it except when there was an excuse as was his habit in all the recommended [practices], peace be upon him and his family.