Kaydani: Invalidators of Prayer -Pt.14

Salam, We have reached the end of the book and thus this is the last in the series of posts of this classical fiqh manual. Is this the first complete text in hanafi fiqh with a commentary in English to be posted online..? I know there are excerpts from works such as Muktasar al-Quduri and Nur al-Idah elsewhere in cyberspace, however it is not the complete text, nor are they annotated in detail. Anyhow, I hope this series is as useful to the reader as it was for me whilst working on it, it is still a rough draft and can be improved without doubt. We ask Allah (the Exalted) to accept this from us, and to bless us with afiyah, tawfiq and tayseer.
Salutations and Blessing be Upon our Master and Teacher Muhammad and all those that follow Him with goodness till the Last day, and all praise is for Allah (the Exalted) in the beginning and the end.
**********************************
Chapter Eight: The Invalidators
They are in general five in number:
1- Any form of human speech[1] whether haqiqi or hukmi[2]
2- Laughter[3]
3- Excessive movement without it being to rectify[4]
4- Leaving out any of the obligatory (fard) elements without an excuse, even if it occurs without his choice[5]
5- To deliberately invalidate ones wudu[6]
[1] Even if accidental, and even if a small or large amount. Al-Bahr al-Raiq (2/8-9), Fath Bab al-Inayah (1/301), Rad al-Muhtar (1/414)
[2] What is meant by human speech is that which is can be asked from another human being, and that one asks Allah (the most high) for this in the form of a supplication (dua) such as saying “O Lord give me 100 dinars” this is what is called kalam al-hukmi, i.e. It maybe in the form of a dua to Allah (the most high) but it is something which can be asked from another human being and is therefore regarded as human speech. An example of something which cannot be asked from another human being is supplicating: ‘O lord forgive me my sins’, this does not invalidate the prayer as another human being cannot be asked to forgive your sins. Al-Jawhar
[3] The definition of laughter is that it be audible to the person praying and not the person praying next to him, this invalidates the prayer but not the wudu.
Smiling invalidates neither the prayer nor wudu.
Loud laughter is that which is audible to the one praying and those around him, it invalidates both the prayer and the wudu, however with the condition that it be from an adult who is awake in a prayer consisting of bowing and prostrating. It is the same if the loud laughter was deliberate or accidental. Sharh al-Wiqayah (p.90) Tabyin al-Haqaiq (1/11) Fath Bab al-Inayah (1/68) al-Ikhtiyar (1/18)
[4] What is meant by rectifying is walking to make wudu if ones wudu is invalidated during prayer, or to kill a snake etc. The definition of excessive movement is that which the one looking at the person praying would think that they were not praying. This view has been adopted by the generality of the scholars and was chosen as being the strongest view by al-Haskafi in al-Dur al-Muntaqa (1/120), al-Sarkhasi in al-Mabsut (1/191) al-Kasani in al-Badai (1/241). This was also the position of the author of al-Tabyin, the author of al-Muhit and Sadr al-Shahid. See the al-Shurunbulali’s notes to al-Durar (1/104)
[5] Such as leaving one of the obligatory (fard) elements of the prayer without reason, such as an ill person not standing due to being unable to do so. Likewise an illiterate person not reciting the Quran within the prayer, the prayer is not invalidated due to his having a valid reason. However the prayer is invalidated if it occurs suddenly without intending the missing of an obligatory act, an example being: a person is praying and some filth stains the clothing and cannot be removed immediately. Al-Jawhar
[6] This is before sitting for the length of the tasahhud, and is by deliberately passing wind or urinating. As for after having sat for the length of the tashahhud it is defined as exiting the prayer with ones own action and does not invalidate but rather the prayer is completed. However exiting the prayer with the salam has been left out which is wajib, therefore if the one praying has invalidated their wudu, they go to perform wudu and return back to build upon their prayer, the scholars have however set down ten conditions for this, details of which can be found in Dur al-Mukhtar and Rad al-Muhtar (1/403), Sharh al-Wiqayah (p.158-159) and Tabyin al-Haqaiq (1/145-146).

Kaydani: Permissible Acts in Prayer -Pt.13

*Chapter Seven: The Permissible Acts
They are eleven in total:
The general are eight:
1- Looking with the corner of the eye without turning the face[1]
2- Levelling the place of prostration once or twice due to a reason
3- Killing a snake even if it requires handling[2]
4- That there be in the mouth dirhams and dinars such that they do not prevent from the sunnah recitation
5- That there be in the hand that which does not prevent the sunnah method of placing (the hand)[3]
6- Reciting the Quran in order[4]
7- Adjusting the garment so that it does not stick to the body when bowing (ruku)[5]
8- Reciting the end of a surah in a unit, and the end of another surah in another unit according to the more correct opinion[6]

The specific are three:
1- Repeating a surah in a unit of the optional prayer[7]
2- To support oneself next to a wall or pillar in the optional prayer, even if without reason
3- The Imam observing those behind him when unsure as to stand if he has stood, and its like[8]

[1] There are three scenarios, each having a different ruling:
One: Permissible: It is to look left and right with the corner of the eyes without moving the neck
Two: Disliked: It is to look by turning the neck left and right
Three: Invalidating: It is to turn the chest away from the qiblah. Al-Tabyin (1/163), Hashiyah al-Shalabi (1/163), Rad al-Muhtar (1/163)
[2] Because it is allowed for the one praying to ward off from himself that which disturbs him in his prayer. This being one of those things. It is said: it is allowed if one is able to kill the snake with a single strike, as for if requiring handling and a number of strikes the prayer is restarted because this is excessive movement. However the stronger opinion seems to be that this is allowed for the one praying. It is similar to walking to make wudu after invalidating ones wudu in whilst praying, and drawing water from a well and washing. Al-Mabsut (1/194)
[3] Meaning that there is in the hand something such as prayer beads, a stick and its like and it does not prevent the one praying from placing the hands according to the sunnah method when standing , bowing, prostrating and sitting. Al-Jawhar
[4] According to the order of the verses and chapters found in the Quran. One can join between surahs in one unit as long as one recites in order. Qadi Khan said: ‘there is no harm in reciting the Quran in the prayer in order, as is known from the practice of the companions (may Allah be pleased with them)’. Al-Jawhar, al-Shurunbulaliyah (1/111)
[5] It is done so that the form of the body may not be apparent. Al-Bahr al-Raiq (2/21), Rad al-Muhtar (1/641)
[6] Al-Shurunbulali said in Hashiyah al-Durar (1/111) : ‘it is not disliked which is the correct opinion’.
[7] Al-Halabi said in Sharh al-Muniyah: ‘if a single verse is repeated a number of times, if in the optional prayer being offered alone it is not disliked, in the obligatory it is disliked except when due to a reason or one has forgot’. Al-Jawhar
[8] This is by the Imam looking with the corner of his eyes to those praying behind him, this is when he is in doubt whether as to stand or sit due to not recalling how many units he has prayed. Therefore by his observing if he sees those behind him standing up he also stands. Al-Jawhar

Kaydani: Disliked Acts in Prayer -Pt.12

The specific are seventeen:
1- the Imam waiting in the prayer for the one whose footsteps he heard[1]
2- lengthening the second unit more than the first in the obligatory prayers[2]
3- The Imam and follower halting at a verse regarding mercy and punishment, this applies to the munfarid in the obligatory prayers only[3]
4- Prostrating on the coil of the turban[4]
5- Men pressing their thighs against the stomach[5]
6- Likewise their placing their arms on the ground
7- Removing a shirt or cap, likewise wearing them with slight movement[6]
8- The Imam lengthening the prayer such that it is difficult for the congregation[7]
9- The Imam shortening the congregational prayer due their being in a hurry[8]
10- The Imam referring to the congregation to prompt him after he has recited the amount which is sufficient for the prayer[9]
11- Reciting loudly in the optional prayers of the day[10]
12- The Imam reciting a verse of prostration in a silent prayer except at the end of the surah[11]
13- Repeating a verse out of happiness or sadness in the fard without an excuse except in the optional and sunnah prayers[12]
14- Repeating a surah in one unit of the obligatory prayer[13]
15- Men’s prayer with the sleeves raised up to the elbows [14]
16- The follower saying at a verse of encouragement and warning: Sadaqallah Taala wa Ballaghat Rusuluhu[15]
17- Supporting oneself against a wall, pillar and its like without excuse in other than the optional prayers[16]
[1] If the Imam is in the bowing position and hears the footsteps of someone entering the masjid does he lengthen the bowing so that they maybe able to catch the unit of prayer? Abu Yusuf (Allah be pleased with him) said: I asked Abu Hanifah and Ibn Abi Laylah about this and they both regarded it as disliked. Abu Hanifah said: I fear a great matter, meaning shirk, for him. Hisham reports from Muhammad that he disliked it and from Abu Muti’ that he saw no harm in it. Abul Qasim al-Saffar said: If the man is rich then it is not permissible to wait for him, if he is poor then it is permissible. The jurist Abu Layth said: If the Imam knows the person approaching then he does not wait for him, because it resembles favouring him, and if he does not know the one approaching him there is no harm (in waiting for him), because this is helping others with an act of worship. Badai al-Sanai (1/209)
[2] It is reported from Abu Hanifah and Abu Yusuf (Allah be pleased with him) that: The first unit is lengthened more than the second unit in the fajr prayer only. It is disliked to lengthen the second unit more than the first unit with more than two verses. Muhammad bin Hasan al-Shaybani said: I like it that the first unit is lengthened more then the second unit in all of the prayers. Al-Tabyin (1/130), Dur al-Mukhtar (1/542)
[3] Meaning ceasing recitation or listening in order to supplicate for paradise when reaching a verse relating to the mercy of Allah (the most high) and seeking refuge when passing by a verse relating to the hellfire. It is disliked to pause and supplicate because in the prayer one should be listening to the recitation of the Quran, and that Allah (the most high) has promised mercy to those who listen and stay silent when the Quran is recited. Also the answer of supplications in not definite, especially in the case of one who is busy in supplicating and not listening to the Qurans recitation as was mentioned in al-Bahr (1/364).
In the work Minhah al-Khaliq (1/364) it is mentioned that the in the optional prayer the one praying by himself may supplicate if he wishes.
[4] This is disliked if it took place without need such as in the case of the ground being extremely hot or cold. If the coil of the turban was on the head as opposed to the forehead, and prostration was made on it without the forehead coming into contact with the ground the prayer is not correct. This was the position of Ibn Nujaim in al-Bahr al-Raiq (1/337), al-Shurunbulali in Maraqi al-Falah (p.337), Dur al-Mukhtar (1/500). However there are other opinions in the madhab which state that the prayer would still be correct. This was mentioned in al-Badai (1/210), al-Kanz (1/117), Multaqa al-Abhur (1/97).
[5] Except if the row is crowded in which case it is not disliked, because the one praying should try not to cause any trouble to those praying next to him. Al-Jawhar
[6] However if it is with excessive movement it invalidates the prayer
[7] Meaning that the Imam increases beyond the sunnah amount as has been mentioned previously. And because this leads to them losing the concentration in their prayer, it is apparent that it is makruh tahrimi. Al-Jawhar
[8] Meaning the Imam hurrying such that the sunnah elements of the prayer are not performed. Al-Jawhar
[9] In this scenario the prayer of the Imam and the who prompts him is not invalidated, even though it is preferable not to prompt the Imam after he has recited the amount of Quran which is sufficient for the prayer. Al-Umdah (1/191), Rad al-Muhtar (1/418), Majma al-Anhur (1/119)
[10] This also applies to the Imam, this is because the optional prayers of the day are regarded as being like the obligatory prayers of the day which are all offered silently in congregation. As for the optional prayer during the night, then the one praying by
himself has a choice in reciting aloud or silently. Al-Tabyin (1/127), Majma al-Anhur (1/103)
[11] Meaning in the prayers which are performed silently in congregation, except if the verse of prostration is at the end of the portion of Quran recited, and then they all bow, as it is included in the bowing.
[12] If the verse is repeated due to a reason such as to recite it properly due to not having recited it correctly the first time then it is not disliked. Likewise it is not disliked to repeat them in the optional and sunnah prayers even without a reason, because this has been reported from a group of the pious early Muslims. Al-Jawhar
[13] Likewise in two units if able to recite another surah, if unable to recite another surah then it is not disliked to repeat it in the second unit due to necessity. This all relates to the obligatory prayers as opposed to the optional prayers in which it is not disliked to repeat the surah in a unit or two units. Al-Jawhar
[14] This ruling also applies to the area of the arms leading up to the elbows. This is when the sleeves have been rolled up before the prayer and then the prayer has begun. As for rolling up the sleeves whilst in prayer then this would invalidate the prayer as it is excessive movement. Al-Shurunbulaliyah (1/106), Durar al-Hukkam (1/106),al-Bahr al-Raiq (1/25), Rad al-Muhtar (1/640)
[15] Because the one praying behind the Imam should silent and listening.
[16] Because it entails a lack of khushu without a valid reason such as illness in the obligatory and compulsory prayers. Al-Jawhar al-Kulli

Kaydani: Disliked Acts in Prayer – Pt.11

*Chapter Six: Disliked acts within the prayer
They are fifty nine
The general are forty two:
1- Repeating the takbir[1]
2- Counting the verses and their like with the hand[2]
3- Placing the hands on the hips[3]
4- All that is from the behaviour of tyrants[4]
5- Tanahnuh without excuse even if without letters[5]
6- Clearing mucus/phlegm from the throat[6]
7- Blowing which cannot be heard[7]
8- Holding dirhams and its like in the mouth such that it does not prevent from reciting[8]
9- To have the head raised whilst bowing[9]
10- Swallowing that which is between the teeth if a small amount[10]
11- Leaving any of the sunnahs
12- Completing the recitation when bowing[11]
13- The invocations (adhkar) being recited in the movements[12]
14- Placing the hands before the knees on the ground to prostrate without an excuse[13]
15- Raising the hands after the knees when standing
16- Squatting like a dog[14]
17- Covering the mouth without being overcome by yawning
18- Closing the eyes[15]
19- Moving stones except if it is not possible to prostrate, he may move them once or twice[16]
20- Wiping dust and sweat from the forehead before finishing
21- Raising the garment
22- Yawning[17]
23- Stretching the arms[18]
24- Cracking the fingers[19]
25- Seeking rest/resting in the prayer[20]
26- Spreading out the fingers in other than the bowing[21]
27- Reciting quickly[22]
28- Not having the head level with the back when bowing[23]
29- Taking three consecutive steps without reason, even if pausing after each step[24]
30- Swinging to the right and left[25]
31- Killing a louse with less than three (strikes)[26]
32- Likewise burying it[27]
33- Spitting out saliva[28]
34- Removing the leather sock (khuff) with slight movements[29]
35- Smelling fragrance[30]
36- To cool oneself with a cloth or fan with less than three (movements)
37- Specifying chapters for particular prayers such that none others are recited[31]
38- Combining between two chapters by leaving one between them in a single unit[32]
39- Moving from one verse to another even if there is a surah between them[33]
40- Preceding an earlier surah to a later surah, even if in two units[34]
41- Tasmiyah before every surah in every unit[35]
42- Holding a child without excuse[36]
[1] Such as saying at the beginning or when moving from position to another: “Allahu Akbar Allahu Akbar” because it is not to be said twice. It is regarded as being makruh tanzihi because there is no evidence mentioning that it is prohibited. Al-Jawhar
[2] There is a difference regarding counting with the finger or whilst holding a piece of string. As for pressing down with the fingertips and keeping count in ones heart there is agreement that it is not disliked. The issue mentioned here is makruh tanzihi because it is not from the actions of the prayer which break ones concentration. More details can be found in al-Luknawi’s Nuzhah al-Dhikr (p.65-75).
[3] This is by the placing of the hands on the hip, because it entails the leaving of the sunnah method of placing the hands.
[4] Meaning any kind of action which is the behaviour of arrogant tyrants with people such as the raising of the garment when prostrating so that they may not become soiled. And such as placing a cloth on the ground to prostrate on out of arrogance and without a reason. Al-Jawhar
[5] If one is overcome by it and no letters are emitted then it is disliked. If letters are emitted then it invalidates the prayer, because it is regarded as speech. If it is due to a reason it does not invalidate the prayer because of the impossibility of avoiding it. Al-Tabyin (1/155)
[6] The term in Arabic is ‘tanakhum’. It takes the same ruling as clearing the throat, such that if two or more letters are omitted then the prayer is invalidated. In one manuscript of the text it mentions ‘takhattum’ which is to wear a ring within the prayer with slight movements. Al-Dur al-Mukhtar and Rad al-Muhtar (1/652)
[7] It is the emitting of air from the mouth. Al-Kasani said in al-Badai (1/216): ‘it is disliked to blow whilst in the prayer because it is not one of the actions of the prayer and there is no need for it, as opposed to breathing which is necessary. Is the prayer invalidated by blowing? If it cannot be heard it does not invalidate, if it can be heard then it does invalidate’.
[8] If they prevent the uttering of the letters it is not permissible as mentioned in al-Bahr al-Raiq (2/35). The statement of Qadi Khan that: ‘there is no harm that one prays whilst there is in the mouth dirhams or dinars which do not prevent recitation’ indicates that it is makruh tanzihi. Rad al-Muhtar (1/641)
[9] Meaning having the head higher than the back whilst bowing, because this is a leaving of the sunnah of having the back totally straight. Similar to this is the lowering and tucking in of the head whilst bowing. Al-Jawhar
[10] Because it is not possible to avoid it except if is a large amount. The scholars differentiated between a large and small amount, they said a large amount was anything greater in size than a chickpea. Al-Tabyin (1/159)
[11] See al-Bahr al-Raiq (1/333), Rad al-Muhtar (1/473). Al-Nablusi said in al-Jawhar: ‘It is disliked to complete the compulsory or recommended recitation (of the Quran) whilst bowing, as for if the obligatory recitation is completed when bowing the prayer is invalidated’. It is mentioned in al-Badai (1/218) that: ‘It is disliked to recite in other than the standing position’
[12] Meaning the invocations (adhkar) of bowing and prostrating occurring in the movements of the prayer. For example one completes the tasbih of bowing whilst rising up from it to the standing position. Similar to this is the reciting of the takbir whilst bowing and prostrating. All of these are makruh tanzihi as they are not what has been mentioned in the sunnah. Al-Jawhar
[13] Because this is not what has been reported to us from the sunnah.
[14] This is by sitting on the posterior whilst raising up the knees
[15] Because it negates concentration and is regarded as a type of fidgeting. The sunnah is for the one praying to look at the place of his prostration, therefore by closing the eyes one cannot implement this sunnah. Also each part of the body has its portion of worship, even including the eyes as mentioned in al-Badai (1/217)
[16] Due to not being able to prostrate on the ground because of them, so he moves them. Al-Halabi said in Sharh al-Muniyah that the one praying may level the area by moving the stones once and not more than this. Al-Jawhar
[17] Because it is regarded as laziness. If one is overcome by yawning then one tries to repress it as much as possible, if unable to repress it one covers the mouth with ones hand or sleeve. Badai al-Sanai (1/34)
[18] It is regarded as being an act of laziness. Al-Badai (1/215), al-Tabyin (1/163)
[19] It is to stretch them until they crack. Al-Bahr al-Raiq (2/21), Kanz al-Daqaiq (1/163), Durar al-Hukkam (1/107)
[20] It is by leaning and placing ones weight on one foot and then later switching to the other foot, seeking to rest by means of this. It is regarded as being a form of fidgeting. Al-Jawhar
[21] It is not desirable to spread out the fingers except when bowing. Al-Dur al-Mukhtar (1/476)
[22] Meaning reciting the Quran hurriedly such that the letters are not uttered correctly. This also applies to the reciting of the tashahhud and other invocations in the prayer.
[23] Because it is leaving the sunnah method of bowing. It is makruh tanzihi. Al-Jawhar
[24] The hanafi scholars have categorised walking within the prayer into two categories.
First: That the walking is without reason, if the person praying walks continuously for a large distance then the prayer becomes invalidated, even if they did not turn away from the qiblah whilst walking. If the amount of walking was a large distance but it was not continuous but rather spread over the units then it does not invalidate the prayer.
Second: That the walking was for a reason, if it is to perform wudu if one breaks one wudu during the prayer, or as in the prayer of fear, then the prayer is not invalidated and nor is it disliked. Rad al-Muhtar (1/628) and Dur al-Mukhtar (1/628)
[25] See al-Jawharah al-Nayyirah (1/63)
[26] Muhammad Ibn al-Hasan al-Shaybani (Allah be pleased with him) said: Killing a louse in the prayer is more preferable to me than to bury it, Abu Hanifah (Allah be pleased with him) preferred the view of burying the louse underneath stones. This is also reported from Ibn Masud (Allah be pleased with him). However Abu Yusuf (Allah be pleased with him) disliked both of these because there is no harm feared from a louse. Umar and Anas would kill louse (when in the prayer) as mentioned in al-Tabyin (1/166). In al-Bahr al-Raiq (2/33) it is mentioned: the author of al-Zahiriyyah said: ‘If the one praying takes a louse in the prayer it is disliked for him to kill it, rather he buries it underneath the stones, and this is the position of Abu Hanifah (Allah be pleased with him)’.
[27] Meaning with less than three movements. In Sharh Muniyah al-Musalli it is mentioned that to bury louse and fleas is disliked in the masjid outside of the prayer when one is not praying. Perhaps Abu Hanifah chose the view of burying rather than killing due to this not entailing any spillage of blood on the hand or clothing of the one praying, even if the amount is overlooked in terms of the validity of the prayer. If it is in the masjid there is no harm in killing it with t
he above mentioned condition except if he is reasonably sure that he will [please check] after finishing the prayer. Therefore with this detail one can join between that which is reported from Abu Hanifah (Allah be pleased with him) that one buries the louse whilst one is in the prayer, and that which is reported from him that if one buries it in the masjid one has done wrong. Al-Bahr al-Raiq (2/33)
[28] Meaning whilst in the prayer on to the ground or ones clothing. Al-Halabi said in Sharh al-Muniyah that spitting was disliked except if the one praying was unable to repress it such as whilst coughing. In that case it is not disliked to spit below ones left foot as long as one is not in a masjid. It is preferable to gather the saliva by spitting it into a corner of ones clothing. Al-Jawhar
[29] Likewise the shirt and other clothing.
[30] Meaning to deliberately sniff or inhale the scent. This ruling does not apply to someone noticing a fragrance. Al-Jawhar
[31] This applies to all chapters except the Fatihah which is compulsory to recite in every prayer. It is disliked because one would then be leaving the other chapters of the Quran and would be giving the impression of superiority of some chapters over others. Al-Bahr al-Raiq (1/363), Majma al-Anhur (1/106)
[32] It is disliked to combine the recitation of two chapters in between which there is a chapter or a number of chapters in a single unit. As for in two units if there is between the two chapters two or more chapters it is not disliked. If the difference between them is one chapter it is said that it is disliked, and it is said: that if it is lengthy it is not disliked as if they were the length of two short chapters. Fath al-Qadir (1/342)
[33] Moving from a verse in a chapter to another verse in another chapter, or within the chapter to another verse missing out the recitation of some verses. Fath al-Qadir (1/342), al-Bahr al-Raiq (2/35)
[34] Meaning to recite in one unit a chapter, then in the second unit recite a chapter which comes before it in the Quran. Or someone in one unit recites a chapter and then recites after it another chapter which in terms of sequence comes before it in the Quran. As for the situation when the person praying recites in the first unit the chapter ‘al-Nas’ (which is the final chapter of the Quran) in the second unit they should recite the same chapter again. Fath al-Qadir (1/342), al-Bahr al-Raiq (2/35).
All of the above is disliked when done deliberately, in al-Muhit it is mentioned that if the above is done due to a reason or accidentally then there is no harm. Al-Jawhar
[35] It is reported from Abu Hanifah and Abu Yusuf (Allah be pleased with them) that the basmalah should not be recited at the beginning of a chapter, because it is not a verse of the chapter. In al-Badai (1/204) their opinion has been declared to be the most correct. Al-Tumurtashi said in Minh al-Ghaffar that the difference regarding it was whether it was recommended or not, otherwise there is agreement that it is not makruh. Muniyah al-Musalli (p.85), Ghuniyah al-Mustamali (p.308), Halabi al-Saghir (p.192), Tanwir al-Absar (p.15), al-Bahr al-Raiq (1/330)
[36] If a child is carried in the prayer due to a reason then it is not disliked, as for when done without a reason or need then it is disliked. Badai al-Sanai (1/241-242)

Kaydani: Unlawful Acts in Prayer -Pt.10

*Chapter Five: The Unlawful Acts[1]
The general are fourteen:
1- Reciting the tasmiyah aloud[2]
2- Reciting the amin aloud[3]
3- Turning part of the face right and left[4]
4- Looking towards the sky[5]
5- Supporting oneself upon a pillar, or hand or similar without an excuse[6]
6- Raising the hands in other than what has been legislated[7]
7- Raising the toes from the ground when bowing and prostrating[8]
8- Sitting upon the heels of the foot for tashahhud[9]
9- Fidgeting with the clothing or body with less than three (movements)[10]
10- Pointing with the index finger as the people of hadith do[11]
11- Limiting the salam to one side[12]
12- Qunut in other than the witr[13]
13- Addition to the takbir, thana, tasbihat[14] or tashahhud[15] from that which is sunnah
14- Deliberately leaving of a compulsory act which has been mentioned, in ‘al-Muhit’[16] the unlawful acts have been mentioned with the disliked acts[17]
[1] The author of the text has been corrected by the other scholars of the madhab who have stated that the issues mentioned in this chapter are disliked at worst and should have been mentioned in the chapter of disliked acts within the prayer. The reader should therefore be aware of this.
[2] Al-Nablusi said in al-Jawhar: ‘The most that can be said is that loud recitation is not the sunnah and is disliked, so how can it be established that it is unlawful’.
[3] The most that can be said is that it is also not the sunnah, this does not necessitate that it is unlawful or that it is prohibitively disliked (makruh tahrimi). Al-Jawhar
[4] It is makruh tahrimi as mentioned in al-Jawhar
[5] Because the one praying will not be concentrating. Maraqi al-Falah (p.337)
[6] If the person praying supports themselves due to a reason then it is not disliked. With regards to the optional prayers it is not disliked to support oneself against a wall or a stick etc. al-Jawhar
[7] Such as raising the hands when bowing for and rising up from it, because it is an additional act in the prayer, however it does not invalidate according to the correct opinion within the madhab. Al-Jawhar
[8] As for placing the two feet on the ground, al-Quduri mentions that it is Fard in prostration. Therefore if one prostrates whilst raising the toes from the ground it is not correct, this was also mentioned by al-Karkhi and al-Jassas. If one of the two feet (plz. Check) is placed on the ground it is correct. However even this was stated by Qadi Khan to be disliked. Imam al-Tumurtashi held the view that the two hands and two feet were not obligatory (fard) to place on the ground, and this is what is indicated to by the words of Shaikh al-Islam in al-Mabsut as mentioned in al-Inayah (1/303), Durar al-Hukkam (1/75), al-Jawhar. Allamah Ibn Abidin discussed this issue at length in Rad al-Muhtar (1/498) and leaned towards the view that it was compulsory (wajib).
[9] Because it is not the sunnah method of sitting
[10] Perhaps the mention of three movements is made because of the author holding the view that this is what differentiates between slight and excessive movement. This is however is not what the generality of the hanafi scholars hold to be the strongest opinion. They regard excessive movement to be that which someone looking at the one praying would think that the person was not in the prayer. Al-Badai (1/241), al-Dur al-Muntaqa (1/120), al-Mabsut (1/191)
[11] It has been mentioned previously that there is a valid difference of opinion within the madhab regarding the issue of pointing with the finger in the tashahhud, therefore it is not correct to ascribe the pointing of the finger as being the practice of only the scholars of hadith, as it is also the practise of many of the hanafis. Al-Nablusi mentioned in al-Jawhar that because of this difference of opinion in the madhab, pointing with the finger should not be regarded as being disliked let alone unlawful
[12] Because the two salams are compulsory and leaving one of them is makruh tahrimi. It is said that the second salam is sunnah and leaving it is makruh tanzihi. Al-Jawhar
[13] Such as qunut in the Fajr prayer. If a hanafi prays behind an Imam performing qunut in the fajr prayer he stands silently. Al-Jawhar
[14] It is makruh tanzihi in the obligatory prayers, because not performing the sunnah is makruh tanzihi and not makruh tahrimi. Al-Jawhar
[15] Meaning an addition in the wording of the tashahhud which is reported from Ibn Masud (Allah be pleased with him) because this is viewed as leaving a compulsory act (wajib). Adding salutations upon the Prophet (Allah bless him and give him peace) to the tasahhud in the first sitting of the prayer is also regarded as being makruh tahrimi. Al-Jawhar
[16] Meaning al-Muhit al-Burhani (p.317-334) authored by Muhammad bin Ahmad bin Abd al-Aziz ibn Mazah al-Bukhari, Burhan al-Din (d.616 AH). Al-Kafawi described him as a scholar who an Imam, an expert researcher, without peer in his time, having a firm grasp of a number of different sciences. From the works he authored are ‘Dhakhirah al-Fatawa’ more well known as ‘Dhakhirah al-Burhaniyyah’. For more details refer to al-Jawahir (3/233-234), al-Fawaid (p.291-292) and al-Kashf (2/1619).
[17] This has been mentioned by the author to explain his reason for mentioning the unlawful acts separately from the disliked, as he wished to point out that what he intends by the unlawful acts are the makruh tahrimi. The makruh tahrimi is unlawful according to Imam Muhammad bin Hasan al-Shaybani (Allah be pleased with him). And according to Imam Abu Hanifah and Qadi Abu Yusuf the makruh tahrimi is close to the unlawful (haram). Therefore if the author had mentioned them both in one general chapter of the disliked acts the distinction between them would not have been clear. Al-Jawhar

Kaydani: Mustahab Acts of Prayer- Pt.8

*Chapter Four: The Desirable Acts
They are twenty three in total
The general are fourteen:
1- Not turning left or right[1] as it is has been said[2]
2- Covering the mouth when yawning[3]
3- Repelling coughing as much as possible
4- Reciting more than three verses[4]
5- Reciting with tartil[5]
6- The head being level with the back when bowing[6]
7- Placing the knees before the hands, placing the hands before the nose, and nose before the forehead when prostrating[7]
8- The opposite order to the above when rising to stand[8]
9- Prostrating between the two hands[9]
10- Pointing the fingers and toes towards the qiblah[10]
11- Not wiping dust and sweat from the forehead before the salam[11]
12- A distance of four fingers between the feet[12] when standing[13]
13- Placing the hands on the thighs[14] when sitting[15]
14- Turning the face to the right and left when making salam[16]
[1] Meaning the one praying not turning his face left or right in prayer, as for turning the chest away from the qiblah this invalidates the prayer. Looking from the corner of the eyes is permissible as will be mentioned further on. Al-Jawhar
[2] The author is perhaps indicating that it may not be from the recommended acts to leave looking right or left, but rather it maybe more serious than this, therefore this is why he mentioned this issue further on the chapter of unlawful acts, and Allah knows best. It is recommended for the person praying to look at the place of their prostration when standing, to the outer part of the feet when bowing, to the side of the nose when prostrating, to the lap when sitting, to the right shoulder when making the first salam, and the left shoulder when making second salam. Tabyin al-Haqaiq (1/107), al-Maraqi (p.276-278)
[3] Meaning with the hand or sleeve if unable to suppress it. Imam al-Sarakhsi said in al-Mabsut (1/39): The one who yawns whilst in the prayer should cover his mouth, because not covering the mouth when yawning during the course of conversations with people is regarded as bad manners, this is more so the case when in intimate discourse with your Lord.
[4] Meaning reciting more than the compulsory (wajib) amount which is three short verses, or one long verse.
[5] It is to observe the rules of tajwid. Imam al-Jassas said in Ahkam al-Quran (1/307-308) commenting on a verse: ‘In that is a proof that tartil is recommended’.
[6] Such that if a glass of water was placed on the back it would not spill over.
[7] Meaning when going down to prostrate, it was mentioned by al-Shurunbulali in al-Maraqi (p.267) amongst the recommended (sunnah) acts.
[8] Meaning when rising up from prostration one first raises the face, then the hands, then the knees if there is no excuse such as weakness or ill health. Al-Wiqayah (p.149), al-Maraqi (p.267)
[9] Such that the prostration is between the two hands with them being parallel to the ears, separating the elbows from the sides and arms from the ground, the thighs from the stomach. A woman however gathers herself up and attaches her stomach to her thighs. This issue was mentioned by al-Shurunbulali in Nur al-Idah (p.267) as one of the recommended (sunan) acts.
[10] Meaning it is recommended to point the toes towards the qiblah whilst prostrating. Rad al-Muhtar (1/329)
[11] Al-Sarakhsi mentioned in al-Mabsut (1/28) that if the person praying was to wipe the forehead before the salam there was no harm in it. However some of the other hanafi scholars such as in Multaqa al-Abhur (1/125), Ghurar al-Ahkam (1/108) mentioned that it as disliked to do so. Sheikhzadah mentioned in Majma al-Anhur (1/125): ‘because it is busying oneself with an action not befitting the prayer’.
[12] Ibn Abidin said in Rad al-Muhtar (1/444): ‘there should be between them the distance of four fingers, because it is closer to humility…as for that which is reported regarding them joining the ankles with the ankles what is meant by it is the congregation: meaning each one of them stood next to the other, this is what is in Fatawa Samarqand’.
[13] This also applies when one is bowing (ruku). Al-Jawhar
[14] There three different opinions in the hanafi madhab regarding pointing with the finger in the tashahhud:
First Opinion: that the person praying does not point with the finger. This opinion was held by the author of al-Wiqayah (p.149), al-Tahawi in his Mukhtasar (p.27), al-Quduri in his Mukhtasar (p.10), the authors of al-Hidayah (p.51), al-Kanz (p.11-12), al-Multaqa (p.14), al-Mukhtar (1/70), al-Fatawa al-Bazzaziyah (1/26), Ghurar al-Ahkam (1/74). In al-Tanwir (1/341) it is mentioned that this is the fatwa position.
Second Opinion: at the time of the witnessing (shahadah) the fingers clenched with the index finger pointed at the time negation and placed at the time of affirmation. This is the position of the later scholars such as the author of al-Fath (1/272), al-Qari in Fath Bab al-Inayah (1/264), Bahr al-Ulum in Rasail al-Arkan (
p.81-82), Ibn Abidin in Rad al-Muhtar (1/342) and al-Luknawi in Naf’ al-Mufti (p.256-263).
Third Position: Pointing without clenching the fingers. This was the position of the authors of al-Mawahib, al-Maraqi (p.270-271), Tuhfah al-Muluk (p.75), Dur al-Mukhtar (1/341-342), al-Dur al-Muntaqa (1/100).
[15] Meaning in the first and second sitting, likewise the sitting between the two prostrations. The right hand is placed on the right thigh, the left hand is placed on the left thigh such that the fingertips reached the knees, with a slight gap between the fingers. Al-Jawhar
[16] This has already been mentioned previously, perhaps what is meant here is that the one praying when making salam should be looking at his shoulders and that the person prayings cheeks should be visible at the time of his making salam to those behind him.

Kaydani: Sunnah Acts of Prayer -Pt.7

The specific are ten:
1- The Imam reciting the takbirat aloud[1]
2- The followers starting with the Imams takbir[2]
3- Following the Imam in all of his actions[3]
4- Tawwudh[4]
5- Reciting it silently[5]
6- The tasmiyah after it[6]
7- Reciting it silently[7]
These four[8] are for the Imam and the one praying alone (munfarid)
8- Reciting amin silently for them both, and for the follower in the loud prayers[9]
9- The Imam reciting Tasmi’ and the follower reciting tahmid[10], the one praying alone combines between both in all prayers[11]
10- Spreading out the left foot to sit upon it whilst raising the right when sitting for men, women adopt the tawarruk position[12]
[1] Such that those praying behind the Imam can hear him, due to the need of informing them of having entered the prayer and when the Imam as moved from one posture to another. Tabyin al-Haqaiq (1/107), al-Jawhar
[2] Meaning the one praying behind the Imam uttering the takbir at the same time as the Imam. This is according to Abu Hanifah (Allah be pleased with him). His two students held the view that the one praying behind the Imam utters the takbir after the Imam has made the takbir. In any case both methods have been declared as correct, the difference is with regards to which of the two is preferable. Al-Maraqi (p.257-258)
[3] Meaning following the Imam without lagging behind.
[4] It is to be read silently. The one praying behind the Imam does not recite the tawwudh as the Imam will be reciting it on his behalf. Sharh al-Wiqayah (p.148)
[5] This applies to all those from whom it is recommended to read it. What is meant is that it should only be audible to the one reading and no one else. Al-Jawhar
[6] Meaning the tasmiyah after the tawudh, with the tasmiyah being read at the beginning of every unit before the fatihah silently. This is the view of the authors of al-Wiqayah (p.147), Kanz al-Daqaiq (p.107), Nur al-Idah (p.118). Another group of hanafi scholars held it to be compulsory (wajib) such as al-Zaylai in al-Tabyin (1/194), Ibn Wahban, al-Maqdisi and al-Halabi in Ghunya al-Mustamali (p.306), al-Tahtawi in Hashiyah al-Maraqi (p.260) and al-Luknawi in Ihkam al-Qantarah (p.167-168)
[7] Meaning not reciting the basmalah out loud.
[8] Meaning the tawaudh and reading it silently, and the tasmiyah and reading it silently. Al-Jawhar
[9] Meaning uttering Amin silently for both the Imam, one praying in congregation and one praying alone in the loud prayers.
[10] The Imam utters the tasmi’ aloud whilst those praying behind him utter the tahmid silently. Fath Bab al-Inayah (1/255), Hashiyah al-Tahtawi (p.262)
[11] Meaning that the person praying alone reads both the tasmi’ and tahmid. Hashiyah al-Tahtawi (p.262)
[12] A man spreads out his left foot and raises his right foot when sitting for the tashahhud. A woman adopts the tawaruk position which is her sitting on her posterior placing one thigh on the other, her left leg coming out towards her right hand side from under her right knee, she adopts this posture because this is more concealing for her. Tabyin al-Haqaiq (1/107)

Kaydani: Sunnah Acts of Prayer -Pt.6

*Chapter Three: The Recommended Acts
They are twenty seven
The general amongst them are seventeen, they are:
1- Raising the hands in the opening takbir[1]
2- Raising the hands in the qunut[2]
3- Raising the hands in the takbirs of eid[3]
4- Spreading[4] out of the fingers in all (of the three above)[5]
5- The Thana[6]
6- Placing the right hand upon the left[7]
7- The takbirs for movement including the qunut[8]
8- Glorification (tasbih) in bowing three times[9]
9- Grasping the knees when bowing[10]
10- Spreading out the fingers in it[11]
11- Standing up[12]
12- Sitting[13]
13- Prostrating upon seven limbs[14]
14- Glorification (tasbih) in prostration three times
15- Salutations upon the Prophet (s) after the tashahhud[15]
16- Supplication (dua) after it for himself and all of the believers[16]
17- Salam to the right and left[17]
[1] Such that the thumbs are in line with the earlobes. A woman however raises her hands up to her shoulders. The hands are to be raised first and then the takbir is to be uttered according to Abu Hanifah and Muhammad bin Hasan al-Shaybani (Allah be pleased with them). This is the position of the generality of the hanafi scholars and is the view held by the authors of al-Wiqayah (p.147), al-Hidayah (1/46), al-Ghurar (1/65) and was chosen by al-Luknawi in al-Umdah (1/14).
The other view in the madhab is that the takbir should be uttered at the same time that the hands are raised, this is the view of Abu Yusuf (Allah be pleased with him) and is the apparent position of Mukhtasar al-Quduri (p.9) and was chosen by Qadi Khan in his Fatawa (1/85), the author of al-Muniyah (p.86) and al-Ghaznawi in his Muqaddimah.
[2] Meaning to raise the hands in a similar fashion in the takbir of qunut which is in the witr prayer. However here a man raises his hands up to the level of his shoulders. Durar al-Hukkam (1/66), Tabyin (1/109)
[3] Meaning likewise raising the hands up to the shoulders in the three extra takbirat in each unit of the eid prayer. Al-Tabyin (1/109), Durar al-Hukkam (1/66)
[4] This is by not totally closing tight the fingers nor spreading them out totally, rather they are left in their natural position. Al-Wiqayah (p.147), al-Tabyin (1/107), al-Maraqi (p.257)
[5] Meaning when raising the hands at these three places, the sunnah is to face the palm of the hand towards the direction of the qiblah. Al-Jawhar
[6] Meaning quietly
[7] They are to be placed below the navel. The palm of the right hand is placed on top of the left forming a ring at the wrist with the smallest finger and the thumb. A woman places her left hand upon her right on her chest without grasping. Al-Wiqayah (p.147), al-Maraqi (p.258-259)
[8] Meaning to recite the takbir in the bowing (ruku) and prostration (sujud), one does not utter the takbir when rising up from bowing but rather utters the tasmi’. Al-Tabyin (1/107), al-Maraqi (p.265)
[9] This is the least of the sunnah amount
[10] This is by grasping the knees whilst spreading out the fingers, with the back totally straight and inline with the head. Spreading out the fingers is not recommended except here where it is to aid the grasping of the knees so as to aid straightening the back when bowing. A woman however does not spread out her fingers nor does she straighten her back, she bows forward enough till her hands reach her knees. Al-Jawhar
[11] Meaning in the bowing
[12] Meaning rising up from the bowing such that the one praying comes to a still standing up. It is also reported from Abu Hanifah (Allah be pleased with him) that it is obligatory (fard). Al-Tabyin (1/107)
[13] Meaning rising up from prostration to a sitting position where the one praying is still.
[14] Meaning to place the hands and knees upon the ground when prostrating due to the Prophet (Allah bless him and give him peace) ordering this. It is regarded as being recommended. Tabyin al-Haqaiq (1/107)
[15] Meaning after the tashahhud in the last sitting of the prayer
[16] Meaning dua after the final tashahhud with that which resembles the wording of the Quran and Sunnah, not with that which resembles human speech e.g. To say ‘O Allah give me such and such amount of gold and silver’. Al-Tabyin (1/107), al-Maraqi (p.273)
[17] Meaning turning to the right and then the left with two salams.

Kaydani: Wajibat of the Prayer -Pt.5

6- The Qunut in the witr
7- Reciting aloud in its place when in a congregation[1]
8- Reciting silently in its place[2]
9- The follower (muqtadi) remaining silent when the Imam is reciting[3]
10- To follow the Imam in any position that he is found, even if it does not count as part of his prayer[4]
11- The prostration of recitation upon the Imam and one praying alone[5]
12- The takbirat of the two Eids[6]
13- The Takbir of their ruku[7]
14- The prostration for forgetfulness upon the Imam and one praying alone by their leaving a compulsory element from the first eight of the last section[8], and all of the first[9] except for stillness[10] which is compulsory due to others[11]
[1] Which are the all of the units of the fajr and the first two of the maghrib and Isha prayer, even when being made up. Also The juma’h, two eids, tarawih and witr in Ramadan. Al-Hadiyyah al-Alaiyyah (p.67), Fath Bab al-Inayah (1/236-237), al-Maraqi (p.253)
[2] Such as the Zuhr, Asr, all other than the first two units of the maghrib and isha prayers and the optional (nafl) prayers offered during the day. Fath Bab al-Inayah (1/236-237), al-Maraqi (p.253-254)
[3] Al-Haskafi mentioned it in Dur al-Mukhtar (1/470) amongst the compulsory acts (wajibat). Ibn Abidin said in Rad al-Muhtar (1/470): ‘If he recited behind the Imam it is prohibitively disliked (makrh tahrimi) and does not invalidate the prayer according to the more correct view…nor is sujud al-sahw necessary if he accidentally recites, because there is no sahw for the one praying behind the Imam’.
[4] Meaning the one praying behind the Imam (muqtadi) following all of the actions of the Imam in the prayer in which he is following him, in any situation he finds him in. Whether it be that the Imam is bowing, prostrating or sitting, even if the situation he finds the Imam in will not be counted as being from the prayer of the one joining. For example: someone comes late to the prayer and the Imam is prostrating in the first unit, this means that the one who has come late has missed one unit, but must join the Imam in the state of prostration even though he has missed the unit and it will not be counted. If the one coming late to the prayer finds the Imam bowing, and joins him in the prayer and bows whilst the Imam is still bowing then this is counted as having caught the unit. Al-Jawhar
The author mentions the following of the Imam as being recommended (sunnah) later on in his text, Ibn Abidin in Rad al-Muhtar (1/471) explains this as meaning that it is recommended that the one praying behind the Imam follows him closely without delay as was mentioned by al-Quhistani in his commentary.
[5] This also applies to the one praying behind the Imam. Such that if the Imam recites a verse of prostration the one praying behind him also prostrates, even if he did not hear the verse being recited. Al-Jawhar, al-Wiqayah (p.183-184), Tabyin al-Haqaiq (1/205)
[6] Each of its takbirs is compulsory (wajib), sujud al-sahw is necessary if any one of them is left out. Maraqi al-Falah (p.252)
[7] Meaning the takbir for bowing (ruku) in the second unit of the eid prayer which comes after the extra takbirs. Al-Jawhar, Maraqi al-Falah (p.252)
[8] Meaning all other than the silence of the one praying behind the Imam (muqtadi), following of the Imam, prostration for recitation, the takbir of eid and takbir for bowing (ruku)
[9] Sujud al-sahw is offered after the salam, there is no difference amongst the scholars about its permissibility before it either due to it being authentically narrated in hadith. However the difference is regarding that which is preferable. The method of performing sujud al-sahw is: after offering one salam to the right and prostrating twice one reads the tashahhud, prayers upon the Prophet (Allah bless him and give him peace) and supplication, and then offers two salams. Al-Kanz (p.18), al-Tabyin (1/193), al-Wiqayah (p.178)
[10] Sitting and standing whilst staying still is recommended (sunnah) according to Abu Hanifah and Muhammad bin Hasan al-Shaybani (Allah be pleased with them). They differed over stillness in bowing and prostrating, al-Karkhi said that it was compulsory (wajib), al-Jurjani said it was recommended (sunnah) as mentioned in al-Tabyin (1/118). Based on this they also differed over whether it was compulsory or recommended to make sujud al-sahw by not being still. The position of the madhab is that it is compulsory to make sujud al-sahw by its being left accidentally, and this was declared to be Sahih in al-Badai.
[11] Al-Nablusi differed with the author on this point and said that sujud al-sahw is necessary if the one praying does not observe stillness in the prayer. Al-Jawhar [please check]

Kaydani: Wajibat of the Prayer -Pt.4

*Chapter Two: The Compulsory Elements (wajibat)
They are twenty-one in total
Amongst them that which relate/apply to all worshippers in all prayers, and they are seven in total.
And amongst them that which are specific to some worshippers in some prayers, and they are fourteen in total.

As for the general:
1- The wording of takbir for the tahrimah
2- The first sitting[1]
3- The tashahhud in the two sittings[2]
4- Stillness in bowing and prostrating[3]
5- Performance of every obligatory act (fard) in its place[4]
6- Performance of every compulsory act (wajib) in its place[5]
7- Exiting with the wording of salam[6]

As for the specific:
1- Specifying the first two units for recitation
2- Fatihah for the first two units
3- Limiting the recitation of the fatihah to once[7]
4- Adding a chapter, or three short verses or one long verse to the fatihah[8]
5- Preceding the surah with the fatihah[9]
All of these are for the one who must recite[10]

[1] Due to the Prophet (Allah bless him and give him peace) always performing the final sitting. The one who accidentally forgets to perform the final sitting makes the prostration for forgetfulness (sujud al-sahw). Al-Tahawi and al-Karkhi were of the view that the first sitting was recommended (sunnah). Fath Bab al-Inayah (1/232), al-Tabyin (1/106)
[2] This is the position favoured by the author of al-Wiqayah (p.145) and was declared to be the correct position in al-Hidayah (1/46). Al-Tumurtashi said in Minh al-Ghaffar Sharh Tanwir al-Absar: ‘A group chose the view the tashahhud in the first sitting to be sunnah, however the Zahir al-Riwayah is that it is compulsory (wajib), which is the more correct position’.
[3] It is that the body parts when bowing and prostrating are still for the length of a tasbihah, this is likewise the case for being still between the bowing and prostrating, and the two prostrations. Fath Bab al-Inayah (1/234), Sharh al-Wiqayah (p.146)
[4] It is to perform every act in its place and order in the prayer without delay. Al-Jawhar.
It is possible that this compulsory act (wajib) also encompasses the keeping of order of those actions that occur a number of times in one unit such as the prostration (sujud), or in the whole prayer such as the number of units because they are compulsory (wajib). Fath al-Qadir (1/241), al-Bahr (1/315), Dur al-Mukhtar (1/309-310), Minhah al-Khaliq (1/314-315), Rad al-Muhtar (1/310), Sharh al-Wiqayah (p.145)
[5] Meaning in its place that it is legislated for it to be performed without any delay. Such that if the one praying finished reciting the fatihah and pauses silently for the length of a rukn the prostration of forgetfulness is compulsory upon him. Al-Jawhar
[6] Meaning twice, once to the right and once to the left without the wording “alaikum” being compulsory. However it is recommended to say so. The congregations following of the Imam ends with first salam before the saying of the word “alaikum”. Al-Maraqi (p.253), al-Tanwir and Dur al-Mukhtar (1/314)
[7] Al-Nablusi said in al-Jawhar: Meaning in the obligatory (fard) and compulsory (wajib) once without repetition. Such that if it is repeated forgetfully the prostration of forgetfulness (sujud al-sahw) is obligatory upon him. It will be mentioned later in the chapter of permissible acts the permissibility of repeating the fatihah in the optional prayers.
The basis of this is that is: ‘it is reported from Muhammad bin Hasan al-Shaybani (Allah be pleased with him) that he said: the one who recites al-Hamd twice in the first two units must perform the prostration of forgetfulness. Because he has delayed the recitation of the chapter by repeating the fatihah. If however he recites al-Hamd then a chapter then al-Hamd he does not perform the prostration for forgetfulness, as it is as if he recited a long chapter’. As mentioned in al-Badai (1/167).
However in Hashiyah al-Shalabi ala al-Tabyin (1/128) it is mentioned that: ‘the repetition of the fatihah in one standing is not legislated. The author of al-Dirayah said: but it is mentioned in Fatawa al-Itabi that the repetition of the fatihah in the optional prayer is not disliked due to a narration regarding its like. Ibn Amir Hajj said: Allah knows best about the authenticity of this’.
Likewise in Majma al-Anhur (1/148) it is mentioned: ‘If a compulsory act (wajib) is repeated it is not necessary to perform the prostration of forgetfulness. However in al-Khazanah and other works it says: The repetition of the fatihah in the first two units makes the prostration of forgetfulness necessary. It is possible that it be said: that the repetition does not make it necessary, rather the leaving of the surah does, because it is necessary that it follows the fatihah. It should be stipulated as being specific to the obligatory prayers, because the repetition of the fatihah in the optional prayers is not disliked as mentioned in al-Quhistani’.
It is mentioned in Rad al-Muhtar (1/460-461): ‘If the fatihah is recited twice in one of the first two units the prostration of forgetfulness is compulsory, due to the delaying of a compulsory act (wajib) which is a chapter as mentioned al-Dhakhirah and other works. Likewise if most of the fatihah is recited then repeated as mentioned in al-Zahiriyyah. As for if the it is recited before the surah once and after it once it is not necessary as mentioned in al-Khaniyyah, and this was chosen by the authors of al-Muhit, al-Zahiriyyah, al-Khulasah and was declared to be Sahih by al-Zahidi as it does not necessitate delay. Because bowing is not compulsory at the end of a surah, for if he joins between a number of surahs after the fatihah nothing is necessary upon him (in terms of sujud al-sahw) as mentioned in al-Bahr
. The author of Sharh al-Muniyah said: it is stipulated with the first two units because limiting to once in the last two is not compulsory, such that sujud al-sahw is not necessary by the accidental repeating of the fatihah, even if it is deliberate it is not disliked as long as long as it does not lead to the lengthening of the prayer for the congregation or the unit being longer than the one before it’.
[8] Meaning with the fatihah in the first two units of the obligatory (fard), and in all the units of the optional and witr prayers. It is sufficient to recite the shortest surah such as al-Kawthar or that which is similar in terms of length which is three short verses. It is likewise sufficient to recite one or two verses which are equal in length to three short verses. Tanwir al-Absar (1/308), Nur al-Idah (p.248), Dur al-Mukhtar (1/308)
[9] Due to the Prophet (Allah bless him and give him peace) regularly performing it. So if the person praying accidentally recites a surah first, then realises and recites the fatihah, and then goes onto recite the surah, he performs sujud al-sahw. Tanwir and Dur al-Mukhtar (1/308), al-Maraqi (p.249)
[10] Meaning these five compulsory (wajib) acts are compulsory upon all those who must recite, they are: the Imam, the one praying alone, the one who joined the prayer late and missed some of the units. Alternatively the above five compulsory acts are not obligatory for the one praying behind the Imam, the illiterate and the mute. Al-Jawhar