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.

Iranian Turkoman Sunni Scholar

Sheikh Nur Muhammad Nurizad, the Sunni scholar, Imam and Khatib of the Friday prayers in the town of Kanbad Kawas in northern Iran passed away recently on the 14 of Rabi al-Awal.

He (May Allah have mercy on him) was a pious sincere scholar who spent over 60 years of his life in teaching, and was regarded as one of the most notable Sunni Qadi’s and Mufti’s of Iran.

May Allah the exalted envelop him in His mercy, truely to Him do we belong and to Him we return

It-haf: What Necessitates Ghusl -Pt.9

It Is Necessitated By:
– Meaning those matters which make it obligatory (fard) for a person to perform ghusl

Ejaculation
– Meaning the appearance

of semen
– From the private parts, whether it be whilst awake or when asleep
The semen of a man is thick and white in colour[1], the semen of women is thin and yellow.

accompanied by desire,
– Meaning with pleasure, even if experienced during an erotic dream[2].
Therefore if a person finds that there is a flow of semen to the outside of the body due to being struck then ghusl is not compulsory.
Likewise it is a condition for ghusl to be compulsory that it be accompanied by desire at the time of its separating from its place in the body[3] even if it does not appear outside of the body.

inserting of the head of the private part[4]
– It is that which is above the area that is circumcised, even if it is entered with something covering it through which warmth can be sensed according to the correct opinion.

In the front and rear,
– Of a human

upon both of them,
– Meaning the doer and the one to whom it is done, regardless of whether ejaculation takes place

the one awakening to find
– Meaning one awakening knowing, or seeing on himself

Semen
– Whether he recalls an erotic dream or not

or pre seminal fluid,[5]
– If he recalls having an erotic dream, due to the possibility that it maybe semen which has thinned due to the atmosphere/weather[6]. It is a thin white fluid which appears when aroused.[7] If a person has an erotic dream and awakes to find not wetness but later pre seminal fluid exits from them, then they do not have to perform ghusl. If however semen was to exit then they must perform ghusl.

the end of menstruation and post birth bleeding[8]
– Meaning after purity from its filth by the ending of the menstrual cycle. If a woman gives birth and does not see any blood it is compulsory for her to perform ghusl according to Imam Abu Hanifah out of precaution, his two students however differed.

[1] Al-Zaylai adds in Tabyin al-Haqaiq (1/17) that its odour is similar to that of pollen.
[2] This same ruling also applies to women, see al-Mabsut by al-Sarkhasi (1/70).
[3] The place of semen in the body of a male is a males back, and a bone near the chest for a female. See al-Dur al-Mukhtar with al-Hashiyah (1/159).
Therefore if the semen appears without being accompanied by desire, such as if the person was to lift a heavy object, or is struck on the back and semen appeared, then they do not have to bathe. He (Taala) said: ‘And if you are junub then purify’, the junub is someone who fulfils his desire. See Fath al-Qadeer (1/41-42).
[4] Muslim (1/56) reports from Aishah (ra) ‘the Messenger of Allah (s) said: ‘…If the two circumcised parts encountered each other, ghusl is obligatory’.
[5] Pre Seminal fluid (madhi) is that which appears at the time of foreplay etc.
[6] The person awakening from their sleep but does not recall having an erotic dream, and finds on their clothing or bedding or body semen, there is agreement that they must perform ghusl.
As for if a person awakes to find pre seminal fluid (madhi), if they recall having an erotic dream there is agreement that they must perform ghusl.
Likewise if they have a doubt if it is semen or pre seminal fluid along with their recalling having had an erotic dream. This is because of the possibility that the fluid that is found may have been semen but has thinned due to the atmosphere/weather, and therefore this fluid is regarded as semen out of precaution.
If the person awakening is certain that the fluid found is pre seminal fluid (madhi) there is agreement that it is not compulsory to perform ghusl.
If the person awakes and does not know if the fluid found is semen or pre seminal fluid and also do not recall having an erotic dream it is compulsory to perform ghusl according to Abu Hanifah and Muhammad bin al-Hasan, because of the possibility of it exiting accompanied by desire, then the person forgot and the semen was thinned by the atmosphere, in difference to the view of Abu Yusuf. The scholars mentioned that Abu Yusufs position is more in conformity with analogy (qiyas) and Abu Hanifah and Muhammad bin Hasans position is more precautionary. The details for this discussion can be found in Fath al-Qadeer (1/42).
[7] The corresponding fluid excreted by women is called al-qathi as mentioned by al-Zaylai (1/17) and Ibn Abidin (1/122). Al-Shalabi (1/17) mentioned that it is called al-taqthi.
As for al-Wadi: it is a thick fluid which exits after a person urinates. Ibn Abidin (1/122) mentioned that it is a white thick fluid which appears after urinating.
For both al-madhi (pre seminal fluid) and al-wadi ghusl is not required, rather wudu is perfomed. Sharh al-Kanz by al-Zaylai (1/17).
[8] The evidence for the necessity of ghusl are His (the Exalted) words: ‘Do not go near them until they purify’ [al-Baqarah:222], purifying here refers to bathing (ghusl). Post birth bleeding is regarded being like menstruation due to consensus (ijma) and analogy to menstruation. Fath Bab al-Inayah (1/79).

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

Kaydani: Faraid of the Prayer – Pt.3

As for (the obligatory elements) within (the prayer), they are seven:
1- Standing[1]
2- Recitation[2]
3- Bowing[3]
4- Prostration[4]
5- The final sitting[5]
6- Order in the performance of an action which is performed once in each unit or the whole prayer[6]
7- Exiting with an action[7] of the one praying[8]
[1] Standing is obligatory for the one able to stand and make prostration (sajda), i.e. If the person praying can stand but not prostrate then they do not have to stand. This also applies to the obligatory (fard) prayers. In the optional (nafl) prayers the one praying can offer them sitting down. The definition of standing is: that if the one praying was to stretch out his hands they would not reach his knees. This is the minimal extent of standing, the proper method is to stand upright. Al-Tabyin (1/104), al-Hadiyyah al-Alaiyyah (p.62), Dur al-Mukhtar (1/298), al-Maraqi (p.224), Hashiyah al-Tahtawi (p.225)
[2] It is to recite a long verse or a short verse consisting of two words in each of the two units of an obligatory (fard) prayer, and in all of the units of the witr and optional (nafl) prayers. However the one only reciting this amount is sinful due to his leaving a compulsory (wajib) act which is the recitation of the fatihah. The definition of recitation is that the person praying should be able to hear themselves as long as there is nothing preventing them doing so. Fath Bab al-Inayah (1/226-227), al-Hadiyyah al-Alaiyyah (p.62-63), al-Maraqi (p.225)
[3] This is by the lowering of both the head and the back, the minimum amount being that the one praying being closer to the bowing position than the standing position. This is known by if he was to stretch his hands they would reach the knees. The complete method of bowing is such that head is inline with the back. Al-Maraqi (p.228), Hashiyah al-Tahtawi (p.229), al-Hadiyyah al-Alaiyyah (p.63)
[4] The obligatory (fard) aspect of prostration is to place a part of the forehead on the ground, it is compulsory (wajib) to place most of the forehead on the ground as mentioned in Rad al-Muhtar (1/300). The following have also been mentioned as conditions:
i) It is compulsory (wajib) to prostrate on the hard part of the nose and the forehead. It is valid to prostrate on the forehead alone, and according to the strongest opinion one should not prostrate by placing only the nose on the ground except due to an excuse. It is disliked to perform prostration by only placing either the nose or the forehead on the ground. This was reported by al-Shurunbulali in al-Maraqi (p.231). Asad reported from Abu Hanifah that it is valid to prostrate by only placing the nose on the ground even without an excuse. However his two students held the view that it was invalid. See al-Umdah (1/160).
However the apparent meaning of the text of al-Wiqayah (p.144) is that the obligatory (fard) elements of prostration are with the forehead and nose, in al-Nuqayah (1/228) it is mentioned that this is the fatwa position. Therefore this means that if the person praying prostrates by only placing the forehead, or only placing the nose on the ground without an excuse they will not have performed the obligatory (fard) act required of them. Ibn Malak said in Sharh al-Wiqayah: ‘the later scholars gave the ruling that it was not permitted to only prostrate with the nose without an excuse’. See Fath Bab al-Inayah (1/228).
ii) The person praying should prostrate on an area where the forehead can settle. Therefore prostrating on something where the forehead is not settled such that if the person praying pushed their head further down it would descend further is not correct. Examples given mention prostrating on snow and cotton without fully pushing down the head to the point that it cannot be placed any lower. Al-Binayah (2/207), Naf’ al-Mufti (p.252), al-Maraqi (p.231)
iii) The place of prostration should not be raised from the ground level more than half a cubits length, so that the actual prostration can take place. A slight raising from the ground level of the area of prostration is of no consequence. An exception to this is due to crowding and lack of space prostrating on the back of another person offering the same prayer. It should be noted if the person on whose back prostration is made is not praying or is offering a different prayer then it is not valid.
iv) That the person praying perform the bowing (ruku) before the prostration (sujud). Al-Maraqi (p.226-233)

[5] It is the length in which the person praying would be able to recite the tashahhud. Fath Bab al-Inayah (1/230), al-Maraqi (p.235)
[6] It is the preceding of the standing before bowing, bowing before prostrating in that which is obligatory (fard) to perform once in every unit (rakah) and is not repeated. The prostration occurs twice in every unit, and the order between the prostrations is compulsory (wajib) not obligatory (fard). Al-Jawhar, al-Tabyin (1/105), al-Hidayah (1/46),al-Mabsut (1/80)
[7] This is according to Abu Hanifah according to the understanding of al-Burdai. Al-Karkhi understanding was that it was not obligatory (fard). Al-Qari mentioned in Fath Bab al-Inayah (1/230) that al-Karkhi’s was the correct position.
[8] What this means is that the person praying exits the prayer deliberately after completing it with an action, or statement which negates the prayer. It is obligatory (fard) to do so, whether it is by saying: Assalamu Alaikum, eating, drinking or walking. However doing such would be prohibitively disliked because of the leaving out of the compulsory (wajib) act which is the salam. Al-Bahr al-Raiq (1/311), Fath Bab al-Inayah (1/230)

Kaydani: Faraid of the Prayer – Pt.2

*Chapter One: The Obligatory Elements (Faraid) of the Prayer
They are fifteen, some of them being outside (the form of the prayer) and some within (the prayer).

As for (the obligatory elements) outside (the form of the prayer) they are eight:
1- The time[1]
2- Cleanliness of the body[2]
3- Cleanliness of the clothing[3]
4- Cleanliness of the place[4]
5- Covering of nakedness[5]
6- Facing the direction of prayer (qiblah)[6]
7- The intention[7]
8- The first takbir[8]

[1] It is a condition that the person praying believes that time for the prayer has entered, so that the act of worship will be performed with a firm intention, and to be sure the time for prayer has not expired as mentioned in al-Maraqi (p.218).
[2] From ritual and physical impurities. Ritual impurity (najasha hukmiyah/hadath) is that which the sacred law has classified as an impurity even though the person may seem outwardly clean and not have any physical filth upon themselves. An example of this is the state of not being in wudu.
Physical impurity (najasah al-haqiqiyah/khabath) are things such as urine and its like. Umdah al-Riayah (1/156)
[3] The condition for the cleanliness in terms of clothing is any garment which moves with the movement of the person wearing it. Maraqi al-Falah (p.208)
[4] It is a condition that the place of the two feet, hands, knees and forehead are clean according to the strongest opinion in the madhab. If one wishes to pray upon an area which is filthy and a thin piece of cloth which is not transparent is placed on the area, where the odour of the filth cannot be smelt through it, the prayer is correct. Naf’ al-Mufti (p.215), al-Maraqi (p.208)
[5] A mans nakedness is: from below the navel to below the knee. Rad al-Muhtar (1/271)
A free woman’s nakedness is: all of her body except her face, hands and feet. As for the opinion within the madhab that the woman’s feet are not a part of her nakedness, this is the position chosen by the author of al-Wiqayah (p.142), it was declared to be Sahih by the author of al-Hidayah (1/43), al-Muhit (p.84), al-Tabyin (1/96). The author of Majma al-Anhur (1/81) said: ‘this is the more correct position’, and al-Haskafi said in al-Dur al-Muntaqa (1/81): ‘this is the relied upon position of the madhab’.
[6] The one praying in Makka and able to see the Kaaba must face the Kaaba itself, because of his ability to do so. It is obligatory for the ones who cannot see the Kaaba including those far away to face its direction. Al-Maraqi (p.212-213)
[7] The intention is for the one praying to know in their heart which prayer they are offering. Articulating with tongue has been classified by the scholars as being desirable (mustahab), as it enables the one praying to gather his thoughts together in order to make the intention. Also due to the change in times and numerous preoccupations on peoples minds, articulating the intention verbally is regarded as being helpful. If the person praying was asked as to which prayer they were offering and they replied immediately without pausing, then the prayer is valid, and this is the more correct position. Al-Wiqayah (p.143), Umdah al-Riayah (1/159), Hadiyyah Ibn Imad (p.456), Dur al-Mukhtar (1/415), Naf’ al-Mufti (p.237), al-Maraqi (p.217)
[8] It is also referred to as the prohibiting takbir (tahrimah) because it prohibits within the prayer permissible acts such as eating, drinking, and speech. Al-Jawhar

Kaydani/Umdah Intro and Terms Pt.1

Salam, This translation and commentary was prepared not too long ago whilst I was staying in Liwa on the edge of desert famously known as the empty quarter.
This text is perhaps the shortest work on hanafi fiqh, it only covers the rulings related to the prayer, and has been taught in some parts of the muslim world. The reader will find a commentary in the form of footnotes taken from Sh. Salah Abul Hajjs edition.
The name of the text is famously known as Khulasah al-Kaydani, and according to some of the scholars such as Imam al-Nablusi the title of the work is ‘Umdah al-Musalli’.
I realise that the footnoting maybe lengthy at times, and therefore difficult to follow, If some kind soul wishes to volunteer to place the footnotes directly below the text then ‘Marhaba!’.
Much more could be written about the ascription of the work to the author Imam Lutfullah al-Nasafi, and the discussion surrounding exactly who he is, also some of the non fatwa positions in the text (which have been highlighted in the footnotes). But that is for another time and place inshallah, for now the aim of this is for students to benefit. Wassalam
***********
All praise is due to Allah the Lord of the worlds, salutations and blessings be upon His messenger Muhammad and all of his family.

Know that the slave/servant is tribulated[1] between obeying Allah (the most high) thereby being rewarded and between disobeying Him and being punished.

Tribulation is related to that which is permissible and impermissible, in terms of both performance and non performance.

Therefore it is necessary for an exposition of the types of legislated and non legislated acts, along with an explanation of their meanings and rulings so that it may be easier for the student to fully understand them.

So we say and with/through Allah is success:

The legislated actions are of four categories:
1- Obligatory (fard)
2- Compulsory (wajib)
3- Recommended (sunnah)
4- Desirable (mustahab)
They are followed by: permissible (mubah)

The non legislated actions are if two categories:
1- Unlawful (muharram)
2- Disliked (makruh)
They both are followed by: invalidator (mufsid) of an act which has been begun

In total there are eight categories.

As for the Fard: it is that which is established by a definitive proof in which there is no doubt (shubha)
The ruling for it is: reward for its performance, punishment for non performance without a reason[2], disbelief for denying regarding that which there is agreement[3].

As for the Wajib: it is that which is established by a proof in which there is some doubt.
The ruling for it is: similar to that of the fard in terms of action and not belief, such that its denier does not commit disbelief

As for the Sunnah: it is that which the Prophet (s) performed habitually[4] leaving it only once or twice.
The ruling for it is: reward for its performance, blame for its non performance[5] in the sunnahs of guidance[6].

As for the Mustahab: it is that which the Prophet (s) performed at times and left at other times[7], and that which is beloved to the early Muslims (salaf)[8].
The ruling for it is: reward for its performance and no blame for it being left[9]

As for the Mubah: it is that which the slave has a choice in between performing and leaving.[10]
The ruling for it is: neither reward nor punishment for its performance or leaving.

As for the Muharram: it is that regarding which the prohibition is established without any conflicting evidence[11].
The ruling for it is: reward for its being left for Allah (azza wa jall), punishment for its performance, disbelief for regarding as permissible that which there is agreement as being unlawful.

As for the Makruh: it is that regarding which the prohibition is established with the presence of a conflicting evidence[12].
The ruling for it is: reward for it being left for Allah, fear of punishment for its performance, not being disbelief to regard as lawful.

As for the mufsid: it nullifies the action which has been begun
The ruling for it is: punishment for its deliberate not accidental performance

Then know that the prayer encompasses the first four in terms of from the sacred law, and the last four are found in it by nature[13]

Therefore it is necessary to detail each category in a succinct but comprehensive way organised into eight chapters in order to make it easy for the believers.

[1] Meaning that the human being is tested by Allah (the most high) as mentioned in the Quran that: ‘Verily We created Man from a drop of mingled sperm, in order to try him: So We gave him (the gifts), of Hearing and Sight’. [Yusuf Ali translation]
The reason for why humans feel that they are undergoing trials and tests is because of the choice that they have been given in being obedient or disobedient to the divine commands. al-Jawhar
It should also be noted that this world is a place of being tested and tribulated and is not our final abode, unlike the dealing of many with this world as if it is everlasting and that they will never leave it.
[2] Meaning that there are times when an obligatory (fard) action can be left or changed, examples of this are a traveller not having to fast and shortening the prayer.
[3] This does not apply to the differences of opinion of the scholars about whether certain acts are obligatory (fard) or not. Al-Jawhar
[4] Imam al-Nablusi mentioned in al-Jawhar that this definition also includes that which was habitually practised the four khalifah’s (Allah be pleased with them). This definition was also supported al-Luknawi who said in Tuhfah al-Akhyar (p.84): ‘Many of our companions such as the authors of al-Hidayah, al-Tahrir, Bahr al-Ulum, authors of al-Kashf and al-Tahqiq, al-Tabyin, Islah wal-Idah, Mirqat al-Usul, al-Muhit, al-Khulasah, al-Nahr, Abu al-Yusr al-Bazdawi, al-Ta
htawi and others defined a recommended act (sunnah) in a manner that it includes the practice of the khalifah’s, making it such that the one who leaves it is blamed. Rather the author al-Binayah regarded leaving it as being punishable’.
[5] Leaving the emphasized recommended acts (sunnah al-muakkadah) is close to being unlawful, and this is also the status of the prohibitively disliked act (makruh tahrimi). The scholars mentioned that leaving the emphasized sunnah may lead to being deprived of things such as intercession in the next world. Tuhfah al-Abrar (p.87-88), Rad al-Muhtar (6/337)
[6] Meaning the emphasized recommended acts (sunnah al-muakkadah)
[7] This definition is also mentioned in al-Tabyin (1/77), al-Hidayah (2/92), al-Inayah (2/92) and Majma al-Anhur (1/139). Imam Ibn Abidin said in Minhah al-Khaliq (2/278) echoing that which was mentioned by Ibn Nujaim in al-Bahr al-Raiq (1/29): ‘Know that the scholars of usul do not differentiate between mustahab and mandub…that which was not habitually performed is mandub and mustahab, even if it was not performed after its being encouraged as mentioned in al-Tahrir. According to the jurists (fuqaha): mustahab is: that which was performed by the Prophet (Allah bless him and give him peace) at times and left at other times. Mandub is: That which was performed once or twice to teach its being permissible as mentioned in Sharh al-Nuqayah. Ibn Nujaim said in Kitab al-Taharah:…the preferred view is that of the scholars of usul’.
[8] Al-Nablusi mentioned in al-Jawhar that this applies even if it was not practised by the Prophet (Allah bless him and give him peace). Also what is meant by the term salaf are the early Imams such as Abu Hanifah and his students (Allah be pleased with them all).
Imam al-Nablusi’s definition of the term salaf is very interesting and is overlooked by many of those who use the term. This is because the salaf had numerous differing understandings of Islamic law which resulted in different schools of law (fiqh). Therefore if we say that we follow the salaf we should clarify which of the schools of the salaf we follow. Is it the school of Kufah which developed over time into the hanafi madhab, or the school of Madinah which developed into the Maliki madhab? If one does not specify which school of the salaf they follow it would be illogical as we know that the salaf in some instances had a varying number of views on one legal issue, which it would be impossible for a person to implement all at once.
[9] Al-Luknawi said in Tuhfah al-Abrar (p.91-92): ‘To conclude, the leaving of the sunnah in terms of belittling or mocking even it be from the zawaid is disbelief. Leaving it deliberately but not by way belittling is prohibitively disliked (makruh tahrimi) being a sin and deserving of blame if it is an emphasized (mukkadah) sunnah, it makes no difference if it is the sunnah of the Messenger (Allah bless him and give him peace) or of companions (Allah be pleased with them)’.
[10] It is that which the legally responsible person may perform or leave without any consequence of reward or punishment. It could also be defined as that which the person has a choice whether to perform or not. Al-Jawharah (2/280), Dur al-Mukhtar and Rad al-Muhtar (6/336)
The mubah maybe performed with an accompanying intention which would make it something rewardable or sinful. An example would be to eat with the intention of having enough strength to worship Allah (the most high). Likewise the wearing of fine clothing although permissible may become a sin if worn with the intention of arrogance and feeling of superiority over others. Al-Durar al-Mubahah (p.8-9), al-Jawhar
[11] Meaning a conflicting evidence which would indicate to that action being permissible
[12] Meaning the conflict of two evidences, one which indicates it to be permissible, the other which indicates to it being unlawful. Makruh tahrimi is closer to the unlawful (haram) due to this conflict of evidences where the evidence for it being unlawful is given precedence and therefore it is necessary for it to be left. Al-Ikhtiyar (5/413), Hasan al-Dirayah (4/95)
As for the disliked (makruh tanzihi) the one who performs it is not sinful, however one is rewarded for avoiding it. Not performing a disliked (makruh tanzihi) act is preferable. Rad al-Muhtar (6/337)
[13] What this means ‘by nature’ is that a human beings nature is to be forgetful or to be lazy, such that these two traits sometimes affect the performance of the prayer. Therefore ones nature of being lazy may lead to performing something in the prayer which is disliked etc. al-Jawhar