+ Brief Biography of Imam al-Quduri

                                        + An Introduction to Al-Mukhtasar

                                        + Advice of Caution

 

Brief Biography of Imam al-Quduri

    He is Abu’l-Hasan Ahmad ibn Muhammad ibn Ahmad ibn Ja`far ibn Hamdan al-Quduri al-Baghdadi, the Hanafi jurist, born 362 AH.  Al-Quduri is an ascription to the selling of pots (qudur).

        Abu’l-Hasan al-Quduri took his knowledge of fiqh from Abu `Abdillah Muhammad ibn al-Jurjani, from Abu Bakr al-Razi, from Abu’l-Hasan al-Karkhi, from Abu Sa`id al-Barda`i from `Ali al-Daqqaq, from Abu Sahl Musa ibn Nasr al-Razi, from Muhammad ibn al-Hasan al-Shaybani, from Abu Hanifah, from Hammad ibn Abi Sulayman, from Ibrahim al-Nakha`i, from `Alqamah, from `Abdullah ibn Mas`ud (may Allah be pleased with him) from the Prophet (may Allah bless him and his Household and grant them all peace).

        Al-Quduri was one of the ashab al-tarjih (jurists who weighed and analyzed the strengths of differing verdicts in the madhhab).  The leadership of the Hanafis in `Iraq came to rest with him, and his renown rose.  His mention recurs in the well-known Hanafi books al-Hidayah and al-Khulasah.  He died on 15th Rajab 428 AH in Baghdad, and was buried in his home, but was later transported and buried beside Abu Bakr al-Khawarizmi, another Hanafi jurist.

 

He authored:

# al-Mukhtasar, the fiqh summary bearing his name.

# Sharh Mukhtasar al-Karkhi,

# al-Tajrid, in seven volumes, encompassing the disagreed issues between the Hanafis and Shafi`is.

# al-Taqrib, also in issues of disagreement, a summary which he compiled for his son,

 

and other works.

 

An Introduction to Al-Mukhtasar

    Perhaps al-Quduri's most famous work, Al-Mukhtasar is also known as al-Kitab.  The number of issues it addresses is 12,500, spanning the entire spectrum of fiqh, for the book covers not only matters of worship, but also business transactions, personal relations and penal and judicial matters.  Abu `Ali al-Shashi said about the book, "Whoever memorizes this book is the best accomplished of our associates in memorization, and whoever understands it is the best accomplished of our associates in understanding."

    As is common with fiqh summary texts (mutun, singular : matn), the book generally does not make a point of providing evidences and derivations of the regulations.  The bases and reasonings behind the verdicts presented can be pursued in more advanced books of the madhhab, and also require some knowledge of usul al-fiqh. The traditional method of learning is for young people to first study (and often memorize) a basic matn, then later go back and study each issue in more detail, and/or along with the evidences.

    It is related that when al-Quduri wrote this book, he carried it with him to the Ka`bah, and hung it from its curtains.  He asked Allah the Exalted to bless him in it, and this prayer was apparently fulfilled. The book is recognized and respected as a reliable book of the school, and has had various commentaries written on it.  Along with Muhammad ibn al-Hasan's Al-Jami` al-Saghir, it formed the nucleus of al-Marghinani's widely-renowned Al-Hidayah - which itself was commentated on by numerous scholars, among the more famous of them Hafiz Badr al-Din al-`Ayni (the author of the commentary on al-Bukhari `Umdat al-Qari) in Al-Binayah, and Hafiz Kamal al-Din Ibn al-Humam in Fath al-Qadir.  It has been said that Hafiz Ibn Taymiyyah, the Hanbali scholar, used Al-Mukhtasar as his primary reference for the Hanafi school's positions.  Upto this day, the book enjoys a wide acclaim, still forming a part of the teaching curriculum in many traditional madaris, and with prominent and accomplished contemporary scholars continuing to recommend and approve it as a teaching text.

 

Advice of Caution

    Despite the undisputed respectability of Al-Mukhtasar, we should bear in mind that perfection belongs only to Allah.  While the book is, on the whole, free from serious blunders, the author in some places will present a verdict which may not be the soundest position on the issue under examination.  In some such places, I have inserted the more authentic view within brackets or braces, while in others I have left al-Quduri's text unchanged.  Al-Quduri often mentions differing views on an issue, and in these cases, it should be borne in mind that the mere fact that a scholar has given a particular verdict does not mean it may be legitimately followed.  Sometimes, even a reputed scholar may have made a mistake, or not been in possession of all the evidence.  Hence, wherever al-Quduri presents more than one view on a matter, further investigation is needed to determine which is the authentic or more authentic view -- which is to be followed. Another point to be borne in mind is that al-Quduri generally does not distinguish between unrestricted permissibility and validity (but with an accompanying sin), and similarly between impermissibility and that prohibition which invalidates the deed in question, and between desirability and obligation.

    In view of the preceding points, the translation presented on this web-site is not meant to be a final authority; but is intended merely as a quick-reference resource.  As for studying from and verifying its content, this is best done through studying the text with a qualified and dependable scholar, and/or referring to one of the reputable commentaries such as `Abd al-Ghaniyy al-Ghunaymi's Al-Lubab fi Sharh al-Kitab, as well as to other dependable books of the madhhab.  Such studying is also essential to ensure one does not misunderstand any of the text.

    Finally, it should be noted that I have often re-arranged Quduri's text -- sometimes liberally -- in order to fit into the particular logical / intuitive framework that I feel comfortable with.  I have also added many sub-headings which the author himself did not have, my aim again being to present the information in an easily-digestible form.

 

[NOTE : Some of the above information (especially the biographical notes) has been taken from the preface to the edition of Mukhtasar al-Quduri edited by Shaykh Kamil Muhammad Muhammad `Uwaydah, Dar al-Kutub al-`Ilmiyyah, Beirut, 1997/1417.]

 

PURIFICATION (TAHARAH)

(According to the Qur'an and Sunnah,

as extracted and inferred by scholars of the Hanafi school.)

From "Mukhtasar al-Quduri", a matn of Hanafi fiqh

 

                                              # Wudu'

                                              # Ghusl

                                              # Water

                                              # Tayammum

                                              # Wiping on Khuffs

                                              # Women's Blood

                                              # Filth

 

 

 1.0 WUDU

 

1.1 The Rudiments of Wudu'

Allah, the Exalted, says, (translated),

"O you who believe!  When you stand for prayer, then wash your faces, and your hands upto the elbows, and wipe your heads, and [wash] your feet upto the ankles."

So, the obligatory elements of purification [i.e. wudu'] are:

- Washing the three parts [the face, the two arms, and the two feet].  The elbows and the ankles are included in washing.

- Wiping the head - the obligatory [part] in wiping the head is the extent of the forelock [one-fourth], based on that which Mughirah ibn Shu`bah narrated, that the Prophet (may Allah bless him and grant him peace) made wudu' and wiped his forelock and his khuffs.

 

1.2 The Sunnah Actions of Wudu'

The sunnah actions of wudu' are:

1. Washing the two hands before inserting them into the container [of water], [especially] after the mutawaddi' awakens from his sleep.

2. Taking the name of Allah, the Exalted at the start of the wudu'.

3. Siwak

4. Rinsing the mouth

5. Inhaling water

6. Wiping the ears

7. Combing the beard and

8. [Combing] the fingers

9. Repeating the washing upto thrice.

10. To intend purification

11. Covering the entire head with wiping

12. Performing the wudu' in order, such that he starts with that with whose mention Allah, the Exalted has begun with.

It is recommended for the mutawaddi' to [start] with the right parts.

 

1.3 The Invalidators of Wudu'

The incidents which invalidate wudu' are:

1. Anything which exits from the two paths.

2. Blood,  pus or serum when they exit from the body and encroach on a place which it is incumbent to purify.

3. Vomit, if it was a mouthful.

4. Sleep lying down, or leaning [on one's side] or reclining such that if it were removed he would fall.

5. Loss of consciousness  through fainting or insanity.

6. Laughter in any prayer containing ruku` and sujud.

 

 

 2.0 GHUSL

 

2.1 The Rudiments of Ghusl

The obligatory parts of ghusl are:

1. Rinsing the mouth.

2. Inhaling water.

3. Washing the rest of the body.

 

2.2 The Sunnah Actions of Ghusl

The sunnah actions of ghusl are that the one performing ghusl:

1. Begin with washing his hands and genitals.

2. Remove filth if it is on his body, then

3. Perform wudu', like the wudu' for salah, except for his feet, then

4. Pour water over the rest of his body thrice, then

5. Step aside from that place and then wash his feet.

Women are not obligated to undo her braids in ghusl if the water reaches the roots of the hair.

 

2.3 The Necessitators of Ghusl

The incidents which obligate ghusl are:

1. Emission of semen , accompanied by spurting and excitement, from a man or a woman.

2. Contact of the two circumcized parts [even] without ejaculation.

3. Menstruation

4. Post-natal bleeding

There is no ghusl [required] for [emission of] prostatic fluid  and wady , but wudu' [is needed] for [emission of] them.

 

2.4 Sunnah Ghusl

The Messenger of Allah D made ghusl sunnah for:

1. Jumu`ah

2. The Two `Ids

3. Ihram

 

 

 3.0 WATER

 

3.1 Suitable and Unsuitable Water

Purity from hadath is permissible with water from:

1. the sky

2. [lakes and] valleys

3. springs

4. wells

5. oceans

 

It is not permissible with:

1. [Liquid] squeezed out of trees or fruits.

2. Water which is preponderated by something else and [which has] removed it from the nature of water, such as drinks, rose-water, pea-water, gravy or infusion of safflower.

3.  Used water may not be used for the cleansing of hadath.  Used [water] is : any water that with which hadath has been removed,or which has been used on the body by way of worship.

 

3.2 Addition or mixture of substances with water

1.  Purification is permissible with water which has been admixed with something clean such that it changed one of its properties, such as flood water, or water with which saltwort, soap or saffron has been mixed [as long as the water’s fluidity and viscosity remains unchanged].

2.  Wudu’ is not permissible with any [small quantity of still water] in which filth has fallen, whether [the filth] is a little or  lot, because the Prophet (peace and blessings be upon him) ordered for water to be safeguarded from filth, for he said, "None of you shall urinate in standing water, nor shall you make ghusl in it from janabah."  And he (peace and blessings be upon him) said, "When one of you awakens from his sleep, he shall not immerse his hand in the vessel until he has washed it thrice, for he does not know where his hand was when he slept."

3.  As for flowing water, if filth falls in it, wudu’ is permissible with it, provided no trace of [the filth] is seen, because [the filth] does not remain stationary with the flowing of the water.  [For] a large pond, of which one end does not move [immediately] with the movement of the other side, if filth falls in one end of it, wudu’ is permissible from the other end, because the apparent [impression] is that the filth does not reach it.

4.  The death in water of anything without flowing blood, such as bugs, flies, hornets or scorpions, does not render it filthy.  The death [in it] of that which lives in water, such as fish, [aquatic] frogs and [aquatic] crabs, does not spoil it.

 

3.3 Wells

Cleansing of wells

1.  If filth [other than an animal] falls into a well, it should be drained.  Draning whatever water it contains is a cleansing for it.

2.  If there dies in it a rat, or sparrow, or robin, or swallow, or venomous creature, or gecko, [then] between twenty and thirty buckets should be drained from it, depending on the largeness or smallness of the animal.

3.  If there dies in it a pigeon, or chicken, or cat, [then] between forty and sixty buckets should be drained from it.

4.   If there dies in it a dog, or sheep, or human, all of the water that [the well] contains should be drained.

5.  If the animal becomes distended or disintegrated in [the well], all the water [the well] contains should be drained, whether the animal was small or big.

 

6.  The number of buckets is reckoned according to a medium bucket which was used in the wells in villages.  So, if a large bucket was used to drain water from it, such as could contain twenty of the medium buckets, that is taken into account.

7.  If the well has springing water, such that it cannot be drained, but it becomes obligatory to drain it, they should take out the amount of water which was [initially] in it.  It has been narrated from Muhammad ibn al-Hasan (may Allah’s mercy be upon him) that he said : Two hundred to three hundred buckets should be drained from it.

 

Finding a dead creature in the well

1.  If a rat or something else [like it] is found in the well, and they do not know when it fell in, and it has neither distended nor disintegrated, they should repeat the prayers of a day and a night if they had made wudu’ from it, and [they should] wash everything which its water touched.

2.  If it had distended or disintegrated, they should repeat the prayers of three days and nights according to verdict of Abu Hanifah (may Allah have mercy upon him).  Abu Yusuf and Muhammad (may Allah have mercy upon them) said : there is no repetition [due] upon them unless they ascertain when it fell in.

 

3.4 Leftovers

1. The leftover of humans, and [of] those [animals] whose meat may be eaten, is clean.

2. The leftover of dogs, pigs and carnivorous beasts is filthy.

3. The leftover of cats, free-roaming chickens, carnivorous birds, and domestic animals such as snakes and rats, is disliked.

4.  The leftovers of the donkey and mule are doubtful.  So, if one does not find anything else, one performs wudu’ with them and tayammum.  Whichever [of wudu’ and tayammum] he starts with, it is valid.

 

4.0 TAYAMMUM

 

4.1 Excuses Permitting Tayammum

1.  One who cannot find water while travelling, or

2.  [One who is] outside settled land with approximately one mile or more between him and the water, or

3. [One who] can find water, but is sick, and is afraid that if he uses the water, his sickness will be intensified, or

4. If one in janabah fears that if he makes ghusl with the water, the cold will kill him or make him ill

[in all these cases] one may perform tayammum with the surface of the earth.

 

5.  Tayammum is permissible for a healthy person in a settled area if a funeral is present, and the executor/guardian is other than himself, such that he fears that if he occupies himself with purification then the salah will elude him.  So, he performs tayammum and prays.

6.  Similarly, one who is present at `Id, and fears that if he occupies himself with purification, the salah of [one of] the Two `Ids will elude him, he performs tayammum and prays.

If one who attends Jumu`ah is fears that if he occupies himself with purification, the salah of Jumu`ah will elude him, he does not perform tayammum.  Rather, he makes wudu’, and then if he catches Jumu`ah, he prays it, otherwise he prays Zuhr as four [rak`ah].

Similarly, if the time is tight, and one fears that if he makes wudu’, the time will elapse, he does not perform tayammum.  Rather, he performs wudu’ and prays a missed prayer.

 

7.  It is recommended for one who does not find water, but is hopeful of finding it at the end of the time, to delay the prayer to the last [part] of the time.  Then, if he finds water, he performs wudu’ with it and prays, otherwise he performs tayammum [and prays].

8.  It is not [obligatory] upon the traveller, if he is not inclined to believe that there is water close to him, to seek water.  But, if he is inclined to believe that there is water, it is not permissible for him to perform tayammum until he has searched for it.  If his companion has water, he demands it from him before he performs tayammum.  If he denies it to him, he performs tayammum and prays.

 

4.2 Its manner

Tayammum is two strikes : one wipes one’s face with one of them, and one’s arms to the elbows with the other.  Tayammum from hadath and janabah are the same [in their manner].

Intention is obligatory in tayammum, but recommended in wudu’.

 

4.3 Its materials

According to Abu Hanifah and Muhammad, tayammum is permissible with anything which is of the category of earth, such as soil, sand, stone, gypsum, lime, antimony and arsenic.  Abu Yusuf (may Allah have mercy upon him) said : it is not permissible except with soil and sand specifically.

Tayammum is not valid except with a clean earth-surface.

 

4.4 Its Invalidators

1. Tayammum is invalidated by everything which invalidates wudu’.

2. It is invalidated also by seeing water, if on is capable of using it.

If a traveller forgot water in his bags, and so made tayammum and prayed, and then remembered the water during the time, he does not repeat the salah according to Abu Hanifah and Muhammad (may Allah have mercy upon them)  Abu Yusuf said : he repeats it.

3. One may pray with his tayammum whatever he wishes of obligatory and optional [prayers].

 

 

 5.0 WIPING ON THE KHUFFS

 

5.1 Its Permissibility

1. Wiping on the khuffs is permissible, based on the sunnah, from every hadath necessitating wudu’, provided one wore the khuffs in a state of complete purity and then underwent hadath [after that].

Wiping on the khuffs is not permissible for one on whom ghusl is obligatory.

 

2. If one is resident, one may wipe a day and a night.  If one is a traveller, one may wipe three days and nights.  The start [of the time limits] is after the [first] hadath.

One who began wiping while resident, and then travelled before the end of a day and a night, may wipe three days and nights.  One who began wiping while travelling, and then took up residence, then if he had wiped a day and a night or more, he is required to remove his khuffs and wash his feet.  If he had wiped for less than a day and a night, he may complete his wiping [until] one day and night [have passed completely].

 

3. It is not permissible to wipe on a khuff containing a big tear from which is visible the extent of three toes, but if [the tear] is less than that it is permissible.

4. Wiping is not permissible on socks, according to Abu Hanifah, unless they are [either] covered with leather, or soled.  Abu Yusuf and Muhammad said : It is permissible to wipe on socks if they are thick, not transmitting the water.

5. One who wears jurmuq over his khuffs may wipe over them.

 

6. Wiping on turbans, caps, scarves or gloves is not permissible.

7. It is permissible to wipe on a splint, even if it was fastened without [prior] wudu’.  Then, if it fell off without healing, the wiping is not invalidated.  But, if it fell off after healing, the wiping is invalid.

 

5.2 Its manner

Wiping on the khuffs is on their outside, in lines with the fingers, starting from the tips of the toes [and continuing] to the shin.  The obligatory part of that is the extent of three fingers of the smallest on the hand.

 

5.3 Its Invalidators

The wiping is invalidated by:

1. That which invalidates wudu’, as well as

2. Removing the khuff, and

3. Expiry of the time limit.  If [only] the time limit expires, one removes one’s khuffs and washes one’s feet and pray, and one is not obligated to repeat the remainder of the wudu’.

 

 

 6.0 MENSTRUAL BLEEDING

 

6.1 Definitions

The minimum menstrual bleeding is three days and nights, ans [so] anything which falls short of that is not menstrual blood (hayd) but chronic bleeding (istihadah).

The maximum menstrual bleeding is ten days and nights, and [so] anythign which exceeds that is istihadah.

That red, yellow and murky [discharge] which a woman sees in the days of menstrual bleeding is menstrual discharge, [and her period persists] until she sees pure white [liquid].

 

6.2 What is prohibited with hayd and nifas

- Hayd waives salah from a woman, and prohibits fasting for her.

    She makes up the fasting [later], but does not make up the salah.

- She may not enter a mosque,

- Nor circumambulate the House [i.e. the Ka`bah]

- Nor may her husband approach her [for intercourse]

 

A menstruating woman and one in janabah :

- May not: recite the Qur'an

- [They, as well as] one with hadath may not touch a mushaf [i.e Qur'an], unless they hold it with its case.

 

6.3 Completion of purity

- If the menstrual bleeding ceases in less than ten days, it is not permissible [for her husband] to have intercourse with her until

     - she performs ghusl

     - or the complete time of a salah passes her by.

- If her bleeding ceases after ten days, it is permissible [but not recommended] to have intercourse with her before [she performs] ghusl.

- If purity interrupts two bleedings within the period of menstruation, it is [treated] as [continuously] flowing blood.

- The minimum period of purity is fifteen days, and there is no limit for its maximum.

 

6.4 Chronic Bleeding (Istihadah)

- The blood of istihadah is that which a woman sees for less than three days or more than ten days [in menstruation, or more than forty days after child-birth].

- Its verdict is [the same as] the verdict of a perpetual nosebleed; it does not prevent fasting, nor salah, nor intercourse.

- If bleeding exceeds ten days, and a woman has a known cycle, it is referred back to the days of her cycle, and whatever exceeds that is considered istihadah.  If she entered maturity in the state of istihadah then her menstrual bleeding is [considered to be] ten days of every month, and the remainder is istihadah.

 

The woman with istihadah, and [similarly] someone with a constant drip of urine, or a perpetual nose-bleed, or a wound which does not stop [bleeding], performs wudu' for the time of each salah, and then they [may] perform with that wudu' whatever they wish of fard and nafl.  Then, when the time exits, their wudu' is invalidated, and they must repeat the wudu' for another salah.

 

6.5 Post-Natal Bleeding (Nifas)

- Nifas is the blood which exits following child-birth.  The blood which a pregnant woman sees, and that which a woman sees during child-birth but before the emergence of the child is istihadah.

- There is no limit for the minimum [duration] of nifas, but is maximum is forty days.  Whatever exceeds that is istihadah.  If bleeding exceeds the forty [days], and this woman had given birth before and has a regular [cycle] in post-natal bleeding, it is referred to the days of her regular [cycle].  But, if she does not have a regular [cycle] then her initial nifas is forty days.

- Whoever gives borth to two children in one pregnancy, her nifas is that blood which exits after the first child....

 

 

 7.0 FILTH

 

Purification of filth from the body and clothing of the musalli is obligatory, as from the place in which he performs salah.

 

7.1 Means of cleansing

1.  Cleansing of filth is permissible with water, and with any pure liquid with which it can be removed, such as vinegar and rose-water.

2.  If filth has touch become affixed to a khuff, and it has body, and then it dried, then rubbing it with the ground is permissible.

3.  Semen is unclean, and it is obligatory to wash it, but if it has dried on a garment it suffices to scrape it off.

4.  If filth becomes affixed to a mirror, or a sword, it is sufficient to wipe it.

5.  If the ground is contaminated by filth, and then it dries in the sun and its trace disappears, salah is permissible in that place, but tayammum is not permissible from it.

6.  Any hide which has been tanned has become clean - salah is valid on it, and wudu from it - except the skins of pigs and humans.  The hair of a dead animal, its bones, hooves, sinews and horns are clean.

 

7.2 Regulations of Cleansing

1.  Whoever is contaminated by severe filth, such as blood, urine, stool, or wine, to the extent of a dirham or less, salah is permissible with it, but if it is more [than a dirham] it is not permissible.

2.  If he is contaminated with light filth, such as the urine of those [animals] whose flesh may be eaten, salah is permissible with it as long as it does not reach one fourth of the garment.

 

3.  Cleansing of the filth which it is obligatory to wash is of two categories:

 - That which has a visible essence, its cleansing is the removal of its substance, unless there persists some trace of it which is cumersome to remove.

 - That which does not have a visible essence, its cleansing is that it be washed until the one washing is satisfied that it has been cleansed.

 

7.3 Istinja’

1.  Istinja' is sunnah.

2.  Stones, and that which take their place, suffice; one wipes [the area] until it is clean.

3.  There is no [emphasized] sunnah number [for the stones].

4.  Washing it with water is better.

5.  If  the filth exceeds its orifice, nothing but water may be used [to remove it].

6.  One should not perform istinja' with a bone, nor with dung, nor with food, nor with the right hand.

 

 

RITUAL PRAYER (SALAH)

(According to the Qur'an and Sunnah,

as extracted and inferred by scholars of the Hanafi school.)

From "Mukhtasar al-Quduri", a matn of Hanafi fiqh

 

                                             1. Times for Salah

                                                    # Times of Salah

                                                    # Preferred Times

                                                    # Disliked and Prohibited Times

                                             2. Adhan

                                                    # Its form

                                                    # Its sunnahs

                                             3. The Constituents and Manner of Performing the Salah

                                                    # Its Pre-Requisistes

                                                    # Its Rudiments

                                                    # Its Obligations

                                                    # Description of the Salah

                                                    # Disliked Actions in Salah

                                                    # Disruptors and Nullifiers of the Salah

                                                    # Prostrations of Inattentiveness

                                                    # Prostration of Recitation

                                             4. Group Prayer

                                                    # Status

                                                    # Regulations for the Follower

                                                    # Imamate

                                                    # Impermissible Imamate

                                                    # Arrangement of Rows

                                                    # Prayer in and around the Ka`bah

                                             5. Other Non-Occasional Prayers

                                                    # Witr

                                                    # Missed Prayers

                                                    # Voluntary Prayers

                                             6. Prayer under Special Circumstances

                                                    # Prayer of the Sick Person

                                                    # Prayer of the Traveller

                                                    # Fear Prayer

                                             7. Special-Occasional Prayers

                                                    # Jumu`ah

                                                    # The Two `Ids

                                                    # Eclipse Prayer

                                                    # Prayer for Rain

                                                    # The Vigil of Ramadan

                                             8. Funerals

                                                    # Preparation of the Body

                                                    # Shrouding

                                                    # The Funeral Prayer

                                                    # Burial

                                                    # The Martyr

 

1.0 TIMES FOR SALAH

 

1.1 Times of Salah

1. The beginning of the time for the dawn (fajr) [prayer] is when the second dawn rises, and that is the lateral whiteness on the horizon.  The end of its time is as long as the sun has not risen.

2. The beginning of the time for zuhr is when the sun declines.  The end of its time according to Abu Hanifah is when the shadow of everything becomes twice its [length] in addition to the shadow at midday.  Abu Yusuf and Muhammad said : when the shadow if everything becomes its [length] [instead of twice].

3. The beginning of the time for `asr is when the time for zuhr departs, according to both views.  The end of its time is as long as the sun has not set.

4. The beginning of the time for maghrib is when the sun has set.  The end of its time is as long as the twilight has not disappeared. [The twilight] is, according to Abu Hanifah, the whiteness on the horizon after the redness.  Abu Yusuf and Muhammad said : it is the redness.

5. The beginning of the time for `isha’ is when the twilight has disappeared.  The end of its time is as long as the dawn has not yet risen.

The beginning of the time for witr is after `isha’.  The end of its time is as long as the dawn has not risen.

 

1.2 Preferred times

It is recommended :

1. To brighten fajr.

2. To cool zuhr in the summer, and to delay it in the winter.

3. To delay `asr as long as the sun has not changed [color].

4. To hasten maghrib.

5. To delay `isha’ to [just] before one third of the night [has passed].

For one who is accustomed to pray during the night, it is recommended to delay witr to the end of the night.  If one is not certain of waking up [at that time] one should perform witr before sleeping.

 

1.3 Disliked and Prohibited Times

1. Salah is not permissible at the rising of the sun, nor at its stationary point at midday, nor at its setting.

2. If the sun is setting, one does not perform a funeral prayer, nor make the sajdah of recitation, [nor perform any other prayer] except the `asr of that day.

3. It is disliked to perform voluntary prayers after fajr salah until the sun rises, and after `asr salah until the sun sets.  There is no harm in praying missed prayers during these two times, [and similarly] performing prostrations of recitation, and praying over a funeral.  One does not perform the two rak`ah of circumambulation (tawaf).

4. It is disliked to perform any optional prayers after dawn [and before fajr] other than the two [sunnah] rak`ah of fajr.

5. One should not perform optional prayer before maghrib.

 

2.0 ADHAN

 

2.1 Its form

1. Adhan is sunnah for the five prayers and jumu`ah, not any others.

2. The method of adhan is that one say, Allahu Akbar Allahu Akbar . . . .

and there is no tarji` in it.

3. In the adhan of fajr, one adds, after Falah, As-salatu khayrum-min an-nawm [twice].

4. Iqamah is like adhan, except that one adds after Falah, Qad qamatis-salah twice.

 

2.2 Its sunnahs

1. One is leisurely in adhan, and hastens iqamah.

2. One faces the qiblah.

3. When one reaches Salah and Falah one turns one’s face right and left.

4. One makes adhan and iqamah for missed prayers.  If one missed more than one prayer, one makes adhan and iqamah for the first, and for the remainder has the choice:

- if one wishes, one makes adhan and iqamah,

- or, if one wishes, one suffices with the iqamah.

5. It is appropriate that one make adhan in [a state of] purity, but if one makes adhan without purity, it is valid.  It is disliked to make iqamah without wudu’, or to make adhan while in janabah.

6. One does not make adhan for a prayer before its time has entered.

 

 

3.0 THE CONSTITUENTS AND MANNER OF PERFORMING THE SALAH

 

3.1 The Pre-Requisites of Salah

It is obligatory upon the one who [wishes to] perform salah to precede [it] with:

1.  Purity from hadath

# One who cannot find [anything] with which to remove filth prays with it and does not repeat the salah.

 

2.  [Purity from] filth, in accordance with what we have mentioned previously.  Also:

# 3.  To cover his/her nakedness The nakedness of a man is that which is beneath the navel upto the knee, and the knee is [part] of the nakedness.

# The body of a free woman is all nakedness, except for her face and her hands [and her feet].

# One who cannot obtain a garment prays naked, seated, gesturing for ruku` and sujud, but if he prays standing it suffices him, although the former is better.

 

4.  To intend the salah into which one is entering, with an intention not separated from the Forbidding [Takbir] with any action.

# 5.  To face the qiblah, unless one is in fear, for then one prays in whatever direction one can. If the qiblah is obscure to him, and there is no-one in his presence whom he could ask, he exercises his judgement and prays.  Then, if he finds out that he was mistaken, by being informed after he had prayed, there is no repetition [due] upon him.  If he finds that out while he is [engaged] in the salah, he turns to the qiblah and continues.

 

6. [Conviction that the time has entered].

 

3.2 The Rudiments of Salah

The essentials of salah are six:

1.  The Forbidding [Takbir].

# If one says, in place of the takbir, Allahu ajall, or [Allahu] a`zam, or Ar-Rahman akbar, it suffices him according to Abu Hanifah and Muhammad.  Abu Yusuf said : It does not suffice him except with the wording of takbir.

 

2.  Standing.

# 3.  Recitation. The minimum recitation which suffices in salah, according to Abu Hanifah, is that which is covered by the word "Qur’an."  Abu Yusuf and Muhammad said : No less than three short verses or one long verse is sufficient.

# Recitation is obligatory in the first two rak`ah [of fard], but one has the choice in the last two : if one wishes, he can recite, if he wishes he can make tasbih, and if he wishes he can remain silent.  Recitation is oblgatory in every rak`ah of nafl, and in all [rak`ahs] of witr.

 

4.  Ruku`.

# 5.  Sujud If he restricted himself to one of the [nose and forehead] it is permissible according to Abu Hanifah.  Abu Yusuf and Muhammad said : it is not permissible to restrict oneself to the nose without a [valid] excuse.

# If he prostrated on the winding of his turban or the end of a garment it is permissible [but disliked].

 

6.  The Final Sitting, for the measure of the tashahhud.

 

3.3 The Obligations (Wajib) of Salah

[

 

      1.  Recitation of al-Fatihah in every rak`ah

      2.  Adding a surah (or three verses) in the first two rak`ahs of fard, and in every rak`ah of witr and nafl.

      3.  Standing up after ruku`.

      4.  Linking the nose with the forehead for sujud.

      5.  Tranquility in each position (ruku`, standing after it, sujud, sitting between the two sajdah).

      6.  The middle sitting.

      7.  Recitation of the tashahhud in the every sitting.

          o  The tashahhud is that one say, At-tahiyyatu lillahi was-salawatu wat-tayyibatu. as-salamu `alayka ayyuhan-nabiyyu wa-rahmatullahi wa-barakatuh.  as-salamu `alayna wa-`ala `ibadillahis-salihin. ash-hadu an la ilaha illallahu wa-ash-hadu anna muhammadan `abduhu wa-rasuluh.

      8.  Standing up for the third [rak`ah] without [any] delay after the tashahhud.

      9.  The words of salam.

      10. Vocalizing the vocal rak`ahs  [for the imam], and subduing the subdued ones [for all].

          o If one is imam, he vocalizes the recitation in fajr, and the first two rak`ah of maghrib and `isha’, and subdues that which is after the first two.

          o If one is solitary, he has the choice : if he wishes, he may recite aloud [where the imam would], making [his voice] audible to himself, or if he wills, he may subdue [his voice in all the recitation].

          o The imam subdues [the recitation] in [every rak`ah of ] zuhr and `asr.

      11. The qunut of witr.

      12. The takbirs of the Two `Ids.

13.  Sequence [in case of inattentiveness].

 

]

Everything beyond this is sunnah.

 

3.4 The Description of Salah

When a man enters salah, he pronounces takbir, and

1.  Raises his hands with the takbir until his thumbs are alongside his earlobes.

2.  He rests his right hand on his left, and brings them together under his navel.

3.  Then, he says Subhanakallahumma wa-bi-hamndika wa-tabarakasmuka wa-ta`ala jadduka wa-la ilaha ghayruk.

4.  Then, he seeks refuge with Allah from Satan, the outcast, and

5.  [then he] recites Bismillahir-Rahmanir-Rahim,

6.  subduing both of them.

Then, he recites the Opening [Chapter] of the Book, and a surah - or three verses of any surah he wishes - along with it.

7.  When the imam says wa-lad-dallin, he says Amin, and the followers also say it, [all of them] subduing it.

8.  Then, he pronounces takbir, and bows.

9.  [In ruku`] he rests his hands on his knees, spreads his fingers, extends his back and neither raises his head nor droops it.

10.  He says in ruku`, Subhana rabbiyal-`azim thrice, and that is its minimum [of perfection]. [Note : saying `azim instead of `azim here breaks the prayer.  Learn how to pronounce it correctly from someone who knows it.]

11.  Then, he raises his head from ruku` saying Sami`Allahu li-man Hamidah.

12.  The followers [and imam] say Rabbana lakal-Hamd.

Then, when he has straightened up [to the] standing [position], he pronounces takbir, and performs sajdah, resting his hands on the ground,

13.  putting his face between his palms, and prostrating on his nose and forehead.  He reveals his upper arms, separates his belly from his thighs, and turns his toes towards the qiblah.

14.  He says in his sujud Subhana rabbiyal-a`la thrice, and that is its minimum [of perfection].

Then, he raises his head, pronouncing takbir, and then when he is calm in sitting, he pronounces takbir and performs sajdah.  Then, when he is calm in sujud, he pronounces takbir.

15.  [He] straightens up [to the] standing [position] on the fronts of his feet.  He does not sit, nor lean on the ground with his hands.

He does in the second rak`ah similar to what he did in the first rak`ah, except that he does not recite the Opening Invocation, nor the Seeking of Refuge.

He does not raise his hands except at the first takbir.

16.  When he raises his head from the second sajdah in the second rak`ah, he spreads out his left leg and sits on it, and lays down the right [leg] and directs its toes toward the qiblah.  He places his hands on his thighs and stretches out his fingers and pronounces the tashahhud.

He does not add to this in the first sitting.

17. He recites the Opening [Chapter] of the Book, in particular, in the last two rak`ah [of fard].

When he sits at the end of the salah, he sits as he sat in the first and, recites the tashahhud.

18.  He invokes blessings on the Prophet (may Allah bless him and grant him peace).

19. He recites whatever invocations he wills, such as resemble the words of the Qur’an and the transmitted invocations.  He should not recite invocations which resemble the speech of mankind [amongst themselves].

20.   Then, he makes salam to his right, saying, As-salamu `alaykum wa-rahmatullah, and to his left similarly.

 

3.5 Those Actions Disliked in Salah

1.  It is disliked for the one praying to fidget with his clothes or with his body.

# He should not turn about pebbles, unless [they are such that] it is not possible for him to perform sujud, then [in which case] he smooths them once.

# He should not crack his knuckles.

 

2.  He should not put his hands on his hips.

3.  He should not hang his garment over himself [without wearing it properly].

4.  He should not plait his hair.

5.  He should gather his clothes.

6.  He should not glance about.

7.  He should not sit like a dog.

8.  He should not return the greeting of salam with his tongue [for that invalidates the prayer], and not [even] with his hand.

9.  He should not sit cross-legged except if he has an excuse.

 

3.6 Disruptors and Nullifiers of the Salah

1.  He should not eat or drink [nor commit any other significant, extraneous actions.]

2.  If hadath overtakes him, he turns away, and if he was imam, he appoints a replacement.  He [then] makes wudu’ and resumes his salah, but [for him] to re-start it superior.

# If hadath overtakes him after the tashahhud, he makes wudu’ and makes salam.

# If in this condition [i.e. after the tashahhud], he wilfully effects hadath or speaks, or performed an action which is inconsistent with salah, his salah has been performed.

 

3.  If he slept and had an erotic dream, or became insane, or lost consciousness, or laughed out loud, he re-starts the wudu’ and salah.

4.  If he spoke in his salah, intentionally or by mistake, his salah is nullified.

[5. Exposure of the nakedness, or presence of filth greater than the excusable amount, for the duration of three tasbih, nullifies the salah.]

 

6.  If one who had performed tayammum saw water [while] in his salah, his salah is nullfied, and [similarly] if he saw it after he had sat the duration of the tashahhud [according to Abu Hanifah].  Similarly:

7.  If he had wiped on his khuffs and the time-limit for his wiping expired, or

8.  If he took off his khuffs with a gentle motion, or

9.  If he had been illiterate and then learned a surah [while in prayer], or

10. If he had been naked, and then found a garment [while in prayer], or

11. If he had been gesturing, and then became capable or [performing] ruku` and sujud. or

12. He remembered that there is a salah [due] upon him before this salah, or

13. If a literate imam experienced hadath and substituted an illiterate [man], or

14. If the sun rose in salat al-fajr, or the time of `asr entered in [salat al-]jumu`ah, or

15. If he had wiped on a splint, and it fell off due to healing, or

16. If he had been an excused person, and then his excuse ceased.

[If any of these (7-16) occurred after the tashahhud] his salah is invalidated according to the view of Abu Hanifah.  Abu Yusuf and Muhammad said : his salah has been performed.

 

[The Things Which Necessitate or Permit Breaking the Prayer

It is obligatory to break the salah

 1. to save life

 2. to prevent injury to others.

It is permissible to break it : upon the threat of theft or harm of his own or someone else’s property.]

 

3.7 Prostration of Inattentiveness

1.  The prostration of inattentiveness is wajib, for excess or deficiency, [and it is preferably] after salam.  Then, he performs two sajdah, then he [sits,] performs tashahhud and [then] performs salam.

2. [The Prostration of] Inattentiveness is due if one added to the salah an action which is of its manner but not part of it, or by abandoning a [wajib] action [whose obligation is established by the] sunnah, such as in abandoning the recitation of the Opening of the Book, or the qunut, or the tashahhud, or the takbirs of the Two `Ids, or the imam’s raising his voice in that which should be subdued, or subduing it in that which should be audible.

3.  The inattentiveness of the imam makes the sujud obligatory on the follower, but if the imam does not make the sajud, the follower does not make the sujud [either].  If the follower commits [an act of] inattentiveness, the sujud [of inattentiveness] is not due on the imam nor on the follower.

4.  Someone who inattentively omitted the first sitting, and then remembered while he was [still] closer to the sitting position, should sit down and recite the tashahhud.  But, if he was closer to the standing position, he should not go back, but should prostrate for inattentiveness [at the end].

5.  Someone who inattentively missed the last sitting and thus stood up for a fifth [rak`ah] should return to the sitting as long as he has not performed sajdah [for the fifth].  He cancels the fifth [rak`ah] and performs the prostrations of inattentiveness.

If he bound the fifth [rak`ah] with a prostration, his fard is invalidated, and his salah turns into nafl, and he must add a sixth rak`ah to it.

6.  If he sat in the fourth [rak`ah] for the measure of the tashahhud, and then stood up without performing salam, thinking it to the the first sitting, he goes back to sitting as long as he has not prostrated for the fifth [rak`ah], and [then] he performs salam.

If he bound the fifth with a sajdah, he adds another rak`ah to it, and his salah has been performed.  The two [extra] rak`ah are nafl for him.  He should perform the Prostrations of Inattentiveness.

7. Someone who is assailed by doubt in his salah, such that he does not know whether he prayed three or four [rak`ah], then:

# If this is the first time it has happened to him, he re-starts the salah.

# If doubts assail him often, he builds upon his strong inclination if he has an inclination.      If he does not have an idea, he builds upon certainty.

 

3.8 Prostration of Recitation

1. The Prostrations of Recitation in the Qur’an are fourteen:

at the end of al-A`raf  [7:206], in al-Ra`d [13:15], al-Nahl [16:50], Bani Isra’il [17:109], Maryam [19:58], the first [prostration] in al-Hajj [22:18], al-Furqan [25:60] , al-Naml [27:26], Alif-Lam-Mim-Tanzeel [32:15], Saad [38:24], Ha-Mim-Sajdah [41:38], al-Najm [53:62], Idhas-Sama-unshaqqat [84:21] and Iqra-bismi-Rabbik [96:19].

2. Prostration is wajib in all these places, upon the reciter and the hearer - whether he intended to listen to the Qur’an or not.

3. Whoever desires to prostrate [for recitation] should pronounce takbir without raising his hands, and prostrate, and then pronounce takbir and raise his head.  There is no tashahhud due upon him, nor salam.

4. [Prostration while in salah]

# If the imam recites a verse of prostration, he prostrates [for] it, and the follower prostrates with him.

# If the follower recites [it], neither the imam nor the follower prostrates [for it].

# If while they were in salah, they heard a verse of prostration from a man who was not in salah with them, they should not prostrate it in the salah, but they should prostrate it after the salah. If they did prostrate it in the salah, it does not suffice them, but it does not nullify their salah.

 

# 5. [Repetition of recitation] Someone who recited a verse of prostration, but did not prostrate [for] it by the time he entered salah, and then recited it [in salah] and prostrated it, the prostration suffices him for both of the recitations.

# If he recited it outside of salah, and then prostrated it, and then entered the salah, and then recited it [again] he should prostrate, and the first prostration does not suffice him [in this case].

# Someone who repeats the recitation of a single sajdah [several times] in one sitting, a single sajdah suffices him.

 

 

4.0  GROUP PRAYER

 

4.1 Its status

1. Jama`ah is an emphasized sunnah.

2. It is disliked for women to attend jama`at, but there is no harm in old women going out for fajr, maghrib and `isha.

 

4.2 Regulations for the follower

1. Whoever desires to enter into the salah of another [as his follower] needs two intentions : the intention of salah and the intention of following.

2. The follower does not recite behind the imam.

3. Whoever followed an imam, and then came to know that [the imam] was not in [the state of] wudu’, repeats the prayer.

 

4.3 Imamate

1. The most worthy of people of imamate is the most knowledgeable of the sunnah; if they are equal [in that] then the best reciter of the Qur’an; then if they are equal [in that] then the most precautious of them; then if they are equal [in that] then the eldest.

2. It is disliked to send ahead [as imam] : a slave, a transgressor, a blind man and an illegitimate child, but if they took the lead, it is valid.

3. It is appropriate that the imam not prolong the salah for [the followers].

It is permissible :

that one with tayammum lead people with wudu’,

that  one who wiped on khuffs [lead] people who washed [their feet].

A standing person may pray behind one sitting.

 

4.4 Impermissible Imamate

1. It is not permissible for men to follow a women or a [non-adult] boy.

2. A clean person should not pray behind one with a constant drip of urine, nor [should] a clean woman [pray] behind one with istihadah, nor

3. A reciter behind an unread, nor

4. A clothed person behind a naked.

5. One who performs ruku` and sujud should not pray behind one who is gesturing.

6. One who is performing fard should not pray behind one who is performing nafl, nor behind one who is performing another fard.

7. One performing nafl may pray behind one performing fard.

 

4.5 Arrangement of Rows

1.  Someone who prays with one [follower] makes him stand on his right.  If they are two [or more] then he steps ahead of them.

2.  The men line up, and then [behind them] the boys, and then the women [at the back].

3.  If a woman stands beside a man, the two of them taking part in one [and the same] salah, his salah is spoiled.

4.  It is disliked for women to pray in jama`ah on their own, but if they do then the imam stands in their midst.

 

4.6 Prayer in and around the Ka`bah

1. Salah is permissible - [whether it be] obligatory or optional.

2. If the imam prays with a group, and some of them put their backs to the imam’s back, it is permissible, but whoever puts his back to the imam’s face, his salah is not valid.

3. When the imam prays in the Sacred Mosque, the people form circles around the ka`bah, and pray the prayer of the imam.  Whoever among them is closer to the ka`bah than the imam, his salah is valid if he is not on the side of the imam.

4.  The salah is valid for one who prays on the top of the ka`bah.

 

 

5.0  OTHER NON-OCCASIONAL PRAYERS

 

5.1 Witr

1. Witr is three rak`ah, which one does not separate with salam.

2. One makes [du`a] qunoot in the third [rak`ah] before ruku`, throughout the year.

3. One recites the Opening of the Book, and a Surah along with it, in every rak`ah of witr.

4. When one desires to perform qunoot, he pronounces takbir, raises his hands, and then recites qunut.

5. One does not recite qunut in any salah other than [it, except on occasions of calamity].

 

5.2 Missed Prayers

1.  Whoever misses a prayer makes it up when he remembers it, and necessarily performs it before the prayer of the time, unless he fears missing the [time of] the current prayer, in which case he first performs the prayer of the time, and then makes up [the missed prayer].

2.  If he missed many prayers, he makes them up in sequence, as they were originally due, unless the missed prayers [are equal to or] exceed six prayers, in which case the sequence is waived in them.

 

5.3 Voluntary Prayers

1.  The sunnah salah is that one pray :

 

       two rak`ah after the rise of dawn,

       four [rak`ah] before zuhr, and two after it

       four before `asr, or if one wishes two,

       two rak`ah after maghrib,

 four [rak`ah] before `isha’, and four after it, or if he wishes two.

 

2.  In the supererogatory (nafl) of the day : if one wishes, he can pray two rak`ah with a single taslim, or if he wishes four.  It is disliked to exceed that.

3. As for the supererogatory [prayers] of the night : Abu Hanifah said : if one prays eight rak`ah with a single taslim, it is valid, and it is disliked to exceed that.  Abu Yusuf and Muhammad said : By night one should not exceed two rak`ah with a single taslim.

4.  Whoever enters into nafl salah, and then invalidates it, makes it up.  If one prayed four rak`ah, and sat after the first two, and then invalidated the last two, he makes up two rak`ah.

5.  One may perform nafl sitting [even] with capability to stand.  If one began it standing, and then sat down, it is valid according to Abu Hanifah.  Abu Yusuf and Muhammad said : it is not permissible except for an excuse.

6.  It is permissible for who is outside settled area to perform nafl, by gesturing, [while riding] on his beast, in whatever direction it faces.

 

 

6.0 PRAYER UNDER SPECIAL CIRCUMSTANCES

 

6.1 Prayer of the Sick Person

1.  When it is impossible for a sick person to stand, he prays sitting, performing ruku` and sujud.  if he is unable to perform ruku` and sujud, he makes gestures with his head, and makes the sujud lower than the ruku`.  He should not raise anything to his face to perform sujud on it.

2.  If he is unable to sit, he lies down on his back, puts his legs towards the qiblah, and gestures for ruku` and sujud.  If he lay down on his side, with his face toward the qiblah, and gestured, it is valid.

3.  If he is unable to gesture with his head, he delays the salah; he does not [have to] indicate with his eyes, nor with his heart, nor with his eyelids.

4.  If he is capable of standing, but is not capable of ruku` and sujud, he is not required to stand [for the gesturing of ruku`].  It is permissible for him to pray [standing only for recitation, and then] sitting [while] making gestures.

5.  If a healthy person prayed part of his salah standing, and then some illness ensued [rendering him incapable of standing], he completes it sitting, performing ruku` and sujud, or gesturing if he is not able to [perform] ruku` and sujud, or lying down if he is not able to sit.

6.  Someone who, on account of illness, prayed sitting, performing ruku` and sujud, and then became healthy, continues his salah standing.  But, if he prayed part of his salah with gestures, and then became capable of ruku` and sujud, he re-starts the salah.

7.  Someone who loses consciousness for five prayers or less makes them up when he recovers, but if he misses more than that due to unconsciousness, he does not make [them] up.

 

6.2 Prayer of the Traveller

 

Qualification for the concession

1. The journey whereby regulations become altered is that a man intend [to reach] a place [which is such that] there is between him and it [a distance of] three days’ or nights’ journey, according to the progress of a camel or [that] by foot.   That is not considered [in the same way] for travel by sea.

2.   The disobedient and the obedient on a journey are equal in the dispensation.

 

Number of Rak`at

1. The fard of the traveller, according to us, is two rak`ah in every four-rak`ah prayer, it not being permissible for him to add [two more] to them.  But, if he prayed four [rak`ah], and had sat in the second for the measure of the tashahhud, [the first] two rak`ah suffice him for his fard, and the last two are nafl for him.  However, if he did not sit for the measure of the tashahhud in the first two rak`ah, his salah is invalidated.

2.  One who sets out as a traveller prays two rak`ah [instead of four] when he leaves behind the houses of the settled area.

3.  When a traveller enters into [group] prayer of a resident, while the time [of the salah] remains, he prays the salah in full.  But, if he enters with [the resident] in a missed prayer, his salah is not valid behind him.

4.  When a traveller leads residents in two rak`ah, he performs taslim, and then the residents complete their salah.  It is recommended for him, when he performs taslim, to say, ‘Complete your salah, for we are journeying people.’

5.  Whoever misses a prayer on a journey, makes it up as two rak`ah [even if he makes it up] in residence.  Whoever missed a prayer in residence makes it up as four rak`ah [even if he makes it up] on a journey.

 

Breaking the Journey

1.  He continues to apply the regulations of travel until he intends to remain in a city fifteen days or more, at which point he is required to pray in full.  If he intends to remain less than that, he does not pray in full.

2.  Someone who enters a city, and does not intend to remain there fifteen days, but rather says [each day], ‘Tomorrow I will depart, or the day after I will depart,’ until he remains in this way for years [remains a traveller, and thus] prays two rak`ah.

3.  When an army enters the land of war, and then intend to remain there fifteen days, they do not pray the salah in full.

4.  When the traveller enters his home-town, he prays the salah in full, even if he did not intend to remain there.

5.  Whoever has a home-land, and then moves from it and takes up residence in another land, and then travels and enters his first home-land, does not pray the salah in full.

6.  If the traveller intends to remain in Makkah and Mina fifteen days, he does not pray the salah in full.

 

6.3 Fear Prayer

1.  When fear is severe, the imam divides the people into two groups : one group [who remain] facig the enemy, and one group [who stand] behind him.  Then, he prays with this [latter] group one rak`ah with two sajdah.  Then, when he raises his head from the second sajdah, this group goes back to face the enemy, and the [other] group comes [to take their place].  The imam leads them in one rak`ah with two sajdah, and then performs tashahud and taslim.  [The followers] do not perform taslim, but [rather] go to face the enemy.  The first group [now] comes [back], and pray one rak`ah on their own, with two sajdah, without recitation, and then perform tashahhud and taslim, and then go back to face the enemy.  The other group [now] comes [back] and pray one rak`ah with two sajdah, with recitation, and [then] perform tashahhud and taslim.

2.  If the imam is a resident, he prays two rak`ah with the first group and two rak`ah with the second.

3.  In maghrib, he prays two rak`ah with the first group and one rak`ah with the second.

4.  They do not fight while in the state of salah, and if they do that their salah is invalidated.  If the fear is intense, they pray while riding, individually, gesturing for ruku` and sujud  : in whatever direction they wish if they are not capable of facing the qiblah.

 

 

7.0 SPECIAL OCCASIONAL PRAYERS

 

7.1 Jumu`ah Prayer

 

Conditions for Validity

1.  Jumu`ah is not valid except in a large town, or in the prayer-ground of the large town.  It is not permissible in villages.

2.  It is not permissible to establish it except with the ruler, or one whom the ruler has ordered [to establish it].

3.  Among its conditions is the time.  It is valid in the time of zuhr, and it is not valid after it.

4.  Among its conditions is the khutbah before the salah.

If he restricted himself to remembrance of Allah, it is valid according to Abu Hanifah.  Abu Yusuf and Muhammad said : it is essential to have a long reminder which could be called a khutbah.

5. Among its conditions is a group (jama`ah).

Their minimum according to Abu Hanifah is three apart from the imam.  Abu Yusuf and Muhammad said : two apart from the imam.

 

Obligation of Jumu`ah

1.  Jumu`ah is not obligatory on a traveller, nor a woman, nor an invalid, nor a slave, nor a blind person.  But, if they attend and pray with the people, it suffices them for the fard of the time.

# It is permissible for travellers, slaves, invalids and the like to lead in jumu`ah.

# It is disliked for excused people to pray zuhr in jama`ah on the day of jumu`ah, and similarly the people of a prison.

 

2.  The salah of one who prayed zuhr at home on the day of Jumu`ah, before the imam’s salah, without an excuse, is valid, but that is [prohibited] for him.  If it occurs to him to attend jumu`ah, such that he set out towards it, the zuhr salah ir invalidated by his setting forth - according to Abu Hanifah.  Abu Yusuf and Muhammad said : it is not invalidated until he enters [into salah] with the imam.

3.  When the mu’adh-dhin calls the first adhan on the day of jumu`ah, people stop buying and selling, and set out for salat al-jumu`ah.

 

Regulations of the Salah

1.  The imam recites audibly in the two rak`ahs.

2.  There is no specific surah to recited in them.

3.  Whoever joined the imam on the day of jumu`ah prays with him whatever he caught, and builds jumu`ah on that basis.  If he joined him in the tashahhud, or in the Prostrations of Inattentiveness, he performs jumu`ah accordingly - according to Abu Hanifah and Abu Yusuf.  Muhammad said : if he caught with him most of the second rak`ah, he performs jumu`ah accordingly, but if he caught less than that, he completes it as zuhr.

 

Sunnah Aspects of the Khutbah

1.  When the imam comes emerges on the minbar on the Day of Jumu`ah, people stop performing salah, and [stop] talking until he has finished his khutbah.

2.  When the imam ascends the minbar, he sits down, and the mu’adh-dhin calls [the second] adhan in front of the minbar.

3.  The imam delivers two khutbahs, separating them with a sitting.

4.  He delivers the khutbah standing, in a state of purity.

5.  If he delivered the hutbah sitting, or not in a state of purity, it is valid, but disliked.

6.  When he has finished from the khutbah, the call the iqamah for the salah, and [then] pray.

 

7.2 Prayers of the Two `Ids

 

`Id al-Fitr

1.  It is recommended on the Day of Fast-Breaking (Fitr) for the person, before leaving for the prayer-ground:

# To eat,

# To perform ghusl,

# To apply perfume.

 

2.  One sets out for the prayer-ground.  According to Abu Hanifah, one does not pronounce takbir [audibly] on the way to the prayer-ground.  According to the two : one pronounces takbir [audibly].

 

`Id al-Adha

1.  It is recommended on the Day of Sacrifice (Adha) :

# to perform ghusl,

# to apply perfume,

# to delay eating until having finished from the salah.

 

2.  One sets out for the prayer-ground, pronouncing takbir [audibly]

 

Salat al-`Id

1.  One does not perform nafl salah in the prayer-ground before salat al-`id.

2.  When the salah becomes permissible, by the sun ascending [a spear’s height after sunrise], the time for [salat al-`id] has entered, [and it remains] until midday.

# If the new crescent was obscured from people, such that they testified before the imam about seeing the crescent after midday, [the imam] performs `id [salah] the next day.  Then, if some excuse occurs, preventing the people from salah on the second day, he does not perform it after that.

# If an excuse occurred preventing the people from [performing] the salah on the Day of Sacrifice, he performs the salah the next day, or the day after.  He does not perform it after that.

 

# 3.  The imam leads the people in two rak`ah. In the first [rak`ah] he pronounces the opening takbir, and three [takbirs] after it.  Then, he recites the Opening of the Book and a surah with it.  Then, he pronounces a takbir, going into ruku` with it.

# Then, he starts the second rak`ah with recitation.  When he has finished from the recitation, he pronounces three takbirs.  He pronounces a fourth takbir, going into ruku` with it.

# One raises one’s hands in the takbirs of the two `ids.

 

4.  Then, he delivers two khutbah after the salah teaching people about Sadaqat al-Fitr and its regulations [on `Id al-Fitr].

[On `Id al-Adha] he delivers two khutbah after [the salah] teaching people therein about the Sacrifice and the Takbirs of Tashriq.

5.  Whoever misses salat al-`id with the imam does not make it up.

 

The Takbirs of Tashriq

1.  The first of the takbirs of tashriq is after salat al-fajr on the Day of `Arafah.  According to Abu Hanifah, the last of it is after salat al-`asr on the [first] Day of Sacrifice.  Abu Yusuf and Muhammad said : [it lasts] until salat al-`asr of the last of the Days of Tashriq.

2.  The takbir is after the fard prayers, and it is that one say : Allahu Akbar Allahu Akbar, La ilaha illallahu Wallahu akbar, Allahu Akbar wa-Lillahil-Hamd.

 

7.3 Eclipse Prayer

1.  When the sun is eclipsed, the imam performs with the people two rak`ah, in the manner of nafl, with one ruku` in each rak`ah.

2.  He prolongs the recitation in both [rak`ah].  He recites inaudibly according to Abu Hanifah.  Abu Yusuf and Muhammad said : he recites audibly.

3.  Then, he supplicates after that, until the sun appears again.

4.  The imam who leads the people in jumu`ah leads them [in the solar-eclipse] prayer.  If he did not assemble [the people to pray], the people pray it individually.

5.  There is no khutbah in the solar-eclipse.

6.  There is no group [prayer] for the lunar eclipse.  Each individual merely prays on his own.

 

7.4 Prayer for Rain

1.  Abu Hanifah (may Allah’s mercy be upon him) said : there is no [emphasized] sunnah salah in a group to pray for rain [although it is recommended], but if people pray singly, it is permissible.  [The emphasized aspect of] praying for rain is merely supplication and seeking forgiveness.

Abu Yusuf and Muhammad said : [it is sunnah that] the imam lead the people in two rak`ah, making the recitation audible in them.  Then, he delivers a khutbah [or two].

2.  He faces the qiblah in supplication.  The imam switches his cloak around [when starting the supplication], but the people do not switch their cloaks around.

3.  The People of the Covenant [of Jizyah] do not attend the Prayer for Rain.

 

7.5 The Vigil of Ramadan (Tarawih)

1.  It is recommended that the people gather in the month of Ramadan after `isha’, so that their imam can lead them in five tarwihah, with two taslim in each tarwihah.

2.  He sits between every two tarwihah the duration of a tarwihah.

3.  Then he leads them in witr.

# Witr should not be performed with a group in other than the month of Ramadan.

 

 

8.0 FUNERALS

 

8.1 Preparation of the Body

1.  When [death] approaches a man, he is turned towards the qiblah on his right side, and the Two Testifications are suggested to him.

2.  Then, when he dies, they tie his jaws [shut] and close his eyes.

3.  When they want to wash him, they put him on a dais, place a cloth over his nakedness and remove his clothes.  They perform wudu’ for him, but do not rinse his mouth, nor his nostrils [unless he was in janabah].  Then, they pour water over him.  The dais is perfumed thrice with incense.  The water is boiled with lote-leaves, or with saltwort, but if there is none then pure water [is used].  His head and beard are washed with marsh mallow.  Then, he is made to lie on his left side, and is then washed with water and lote until it is seen that the water has reached to that [part] of [the body] adjacent to the dais.  Then, he is made to lie on his right side, and then washed with water and lote until it is seen that the water has reached to that [part] of [the body] adjacent to the dais.  Then [the washer] makes him sit up, and to lean against him, and he wipes his stomach with a gentle stroke.  Then, if anything emerges from him, he washes [that area], but does not repeat his ghusl.

4.  Then, he wipes him with a cloth and puts him in his shrouding garments.  He puts hunut  on his head and his beard, and camphor on the places of prostration.

5.  Any [fetus] that produces a sound after birth is prayed over.  If it did not produce a sound, it is wrapped in a cloth, and it is not prayed over.

 

8.2 Shrouding

1.  The sunnah is that a man be shrouded in three shrouds : a waist-wrapper (izar), an upper garment (qamis) and a wrapper (lifafah), but if they restrict [it] to two shrouds, it is permissible.  When they desire to wrap the wrapper around him, they begin with the left side, putting [the shroud] over it, then the right side.  If they fear the shroud may unfold from him, they tie it.

2.  A woman is shrouded in five garments : a waist-wrapper, an upper-garment, a scarf, a piece of cloth with which her breasts are tied, and a wrapper.  If they restrict [it] to three shrouds, it is permissible.  The scarf should be on top of the upper-garment under the wrapper.  Her hair is placed on her chest.

3.  The deceased’s hair is not combed, nor his beard, nor are his nails cut, nor is his hair braided.

4.  The shrouds are perfumed with incense an odd number of times before he is inserted into them.

5.  When they are done with this, they pray over him.

 

8.3 The Funeral Prayer

1.  The most worthy of people to pray over him is the ruler if he is present.  But, if he is not present then it is recommended to send ahead the imam of his locality, then the waliyy.  If [someone] other than the waliyy or the ruler prayed over him, the waliyy repeats [the prayer], but if the waliyy prayed then it is not permissible for anyone to pray after him.

2.  The prayer should not be performed over the deceased in a group[-prayer] mosque.

3.  The prayer is :

# that one pronounce a takbir, extolling Allah, the Exalted, after it,

# then, one pronounces a takbir, and [then] sends salutations on the Prophet (may Allah bless him and grant him peace),

# then one pronounces a takbir, supplicating therein for himself, for the deceased and for the Muslims.

# then one pronounces a fourth takbir and pronounces taslim.

 

4.  If he was buried without the prayer being performed over him, it is performed over his grave.

 

8.4 Burial

1.  Then, when they carry him on his dais, they hold its four ‘legs’, and walk with it swiftly [but] without racing.

2.  Then, when they reach his grave, it is disliked for people to sit before it is let down from the men’s shoulders.

3.  The grave is dug and an incision is made in the qiblah-side wall.

4.  The deceased should be entered from [the side] adjacent to the qiblah.  When he is placed in the incision, the one placing him says, Bismillah wa-`ala millati Rasulillah, and faces him to the qiblah.  He unties the knot, and arranges unbaked bricks in [the incision].  It is disliked to use baked bricks and wood.  There is no harm in [using] straw [in addition].

5.  Then, the soil is piled on.  The grave is raised like a camel’s hump, and not flattened.

 

8.5 The Martyr

1.  The martyr (shahid) is someone whom the pagans killed, or who was found in the battle-field with the mark of wounding on him, or who was killed wrongfully by the Muslims and for whose death blood-money did not become due [initially].

# One who is killed in a prescribed punishment, or retaliatory execution, is washed and prayed over.

# Those rebels and highway robbers who are killed are not prayed over.

 

2.  [The martyr] is shrouded and prayed over, but he is not washed.  If one in janabah was martyred, [then] according to Abu Hanifah he is washed.  Similar [is the case with] the child.  Abu Yusuf and Muhammad said : they are not washed.  The martyr’s blood is not washed off him, nor are his clothes removed, but furs, khuffs, padded garments and weapons are removed from him.

# 3.  One who lingered [in dying] is washed.   Lingering is : that he eat, or drink,

# or receive medical treatment,

# or remain alive until the time of one salah passes over him while he is conscious,

# or that he be transported from the battle-field alive.

 

FASTING (SIYAM)

(According to the Qur'an and Sunnah,

as extracted and inferred by scholars of the Hanafi school.)

From "Mukhtasar al-Quduri", a matn of Hanafi fiqh

 

                                              # The Obligation of Fasting

                                              # The Intention

                                              # Sighting the Crescent

                                                    * For Ramadan

                                                    * For `Id

                                              # Actions of the Fasting Person

                                                    * Things that do not break the fast

                                                    * Things that are disliked for the fastiung person

                                                    * Things that break the fast and require a makeup

                                                    * Things that break the fast, and require makeup and expiation

                                              # Excuses

                                                    * Those who may postpone fasting

                                                    * Making up missed fasts

                                                    * Fidyah

                                              # Seclusion

 

1.0 THE OBLIGATION OF FASTING

1.  The time for fasting is from the rising of the second dawn until the setting of the sun.

2.  Fasting is : abstention from eating, drinking and sexual intercourse by day with the intention.

3.  If in Ramadan a child reached adulthood, or an unbeliever accepted Islam, they abstain [from things which invalidate fasting] for the remainder of that day, and fast that which comes thereafter.  They do not make up what passed.

4.  If a traveller arrives [at his place of residence], or a [menstruating] woman attains purity with part of the day [remaining], they abstain [from those things which invaliate fasting] for the rest of that day.

 

 

2.0 THE INTENTION

Fasting is of two sorts : obligatory and supererogatory (nafl).

# 1.  The obligatory is of two sorts : among it is that which is attached to a specific time, such as the fast of ramadan, and a specified vow.  The fasting of [this category] is valid with an intention from the night, but if one did not intend until the morning, the intention suffices him between [dawn] and {the middle of the day}.

# The second sort is that which becomes obligatory to fulfil, such as the make-up [fasts] of Ramadan, unrestricted vows, and atonements.  These are not valid without an intention from the night.

 

2.  All of the nafl is valid with an intention before {the middle of the day}.

 

 

3.0 SIGHTING THE CRESCENT

 

3.1 For Ramadan

1.  It is imperative for the people to seek the new crescent on the twenty-ninth day of Sha`ban.  Then, if they see it, they fast [the following day], but if it is obscured from them, they complete the couting of Sha`ban as thirty days and then fast [after that].

2.  Whoever sights the new crescent of Ramadan alone fasts, even if the imam does not accept his testimony.

3.  If there is some obstruction in the sky, the imam accepts the testimony of one upright [Muslim] - be that male or female, free-man or slave - for the sighting of the crescent.  But, if there is no obstruction in the sky, [one individual’s] testimony is not accepted until a large multitude sight it, by whose report [certain] knowledge is attained.

 

3.2 For `Id

1.  Someone who alone sights the crescent for ending the fast does not stop fasting.

2.  When there is some obstruction in the sky, only the testimony of two men, or one man and two women, is accepted for [sighting of] the crescent for ending the fast.  But, if there is no obstruction in the sky, only the testimony of a large multitude -- by whose report [certain] knowledge is attained -- is accepted.

 

 

 

4.0 ACTIONS OF THE FASTING PERSON

 

4.1 Things that do not break the fast

1.  If the fasting one ate, or drank, or had sexual inercourse out of forgetfulness [that he was fasting], his fast is not broken.

2.  If he slept and then had an erotice dream, or looked at a woman and ejaculated, or oiled [his head], or underwent blood-letting, or used antimony [in his eyes], or kissed, his fast is not broken.

3.  If one is overcome by vomiting, his fast is not broken.

4.  If he applied drops inside his urethra, his fast is not broken according to Abu Hanifah.  Abu Yusuf said : his fast is broken.

 

4.2 Things that are Disliked for the Fasting Person

1.  If someone tastes something with his mouth, his fast is not broken, but it is disliked for him to do that.

2.  It is disliked for a woman to chew the food for her infant if she has some alternative.

3.  Chewing gum does not break the person’s fast, but it is disliked.

 

4.3 Things that Break the Fast and require Makeup

1.  If he ejaculated on account of a kiss or touch, then make-up is due upon him.

There is no harm in kissing if he feels himself safe, but it is disliked if he does not feel safe.

2.  Makeup is due, but not expiation, for someone who had intercourse in other than the private parts and ejaculated.

3.  If one deliberately made himself vomit a mouthful then makeup is due upon him.

4.  The fast of someone who swallows pebbles or iron is broken.

5.  Whoever had an anal enema, or applied nose-drops, or ear-drops, or treated a torn belly or a skull-fracture with medicine such that it reached his body cavity or his brain, his fast is broken.

 

6.  If someone had suhur thinking the dawn had not [yet] risen, or broke his fast thinking the sun had set, and then it turned out that the dawn had risen, or that the sun had not set, makes up that day, but there is no expiation due on him.

7.  Someone who lost consciousness in Ramadan does not make up the day on which the loss of consciousness occurred, but he makes up that which came after it.

8.  If an insane person regained sanity with part of Ramadan [remaining], he makes up what passed of it.

9.  If a woman menstruates, she stops fasting and makes up [fasting for the days of menstruation].

 

10. Whoever enters into an optional fast, or an optional prayer, and then spoils it, makes it up.

 

4.4 Things that Break the Fast and require Makeup and Expiation

1.  Expiation is due on someone who

 deliberately has sexual intercourse in one of the two passages,

 or eats or drinks something which provides nutrition, or is used for treatment

2.  The expiation is like the expiation for zihar.

3.  There is no expiation for spoiling a fast in other than Ramadan.

 

 

5.0 EXCUSES

 

5.1 Those who may Postpone Fasting

1.  Someone who is sick in Ramadan, and fears that if he fasts his sickness will increase, breaks his fast and makes [it] up [later].

2.  If one is a traveller who is not harmed by fasting, then for him to fast is preferable, but if he does not fast and makes it up [later] it is permissible.

3.  The pregnant or nursing woman, if they fear for their children, do not fast and make it up, and there is no redemption due upon them.

 

5.2 Making up Missed Fasts

1.  The makeup of Ramadan may be performed separately if one wishes, or consecutively if one wishes.

2.  If one delayed it until another Ramadan entered, he fasts the second Ramadan, and makes up the first after it, and there is no redemption due upon him.

3.  If the invalid or the traveller dies while they are in that condition, makeup is not incumbent upon them.  But, if the invalid recovers, or the traveller takes up residence, and then they die, makeup is incumbent upon them for the extent of the health or residence.

 

5.3 Redemption (Fidyah)

1.  The aged man who is not capable of fasting does not fast, and for every day he feeds a poor person, just as one feeds in expiations.

2.  Whoever died with makeup [fasts] of Ramadan due upon him, and bequeathed for it, his guardian, on his behalf, feeds for every day to one poor person : half a sa` of wheat, or one sa` of dates, or one sa` of barley.

 

 

6.0 SECLUSION (I`TIKAF)

1.  Seclusion is praiseworthy.  It comprises remaining in the mosque, with fast and the intention of seclusion.

2.  It is prohibited for the secluded one :

• to have sexual intercourse

• to touch [with lust]

• to kiss

3.  If the secluded one had sexual intercourse, by night or day, his seclusion is invalidated.

3.  He should  not exit from the mosque except for a a human need, or [for] Jumu`ah [prayer].

4.  There is no harm in his buying or selling in the mosque without bringing the goods there.

5.  He should speak only well, but [intentional] silence is disliked for him.

6.  Whoever obligated upon himself seclusion for [a number of] days is obliged to to seclude himself for them along with their nights, and [the days] are consecutive, even if he did not stipulate consecutiveness.

 

PILGRIMAGE (HAJJ)

(According to the Qur'an and Sunnah,

as extracted and inferred by scholars of the Hanafi school.)

From "Mukhtasar al-Quduri", a matn of Hanafi fiqh

(with some rearrangement).

(Evidences are generally omitted for brevity)

 

      

                                             1. OBLIGATION OF HAJJ

                                                    * Fard Rites in Hajj

                                                    * Wajib Acts in Hajj

                                             2. THE IHRAM

                                                    * The Mawaqit

                                                    * Entering Ihram

                                                    * Forbidden Deeds during Ihram

                                                    * Permissible Deeds during Ihram

                                                    * Recommended during Ihram

                                             3. COMPONENTS OF HAJJ (IFRAD)

                                                    * The Tawaf of Arrival

                                                    * The Sa`y

                                                    * Going out to Mina

                                                    * Arafah

                                                    * Muzdalifah

                                                    * Pelting Jamrat al-`Aqabah

                                                    * The Tawaf of Pouring Forth (Ifadah) or Visiting (Ziyarah)

                                                    * Stoning the Jamarat

                                                    * The Tawaf of Farewell (Wida`)

                                                    * Special regulations for women

                                             4. QIRAN

                                                    * `Umrah Components

                                                    * Hajj Components

                                                    * The Sacrificial Blood of Qiran

                                             5. TAMATTU`

                                                    * `Umrah Components

                                                    * Hajj Components

                                                    * The Sacrificial Blood of Tamattu`

                                             6. TRANSGRESSIONS IN PILGRIMAGE

                                                    * Transgressions of the Ihram; Sexual Transgressions

                                                    * Transgressions in Tawaf

                                                    * Other Miscellaneous Transgressions

                                                    * Hunting Transgressions; Killing Game, Other Hunting Transgressions

                                                    * Violations of the Haram

                                                    * Transgressions in Hajj Qiran

                                             7. BEING PREVENTED FROM PERFORMING HAJJ (IHSAR) OR MISSING THE HAJJ (FAWAT)

                                                    * Ihsar; Make-up Requirements, Removal of the Prevention

                                                    * Fawat

                                             8. `UMRAH

                                             9. THE SACRIFICIAL ANIMAL

                                                    * Permissible Animals

                                                    * Benefitting from Sacrificial Animals

                                                    * Preparation and Slaughter

                                                    * Replacement

                                            10. IMMOLATION (UDHIYAH/QURBANI)

                                                    * Obligation

                                                    * Slaughter

                                                    * Benefitting from the Sacrifice

 

 

1.0 OBLIGATION OF HAJJ

1.  Hajj is obligatory on free, sane, healthy adults if

• they are capable of [affording] provision and transportation, in excess of one’s dwelling, of that which is essential, and the maintenance of one’s family until the time of his return, and

• the way is safe, and

• for a woman, her having a mahram or husband to perform hajj with her, is considered.  It is not permissible for her to perform hajj without [these] two if there is between her and Makkah a distance of three days’ and nights’ journey.

2.  If a youth attains maturity, or a slave is freed, after entering ihram, and they continue thus, it does not suffice them for the Hajj of Islam.

 

[

1.1 Fard Rites in Hajj

1. Ihram, before any of the other rites.

2. Standing at `Arafah, for at least a moment, any time between the decline of the sun on the 9th of Dhu’l-Hijjah, and the dawn of the 10th.

3. Tawaf of Visiting, after the Standing at `Arafah, with intention.

4. Maintaining the order between the fard acts (ihram-Standing-Tawaf)

5. Keeping away from sexual intercourse before the Standing.

 

1.2 Wajib Acts in Hajj

1. Standing at Muzdalifah, for at least a moment after dawn on the 10th of Dhu’l-Hijjah.

2. Sa`y (Running between Safa and Marwah)

3. Pelting the Jamarat

4. Tawaf of Leaving, for other than menstruating women and the residents of Makkah.

5. Cutting or shaving the hair of the head within the Haram, within the Days of Immolation.

6. Not delaying ihram beyond the miqat.

7. Keeping away from transgressions of the ihram (sexual intercourse after the Standing, wearing sewn garments, covering the head and/or face).

8. Prolonging the Standing at `Arafah until after sunset and after the imam has begun issuing forth.

9. Delaying Maghrib and `Isha’ until Muzdalifah

10. Not delaying the Tawaf of Visiting beyond the Days of Immolation.

11. Beginning tawaf from the Black Stone.

12. Performing tawaf counter-clockwise.

13. Performing tawaf around the hatim.

14. Walking in tawaf, for one who has no excuse.

15. Being in a state of purity during tawaf.

16. Covering the nakedness during tawaf.

17. Performing two rak`ah after tawaf.

18. Beginning Sa`y from Safa

19. Walking in Sa`y, for one who has no excuse.

20. Performing Sa`y after a valid Tawaf

21.  Slaughtering a ewe, for one performing tamattu` or qiran.

22. Maintaining the order between pelting, slaughtering and cutting hair.

]

 

2.0 THE IHRAM

 

2.1 The Mawaqit

1. The mawaqit which it is not permissible for a person to pass except in the state of ihram are:

• for the people of Madinah : Dhu’l-Hulayfah,

• for the people of `Iraq : Dhatu-`Irq,

• for the people of the Levant (al-Sham) : al-Juhfah,

• for the people of Najd : Qarn al-Manazil,

• for the people of Yemen : Yalamlam.

2. If one entered ihram before these mawaqit, it is valid.

3. The miqat of one whose dwelling-place is after the mawaqit, is al-Hill .

4. The miqat of one who is in Makkah is the Haram for hajj and al-Hill for `umrah.

 

5. The Months of Hajj are : Shawwal, Dhu’-Qa`dah, and the [first] ten of Dhu’l-Hijjah.  But, if one entered ihram for hajj before this, it is valid, and it counts as hajj [except that he must wait until the time of hajj to perform the rites].

 

2.2 Entering Ihram

When one desires to enter ihram, he

1. performs ghusl or wudu’, but ghusl is better

2. wears two new or washed cloths : an izar (waist-wrapper) and a rida’ (upper garment).

3. applies perfume if he has some

4. he prays two rak`ah

5. says, Allahumma inni uridu’l-hajja fa-yassirhu li wa-taqabbalhu minni.

6. pronounces talbiyah after his salah.

• If he is performing hajj alone (ifrad), he intends hajj with his talbiyah.

• The talbiyah is that one say : Labbayk-allahumma labbayk.  Labbayk la sharika laka labbayk.  Innal-hamda wan-ni`mata laka wal-mulk.  la sharika lak.

• It is not appropriate to leave out any of these words, but if one added [something] after them it is permissible.

 

2.3 Forbidden Deeds during Ihram

When one has pronounced talbiyah, he has entered ihram, and so he should keep away from that which Allah has forbidden :

1. rafath (sexual intercourse, or sexual talk),

2. fusuq (sins) and

3. jidal (argument).

4. He should not kill game, nor point it out, nor direct to it.

5. He should not wear a shirt, nor pants, nor a turban, nor a cap, nor a gown.

Nor [should he wear] khuffs unless he cannot find shoes, in which case he should cut them below the tarsus

6. He should not cover his head, nor his face.

7. He should not apply perfume.

He should not wash his hair or beard with marsh amllow.

8. He should not shave his head, nor his body hair, nor cut [anything from] his beard, nor [cut] his nails.

9. He should not wear a garment died with wirs , saffron or safflower, unless it has been washed and does not exude fragrance.

 

2.4 Permissible Deeds during Ihram

There is no harm in :

1. performing ghusl

2. entering a bath-house

3. taking shade under a house, or a canopy

4. Tying a himyan (belt to carry money) around his waist.

 

2.5 Recommended during Ihram

One should recite talbiyah abundantly, after salah, and whenever one mounts an elevated place, or descends into a valley, or meets riders, and in the last part of the night.

 

3.0 COMPONENTS OF HAJJ (IFRAD)

 

3.1 The Tawaf of Arrival

When one enters Makkah, he begins [by going] to the Sacred Mosque, then when one sees the House, he pronounces takbir and tahlil.

1. Then, one starts at the Black Stone, faces it, pronounces takbir, raises his hands and touches it, and kisses it if one is able to [do so] without harming any Muslim.

2. Then, he starts [walking] to his right, by the door [of the Ka`bah],

3. having donned his rida’ in the style of idtiba’ .

4. One makes ones tawaf (circumambulation) around the Hatim.

5. One performs raml  in the first three circuits, and walks calmly in the remaining [four].

7. One touches the Stone whenever one passes by it, if one is able, and one ends the tawaf with touching [it].

8. Then, one proceeds to the Maqam (Station of Prophet Abraham) and prays two rak`ah at it, or wherever he is easily able to in the Mosque.

 

This is the Tawaf of Arrival (tawaf al-qudum). It is sunnah, and is not obligatory.

• There is no Tawaf of Arrival due upon the people of Makkah.

• If the one in ihram did not enter Makkah, and [instead] set out for `Arafat [directly], and stood there according to what we [shall] mention, the Tawaf of Arrival is waived for him, and he is not liable to do anything for having omitted it.

 

3.2 The Sa`y

1.  Then, one sets out to Safa.  One climbs onto it, faces the qiblah, pronounces takbir and tahlil, invokes blessings on the Prophet (may Allah bless him and grant him peace), and supplicates Allah for his needs.

2. Then, one descends calmly in the direction of Marwah.

3. Then, when he reaches the inside of the valley, he runs between the two green posts.

4. [He proceeds] until he comes to Marwah, and then he climbs onto it and does as he did on Safa.

This is one round, and he performs seven [such] rounds, [such that] he begins at Safa and ends at Marwah.

 

Then, [if performing ifrad] one stays in Makkah in the state of ihram, performing tawaf whenever one desires.

 

3.3 Going out to Mina

1. Then, when it is one day before the Day of Tarwiyah , the imam delivers a sermon in which he teaches the people [the details] of going out to Mina, salah in `Arafat, the Standing, and the Ifadah.

2. Then, when one has prayed fajr on the Day of Tarwiyah in Makkah, one goes out to Mina and stays there until he prays Fajr on the Day of `Arafah.

3. Then, one sets out to `Arafat, and stays there.

 

3.4 Arafah

1. Then, when the sun declines on the Day of `Arafah, the imam leads people in Zuhr and `Asr, starting with a sermon in which he teaches people [the details of] the Standing at `Arafah and Muzdalifah, the Pelting of the Jimar, the Immolation and the Tawaf of the Visit (Ziyarah).

2. He leads the people in Zuhr and `Asr in the time of Zuhr, with one adhan and two iqamah.

• Whoever prays in his camp alone prays each one [of the prayers] at its [own] time according to Abu Hanifah (may Allah, the Exalted, show mercy to him).  Abu Yusuf and Muhammad said : The solitary one conjoins them.

3. Then, he sets out to the Standing Place, and stands close to the mountain, although all of `Arafah is a standing place except for the valley of `Arafah.

• Whoever catches the Standing at `Arafah between the decline of the sun on the Day of `Arafah, until sunrise on the Day of Immolation, has caught the hajj.

• Whoever traversed `Arafah while sleeping or unconscious, or did not know it was `Arafah, that suffices him for the Standing.

4.  It is appropriate for the imam to stand at `Arafah on his camel, and to supplicate and teach people the rites.

5. It is recommended to perform ghusl before the Standing, and

6. [It is recommended] to exert oneself in supplication.

7. Then, when the sun sets, the imam, and the people with him, pour forth at their leisure, [proceeding] until they come to Muzdalifah and alight there.

 

3.5 Muzdalifah

1.  It is praiseworthy to descend close to the mountain called Quzah, on which is the Hearth.

2. The imam leads the people in Maghrib and `Isha’ with an adhan and iqamah.

Whoever prays Maghrib on the way, it is not valid according to Abu Hanifah and Muhammad.

3. Then, when the sun rises, the imam leads the people in Fajr in the dark [part of the time].

4. Then, he stands, and the people stand with him, and he supplicates.

All of Muzdalifah is a standing place, except for the Valley of Muhassir.

5. Then, the imam, and the people [along] with him, pour forth before sunrise, [proceeding] until they come to Mina.

 

3.6 Pelting Jamrat al-`Aqabah

1. Then, one proceeds to Jamrat al-`Aqabah, and pelts it

• from the inside of the valley,

• with seven pebbles, like the stones of a slingshot

• pronouncing takbir with every pebble.

• One does not stand by it [thereafter].

2. One ceases talbiyah with the [throwing of] the first pebble.

3. Then, he slaughters [an animal] is he likes [since he is performing ifrad].

4. Then, he shortens or shaves [his hair], but shaving is superior.

5. [After this] everything is permissible for him except women.

 

3.7 The Tawaf of Pouring Forth (Ifadah) or Visiting (Ziyarah)

1. Then, one comes to Makkah on that day, or the following day, or the following, and circumambulates the House [performing] the Tawaf al-Ziyarah, seven circuits.

2. If he had run between Safa and Marwah after the Tawaf of Arrival, he does not perform raml in this tawaf, nor is he obliged to run again.  But, if he had not performed Sa`y before, he performs raml in this tawaf and Sa`y after it in, the manner we have mentioned.

3. [Now,] women are permissible for him.

4. This tawaf is the obligatory (fard) one in hajj.

5. It is disliked to postpone it beyond these days.

• If one did postpone it beyond then, one [sacrificial] blood becomes incumbent upon him, according to Abu Hanifah.

 

3.8 Stoning the Jamarat

1. Then, one returns to Mina and stays there.

2. When the sun has declined on the second day of immolation, one pelts the three Jamarat,

• starting with the one next to the [Khif] mosque [of Mina],

• pelting it with seven pebbles,

• pronouncing takbir with every pebble.

• One stands and supplicates by it.

3. Then, one pelts the one next to it similarly, and stands by it.

4. Then, one pelts Jamrat al-`Aqabah, and does not stand by it [thereafter].

5. The next day, he pelts the three Jamarat after the decline of the sun similarly.

6. Then, if one wishes to hasten one’s departure, one departs to Makkah.  But, if one wishes to remain, one pelts the three Jamarat on the fourth day after the decline of the sun.

• If, on this day, one performs the pelting before the decline of the sun, after sunrise, it is valid according to Abu Hanifah.

7. It is disliked for a person to send his belongings ahead to Makkah and to take up residence, until he has pelted.

 

3.9 The Tawaf of Farewell (Wida`)

1. Then, when one departs to Makkah, one alights at al-Muhassab.

2. Then, one performs tawaf of the House, seven circuits, not performing raml in them.

3. This is the Tawaf of Leaving, and it is wajib, except for the residents of Makkah.

4. Then, one returns to one’s family.

 

3.10 Special regulations for women

The woman is, in all of [the above], the same as the man, except that:

1. She does not uncover her head

2. She uncovers her face.

3. She does not raise her voice in talbiyah.

4. She does not perform raml in tawaf.

5. She does not run between the two posts.

6. She does not shave her head, but she shortens [her hair].

 

7. If a woman menstruates at the time of ihram, she performs ghusl and enters ihram.  She does as the [male] hajji does, except that she does not perform tawaf of the House until she becomes pure.

8. If she menstruates after the Standing and the Tawaf of Visiting, she [can] depart from Makkah, and there is no [penalty] upon her [in that case] for abandonment of the Tawaf of Leaving.

 

 

4.0 QIRAN

Qiran, according to us, is better than [both] tamattu` and ifrad.

The manner of qiran is [as follows]:

 

4.1 `Umrah Components

1. That one pronounce talbiyah for `umrah and hajj from the miqat, saying after one’s salah : Allahumma inni uridu’l-hajja wal-`umrata fa-yassirhuma li wa-taqabbalhuma minni.

2. Then, when one enters Makkah, one proceeds to perform tawaf of the House, seven circuits, performing raml in the first three of them.

3. One performs Sa`y after that, between Safa and Marwah.

These are the actions of `umrah.

• If the one performing qiran did not enter Makkah [initially], and set out [instead] to `Arafat, then he has then abandoned his `umrah by [performing] the standing.  The [Sacrificial] Blood of Qiran becomes futile for him, but a [sacrificial] blood is [incumbent] upon him for his abandonment of his `umrah, and it is [obligatory] upon him to make it up.

 

4.2 Hajj Components

1. Then, one performs tawaf after the Sa`y; the Tawaf of Arrival.

2. One runs between Safa and Marwah, as we explained in [the case of one performing] ifrad.

[The other components of hajj are the same as in in ifrad, except for the Sacrificial Blood.]

 

4.3 The Sacrificial Blood of Qiran

1. When one has pelted the Jamrah on the Day of Immolation, one slaughters a goat/sheep, or a cow, or a camel, or a seventh of a camel.  This is the [Sacrificial] Blood of Qiran.

2. If one does not have [anything] to slaughter, one fasts three days in the hajj, the last of them being the Day of `Arafah.

• If he has missed the fasting by [the time] the Day of Immolation arrives, nothing but the [sacrificial] blood suffices him.

• Then, one fasts seven days when he returns to his family, but if he fasts them in Makkah after he has completed the hajj, it is valid.

 

 

5.0 TAMATTU`

1. Tamattu`, according to us, is better than ifrad.

2. There are two methods of tamattu` : tamattu` in which one sends a sacrificial animal, and tamattu` in which one does not send a sacrificial animal.

3. The residents of Makkah may not perform Tamattu`, nor Qiran; they specifically may only perform Ifrad.

4. Whoever entered ihram for `umrah before the Months of Hajj, and performed less than four circuits for it, and then the Months of Hajj entered, such that he then completed it, and then entered ihram for hajj, is in the status of tamattu`.  But, if he performed four circuits or more of the tawaf for his `umrah beforte the Months of Hajj, and then performed hajj that same year, he is not in the status of tamattu`.

The manner of tamattu` is [as follows] :

 

5.1 `Umrah Components

1. That one start at the miqat, and enter ihram for `umrah.

2. One enters Makkah, and performs tawaf for [`umrah].

• One ceases the talbiyah when one starts the tawaf.

3. One performs Sa`y, [and then] shaves or shortens [his hair].

4. He has now  come out of the ihram of his `umrah.

• He remains in Makkah, out of ihram.

 

5.2 Hajj Components

1. Then, when it is the Day or Tarwiyah, one enters ihram for hajj from the Mosque.

2. One does as the hajji of ifrad does.

 

5.3 The Sacrificial Blood of Tamattu`

1. The [Sacrificial] Blood of Tamattu` is [obligatory] upon him.

• If he does not find [the means to sacrifice then] he fasts three days in the hajj and seven when he returns.

2. If the one performing tamattu` desires to send a sacrificial animal, he enters ihram and sends the sacrificial animal.  If it is a camel, he garlands it with a haversack, or leather.

• He marks the camel, according to Abu Yusuf and Muhammad.  It is : that one rend its hump from the right side.  According to Abu Hanifah, one does not rend it [if it will be in a cruel manner].

3. Then, when one enters Makkah, one performs tawaf and Sa`y, but does not come out of ihram.  [He remains in ihram] until he enters ihram for hajj on the Day of Tarwiyah, although if he entered ihram before that it is valid but a [sacrificial] blood is [then obligatory] upon him.

4. Then, when he shaves [his head] on the Day of Immolation, he has thereby freed himself from both ihrams.

5. If the one performing tamattu` returned to his family after his completion of `umrah, and had not sent a sacrifical animal, his tamattu` is invalidated.

 

 

6.0 TRANSGRESSIONS IN PILGRIMAGE

 

6.1 Transgressions of the Ihram

1. If the one in ihram applied perfume, expiation is due upon him.

• If he perfumed an entire limb or more then a [sacrificial] blood is due upon him.

• If he perfumed less than a limb then a charity is due upon him.

2. If he wore a sewn garment, or covered his head

• [If it was] for a complete day, then a [sacrificial] blood is due upon him.

• If it was less then that, then a charity is due upon him.

3.  [Shaving or cutting hair]

• If he shaved one fourth or more of his head, then a [sacrificial] blood is due upon him.

• If he shaved less than one fourth then a charity is due upon him.

• If he shaved the areas of bloodletting then a [sacrificial] blood is due upon him according to Abu Hanifah.  Abu Yusuf and Muhammad said : a charity is due upon him.

4. [Clipping the nails]

• If he clipped the nails of both his hands and both his feet, then a [sacrificial] blood is due upon him.

• If he clipped [them from] one hand or one foot, then [still] a [sacrificial] blood is due upon him.

• If he clipped less than five nails, distributed between his hands and his feet, then a charity is due upon him according to Abu Hanifah and Abu Yusuf.  Muhammad said : a [sacrificial] blood is due upon him.

5. If he applied perfume or shaved [hair] or wore [sewn] garments due to some excuse, then he has the choice :

• If he wishes, he may slaughter a ewe, or

• If he wishes, he may give three sa` of food in charity to sixty destitute people, or

• If he wishes, he may fast three days.

 

Sexual Transgressions

1. If one kissed, or touched with lust, then a [sacrificial] blood is due upon him.

2. Whoever had intercourse in either of the two pasages before the Standing at `Arafah,

• his hajj is nullified, and

• [sacrifice of] a ewe is [due] upon him, and

• he continues in the hajj in the same manner as one who has not nullified his hajj, and

• a make-up [of the hajj] is [due] upon him.

He is not required to part from his wife when he performs the make-up hajj.

3. Whoever has intercourse after the Standing at `Arafah, his hajj is not nullified, but [sacrifice of] a she-camel is [due] upon him.

4. If he had intercourse after shaving [the head on the Day of Immolation] then [sacrifice of] a ewe is [due] upon him.

5. Whoever has intercourse in `umrah before performing four circuits of tawaf

• has nullified it, and

• continues in it, and

• makes it up, and

• [sacrifice of] a ewe is [due] upon him.

If he had intercourse after performing four circuits of tawaf,

• [sacrifice] of a ewe is [due] upon him, but

• his `umrah is not nullified, and

• he is not obliged to make it up.

6. One who had intercourse forgetfully is the same as one who has intercourse deliberately.

 

6.2 Transgressions in Tawaf

1. Whoever performed the Tawaf of Arrival with hadath, a charity is [due] upon him.

• If he performed [this] tawaf with janabah then [sacrifice of] a ewe is [due] upon him.

2. Whoever performed the Tawaf of Visiting with hadath, [sacrifice of] a ewe is [due] upon him.

• If he performed [this] tawaf with janabah then [sacrifice of] a she-camel is [due] upon him.

• It is better for him to repeat the tawaf, as long as he is still in Makkah, and there is no slaughter [of a ewe due] upon him [in that case].

3. Whoever perfomed the Tawaf of Leaving with hadath, a charity is [due] upon him.

• If he performed [this] tawaf with janabah, then [sacrifice of] a ewe is due upon him.

 

4. Whoever omitted three circuits or less from the Tawaf of Visiting, [sacrifice of] a ewe is [due] upon him.

• If he omitted four circuits [or more] he remains in the state of ihram indefinitely, until he performs them.

5. Whoever omitted three circuits of the Tawaf of Leaving, a charity is [due] upon him

• If he omitted the Tawaf of Leaving, or four circuits [or more] of it, then [sacrifice of] a ewe is [due] upon him.

• If he delayed the Tawaf of Visiting [beyond the Days of Immolation], [then a sacrificial blood is due upon him] according to Abu Hanifah (may Allah show mercy to him).

 

6.3 Other Miscellaneous Transgressions

1. Whoever omitted the Sa`y between Safa and Marwah, [sacrifice of] a ewe is [due] upon him, but his hajj is complete.

2. Whoever issued forth from `Arafah before the imam, a [sacrificial] blood is [due] upon him.

3. Whoever omitted the Standing at Muzdalifah, a [sacrificial] blood is [due] upon him.

4. Whoever omitted the Pelting of the Jamarat on all the days, a [sacrificial] blood is [due] upon him.

• If he omitted the pelting of a single day, then a [sacrificial] blood is [still due] upon him.

• If he omitted the pelting of one of the three Jamarat, then a charity is [due] upon him.

• If he omitted the pelting of Jamrat al-`Aqabah on the Day of Immolation, then a [sacrificial] blood is [due] upon him.

5. Whoever delayed the shaving [or cutting of the hair] until the Days of Immolation had passed, then a [sacrificial] blood is [due] upon him according to Abu Hanifah.

 

6.4 Hunting Transgressions

Killing Game

1. If one in ihram kills game, or directed  towards it someone who killed it, then the recompense is [due] upon him.

• The deliberate and the forgetful, the initiator and the persister, are equal in this.

• If two people in ihram collaborated in killing game, then the complete recompense is [due] upon each of them.

2. The recompense, according to Abu Hanifah and Abu Yusuf, is that he determine the price of the game in the place in which he killed it, or in the closest of places to it if it was in the wilderness.

• The price is determined by two upright people.

Then, one has the choice concerning the price :

• If he wishes, he may buy a sacrificial animal with [the amount] and slaughter it, if it reaches [the price of] a sacrificial animal, or

• If he wishes, he may buy food with it, and give it in charity, [giving] to every destitute person half a sa` of wheat, or one sa` of dates or barley, or

• If he wishes, he may fast one day in lieu of each half-sa` of wheat and one day in lieu of every sa` of barley.

Then, if there remains less than a half-sa` of the food, he has the choice:

• If he wishes he may give it in charity, or

• If he wishes, he may fast a full day in lieu of it.

3. Muhammad said : For game, an equivalent is obligatory for that which has an equivalent. So,

• for the gazzelle, a ewe [is obligatory],

• for the hyena, a ewe,

• for the rabbit, a she-kid,

• for the ostrich, a she-camel, and

• for the jerboa, a four-month kid.

 

4. Whoever killed game whose meat may not be eaten, such as carnivorous animals and the like, the recompense is [due] upon him, but its price does not exceed a ewe.

5. If a carnivorous beast attacked one in ihram such that he killed it, then there is nothing [due] upon him.

6. If one in ihram was compelled to eat the flesh of game, such that he killed it, then the recompense is [due] upon him.

7. There is no harm if the one in ihram slaughters a ewe, cow, camel, chicken, duck or [tame] Kaskari duck.

8. If he killed a trousered-pigeon, or a tamed gazzelle, then the recompense is due upon him.

 

9. If one in ihram slaughters game, his slaughtered meat is carrion.  It is not permissible to eat it.

10. If one in ihram sells game, or buys it, then the sale is void.

11. There is no harm in one with ihram eating the flesh of game hunted and slaughtered by someone not in ihram, provided the one in ihram neither directed him to it, nor ordered him to hunt it.

 

Other Hunting Transgressions

1. Whoever wounded game, or plucked out is hair, or cut a member from it, is liable for that which he has diminished [from it].

• But, if he plucked out the feather of [the wings of] a bird, or cut the legs of a game-animal, such that it became incapacitated, then its entire price is [due] upon him.

2. Whoever broke the egg of a game-bird, its price is [due] upon him.

• If a dead chick emerged from it, then its price live is [due] upon him.

3. There is nothing [due] for killing a crow, kite, wolf, snake, scorpion or rat.

4. Nor is there anything [due] for killing a gnat, mosquito or tick.

5. Whoever kills a louse gives in charity whatever he wishes.

6. Whoever kills a locust gives in charity whatever he wishes, and a date is better than a locust.

 

6.5 Violations of the Haram

1. For the game of the Haram, if one not in ihram slaughters it, the recompense is [due] upon him.

• If two people out of ihram colloborated in killing game of the Hram, then a single recompense is [due] upon them.

2. If he cut the grass of the Haram, or its trees which are neither owned [by anybody] nor of those [varieties] which are planted by people, then its price is [due] upon him.

 

6.6 Transgressions in Hajj Qiran

For anything of that which we have mentioned, in which one [sacrificial] blood is [due] upon someone performing ifrad, two [sacrificial] bloods are [due] upon one performing qiran : a blood for his hajj, and a blood for his `umrah,

except if he passed the miqat without ihram, and then donned ihram for `umrah and hajj, in which case he is only obliged for one [sacrificial] blood.

 

 

7.0 BEING PREVENTED FROM PERFORMING HAJJ (IHSAR) OR MISSING THE HAJJ (FAWAT)

 

7.1 Ihsar

1. Whoever was prevented from Makkah, and is hindered from [both] the Standing and the Tawaf, is in the state of ihsar, but if he is capable of performing either of them, he is not in the state of ihsar.

2. If one in ihram is prevented [from performing hajj] by an enemy, or there afflicted him an illness which prevented him from continuing, it is permissible for him to come out of ihram, and

he is told : send a ewe to be slaughtered in the Haram. He arranges someone who will take it on a particular day on which to slaughter it, and then he comes out of ihram.

• If he was performing qiran, he sends two [sacrificial] bloods.

3. It is not permissible to slaughter the [sacrificial] blood of ihsar [anywhere] other than in the Haram according to Abu Hanifah.  Abu Yusuf and Muhammad (may Allah show mercy to them both) said : It is not permissible for the one prevented from hajj to slaughter [any time] other than in the Days of Immolation, but the one prevented from `umrah may slaughter whenever he wishes.

 

Make-up Requirements

1. A hajj and `umrah are [due] upon the one prevented from hajj when he comes out of ihram.

2. A make-up `[umrah] is [due] upon one prevented from `umrah.

3. A hajj and two `umrah are [due] upon the [prevented] one who was performing qiran.

 

Removal of the Prevention

If the prevented one sent a sacrificial animal, and arranged with them to slaughter it on a particular day, and then the prevention was removed, then:

• If he is able to reach the sacrificial animal and the hajj, it is not permissible for him to come out of ihram, and he is obliged to continue.

• If he is able to reach the  animal, but not the hajj, he comes out of ihram.

• If he is able to reach the hajj, but not the sacrificial animal, it is permissible (by istihsan) for him to come out of ihram.

 

7.2 Fawat

1. Whoever entered ihram for hajj, and then missed the Standing at `Arafah until the dawn rose on the Day of Immolation, has missed the hajj.

2. It is [obligatory] upon him

• to perform Tawaf and Sa`y,

• to come out of ihram, and

• to make up the Hajj the next year

No [sacrificial] blood is [due] upon him.

3. `Umrah is never [considered] missed.

 

 

8.0 `UMRAH

1. [`Umrah] is valid throughout the year, except for five days in which performing it is disliked :

- the Day of `Arafah,

- the Day of Immolation, and

- the Days of Tashriq.

2. `Umrah is sunnah.

3. It is [made up of]:

• Ihram

• Tawaf

• Sa`y

• Shaving or cutting [the hair].

 

 

9.0 THE SACRIFICIAL ANIMAL

 

9.1 Permissible Animals

1. The minimum sacrificial animal is a ewe.

2. [The sacrificial animal] is of three types : camel, cow and sheep.

3. A thaniyy , or better, of [any of] these suffices, except for the sheep, of which a jadha`  suffices.

4. [The following are] not permissible as sacrificial animals:

• [An animal] with severed ears, or the major part severed,

• [An animal] with a severed tail, arm or leg,

• [An animal] whose eyesight is gone,

• An emaciated animal,

• A lame animal, such as cannot walk to the place of sacrifice.

5. A ewe is permissible for everything, except in two cases:

• One who performed the Tawaf of Visiting with janabah, and

• One who had sexual intercourse after the Standing at `Arafah

In these two cases, only a she-camel suffices.

6. A she-camel and cow each suffice for seven [people], if each one of the partners intends devotion.  So, if one of them intended [only to obtain]  meat through his share, it does not suffice the remaining [six].

 

9.2 Benefitting from Sacrificial Animals

1. It is permissible to eat from the meat of the sacrificial animals of supererogatory, tamattu` and qiran.  It is not permissible to eat from the remaining [types of] sacrificial animals.

2. One should give its covering and halter in charity; one should not pay the butcher’s fee from it.

3. One who sends a camel, and then is forced to ride it, rides it, but if one can do without that, [then] one does not ride it.

4. If it has milk, one does not milk it. One sprinkles cold water on it udders so that the milk ceases.

 

9.3 Preparation and Slaughter

1. It is not permissible to slaughter supererogatory, tamattu` or qiran sacrificial animals [at any time] except on the Day of Immolation.  It is permissible to slaughter the remaining [types of] sacrificial animals at any time one wishes.

2. It is not permissible to slaughter sacrificial animals [anywhere] except in the Haram.

3. It is permissible to give it in charity to the destitute of the Haram and others.

4. It is not obligatory to take the sacrificial animals to `Arafah.

5. Supererogatory, tamattu` and qiran sacrificial animals are garlanded, but the sacrifical blood of ihsar and the sacrificial blood of transgressions are not garlanded.

6. The best for camels is to pierce the base of their necks (nahr), while for cows and sheep [the best] is to slaughter them.

7. The most appropriate is that a person take care of the [animals’] slaughter himself, if he knows how to.

 

9.4 Replacement

1. One who sends a sacrificial animal, which then dies :

• If it was supererogatory, then another is not [due] upon him.

• If it was in compensation for a wajib, then he must sets another in its place.

2. If it is afflicted with a severe defect, one sets another in its place, and does as one wishes with the defective one.

3. If a she-camel dies on the way :

• If it was supererogatory, he pierces the base of its neck, daubs its collar-leather with its blood, and strikes with it one of its dies.  he does not eat from it himself, nor [do] other well-off people.

• If it was obligatory, one sets another in its place, and does as he wishes with [the first].

 

 

10.0 IMMOLATION (UDHIYAH/QURBANI)

 

10.1 Obligation

1. The immolation is wajib on every free, resident, well-off Muslim, on the Day of Immolation, for himself and [on behalf of] his minor children.

2. He slaughters on behalf of each of them a ewe, or he slaughters a she-camel or a cow on behalf of seven.

3. There is no immolation [due] upon the poor one, nor the traveller.

4. The time for immolation enters with the rise of dawn on the Day of Immolation, except that it is not permissible for the inhabitants of cities to slaughter until the imam has performed the `Id salah.  As for the inhabitants of rural areas, they may slaughter after fajr.

It is permissible on three days : the Day of Immolation, and two days [immediately] thereafter.

 

10.2 Slaughter

1. One does not sacrifice :

• a blind animal

• a one-eyed animal

• a lame animal such as cannot walk to the place of sacrifice

• an emaciated animal.

2. The [preferable] slaughter is in the neck and upper chest.

3. The best is that one slaughter one’s sacrifice with one’s [own] hand, if one knows how to slaughter.

4. It is disliked for a Person of the Book to slaughter it.

5. If two men made a mistake, such that each of them slaughtered the sacrifice of the other, it suffices them both, and there is no liablity on either of them.

 

10.3 Benefitting from the Sacrifice

1. One may eat from the meat of the sacrifice, and feed the rich and poor, and store.

2. It is recommended that the [portion given in] charity not be less than one third.

3. One gives its skin in charity, or makes from it some item used in the house.

 

PURIFYING CHARITY (ZAKAH)

(According to the Qur'an and Sunnah,

as extracted and inferred by scholars of the Hanafi school.)

From "Mukhtasar al-Quduri", a matn of Hanafi fiqh

 

                                              # Obligation

                                              # Silver

                                              # Gold

                                              # Trade Goods

                                              # Recipients

                                              # Sadaqat al-Fitr

 

1.0 OBLIGATION

1. Zakat is obligatory on

- the free, adult sane Muslim,

- when he possesses the nisab with complete possession, and

- a [lunar] year has passed over it.

There is no zakat [obligatory] upon a child, nor an insane person, nor a mukatib.

There is no zakat [obligatory] upon anyone who has a [due] debt encompassing his money.  But, if his money is more than the debt, he pays zakat on the excess if it reaches nisab.

If one advance-pays the zakat before the year [has passed over it], and he possesses nisab, it is valid.

If wealth is destroyed after the obligation of zakat [has become due], it is waived.

 

2. [Zakat due (in various proportions) on :

# gold

# silver

# cash

# trade-goods

# freely-grazing livestock kept for milk, breeding or fattening : camels, cows, sheep and goats.

# produce (excluding firewood, reeds and grass).

# buried treasures and metals.]

 

There is no zakat [obligatory] on:

residential homes,

body clothes,

household furniture,

riding-beasts,

slaves in service,

weapons of use.

 

3. It is not valid to offer zakat without an intention coinciding with the payment, or coinciding with the setting-aside of the obligatory portion.

One who gave all of his wealth in charity, without intending zakat, its obligation is waived from him.

 

 

2.0 ZAKAT ON SILVER

1. There is no charity [obligatory] on any [silver]less than 200 dirhams.

    [200 dirhams corresponds to19.69 troy oz and 612.36g.]

2. Then, if it is 200 dirhams, and a [lunar] years passes over it, 5 dirhams are are due for it.

3. There is nothing due on the excess until it reaches 40 dirhams, and then 1 dirham is due for it.

[Similarly] for every 40 dirhams, there is 1 dirham [due].

Abu Yusuf and Muhammad said : Whatever exceeds 200 [dirhams] its zakat is in proportion.

4. If the silver is dominant in silver coins, then their ruling is that of silver.  But, if alloy is dominant then their ruling is that of trade goods, and its reaching nisab is taken into account.

 

 

3.0 ZAKAT ON GOLD

1. There is no zakat [obligatory] on any gold less than 20 mithqal.

    [20 mithqal corresponds to 2.81 troy oz and 87.48g.]

2. Then, if it is 20 mithqal, and a [lunar] year passes over it, then half a mithqal is due for it.

3. Then, for every 4 mithqal, 2 qirat [are due].

There is no charity [obligatory] on any [gold] less than 4 mithqal according to Abu Hanifah.

4. There is zakat due on raw gold and silver, [as well as on] jewelry and vessels [made] of them.

 

 

4.0 ZAKAT ON GOODS

1. Zakat is obligatory on trade goods, whatever they may be, if their value reaches the nisab of gold or silver; one assesses it based on whichever of the two is more beneficial for the poor and destitute.

2. If the nisab is complete at teh two ends of the [lunar] year, then its dropping in between that does not waive the zakat.

3. The value of goods is added to gold and silver.

Similarly, gold is added to silver in value in order to reach the nisab, according to Abu Hanifah.  Abu Yusuf and Muhammad said : Gold is not added to silver by value, but it is added by parts.

 

 

5.0 THOSE TO WHOM IT IS AND IS NOT ALLOWED TO GIVE ZAKAT

 

5.1 Those Who May Receive Zakat

Allah, the Exalted, says, (translated),

"Alms are only for the poor, the destitute, those who collect  them,  those whose hearts are to be reconciled, for [mukatib] slaves, debtors, and  in  the Path of Allah, and the wayfarer.  An [ordained] obligation from Allah.  And Allah is Knowing, Wise." [Qur’an, 9:60]

These, then, are eight categories, out of which ‘those whose hearts are to be reconciled’ have dropped, because Allah has granted honor to Islam and has freed [it] of need of them.

The Poor : is one who has the least of things.

The Destitute : is one who has nothing.

The [Zakat-]Worker : is paid by the imam in proportion to his work, if he worked.

Slaves : the mukatibun are assisted in freeing themselves.

The Debtor : is one on whom a debt is incumbent.

In the Path of Allah : are the stranded fighters.

The Wayfarer : is one who has money in his home-land, but is in a place in which he has nothing.

These, then are the sections of zakat.

The possessor may pay [some] to each of them, or he may restrict himself to one category.

 

5.2 Causes Not Eligible for Receipt of Zakat

1. It is not permissible for one to give zakat to a dhimmi,

2. Nor may a mosque be built with it,

3. Nor may a dead person be shrouded with it,

4. Nor may a slave be bought with it to free,

5. Nor may it be payed to a rich person.

 

5.3 Relationships Making One Ineligible to Receive Zakat

1. Nor may the payer of zakat pay it to his father, nor his grandfather even if higher [up in ascendancy],

2. Nor to his child, nor his child’s child, even if lower [down in descendancy],

3. Nor to his wife.

A woman may not pay [her zakat] to her husband, according to Abu Hanifah.  Abu Yusuf and Muhammad said : she may pay [it] to him.

4. One may not pay [one’s zakat] to one’s mukatib or slave, nor to the slave of a wealthy person, nor to the child of a wealthy person if he is a minor.

5. It may not be paid to Banu Hashim, and they are : the Household of `Ali, the Household of `Abbas, the Household of Ja`far, the Household of Harith ibn `Abd al-Muttalib; nor to their freed slaves.

 

 5.4 Miscellaneous Regulations

1. Abu Hanifah and Muhammad said : If one pays zakat to a man whom one thinks to be poor, and then it transpires that he is rich, or Hashimi, or an unbeliever, or [if] one paid [it] in darkness to a poor person, and then it transpired that he was his father or his son, then repeating it is not [obligatory] upon him.

Abu Yusuf said : Repetition is [obligatory] upon him.

If one paid [it] to a person, and then he learned that he is his slave or mukatib, it is not valid according to the verdict of them all.

2. It is not permissible to pay zakat to anyone who possesses the nisab of whatever type of wealth it may be.  It is permissible to pay it to anyone who possesses less than that, even if he is healthy and earning.

3. It is disliked to transfer zakat from one land to another; rather the alms of each people should be distributed amongst them, unless a person transfers it it to his relatives, or to a people who are more in need than the people of his land.

 

 

6.0 SADAQAT AL-FITR

 

6.1 Obligation

1. Sadaqat al-Fitr is wajib on the free Muslim, if he is in possession of the quantity of nisab in excess of his dwelling, clothing, furnishings, horse, weapons and service slaves.

2. He gives it out on behalf of himself, his minor children and his slaves.

He does not pay [it] on behalf of his wife, nor his adult children, even if they are in his household.

He does not give it out on behalf of his mukatib, nor his slaves [who were acquired] for trade.

There is no fitrah due on either of the two [masters] of a slave [co-owned] between two partners.

A Muslim master pays the fitrah on behalf of his unbelieving slave.

3. The obligation of the fitrah is attached to the rise of the dawn on the Day of [`Id al-] Fitr.  So, whoever dies before that, his fitrah has not become wajib.  Whoever accepts Islam, or is born, after the rise of the dawn, his fitrah has not become wajib.

 

6.2 Payment

1. The fitrah is :

half a sa` of wheat,  OR

one sa` of [dried] dates or raisins or barley.

The sa` according to Abu Hanifah and Muhammad is 8 Iraqi ratl.

Abu Yusuf said : [it is] 51/3 ratl.

    [1 sa` is a volume of 2.03 litres, and corresponds to approximately 3,149.28g.

     1 sa` ~ 4 mudd; 1 mudd ~ 2 ratl; 1 ratl ~ 20 istar; 1 istar ~ 4½ mithqal {Radd al-Muhtar}]

2. It is recommended for people to give out the fitrah on the Day of Fitr before going out to the prayer place.  If they advance-pay it before the Day of Fitr, it is valid.  But, if they delayed it beyond the Day of Fitr, it is not waived, and it is [still an obligation] upon them to give it out.

 

MARRIAGE

(According to the Qur'an and Sunnah,

as extracted and inferred by scholars of the Hanafi school.)

From "Mukhtasar al-Quduri", a matn of Hanafi fiqh

 

    * The Spoken Form

    * Witnesses

    * Prohibited Persons

          o By Kinship

          o By Marriage Ties

          o By Suckling

          o By Combination

          o By Religion

    * The Wali

          o Precdence for Wilayah

          o Compatibility

          o Authority of the Wali

    * The Mahr

          o Specification

          o Entitlement

    * Termination Of A Marriage

          o Invalidation of a Marriage

          o Physical Defects

          o Embracement of Islam

          o Apostasy

    * Treatment Of Wives

    * Suckling

          o Period of Suckling

          o Mixing of the Milk with Other Substances

          o Source of the Milk

          o Prohibitions through Suckling

 

1.0 THE SPOKEN FORM

 

1. Marriage is contracted by proposal and acceptance, in two statements,

 

- both of them expressing the past tense, or

 

- one of them expressing the past and the other the future, such as one saying, ‘Marry [your daughter] to me,’ and the other saying, ‘I have married [her] to you.’

 

    * If a man marries a woman off without her permission, or [marries off] a man without his permission, [the marriage is contingent on their acceptance].

 

2. Marriage is contracted by the words of marriage, wedding, transfer of possession, gift, or charity.

 

2.0 WITNESSES

 

1. The marriage of Muslims is not contracted without the presence of two free, adult, sane, Muslim [male] witnesses, or one man and to women, [whether they be] morally upright or non-upright, or [even] inflicted with the prescribed punishment for slander.

 

    * If a Muslim married a dhimmi woman with the witnessing of two dhimmi men, it is valid according to Abu Hanifah and Abu Yusuf. Muhammad said : It is not valid.

 

 

3.0 PROHIBITED PERSONS

 

3.1 Prohibition by Kinship

 

It is not lawful for a man to marry:

 

1. His mother, nor his maternal or paternal grandmothers,

 

2. His daughter, nor his granddaughters, and lower

 

3. His sister

 

4. His [niece] : his sister’s daughter or his brother’s daughter

 

5. His paternal aunt

 

6. His maternal aunt

 

7. His wife’s mother, whether he has consummated with her daughter or not

 

3.2 Prohibition by Marriage Ties

 

1. The daughter of his wife with whom he has consummated, whether she is under his guardianship or the guardianship of someone else

 

2. His father’s or grandfathers’ wife

 

3. His son’s or grandson’s wife

 

4. Whoever commits fornication with a woman, her mother and daughter become unlawful to him.

 

5. [A thrice-divorced ex-wife unless she has since consummated another marriage.]

 

3.3 Prohibition by Suckling

 

1. His foster-mother

 

2. His foster sister

 

3.4 Prohibition of Combination

 

1. He may not combine two sisters in marriage, nor as slave-girls for intercourse

 

    * If a man divorced his wife with an irrevocable divorce, it is not permissible for him to marry her sister until [his wife’s] waiting period is over.

 

2. He may not combine a woman with her paternal or maternal aunt, nor with her [niece:] sister’s daughter or brother’s daughter.

 

3. He may not combine two women [who are such that], if one of them were a man, it would not be permissible for her to marry the other.

 

4. There is no objection to combining a woman with a daughter a husband she had previously.

 

5. A free man may marry four - free women or slave-girls, and he may not marry more than that. If a free man divorces one of the four with an irrevocable divorce, it is not permissible for him to marry a [new] fourth [wife] until the waiting-period of [the other] is completed.

 

3.5 Prohibition by Religion

 

1. It is permissible [but disliked for a Muslim man] to marry women of the People of the Book, but it is not permissible to marry Zoroastrian women, nor idolatrous women.

 

2. It is permissible to marry Sabean women if they believe in a prophet and affirm a scripture, but if they worship the planets, and have no scripture, then it is not permissible to marry them.

 

 

 

4.0 THE WALI

 

4.1 Precedence for Wilayah

 

1. The wali is a paternal male relative.

 

    * If there exist for an insane woman both her her father and her son, then the wali in her marriage is her son according to Abu Hanifah and Abu Yusuf. Muhammad said : [it is] her father.

 

2. A slave, minor, insane person, or unbeliever, have no wilayah over a Muslim woman.

 

3. Abu Hanifah said : it is valid for non-male relatives to marry of the women [if males are not available].

 

4. If the immediate wali is disjointedly absent, then it is valid for someone beneath him [in predence] to marry [the women off]. A disjointed absence is that he be in a city where the caravans reach only once a year.

 

4.2 Compatibility

 

1. Compatibility in marriage is taken into consideration. So, if a woman marries an incompatible [man], the wali has the right to separate them.

 

2. Compatibility is considered in:

 

    * lineage

    * religion

    * wealth, which is that he be in possession of the mahr and maintenance.

    * profession.

 

4.3 Authority of the Wali

 

1. According to Abu Hanifah, the marriage of a free, adult, sane woman is contracted with her consent, even if there no wali performs the contract for her, whether she is virgin or not. Abu Yusuf and Muhammad said : it is not contracted without a wali.

 

2. It is not permissible for the wali to coerce an adult virgin to marry [someone].

 

3. If he asks for her permission, and she remains silent, or giggles, that is [indicative of] her permission. But, if she refuses, he may not marry her off.

 

    * If the husband says, ‘The marriage [proposal] reached you, and you remained silent,’ but she says, ‘No, I refused it.’ then the word is hers, and there is no oath due on her. There is no extraction of oath in marriage according to Abu Hanifah. [But] Abu Yusuf and Muhammad said : oaths are extracted in it.

 

4. If he asks the permission of a non-virgin, her consent in words is essential.

 

    * If her virginity was removed by jumping, or menstruation, or an injury, then her is that of the virgin.

    * If it was removed by fornication, then the same according to Abu Hanifah.

 

5. The marriage of a minor male or female is valid if the wali marries them off, whether the minor girl is a virgin or not.

 

6. If [two minors] were married off by the father or grandfaather, then they do not have a choice after reaching maturity. But, if other than the father or grandfather married them off, then each of them has the choice when they reach adulthood : if he wishes, he may continue in the marriage, and if he wishes he may annul it.

 

7. If a woman marries and keeps her mahr lower [than her peers] then the wali has the right to object to that, according to Abu Hanifah, until [the husband] makes up the mahr of her peers or separates from her.

 

8. If a father marries off his minor daughter anbd keeps her mahr lower [than her peers], or [marries off] his minor son and exceeds in the mahr of his wife, that is valid for them. But that is not permissible for other than the father and grandfather.

 

9. It is valid for a paternal uncle’s son to marry the daughter of his paternal uncle to himself.

 

If the woman gives permission to a man to marry her to himself in the presence of two witnesses, [the contract] is valid.

 

 

 

5.0 MAHR (MARRIAGE PAYMENT TO THE BRIDE)

 

5.1 Specification

 

1. The marriage is valid if a mahr was named in it, and it is valid [even] if no mahr was named

 

in it.

 

    * If a man marries off his daughter [to a man] on condition that the man marry off hsi sister, or daughter, such that one of the contracts is in exchange for the other , then both contracts are valid, but each of [the women] is entitled to the mahr of her peers.

 

2. The minimum mahr is 10 dirhams, and so if he named less than 10, she is entitled to 10.

 

    * If a Muslim marries [a woman] on [a mahr of] wine, or pork, then the marriage is valid, but she is entitled to the mahr of her peers.

    * If he marries her on [a mahr of] an undescribed animal, the naming is valid, and she is entitled to a medium one. The husband has a choice : if he wishes, he may give her that, or if he wishes, he may give her its value [in money].

    * If he marries her on [a mahr of] an undescribed garment then she is entitled to the mahr of her peers.

    * If a free man marries a woman on [a mahr of] service to her for a year, or for teaching her Qur’an, then she is entitled to the mahr of her peers.

 

3. The dower of her peers is reckoned by [consideration of] her sisters, paternal aunts and paternal uncle’s daughters. It is not reckoned with reference to her mother and maternal aunt if they are not of her tribe. That which is taken into account in [ascertaining] the mahr of her peers is :

 

that the two women are equivalent in age, beauty, modesty, wealth, intelligence, religiousness, country and time.

 

4. If he added to [the amount of] her mahr after the contract, he is obliged to [pay] the additonal amount, but it is waived by divorce before consummation.

 

If she waived [some] of her mahr from him, the waiver is valid.

 

5.2 Entitlement

 

1. If a man is secluded with his wife, and there is no hindrance from intercourse, and then he divorces her, then she is entitled to the complete mahr. But, if one of them is ill, or fasting in Ramadan, or in ihram for obligatory or superogatory hajj or `umrah, or she is menstruating, then it is not a valid seclusion.

 

    * If a castrated man is in seclusion with his wife, and then divorces her, then she is entitled to the complete mahr according to Abu Hanifah.

 

2. Whoever names a mahr of 10 [dirhams] or more is obliged [to pay] the named [amount] if he consummates with her or dies leaving her.

 

If he divorces her before consummation and seclusion, then she is entitled to half of the named amount.

 

3. If he marries her and does not name a mahr, or he marries her on condition that she will have no mahr, then she is entitled to the mahr of her peers if he consummates with her or dies leaving her.

 

If he divorces her before consummation, then she is entitled to compensation, which is three garments of her peer’s usage.

 

4. If he marries her and does not name a mahr, and then they mutually agree to name a mahr, then she is entitled to it if they consummate or he dies leaving her. If he divorces her before consummation then she is entitled to compensation.

 

5. It is recommended [for a man to give] compensation to every divorced woman except one [for whom it is essential,] and that is the one he divorced before consummation and for whom he did not name a mahr.

 

6. If the wali guarantees the mahr, his guarantee is valid, and the woman has a choice between demanding [it] from her husband or [from] her wali.

 

7. If [a man] marries a woman on [a mahr of] one thousand [being less than the mahr of her peers] on condition that he will not take her out of the country, or on condition that he will not marry over her, then if he fulfils the condition she is entitled to the named [mahr]. But, if he marries over her, or takes her out of the country, then she is entitled to the mahr of her peers.

 

 

 

6.0 TERMINATION OF A MARRIAGE

 

6.1 Invalidation of a Marriage

 

1. It is valid for a man and woman in ihram to marry one another in the state of ihram.

 

2. Mut`ah marriage and time-limited marriage are invalid.

 

3. If the judge separates the two spouses of an unsound marriage before consummation, then she is not entitled to a mahr, and similarly after seclusion. But, if he consummated with her then she is entitled to the mahr of her peers, [but] it may not exceed the named [mahr]. The waiting period is due upon her, and the lineage of her child is established.

 

4. Whoever marries two women in one contract, one of them not being lawful to him to marry, the marriage of the one who is lawful for him to marry is valid, and the marriage of the other is invalidated.

 

6.2 Physical Defects

 

1. If the wife has a defect, then her husband has no power of choice.

 

2. If the husband is afflicted with insanity, or white or black leprosy, then the wife has no power of choice according to Abu Hanifah and Abu Yusuf. Muhammad said : she has the power of choice.

 

3. If he is impotent, the judge adjourns him for a year, and then if he reaches her [during that time, the marriage continues] otherwise he separates them if the woman requests that. The separation is an irrevocable divorce. She is entitled to the entire mahr if he had been secluded with her.

 

The castrated man is adjourned just as the impotent one is adjourned.

 

4. If [the husband] is [a man with] dissevered [genitals] then the judge separates them immediately, and does not adjourn him.

 

6.3 Embracement of Islam

 

1. If a woman embraces Islam and her husband is an unbeliever, the judge presents Islam to him. Then, if he accepts Islam, she is [still] his wife, but if he refuses [the judge] separates them, and that is an irrevocable divorce according to Abu Hanifah and Muhammad. Abu Yusuf said : it is a separation without divorce.

 

2. If a husband embraces Islam with a Zoroastrian woman under him, [the judge] presents Islam to her. Then, if she embraces Islam, she is [still] his wife, but if she refuses, the judge separates them. This separation is not a divorce, but if he had consummated with her she is entitled to the mahr. If he had not consummated with her then there is no mahr for her.

 

3. If a woman embraces Islam in Dar al-Harb, separation does not take effect on her until she has menstruated three menstrual periods. Then, when she has menstruated [thrice], she becomes separated from her husband.

 

4. If the husband of a Kitabi woman embraces islam, they [continue] upon their marriage.

 

5. If one of the two spouses comes out to us from Dar al-Harb as a Muslim, separation takes effect between them.

 

6. If a woman comes out to us as an emigree, it is permissible for her to marry, and there is no waiting period [due] upon her according to Abu Hanifah. But, if she is pregnant, she may not marry until she delivers her load.

 

7. If an unbeliever married without witnesses, or in the waiting period of an unbeliever, and that is legitimate according to their religion, and then they both embrace Islam, they are asserted in it. But if a Zoroastrian married his mother, or his daughter, and then they both embraced Islam, they are separated.

 

6.4 Apostasy

 

1. If one of the two spouses apostasizes from Islam, separation occurs between them without divorce. Then,

 

    * If the apostate is the husband, and he has consummated with her then she is entitled to the entire mahr.

    * If the woman is the apostate before consummation then there is no mahr for her. But, if the apostasy is after consummation, she is entitled to the mahr.

    * If they both apostasize together and [then] embrace Islam together then they [continue] upon their marriage.

 

2. It is not permissible for an apostate to marry a Muslim woman, nor an unbelieveing woman, nor an apostate woman. Similarly, an apostate woman may not be married by a Muslim man, nor an unbeliever nor an apostate.

 

3. If one of the spouses is Muslim then the child [continues] upon his religion. Similarly, if one of the two [spouses] embraces Islam and has a minor child, his child becomes Muslim by his [parent’s] Islam. If one of the two spouses is a Kitabi and the other Zoroastrian then the child is a Kitabi.

 

 

 

7.0 TREATMENT OF WIVES

 

1. If a man has two free-women wives, it is [obligatory] upon him to be just with them in division [of nights, clothing, food and companionship], whether they were both virgins, or both non-virgins, or one a virgin and the other a non-virgin.

 

2. They have no right to division in the circumstance of travel. The husband may travel with whomever he wishes of them, but the more appropriate [procedure] is that he draw lots between them, and then travel with whichever [wife] has her lot drawn.

 

3. If one of the wives consents to forgo her share for her co-wife, it is valid, but she is entitled to revoke that.

 

 

 

8.0 SUCKLING

 

8.1 Period of Suckling

 

1. A little and a lot of suckling is the same [as far as regulation]. If it occurs in the period of suckling, [the ruling of] prohibition is attached to it.

 

2. The period of suckling, according to Abu Hanifah, is thirty months. Abu Yusuf and Muhammad said : two years.

 

3. Then, when the period of suckling has expired, no prohibition is attached to suckling.

 

4. In suckling, the testimony of women alone is not accepted. [Suckling] is only established by the testimony of two men, or a man and two women.

 

8.2 Mixing of the Milk with Other Substances

 

1. If milk is mixed with water, and the milk is predominant, prohibition is attached to it, but if the water is predominant, prohibition is not attached to it.

 

2. If [milk] is mixed with food, prohibition is not attached to it, even if the milk is predominant according to Abu Hanifah.

 

3. If [milk] is mixed with medicine and [the milk] is predominant, prohibition is attached to it.

 

4. If milk is mixed with the milk of a ewe, and the [human] milk is predominant, prohibition is attached to it, but if the ewe’s milk is predominant, prohibition is not attached to it.

 

5. If the milk of two women is mixed, prohibition is attached to the preponderant of the two according to Abu Hanifah and Abu Yusuf. Muhammad said : It is attached to them both.

 

8.3 Source of the Milk

 

1. If milk is extracted from a woman after her death, and an infant is fed with it, prohibition is attached to it.

 

2. If milk comes forth from a virgin, and she then suckles an infant with it, prohibition is attached to it.

 

3. If milk comes forth from a man, and he then suckles an infant with it, prohibition is not attached to it.

 

4. If two infants drink the milk of a [single] ewe, there is no [relationship of] suckling between them.

 

8.4 Prohibitions through Suckling

 

1. Suckling makes prohibited all that kinship makes prohibited, except for

 

    * The mother of his foster-sister, and so he may marry her, although he may not marry the mother of his sister by kinship, and

    * The sister of his foster-son; he may marry her, although he may not marry the sister of his son by kinship.

 

The wife of his foster-son he may not marry, just as he may not marry the wife of his son by kinship.

 

The wife of his foster-father he may not marry, just as he may not marry the wife of his father by kinship.

 

2. A man may marry the sister of his foster-brother, just as he may marry the sister of his [half-]brother by kinship. That is, for example, like a paternal brother, if he has a maternal sister; it is permissible for his paternal brother to marry her.

 

3. Prohibition is attached to the milk due to a man, which is that the wife suckles a girl, and so then this girl is prohibited to her husband, and to his fathers and sons. The husband from whom the milk is derived becomes a [foster-]father to the suckled girl.

 

4. [For] any two infants that share a breast, it is not permissible for one of them to marry the other.

 

5. It is not permissible for a suckled girl to marry any one of the sons of the woman who suckled her, nor her son’s sons.

 

6. A suckled boy may not marry the sister of the foster-woman’s husband, because she is his foster-aunt.

 

7. If a man marries an infant girl and an adult woman, and then the woman suckles the infant, they both become prohibited to the husband. If he had not consummated with the woman, then there is no mahr for her, but the infant is entitled to half the mahr. The husband may claim it from the woman is she had deliberately used that for invalidation [of the marriage]. If she had not done it deliberately then there is nothing due upon her.

 

FOOD AND DRINK

(According to the Qur'an and Sunnah,

 

as extracted and inferred by scholars of the Hanafi school.)

 

From "Mukhtasar al-Quduri", a matn of Hanafi fiqh

 

    * Hunting

    * Permissibility

    * Use of Animals

    * Shooting

    * Slaughtering

    * Conditions

    * The Animal

    * Types

    * What May and May not be Eaten

    * Beverages

 

1.0 HUNTING

 

1.1 Permissibility

1. The hunting of a Zoroastrian, apostate or idolater may not be eaten.

2. It is permissible to hunt those animals whose meat may be eaten, and also those which may not be eaten.

 

    * If one slaughters that whose meat may not be eaten, its flesh and skin become pure, except for the human and the pig, for slaughter does not have any effect on them [for the purpose of useability]

 

1.2 Use of Animals

1. It is permissible to hunt with a trained dog, panther, falcon, or any other trained predatory animal or bird.

 

    * The training of a dog is : that it refrain from eating three times.

    * The training of a falcon is : that it return when you call it.

 

2. So, if one sends his trained dog, or falcon, or hawk, and mentions the name of Allah, the Exalted upon it at the time of sending, and then [the animal] seizes the prey and wounds it such that it dies, it is permissible to eat it.

 

    * If the dog eats from it, it may not be eaten, but if the falcon eats from it, it can be eaten.

    * If the dog strangles [the prey] and does not wound it, it may not be eaten.

    * If an untrained dog - or a Zoroastrian’s dog, or a dog on which the name of Allah, the Exalted was not mentioned - participated with [the trained dog], it may not be eaten.

 

3. If the sender reaches the prey alive, it is obligatory upon him to slaughter it, and so if he refrains from slaughtering it until it died, then it may not be eaten.

 

1.3 Shooting

1. If a man shoots an arrow at prey, and mentions the name of Allah at the time of shooting, he may eat what he strikes provided the arrow wounded it so that it died [as a result]. But, if he reaches it alive, he [must] slaughter it, and so if he refrains from slaughtering it until it died, then it may not be eaten.

 

    * If the arrow strikes, and the animal struggles [and moves] so that it disappears from him, but he continues to pursue it until he overcomes it dead, it may be eaten. But, if he sat back from pursuing it, and then came upon it dead, it may not be eaten.

    * If he strikes quarry which then falls into the water and dies, it may not be eaten.

    * Similarly, if it falls on an inclined surface or mountain, and then tumbles down to the ground, it may not be eaten, but if it falls to the ground initially, it may be eaten.

    * If someone shoots a quarry, and strikes it without incapacitating it nor preventing it from escaping, and then someone else shoots it and kills it, it is his and may be eaten. But, if the first one incapacitates it and then the second one kills it, it may not be eaten, and the latter must reimburse the former for its price less its wound

 

2. That which a featherless arrow strikes with its breadth may not be eaten, but if it wounds [the quarry] it may be eaten.

 

    * That which is struck by a pebble may not be eaten if it dies from that.

 

3. If one shoots at quarry and severs a piece from it, [the animal] may be eaten, but the piece may not be eaten. But, if he cuts it in thirds, and the major portion is adjacent to the rump, then it may [all]be eaten. If the major portion is adjacent ot the head, the larger portion may be eaten, but the lesser one may not.

 

 

 

2.0 SLAUGHTERING

 

2.1 Conditions for Slaughtering

 

1. The slaughter of a Muslim or a Kitabi is permissible [to eat].

 

    * The slaughter of a Zoroastrian, apostate, idolator or [Muslim] in ihram may notbe eaten.

 

2. If the slaughterer omitted the pronouncment of the name [of Allah] deliberately, then the slaughter is carrion which may not be eaten. But, if he left it out forgetfully, it may be eaten.

 

3. The vessels which must be severed in slaughtering are four : the trachea, the oesophagus and the two jugular veins. So, if he cut [all] these, eating [from the animal] is permissible. If he cut most of them, then similarly [it is valid] according to Abu Hanifah. Abu Yusuf and Muhammad said : it is essential to cut the trachea, the oesophagus and one of the two jugular veins.

 

    * If one reaches spinal cord with the knife, or severs the head, that is repugnant for him [to do], but the slaughter may be eaten.

    * If one slaughters a ewe from the back of its head, then if it remains alive until he severs the [required] vessels it is valid but repugnant. But, if it dies before the cutting of the vessels it may not be eaten.

 

4. It is permissible to slaughter with sharp reed or stone, or anything which causes the blood to flow out, except for an intact tooth or an intact nail.

It is recommended that the slaughterer sharpen his blade.

 

2.2 The Animal

1. An animal with severed ears or [severed] tail does not suffice, nor one from which the major part of the ear has gone. But, if the major portion of the ear or tail remains, it is permissible.

2. It is permissible to immolate hornless, castrated, mangy or insane animal.

3. Immolation is [only] from amongst camels, cows and sheep [or goats].

A thaniyy, or better, of [any of] these suffices, except for the sheep, of which a jadha` suffices.

4. If one pierces a camel, or slaughters a cow or sheep, and then finds in its belly a dead fetus, it may not be eaten, whether its features are discernible or not.

 

2.3 Methods of Slaughter

1. Domesticated game must be slaughtered, and wild livestock may be wounded [as in hunting].

2. The recommended [technique] for camels is piercing, but if one slaughters them, it is valid but disliked.

3. The recommended [technique] for cows and sheep is slaughtering, but if one pierces them, it is valid but disliked.

 

 

 

3.0 WHAT MAY AND MAY NOT BE EATEN

1. It is not permissible to eat any canine-toothed beast of prey, nor any taloned [predatory] bird.

 

    * There is no objection to [eating] the agrarian crow, but the speckled one which eats corpses may not be eaten.

    * It is repugnant to eat the hyena.

 

2. [It is repugnant to eat the] lizard and all vermin.

3. It is not permissible to eat the flesh of the domesticated donkey or mule.

 

    * The meat of the horse is repugnant according to Abu Hanifah.

 

4. There is no objection to eating the rabbit.

 

5. Nothing may be eaten of the animals of the water except fish.

6. It is repugnant to eat floating [fish which died on their own].

7. There is no harm in eating the jirrith and eel

8. It is permissible to eat locusts, and there is no slaughter [needed] for them.

 

 

 

4.0 BEVERAGES

1. The [unanimously] prohibited beverages are four:

# Wine, which is the juice of grapes when it ferments, becomes intoxicating and emits froth.

# [Tila : grape-]juice when it is boiled until less than two-thirds of it disappear [and it becomes intoxicating].

# [Sakar :] infusion of dates [when it ferments and is intoxicating].

# [Naqi` :] infusion of raisins when it [ferments and] is intoxicating.

 

# 2. Fermented juice of dates and raisins, if each of them is cooked [with] the slightest cooking, is permissible, even if it is intoxicating, provided one drinks from it [such an amount] that one is reasonably sure that it will not intoxicate him, [and provided it is not drunk] for fun or amusement. [Under the same conditions:] There is no objection to khalitan .

# The fermented juice of honey, fig, wheat, barley and corn is permissible even if it has not been cooked.

# Grape-juice, if it is cooked until two-thirds of it disappears and one third remains, is permissible even if it is intoxicating.

# [All of this is according to Abu Hanifah and Abu Yusuf.  Muhammad said : the above are all prohibited, even in small quantities, and regardless of the reason for drinking, and his is the verdict of the madhhab.]

 

3. There is no objection to preparing juice in gourds, earthenware, pitch-coated vessels, or hollowed wooden vessels.

4. When wine turns to vinegar, it becomes permissible, whether it turned to vinegar on its own, or because of something cast into it.  It is not repugnant to make it into vinegar.

 

OATHS

(According to the Qur'an and Sunnah,

 

as extracted and inferred by scholars of the Hanafi school.)

 

Abridged from "Mukhtasar al-Quduri", a matn of Hanafi fiqh

 

# Types of Oath

# Enactment of an Oath

# Expiation for a Broken Oath

# Vows

 

1.0 TYPES OF OATH

 

Oaths are of three varieties:

1. An engulfing oath (ghamus).

2. An enacted oath.

3. A mistaken oath.

 

1.1 The Engulfing Oath is : swearing to something past, deliberately lying about it. The undertaker of this oath is sinful, but there is no expiation for it other than seeking forgiveness [from Allah].

 

1.2 The Enacted Oath is : swearing to something future, that one will perform it - or not perform it. Then, if he breaks his oath, expiation is binding upon him.

 

1.3 The Mistaken Oath is : that one swear to something past, thinking that it is as he is has said, whereas the [reality of the] matter is contrary to it. This [type of oath], we hope that Allah will not take its undertaker to task.

 

 

 

2.0 ENACTMENT OF THE OATH

 

   1. The deliberate and the coerced are equal in [the enactment of] an oath.

   2. Oaths are [sworn]

 

    * by Allah, the Exalted, or

    * by one of His names, such as Ar-Rahman or Ar-Rahim. or

    * by one of His attributes, such as the Might of Allah, His Majesty or His Grandeur [and the like], except for one’s saying, "By Allah’s Knowledge!" for that is not an oath. If one swore by one of the Attributes of Action, such as the Wrath and Displeasure of Allah, he is not [considered to have] sworn.

 

Whoever swears by other than Allah is not [considered to have] sworn, such as [if he swore by] the Prophet, the Qur’an, or the Ka`bah.

 

3. Swearing is [effected] by [use of] the swearing letters. The swearing letters are :

 

    * The waw, such as one’s saying, "Wallahi"

    * The ba, such as one’s saying, "Billahi"

    * The ta, such as one’s saying, "Tallahi"

 

The letters may be concealed, in which case one is [still considered to] have sworn.

 

4. If one says :

 

    * "Uqsimu" (I take an oath) ,or "Uqsimu Billahi" (I takes an oath by Allah), or

    * "Ahlifu" (I swear), or "Ahlifu Billahi" (I swear by Allah),

 

then he is [considered to have] sworn. And, similarly [by] his saying,

 

    * "Wa `Ahdillahi wa-Mithaqih" (by the Covanant of Allah and His Pact!), or

    * "`Ala Nadhr" (Upon oath!), or "Nadhrun Lillahi" (An oath to Allah!), or

    * "If I do such a thing then I am a Jew, or a Christian, or an unbeliever,"

 

then it is [considered] an oath.

 

5. If one says, "[If I do such-and-such then] upon me be the Wrath of Allah!" or "I am an adulterer," or "A drinker of wine," or "A consumer of interest," then he has not [considered to have] sworn.

 

6. If one swore an oath but said, "If Allah wills," joined to his oath, then no [penalty for] breaking it is [due] upon him.

 

7. If one swore that he will not do such-and-such, then he must refrain from it forever. But, if one swore that he will surely do such-and-such, and then does it once, he is freed from his oath.

 

 

 

3.0 EXPIATION OF A BROKEN OATH

 

3.1 The Form of the Expiation

 

1. The expiation of an oath is:

 

    * Freeing a slave. There suffices for it that which suffices in [the expiation of zihar]. [Or]

    * If one wishes, he may clothe ten destitute people, [giving] each of them one garment or more, the minimum of [each] being that in which salah is valid, [or]

    * If one wishes, he may feed ten destitute people, like the feeding in the expiation of zihar.

 

2. If one is not capable of any of these three things, one fasts three consecutive days.

 

3.2 When the Expiation becomes Due

 

1. If one paid the expiation before the breaking of the oath, it does not suffice him.

 

2. Whoever does the sworn thing under coercion or forgetfully is equal [in the requirement for expiation to one who did it deliberately and willingly].

 

3.3 Cases in which Expiation Is or Is not Binding

 

1. Whoever swore to [commit an act of] disobedience [to Allah], such as [swearing] that he would not pray, or that he would not speak to his father, or that he would certainly kill so-and-so, it is essential that he break his oath and expiate it.

 

2. If an unbeliever swore and then broke the oath in his state of unbelief, or after his [acceptance of] Islam, then there is no [penalty of] breaking the oath upon him.

 

3. Whoever prohibited something upon himself which he possesses, it does not become inherently prohibited, but he must expiate the oath if he takes it as permissible.

 

4. Whoever swore that he will surely ascend into the sky, or [that] he shall surely turn this stone into gold, his oath is enacted, and he should expiate it thereafter.

 

 

 

4.0 VOWS

 

1. One who makes an unrestricted vow must fulfil it.

 

2. If one attached his vow to a condition, and then the condition occurred, then he must fulfil the very vow. But, it has been narrated that Abu Hanifah revoked that [verdict] and said : If he said, "If I do such-and-such then [obligatory] upon me is a hajj," or "fasting a year," or "giving what I own in charity," [then] expiation suffices him for that, and that is [also] the verdict of Muhammad.