Alhassanain(p) Network for Heritage and Islamic Thought

JURISTIC QUESTIONS

By:SAYYID ABDUL HUSAYN SHARAFUDDEEN

Translated by

Abdullah Al-Shahin

Publisher: Ansariyan Publications - Qum

First Edition 1381 - 1423

ISBN: 964-438-394-X

In The Name of Allah, The Beneficent, The Merciful

TABLE OF CONTENTS

THE PUBLISHER’S FOREWORD 4

PREFACE 5

OFFERING TWO PRAYERS AT ONE TIME 6

IS BASSMALA A QURANIC VERSE? IS IT TO BE RECITED IN PRAYERS? 12

The excuse of our opponents 15

RECITING QURAN IN THE PRAYER 18

TAKBEERATUL IHRAM 23

TRAVELER’S TAQSEER AND FAST BREAKING 24

Legislating taqseer 24

Legislating fast breaking 24

The conditions of taqseer 25

Our evidence 25

The excuse of ash-Shafi’iy and those who consider taqseer as not wajib 27

The conditions of fast breaking 27

The distance that determines taqseer and fast breaking 30

TEMPORARY MARRIAGE 32

1. The way of this marriage 32

2. The consensus of the umma on the legality of the temporary marriage 33

3. The evidences of the Quran 33

4. Temporary marriage in the Sunna 34

5. Those who said it was annulled and their excuses about that 34

6. True traditions betraying the caliph 36

7. The deniers of Omar’s decision 37

8. The Shia’s thought about temporary marriage 38

WIPING THE FEET OR WASHING THEM IN WUDU’ 40

The evidence of the Shia 40

A look at the traditions of washing 41

A look at their excuse of approval 43

Note 43

To the ankles 44

WIPING OVER SLIPPERS AND SOCKS 46

Wiping over the turban 49

Does wiping the head have a limit? 50

SIX DISPUTABLE QUESTIONS 52

1. Wiping the ears 52

2. Does washing the head instead of wiping it suffice for wudu’ 52

3. Order in performing wudu’ 52

4. Succession of acts of wudu’ 53

5. The intention 54

6. Performing wudu’ with juice 55

Notes 58

THE PUBLISHER’S FOREWORD

Sayyid Sharafuddeen (may Allah have mercy upon him) was a great figure of jurisprudence, jihad and Islamic unity. He spent his blessed age in the way of that. He produced a great scientific heritage and strove in his jihad for the sake of the solidarity of the umma. Neither his scientific works nor his jihad could ever be forgotten and they would serve the Islamic matter for ever.

His style in writing was distinguished with clearness, accuracy, utmost objectivity and respecting the others’ opinions; therefore the hearts of his friends and enemies together were attracted to him.

He played a great role in achieving wide juristical cordiality among the different Islamic sects through his wonderful writings, from among which we chose this valuable booklet although it was small but we hoped to achieve the same high aims the author had achieved.

May Allah have mercy upon the great honored jurisprudent Sharafuddeen and may the all make use of his abundant knowledge!

Ansariyan Publications - Qum

PREFACE

These are juristic questions discussed in a clear and firm way. They depend upon the true evidences and follow the straight way. It is enough for them to be a result of a high learned mind and a wonderful pen depending upon the accurate scientific theories so that they are directed easily towards the bright way of rightness and assisted by those accurate theories.

This is a book among tens of books written by our honored great uncle Imam Sharafuddeen, who has supplied the Arabic library with what makes the seekers of the truth ladle from this pure knowledge and makes them appreciate his apposite thinking, truthfulness of evidences, impartiality and defending the rightness.

In this valuable research you will find a correct knowledge depending upon the Book of Allah and the Sunna of His messenger for the author hasn’t depended upon other than them. Although the jurisprudential points discussed in this research are few, you will get a great benefit out of them.

Imam Sharafuddeen discussed these certain questions especially and made them the subject of his short thesis because these secondary questions were the source of much argument and disagreement. Much ado and fierce attacks often and often aroused about these points, hence Imam Sharafuddeen tried to ease the fierceness of the attackers and to lead the fair prudent ones towards the truth. On the other hand, he wanted to clear that the Shia wouldn’t adopt any religious matter, unless they were certain and sure that it was derived from the holy Quran and the true Sunna.

These questions are true examples giving you a clear image about the successful conclusion and fair jurisprudential investigation. You notice in them the high justification for they don’t care for other than clear evidences and true excuses derived from the holy Book of Allah and the sacred Sunna of the Prophet (s).

Nooruddeen Sharafuddeen

OFFERING TWO PRAYERS AT ONE TIME

There was no disagreement among all the Islamic sects about the permissibility of offering Dhuhr prayer and Assr prayer at one time in Arafa.[1]It was called antecedence.[2]The same was said about offering Maghrib and Isha’ prayers at one time in Muzdalifa.[3]This was called delaying.[4]In fact there was no any disagreement about preferring offering each two prayers together and considering that as a part of the Prophet’s Sunna but the Muslims disagreed upon offering two prayers together in other than these two cases.

The point of the dispute was about the permissibility of offering two prayers (whether Dhuhr and Assr or Maghrib and Isha’) in the time of one of them like anteceding one of them as had been done in Arafa or delaying one as had been done in Muzdalifa.

The infallible imams of the Prophet’s progeny had declared clearly that it was permissible (to offer two prayers together) at all but offering each one in its certain time would be better. The Shia followed their imams in this concern in every age and in every side of the earth. They often offered Dhuhr prayer and Assr prayer at one time and Maghrib and Isha’ at one time whether they were in travel or not and whether there was an excuse for that or not. It was not different for them whether anteceding one of the first two prayers or delaying one of the other two prayers.

The Hanafites[5]prohibited offering two prayers at one time at all except in Arafa and Muzdalifa in spite of that their Sihah[6]had true traditions confirming the permissibility of that but they interpreted them according to their own thoughts. We will show you the invalidity of their thoughts later on inshallah.

As for the Shafi’is, the Malikites and the Hanbalites,[7]they permitted that in travel with some disagreements among them in case when there were no excuses like raining, mud, illness or fear. Also they were in dispute about the conditions of travel that might permit to offer two prayers together.[8]

Our evidence, according which we worshipped Allah in this matter, was the true traditions of our infallible imams (s). But we might argue with the Sunni sects according to their own Sihah, in which many traditions were mentioned talking about the permissibility of offering two prayers at one time.

Muslim[9]said in hisSahih :

a. Yahya bin Yahya told us from Malik from Abuz Zubayr from Sa’eed bin Jubayr that ibn Abbas had said: “The Prophet (s) offered Dhuhr and Assr prayers together (at one time)[10]and offered Maghrib and Isha’ prayers together where there was no fear nor was he on travel.”

b.   Abu Bakr bin Abu Shayba narrated from Sufyan bin Oyayna from Amr bin Dinar from Abush Sha’tha’ Jabir bin Zayd that ibn Abbas had said: “I offered prayers with the Prophet (s) eight times, in which he offered each two prayers at one time. I think he delayed Dhuhr prayer and preceded Assr prayer and delayed Maghrib prayer and preceded Isha’ prayer.” Muslim said: “I think so too.”[11]

c. Abur Rabee’ az-Zahrani narrated from Hammad bin Zayd from Amr bin Dinar from Jabir bin Zayd that ibn Abbas had said: “The Prophet (s) offered Dhuhr and Assr prayers together and Maghrib and Isha’ together seven or eight times in Medina.”

d. Abur Rabee’ az-Zahrani narrated from Hammad from az-Zubayr from bin al-Khareet that Abdullah bin Shaqeeq had said: “One day Abdullah bin Abbas made a speech after the Assr prayer until the sun set and the stars appeared in the sky. People began to cry: The prayer! The prayer! Then a man of Tameem,[12]who was so bold and who wouldn’t abate nor would he give up, came to ibn Abbas saying: “The prayer! The prayer!” Ibn Abbas said to him: “Do you teach me the Sunna?!” Then he added: “I have seen the Prophet (s) offering Dhuhr and Assr prayers at one time and offering Maghrib and Isha’ prayers at one time.” Abdullah bin Shaqeeq said: “I doubted about that. I went to Abu Hurayra and asked him. He confirmed the saying of ibn Abbas.”[13]

e. Ibn Abu Omayr narrated from Wakee’ from Imran bin Hadeer that Abdullah bin Shaqeeq al-Aqeeli had said: “A man said to ibn Abbas: The prayer! Ibn Abbas kept silent. Then the man said: The prayer! He kept silent. Then he said: The prayer! Ibn Abbas said: “Do you teach us the prayer?! We often offered the prayers together at the time of the Prophet (s).”

An-Nassa’iy mentioned a tradition narrated by Amr bin Harm from Abush Sha’tha’ that ibn Abbas offered Dhuhr and Assr prayers with no period of time separating between them because of business. He justified that by referring to the Prophet (s).[14]

f. Ahmed bin Younus and Oun bin Salam narrated from Zuhayr from Abuz-Zubayr from Sa’eed bin Jubayr that ibn Abbas had said: “The Prophet (s) offered Dhuhr and Assr prayers at one time in Medina without fear or travel.”[15]Abuz Zubayr said: “I asked Sa’eed why the Prophet (s) did so. He said: I asked ibn Abbas the same question and he said: the Prophet (s) did so in order not to embarrass any one of his umma.”[16]

g. Abu Bakr bin Abu Shayba and Abu Kurayb narrated from Abu Mo’awiya and Abu Kurayb and Abu Sa’eed al-Ashajj narrated from Wakee’ and Abu Mo’awiya from al-A’mash from Habeeb bin Abu Thabit from Sa’eed bin Jubayr that ibn Abbas had said: “The Prophet (s) offered Dhuhr and Assr prayers at one time and offered Maghrib and Isha’ prayers at one time in Medina where there was no fear or rain.” …Wakee’ asked Ibn Abbas why did the Prophet (s) do so and ibn Abbas said: “…in order not to embarrass his umma.” In the tradition of Abu Mo’awiya also it was said to ibn Abbas: What did the Prophet (s) want by doing so? Ibn Abbas said: He (the Prophet (s)) wanted not to embarrass his umma.”

h. Yahya bin Habeeb al-Harithi narrated from Khalid bin al-Harth from Qurra bin Khalid from Abuz Zubayr from Sa’eed bin Jubayr that ibn Abbas had said: “The Prophet (s) offered Dhuhr and Assr prayers at the same time and offered Maghrib and Isha’ at the same time on his travel during the battle of Tabook.” Sa’eed said: “I asked ibn Abbas that what led the Prophet (s) to do that. He said: he wanted not to embarrass his umma.”

i. Yahya bin Habeeb narrated from Khalid bin al-Harth from Qurra bin Khalid from Abuz Zubayr from Aamir bin Wa’ila Abut Tufayl that Mu’ath bin Jabal had said: “During the battle of Tabook the Prophet (s) offered Dhuhr and Assr prayers together and offered Maghrib and Isha’ prayers together. I asked what led him to do that. It was said that he didn’t want to embarrass his umma.”

These true traditions mentioned in the Sihah were clear in showing the reason behind the legislation of offering two prayers at one time. It was to let people have some ease in offering the prayers and not to be burdened with them because separation between the prayers-offering each one in its certain time-might be somehow difficult for the most of people, who would be busy with their works and affairs of living. The last two traditions were not restricted to travel or other excuses like illness, raining, fear or others as they were by themselves but they referred to generality that the permissibility of offering two prayers at one time was absolute and not limited to special cases. Therefore you found that Imam Muslim didn’t mention these traditions under the chapter of “offering the prayers together where there was no travel” to be as evidences for the absolute permissibility of that and this showed his prudence, knowledge and fairness.

The traditions mentioned by Muslim were according to the conditions depended by al-Bukhari in deciding the truthfulness of traditions and the narrators also were depended upon by al-Bukhari so what made him (al-Bukhari) not mention all the traditions talking about the subject? What led him to be satisfied with a few of them? And why didn’t he assign a certain chapter about the true traditions talking about offering prayers at one time whether in travel or not although that most imams of the different sects had acknowledged the permissibility of offering two prayers at one time? And why did he choose the weakest traditions in proving the subject? I don’t think that al-Bukhari was one of those, who changed the words from their (right) places and concealed the truth which they themselves knew well!

Here is what he has chosen of traditions in hisSahih talking about this subject:

a. Abun Nu’man narrated from Hammad bin Zayd from Amr bin Dinar from Jabir bin Zayd that ibn Abbas had said: “The Prophet (s) offered Dhuhr and Assr prayers in the same time and offered Maghrib and Isha’ prayers in the same time in Medina seven or eight times.” Ayyoub said: “Perhaps it was in a rainy night.” He said: “Perhaps!”  
(They follow but conjecture) as Allah says!

b. Adam narrated from Shu’ba from Amr bin Dinar from Jabir bin Zayd that ibn Abbas had said: “The Prophet (s) offered prayers together seven or eight time.”

c. From ibn Omar, Abu Ayyoub and ibn Abbas that the Prophet (s) offered Maghrib and Isha’ prayers (together) in the time of one of them rather than the other.

Mentioning this very few traditions from among much many true traditions evidencing the subject was enough to confirm what we said about al-Bukhari.

Also it was confirmed by the saying of ibn Mass’ood: “The Prophet (s) offered-in Medina-Dhuhr and Assr prayers together and offered Maghrib and Isha’ prayers together. He was asked about that and he said: I did so lest my umma would be embarrassed.” It was mentioned by at-Tabarani.[17]

It was mentioned that Abdullah bin Omar was asked: “Why did the Prophet (s) offer Dhuhr and Assr prayers together and Maghrib and Isha’ prayers together in Medina where he was not on travel?” He said: “He did so in order that his umma not to be embarrassed.”[18]

Anyhow all the Sunni jurisprudents acknowledged the permissibility of offering the prayers in one time and they were certain that these traditions were true in evidencing this matter.

You can refer to whatever you like of their comments on these traditions talking about the permissibility of offering two prayers in one time.[19]

Yes! They interpreted the tradition according to the doctrines of their sects; therefore they became in a dark confusion.

The comment of an-Nawawi on these traditions mentioned in his bookSharh Sahih Muslim was enough to show you the truth. He said, after considering the traditions as clear evidence confirming the permissibility of offering the prayers together in residence: “The ulema had different interpretations and thoughts. Some of them justified that by saying that the Prophet (s) had offered the prayers together because of the rain. This was the thought of some of the first great personalities.[20]But this was a weak justification according to the second tradition of ibn Abbas when saying (…without fear or rain). Some of them pretended that the sky was cloudy so the Prophet (s) offered the Dhuhr prayer but when the clouds dispelled, it appeared that it was the time of Assr prayer then the Prophet (s) offered the Assr prayer.[21]This was also vain because if it was possible for Dhuhr and Assr prayers, it wouldn’t be possible for Maghrib ans Isha’ prayers.

Some of them pretended that the Prophet (s) had delayed the first prayer (Dhuhr) until the end of its time and so when he had finished offering it, the time of the Assr prayer came and then he offered it; therefore his gathering the two prayers was just formal.[22]This was weak and vain too because it contradicted the meaning of the tradition so clearly. The doing of ibn Abbas when he made his speech and the people cried: the prayer, the prayer, but he didn’t pay any attention to them and he justified his delaying the Maghrib prayer until the time of the Isha’ prayer and then Abu Hurayra confirmed that and didn’t deny it when he was asked; all that refuted the above interpretation.”

Ibn Abdul Birr, al-Khitabi and others denied this interpretation too. They said that offering prayers together was a kind of authorization and if it was formal, it would be so difficult to offer each prayer in its time because the beginnings and the ends of prayers’ times couldn’t be perceived by most of the scholars so how about the ordinary people! They said that ibn Abbas’ saying (…he wanted not to embarrass his umma) was clear evidence proving the authorization of offering prayers together. Offering prayers together, which was cleared by the true traditions, was either by preceding the second prayer to be offered with the first one or by delaying the first prayer to be offered with the second one. They said that it was this meaning, which was understood from the wording of these traditions. This was the very point of the dispute.

An-Nawawi said: “… and some of them interpreted the traditions as if offering prayers together was because of illness or something like that. This was the thought of Ahmed bin Hanbal and the judge Husayn and it was adopted by our companions; al-Khitabi, al-Mutawalli and ar-Rawyani. This was the apparent meaning according to the wording of the traditions.”

No evidence in the traditions showing what they said. Saying so was but fabrication as al-Qastalani had said in his bookSharh Sahih al-Bukhari.[23]

Some of the scholars criticized him (an-Nawawi) too by saying: “It was said that offering prayers together was because of illness. An-Nawawi confirmed this saying. But this justification was not correct because if the Prophet (s) had offered the prayers together because of illness, then no one would have offered prayers with him except those who were ill, whereas the Prophet (s) had offered the prayers with a group of his companions as it had been narrated by ibn Abbas in a true tradition.”[24]

Since there was no interpretation accepted by the ulema about the traditions talking about offering the prayers together, so some of the Sunnis adopted the thought of the Shia about the matter unknowingly. An-Nawawi mentioned them after he had refuted their false interpretations. He said: “Some of the scholars permitted offering prayers together in residence (in one’s place of living-not being in travel) if it was necessary for those, who would not take it as a habit. This was the thought of ibn Seereen and Ashhab, who were Malik’s companions. So was the thought of al-Qaffaal ash-Shashial-Kabeer , who was one of ash-Shafi’iy’s companions as it was said by al-Khitabi. The same was thought by Abu Iss~haq al-Mirwizi and some of the scholars of Hadith. Ibnul Munthir acknowledged this thought when he said: “The saying of ibn Abbas confirmed this thought when he said that the Prophet (s) didn’t want to embarrass his umma where he didn’t justify it by illness or anything else. Allah is the most aware!” This was his own saying.[25]Some others of the Sunni scholars[26]had said the same.”

Some of the Sunni researchers in our time might adopt our thought, as I was told by more than one of them, but they didn’t dare to inform the public of that or ihtiyat (precaution) might prevent them from that because separating the prayers (offering each one in its certain time) would be better than offering them together but an important thing escaped them that separating prayers led many people, who would be busy with their jobs during the time of prayers, to give up offering the prayers whereas offering prayers together would be more possible to make them keep to their prayers. Hence the jurisprudents would better give a fatwa to permit the public to offer the prayers together in order to make it easy for them and not difficult.(Allah desires ease for you, and He does not desire for you difficulty 2:185) ,(…and He has not laid upon you any hardship in religion 22:78) .

The evidence of offering the prayer together absolutely is clear according to the holy Quran and the Sunna. The Quran has declared that the times of obligatory prayers are three only; a common time for Dhuhr and Assr prayers, a common time for Maghrib and Isha’ prayers and a third time for the Fajr (dawn) prayer. Allah says:(Keep up prayer from the declining of the sun till the darkness of the night and the morning recitation; surely the morning recitation is witnessed. 17:78)

Imam ar-Razi said when interpreting this verse in hisTafseer :[27]“If we interpret ghasaq[28](dusk) as the beginning of darkness in the sunset, so according to this account mentioned in the verse, the times of prayers are three; the time when the sun declines, the beginning of the sunset and the time of the dawn. This requires that the time when the sun declines, is to be a common time between Dhuhr and Assr prayers, the beginning of the sunset is to be a common time between Maghrib and Isha’ prayers. This determines the permissibility of offering the prayers together absolutely.[29]But the evidence shows that offering prayers together in residence without an excuse is not permissible so it becomes obligatory for offering prayers together that there must be an excuse like travel, raining or other things.”

We strove in researching for what he had said that offering prayers together in residence without an excuse wouldn’t be permissible but we, by Allah, couldn’t find anything leading to it. Yes, the Prophet (s) offered prayers together when there was an excuse but he also offered prayers together when there was no any excuse for that lest he would embarrass his umma. We had no any objection that offering each prayer in its certain time would be better; therefore the Prophet (s) had preferred it except when there was an excuse as he used to do with mustahabs.[30]