Alhassanain(p) Network for Heritage and Islamic Thought

The ‘Id Prayers

The schools differ concerning the prayers performed on the two ‘Ids (festivals), al-Fitr and al-’Adha, as to whether they are obligatory (wajib) or recommended (mustahabb). The Imamis and the Hanafis observe: It is wajib for every individual if the conditions mentioned in Friday prayer are fulfilled. If some or all of these conditions do not exist, there is no obligation in the opinion of the two schools, except that the Imamis add:

In the absence of conditions necessary for its wujub, one can perform it as mustahabb either singly or in jama’ah, during both journey and stay.

According to the Hanbalis it is fard kifa’i. The Shafi’is and the Malikis consider it a highly recommended practice (sunnah mu’akkadah).

In the opinion of the Imamis and the Shafi’is its time is from sunrise until the sun crosses the meridian. According to the Hanbalis, its time is from when the sun rises to the height of a spear until it crosses the meridian.

The Imamis say: Delivering of two sermons is wajib here as in the Friday prayer. The other schools consider it as mustahabb. All the schools concur that the sermons are to be delivered after the salat, as against the Friday prayer, in which they are delivered earlier.

According to the Imamis and the Shafi’is it can be validly performed individually as well as in jama’ah. The other schools consider perfoming in jama’ah is necessary for salat al-’ld.

As to the mode of its performance, it comprises two units (rak’ahs) performed differently by the various schools in the following manner:

The Hanafis

Takbirat al-ihram will be said after making the niyyah, followed by the praise of God. Then will follow three more takbirahs, with an interval of silence equaling three takbirahs, and it is also correct to say:

سبحان الله والحمد لله ولا إله إلاّ الله والله أكبر

"Subhana Allahi wa alhamdu lillahi wa la ilahailla Allah wa Allahu Akbar".

Then will follow the recital of Surat al-Fatihah, another surah, then ruku’ and sujud, in that order. The second rak’ah will begin by reciting Surat al-Fatihah, which will be followed by another surah, three takbirahs, ruku’ and sujud. After this the salat will be completed.

The Shafi’is

After saying the takbirat al-ihram, the Du’a’ al-Istiftah1 will be recited, followed by seven takbirahs, reciting after every two of them in a low voice:

سبحان الله والحمد لله ولا إله إلاّ الله والله أكبر

"Subhana Allahi wa alhamdu lillahiwa la ilaha illa Allah wa Allahu Akbar”;

then after ta’awwudh

اعوذ بالله من الشيطان الرجيم

(A’udhubillahi mina al-shaitani al-Rajeem ), al-Fatihah and Surat Qaf will be recited, followed by ruku’ and sujud.

After standing up for the second rak’ah and saying a single takbirah for it, five more takbirahs will be added, reciting after every two of them:

سبحان الله والحمد لله ولا إله إلاّ الله والله أكبر

"Subhana Allahi wa alhamdulillahi wa la ilaha illa Allah wa Allahu Akbar".

This will be followed by al-Fatihah and Surat Iqtarabat, and then the salat will be completed.

The Hanbalis

The Du’a’ al-Istiftah will be recited followed by six takbirahs reciting after every two of them in a low voice:

الله أكبر كبيراً، والحمد لله كثيراً، وسبحان الله بكرة وأصيلاً، وصلّى الله على محمد وآله وسلم تسليماً

"Allahu akbaruKabeera, wa alhamdu lillahi katheera, wa subhana allahi bukratan waaseela, wa salla allahu ala Muhammadin wa alihi wa sallama tasleema".

This will be followed by ta’awwudh, basmalah, al-Fatihah and Surat Sabbihisma Rabbik.

The rak’ah will be then completed. Upon standing up for the second rak’ah, five takbirahs, apart from the takbirah for the qiyam, will be said, reciting after every two of them what was mentioned concerning the first rak’ah. Then the basmalah will be followed by Surat al-Ghashiyah and ruku’ and the salat will then be completed.

The Malikis

After the takbirat al-ihram, six more takbirahs will be said, followed by al-Fatihah, Surat al-A’la, ruku’ and sujud. Then standing up for the second rak’ah and saying the takbirah for it, five more takb’irahs will be said, followed by al-Fatihah, Surat al-Shams or a similar surah; the salat will then be completed.

The Imamis

The takbirat al-ihram will be followed by al-Fatihah and another surah. Then five takbirahs will be said with qunut (raising and holding hand in front of body for supplication) after each of them, then ruku’ and sujud will follow. After standing up for the second rak’ah, al-Fatihah and another surah will be recited, followed by four takbirahs, each of them followed by qunut. Then the ruku’ will be performed and the salat completed.

Notes

1. According to the Sunni schools, Du’a al-Ifititah or Du’a al-Istiftah is:

سبحانك اللّهم وبحمدك وتبارك اسمك وتعالى جدّك ولا إله غيرك

The Prayer of the Eclipses

The four Sunni schools observe: The solar- and lunar- eclipse prayer is an emphasized sunnah, but not wajib.The Imamis state: It is obligatory for every mukallaf (sane mature person).

It does not have a special form in the opinion of the Hanafis; rather it is to be performed in two rak’ahs like a nafilah prayer, each rak’ah comprising a single qiyam and ruku’. The musalli is free to perform it in two, four, or more rak’ahs.

According to the Hanbalis, Shafi’is and Malikis, it has two rak’ahs, with each rak’ah having two qiyams and two ruku’s. After the takbirat al-ihram, al-Fatihah and another surah will be recited, followed by ruku’: After rising from the ruku’al-Fatihah and another surah will be recited, followed by ruku’ and sujud. Then standing up for the second rak’ah, it will be performed like the first, and the salat completed. It is also valid to perform it in the manner of a nafilah salat.

There is consensus that it can be performed singly as well as in jama’ah, except that the Hanafis observe regarding the lunar eclipse prayer: It has not been enacted for jama’ah, and has to be performed singly, at home.

As to its time, all the schools excepting the Malikis concur that it begins and ends with the eclipse. The Malikis say: Its time begins when the sun is at a spear’s height above the horizon and continues until noon.

The Hanafis and the Malikis say: A two-rak’ah salat is recommended at the time of any fearsome incident, such as an earthquake, thunderbolt, unusual darkness, epidemic, etc.

According to the Hanbalis, it is recommended only for earthquakes. The schools concur that this salat does not have an adhan and Iqamah, though an announcer will call out "al-salat” three times according to the Imamis, and "al-salat jami’ah” according to the other schools.

The Imamis observe: The salat is wajib upon every individual during solar and lunar eclipses, earthquakes, and on the occurrence of all unsettling celestial phenomena such as the sky’s darkening or becoming extraordinarily red, strong winds, big sounds, etc.

If performed in jama’ah, the imam will recite only the surahs on behalf of those following him, just as in the daily prayers.The time for performing the salat for solar and lunar eclipses is the period of their occurrence, and one who does not perform them at that time will perform them later as qada’.

There is no specific time for salats to be performed consequent to earthquakes and similar fearsome incidents; rather, it is wajib to perform these salats as soon as they occur, though in the event of delay they can be performed as ada’ as long as one is alive.

Its mode of performance is that after takbirat al-ihram, al-Fatihah and another surah are recited, followed by ruku’. Upon rising from the ruku’, al-Fatihah and a surah will be repeated, followed again by ruku’. This will continue until five ruku’s are performed, and they will be followed by two sajdahs. On standing up for the second rak’ah, al-Fatihah and another surah will be recited, followed by a ruku’; this will be repeated till five ruku’s are performed in the second rak’ah as well. Then will follow two sajdahs, tashahhud, and tasleem.

Thus altogether there are ten ruku’s, and every five of them is followed by two sajdahs, both in the first and the second rak’ahs.

Prayer For Rain

Prayer for rain (salat al-’istisqa’) has been expressly mentioned in the Qur’an and the Sunnah, and there is consensus concerning it. God Almighty says:

وَإِذْ اسْتَسْقَى مُوسَى لِقَوْمِهِ ...

When Moses prayed for water for his people,... (Qur’an 2:60)

فَقُلْتُ اسْتَغْفِرُوا رَبَّكُمْ إِنَّهُ كَانَ غَفَّاراً * يُرْسِلْ السَّمَاءَ عَلَيْكُمْ مِدْرَاراً

And I said: ‘Ask forgiveness of your Lord; surely He is ever All-forgiving, and He will loose heaven upon you in torrents. (Qur’an 71:10-11)

A tradition reports that once when the people of Madinah were facing drought and the Prophet (S) was delivering a sermon, a man stood up and said: "Horses and women have perished. Pray to God to give us rain.”The Prophet (S) extended his hands and prayed.

Anas narrates: "The sky was (clear) like a piece of glass. Then the wind began to blow. The clouds emerged and gathered and the sky poured forth its blessings. We went forth wading through the pools till we reached our homes. It continued to rain till the next Friday, and the same person stood up again and said: ‘O Prophet of Allah, houses have fallen and the caravans have been detained. So pray to God to stop it’. The Prophet (S) smiled and then said: ‘O God, make rain around us, not upon us.’ Then I looked at the sky and saw it (i.e. the clouds) split and form a garland around Madinah."

The occasion for this salat is drought, scanty rainfall, and drying up of springs. The schools concur that if rain is delayed even after performing the salat, it is mustahabb to repeat it. If it is preceded by three days of fasting and the people go forth on foot, in a humble and supplicating manner, accompanied by their women and children, their elderly, men and women, and cattle, it will be more conducive for invoking Divine mercy.

There is consensus that it is valid to perform it individually as well as in jama’ah, and that it does not have an adhan and iqamah; it is mustahabb for the imam to deliver a sermon after the salat. As to its mode, the schools concur that it comprises two rak’ahs to be performed like the two rak’ahs of salat al-‘id in accordance with what each school specifies in that regard. The Malikis and the Hanafis say: It is like salat al-‘Id though without the additional takbirat.

The Imamis observe: It is mustahabb after every takbirah to recite qunut imploring the mercy and blessing of God and seeking rainfall.

The four Sunni schools state: This kind of supplication will be mentioned by the preacher after the salat during the sermon, not in the salat itself.

Salat al-Qada’

There is consensus among the schools that it is wajib to perform qada' of every obligatory salat omitted either intentionally, or on account of forgetfulness, ignorance or sleep, and that there is no qada’ for a woman for the prayers left during hayd and nifas, because salat is not wajib during these periods. The schools differ regarding one who is insane, unconscious or intoxicated.

The Hanafis state: Qada’ is wajib upon one who loses his senses by consuming a haram intoxicant, such as wine or something of its kind. As to someone insane or in a swoon, he is not required to perform salat in the following two situations: firstly, if the state of swoon or insanity continues for a period exceeding five salats (hence if it lasts for less than that period the person should perform its qada.'); secondly, if the recovery from insantiy or swoon does not occur at the time of salat (hence if he recovers and does not perform the salat its qada’ will be wajib upon him).

The Malikis are of the opinion that an unconscious or insane person has to perform qada’. An intoxicated person will perform qada’ if the cause of intoxication is the drinking of something haram; but if it is something halal (such as sour milk) there is no qada’ for it.

According to the Hanbalis, an unconscious person and one intoxicated by something haram will perform qada’, though an insane person is not required to do so.

The Shafi'is state: An insane person whose state of insanity extends over the entire period of salat will not perform its qada’. The same applies to one in a swoon or one intoxicated, provided he is not responsible for his state.

The Imamis consider it wajib for anyone who has consumed an intoxicant to perform qada’, irrespective of whether he drinks it knowingly or unknowingly, voluntarily or out of an exigency or under duress. As to an insane person and one in a swoon, they have no qada’ to perform.

The Mode of Performing Qada’

The Hanafis and Imamis observe: A person who has omitted an obligatory salat will perform its qada’ exactly in the manner he would have performed it ada’. Hence if a person with an outstanding complete salat intends to perform it during journey, he should perform it completely, and one performing a qasr prayer as qada’ at home will perform it qasr. Similar is the rule respecting recital in a high or low voice. Hence if maghrib and 'isha’ prayers are performed qada’ during daytime, their recital will be loud, and in the qada’ of zuhr and 'asr prayers during night the recital will be in a low voice.

The Hanbalis and the Shafi'is state: The one who intends to perform the qada’ of a qasr prayer during journey will perform it qasr in accordance with the salat missed by him. But if he happens to be staying (hadr), it is wajib upon him to perform it complete as qada’. This was with respect to the number of rak’ahs.

As to its recital in a high or low voice, the Shafi'is say: The one who performs the qada’ of zuhr at night will recite in a loud voice and one performing qada’ of maghrib during daytime will do so in a low voice. The Hanbalis require all qada’ prayers to be recited in a low voice, irrespective of their being those that are recited in a high voice or low, and regardless of whether the qada’ is performed during daytime or at night, except where the person performing it is an imam and the salat is one which is recited in a high voice and it happens to be nighttime.

The schools, excepting the Shafi'i, concur that sequence should be maintained in the performance of the prayers missed. Thus the qada’ of one missed earlier will be performed before the qada’ of one missed later. Hence if maghrib and ‘isha’ prayers are missed, the former will be offered before the latter, as is the case while performing them ada'.

According to the Shafi'is, the maintaining of sequence in prayers missed is sunnah and not wajib. Hence the salat of a person who performs the ‘isha’ prayer before the maghrib prayer is valid.

Proxy for Acts of Worship

There is a general consensus that appointing a proxy for carrying out prayers and fasts for a living person is not valid in any situation irrespective of whether he is capable or incapable of performing them himself. The Imamis state: It is valid to appoint a proxy for carrying out fasts and prayers on behalf of a dead person. The four Sunni schools observe: It is not valid in the case of a dead person, in the same manner as it is not valid for a living one.

The schools concur that appointing a proxy for Hajj is valid in the case of a living person provided he is incapable of performing it himself, and with greater reason in the case of a dead person. An exception are the Malikis who say: The appointing of a proxy, both for a living or a dead person, is of no consequence.

The Imamis are alone in observing that it is wajib for a child to perform the qada’ of the fasts and prayers left unperformed by its father. But they differ among themselves, and some of them state: It is wajib to perform all that which has been missed by the father, even if intentionally. Others say: It is necessary to perform the qada’ of only those acts which he has been unable to perform due to illness or some similar cause. There are others who observe: Nothing except that which has been missed by him during death-illness is to be performed as qada’ by the child. According to some others, the qada’ of the mother will also be performed by the child in the same manner as that of the father.

Salat al-Jama'ah

The Muslims are one voice regarding salat al-jama’ah (congregational prayer) being a ceremony and symbol of Islam. It was performed perpetually by the Prophet (S) and by the Caliphs and the Imams after him. The schools differ as to whether it is wajib or mustahabb.

The Hanbalis state: It is wajib upon every person capable of it. But if he forsakes the jama’ah and prays individually, his salat will be valid, though he will have sinned.

The Imamis, Hanafis, Malikis and most Shafi'is observe: It is neither wajib individually ('ayni) nor collectively (kifa’i) but is an emphasized mustahabb.

According to the Imamis, the Shari'ah has ordained jama’ah only for wajib, not for mustahabb prayers, except istisqa’ and ‘idayn prayers despite the absence of its conditions. The four schools consider it ordained for both wajib and mustahabb prayers.

Conditions for Jama'ah

The following conditions have been laid down for the validity of jama’ah:

1. Being a Muslim. There is a consensus about it.

2. Sanity. They concur regarding it.

3. According to the Imamis, the Malikis and the Hanbalis, in one of the two opinions narrated from Imam Ahmad, ‘adalah (i.e. 'justice' of the imam ) is necessary. The Imamis cite as their evidence the Prophet's statement, "A woman will not act as an imam for a man, nor a fajir (a libertine) for a believer", the consensus of the Ahl al-Bayt ('a), as well as the reason that the imamah in salat is suggestive of leadership, and a fasiq is not competent to assume it under any circumstance. But they also observe: If a person were to trust someone and pray behind him, later coming to know that he is a fasiq person, it is not wajib upon him to repeat the prayer.

4. Being a male is necessary, and a woman cannot act as an imam for men, though other women can follow her as their imam according to all the schools except the Malikis who say: A woman cannot act as an imam even for women.

5. The Malikis, Hanafis and Hanbalis consider maturity as a requirement for the imam. The Shafi'is are of the opinion that it is valid to follow a child of discriminating age (mumayyiz). The Imamis have two opinions; in accordance with the first, maturity is necessary, and according to the second the imamah of an adolescent mumayyiz is valid.

6. As per consensus, the minimum number of persons required for jama’ah is two, one of them being the imam; this does not include the Friday prayer.

7. The ma’mum should not stand ahead of the imam, in the opinion of all the schools except the Malikis, who observe: The salat of the ma’mum will not be invalid even if he stands ahead of the imam.

8. The jama’ah should be conducted in a single place and there should be no partitions. The Imamis state: There should not be an unusual distance between the ma’mum and the imam without there being a connection through the continuity of the rows. The jama’ah is not valid if there exists between the imam and a male ma'mum an obstacle which prevents the latter from seeing the imam or seeing those ahead of him who see the imam. Women are excepted, and they can follow a male imam despite the presence of a partition provided the acts of the imam are not uncertain for them.

The Shafi’is observe: A distance of more than 300 cubits between the imam and the ma’mum is not objectionable provided there exists no obstacle.

The Hanafis are of the opinion that if a person whose house adjoins a mosque follows the imam from his house with only a wall separating them, his salat will be valid, provided the actions of the imam are known to him. But if the house and the mosque are separated by a road or stream, following the imam is not valid.

The Malikis state: The difference of place does not preclude the validity of following the imam; hence if the imam and the ma’mum are separated by a road, stream or wall, the salat will be valid as long as the ma’mum is capable of ascertaining the acts of the imam.

9. There is consensus that it is necessary for the ma’mum to make the niyyah of following the imam (niyyat al-'iqtida’).

10. The identity of the salat of the ma’mum and the imam. The schools concur that following the imam is not valid if the two salats differ in their arkan and af’al (acts) (such as the daily prayers as compared to the salat of funeral or ‘id), they differ regarding the remaining matters.

The Hanafis and the Malikis observe: It is not valid for a person offering zuhr prayer to follow one offering ‘asr, and for one offering qada’ to follow someone offering ada’, and vice versa.

The Imamis and the Shafi'is consider all these as valid. The Hanbalis consider it invalid to offer zuhr prayer behind someone offering ‘asr and vice versa, but they consider valid the offering of zuhr prayer as qada’ behind someone performing it ada’.

11. The qira'ah of the imam should be perfect. Hence the schools concur that it is not valid for a person knowing qira'ah to follow one who does not know it, and if he does so his salat will be invalid. According to the Hanafis, the salat of both the imam and the ma'mun will be invalid; and they have a sound ground for holding the opinion that an illiterate person should follow, as far as it is possible, someone whose recital is correct, and it is not valid for him to pray singly where he can pray with a correct qira'ah by attending a jama'ah.

Following the Imam

There is consensus that one praying with wudu’ can follow an imam who prays with tayammum and that it is obligatory for the ma'mun to follow the imam in the recital of the adhkar such as:

سبحان ربّي العظيم،سبحان ربّي الأعلى، سمع الله لمن حمده

They differ concerning following him in the qira’ah.

The Shafi'is observe: The ma’mum should follow the imam in the salats that are recited silently and not in those that are recited loudly, and it is wajib for him· to recite al-Fatihah in all the rak’ahs.

The Hanafis state: He should not imitate the imam either in the salats where the qira’ah is silent nor in those where it is loud; rather, it has been narrated from Imam Abu Hanifah that the qira'ah of a ma’mum behind the imam is a sin (al-Nawawi, Sharh al-Muhadhdhab, vol. 3, p. 365).

According to the Malikis, the ma’mum should perform the qira’ah in the salats where it is silent, not in the salats where it is loud.

The Imamis do not consider it wajib (for the ma’mum) to perform qira’ah in the first two rak'ahs, but consider it wajib in the third rak'ah of maghrib prayer and the last two rak'ahs of the four-rak'ah prayers.

All the schools concur concerning the wujub of following the imam’s actions by the ma'mun, but differ in their interpretation of the term ‘following’ (mutaba’ah).

The Imamis state: The meaning of mutaba’ah is that every act of the ma’mum should neither precede the corresponding act of the imam nor follow it after an inordinate delay; rather it should be either simultaneous or follow it with a small lag.

In the opinion of the Hanafis, mutaba’ah is achieved by performing simultaneously or immediately afterwards or with some lag, the acts performed by the imam. Hence if the ma’mum performs ruku’ after the imam has raised his head from the ruku’ but before his going down for sajdah, he will be considered as having 'followed' the imam in the ruku’.

The Malikis say: The meaning of mutaba’ah is that every act of the ma’mum should take place after the corresponding act of the imam without preceding it or occurring simultaneously with it or following it after excessive delay, so that the ma’mum will perform ruku’ before the imam has raised his head from it.

The Hanbalis are of the opinion that mutaba’ah implies that the ma’mum should neither precede the imam in any of the acts of salat nor delay any act after the imam has performed it. Hence the ma’mum should not enter ruku’ after the imam has finished it, and the imam should not have ended the ruku' before the ma’mum has entered it.

Joining the Jama'ah in the Middle

If a person joins the jama’ah after the imam has finished one or more rak'ahs, the schools concur that he will make the niyyah for jama’ah and continue to perform it with the imam. But the question is whether he will consider the rak'ahs being performed along with the imam as the initial part of his salat or the end part of it. For example, if he performs only the last rak'ah of maghrib prayer with the imam, there remain two more rak'ahs which have to be performed; now, will the third rak'ah which he has performed with the imam be considered his third rak'ah as well with the first two rak'ahs remaining to be performed, or will it be considered his first rak'ah, with the second and the third rak'ahs remaining to be performed?

The Hanafis, Malikis and Hanbalis observe: The part of the salat which the ma'mum performs with the imam will be considered the end part of the former's salat. Therefore if he performs only the last rak'ah of maghrib prayerin in jama’ah, it will be considered his last rak'ah as well, and he will perform after it a rak'ah in which he will recite al-Fatihah and another surah, followed by tashahhud, and in the next rak'ah, al-Fatihah and a surah. To put it briefly, in such a situation he will offer the third rak'ah before the first two rak'ahs by considering the part of his salat performed with the imam as the end part, and the part performed without the imam as the initial part.

The Shafi'is and the Imamis state: The part of the salat which the ma'mum performs with the imam will be considered the initial part of his salat, not the end part of it. Hence if he performs the last rak'ah of maghrib prayer with the imam, he will count it as his first rak'ah and will stand up for performing the second rak'ah, which will include tashahhud, and will follow it up with the third rak'ah that will be the end part of his salat.

Preference for the Imamah

The Hanafis say: If equally qualified men gather for salat, the person most learned in its rules will be preferred for leading it, followed by one with the best qira’ah, then the most pious, then the one whose acceptance of Islam was earlier, then the eldest, then the superior in character, then the most handsome, then the noblest in respect of lineage, and then the most cleanly dressed, in that order. If they are all equal in respect of these qualities, the selection will be by casting lots among them.

The Malikis are of the opinion that the ruler or his deputy will lead the prayers, followed by the imam of the mosque, then the master of the house, then the one most learned in hadith, then the most just, then the one having the best qira'ah, then the most devout (al-'a'bad), then the one preceding others in his acceptance of Islam, then the one having the best lineage, then the one with the best character, and then the one who is best dressed, in that order. If they are equal in these respects, lots will be cast among them.

The Hanbalis observe: The most learned in fiqh (Islamic law) and having the best qira'ah will be preferred, followed by one who excels only in qira’ah; then comes the one who excels in the rules of salat, then the one who excels in qira’ah but does not know the fiqh of salat, then the most aged, then the person with the best lineage, then the one who has migrated earliest, then the most God-fearing (al-atqa), and then the most pious (al-awra'), in that order. If they are equal in these qualities, lots will be cast.

The Shafi'is prefer the ruler, and then the imam of the mosque, then the one most learned in fiqh, then the one having the best qira'ah, then the most ascetic (al-azhad ), then the most pious (al-awra'), then the one who has migrated earliest, then the most eloquent, then the best in terms of lineage,then the best in character, then the cleanest in matters of dress, body and craft, then the one with the best voice, then the most handsome, and then a married person, in that order. In the event of their being equal in respect of these qualities, lots will be cast.

The Irnamis state: If a number of persons are eager to lead the prayers for the sake of the thawab (spiritual reward) of imamah and not for any worldly purpose, the one whom the ma’mums prefer on the basis of the preferential qualities mentioned in the Shari'ah with a religious intent in mind and not with mundane intentions, will be the imam. But if they differ, it is better that a faqih be preferred, followed by one who has the best qira’ah, then the most eloquent, and then one who enjoys a preference in accordance with the Shari'ah.

Salat During Travel (Salat al-Musafir)

The schools concur that the shortening (qasr) of prayers during travel is limited to the obligatory four-rak'ah prayers. Hence zuhr, 'asr and 'isha’ prayers will be performed in two rak'ahs, like the morning prayer. The schools differ as to whether qasr is obligatory during travel or if there is an option between it and complete salat?

The Hanafis and the Imamis observe: It is obligatory and has to be performed.

The other schools state: There is an option and a person may either perform it qasr or complete.

Conditions for Qasr

Qasr requires the following conditions:

1. There is consensus that travelling over a certain distance is a condition. The distance in the opinion of the Hanafis, is 24 parasangs in the direction of journey; below this, qasr is not permissible.

The Imamis consider it to be 8 parasangs in the direction of journey or to and fro together.1

The Hanbalis, Malikis and Shafi’is regard it as 16 parasangs, only in the direction of journey, though it does not matter if the distance travelled is less than this distance by two miles (eight miles, in the opinion of the Malikis).

A parasang is equal to 5.04 km (al-Fiqh 'ala al-madhahib al-'arba'ah, vol. 4, "mabhath shurut al-qasr").

Hence the minimum distance to be travelled in the opinion of the Hanafis, the three other schools, and the Imamis is 120.96 kms, 80.64 kms and 40.32 kms respectively.

2. The schools concur that the intention to travel the complete distance should be present at the start of the journey, and that the intention of a 'follower' – such as wife, servant, captive or soldier - is subject to the intention of the 'commander' whom he follows, provided that the one under command knows the intention of that commander or leader; in the event of ignorance he/she will perform the salat complete.

3. Qasr is not valid in the opinion of the four schools except after leaving behind the buildings of a town.

The Imamis observe: Leaving the constructed areas is not sufficient; rather, it is necessary that either the walls of the town should disappear from sight or its adhan should not be hearable. The limit they have set for the beginning of the journey is also the limit for terminating it; i.e. if a person is returning back home, he is supposed to pray qasr until he sees the walls of his town or is able to hear its adhan.

4. The journey should be for a legitimate purpose. Hence if it is for an illegitimate purpose, such as a journey for the sake of committing theft, etc., he may not pray qasr in the opinion of all the schools, except the Hanafis, who observe: He will pray qasr in all journeys, even if the journey is an illegitimate one; at the most he will be sinning by performing an unlawful act.

5. In the opinion of the four schools, the traveller may not pray in a jama’ah being led by a local imam or another traveller whose salat is complete. If he does so, it is wajib for him to perform the complete salat.

The Imamis do not accept this condition and consider it valid for a person whose salat is complete to pray behind a person praying qasr and vice versa, provided each performs his own duty. Therefore, if a traveler prays behind a local resident the zuhr, 'asr and 'isha' prayers, he will perform two rak'ahs and tashahhud along with the imam and say the taslim individually, while the imam continues with his salat till its end. And if a local person prays behind a traveller, he will perform two rak'ahs in jama'ah and complete the remaining part of his salat individually.

6. The niyyah of qasr is essential for the salat being so performed. Hence if a person prays without making niyyah of qasr, he will perform that salat complete in the opinion of the Hanbalis and the Shafi’is.

The Malikis state: It is sufficient to make the niyyah of qasr in the first qasr salat of the journey, and it is not necessary to repeat it in every salat.

The Hanafis and the Imamis observe: The niyyah of qasr is not a condition for qasr becoming wajib, so that if one does not make it he will have to perform it complete, because the actual status of a duty is not altered by intentions. Moreover, such a person has intended the journey from the very beginning. However, the Imamis say: If a traveller intends to stay at a particular place and later changes his mind, he will offer qasr as long as he has not performed any complete salat. Hence if he performs even one complete salat and then changes his plan of staying there, he will continue to perform salat completely.

7. His intention should not be to stay continuously at one place for: fifteen days in the opinion of the Hanafis, ten days in the opinion of the Imamis, and four days in the opinion of the Malikis and the Shafi’is, and a period during which more than 20 salats become wajib in the opinion of the Hanbalis. The Imamis further add: If he is unable to decide for how long he will stay at a particular place, he will continue to perform qasr for thirty days, and after this period it will be wajib for him to perform complete salat even if it happens to be a single one.

8. The traveller's nature of work should not require continuous travel - e.g. one who hires out his beast of burden or a tradesman whose trade requires continuous travelling - so that he is unable to stay at home for the stipulated period of days. This condition has been upheld only by the Hanbalis and the Imamis.

9. The traveler should not be a nomad who has no fixed house and keeps moving from place to place. Only the Imamis have expressly stated this condition.

10. The Hanafis, Hanbalis and Malikis observe: If a traveller changes his mind and intends to return to the place from where he began his journey, in the event of his not having travelled the distance required for performing qasr, his journey will be considered concluded and he will perform his salat complete. But if he has travelled the distance stipulated by the Shari'ah, he will pray qasr till returning back to his native place.

The Shafi’is say: Whenever a person decides to tum back in the course of his journey, he will perform his salat complete (al-Ghazali, al-Wajiz, "salat al-musafirin"). This implies that he will start performing salat complete on his way back despite having travelled the stipulated distance, because the absence of the mention of any conditions proves inclusiveness and generality.

The Imamis state: If one desists from his journey or becomes hesitant before covering the stipulated distance, it is wajib for him to offer his prayers completely; and if the stipulated distance has been covered, he will pray qasr. The continuous presence of the intent of journey is a condition as long as the stipulated distance has not been travelled, but after it has been covered, the subject is, of necessity, realized and its existence no longer depends upon intention.

There is consensus among the schools that every condition that entails qasr is also a condition for the validity of breaking one's fast during journey, though some schools have added other conditions for the validity of breaking the fast which will be mentioned in the chapter on fasting. The Imamis add no further conditions; they observe:

مَن أفطر قصر، ومَن قصر أفطر

i.e. one who breaks the fast (consequent to travelling) will perform his salat as qasr, and he who performs salat as qasr will break his fast.

Successive Performance (Jam') of Two Salats

Malik, al-Shafi'i and Ahmad consider it permissible while travelling to perform zuhr and ‘asr prayers, as well as maghrib and 'isha’, successively by either advancing the performance of one of them or delaying the performance of the other. Abu Hanifah observes: It is not valid to perform two salats successively for the excuse of journey under any circumstance.

The meaning of 'advancing' their successive performance is to perform zuhr and ‘asr prayers in the time meant for zuhr, and by 'delaying' is meant their successive performance in the time specified for ‘asr.

Ignorance and Forgetfulness

The Imamis observe: The salat of one who intentionally performs complete salat while travelling is batil, and he is supposed to repeat it ada’ if its time has not elapsed, and qada’ if it has elapsed. But if a person who is ignorant about qasr being wajib does so, he will not repeat the salat, irrespective of whether its time has elapsed or not. If a person performs it complete out of forgetfulness and then remembers while its time has not elapsed, he will repeat the salat, and if he remembers it after its time has elapsed, he will not repeat it.

The Imamis further state: If the time of a salat sets in while a person is at home and capable of performing it and he sets out on his journey before performing it, he will perform it qasr. But if the time of a salat comes while a person is travelling and he does not perform it till he has reached his native place or a place where he intends to remain for ten days, he will perform the salat complete. Hence the criterion is the time when the salat is performed and not the time when it becomes wajib.

Notes

1. Provided he returns within one day and one night, because in this case his journey has taken up all his day. Some others among them say: One should perform qasr if he intends to return within 10 days.