Aya

1953
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Bismillahi Al-Rahman Al-Raheem

Series of Questions Addressed to Eminent Scholar Ata Bin Khalil Abu Al-Rashtah
Ameer of Hizb ut Tahrir through his Facebook Fiqhi Page

Answer to Question
Rules for Joining the Prayers in Winter

To: Yahya Walid Geneina
(Translated)

Question:

Assalamu Alaikum Wa Rahmatullahi Wa Barakatuhu

Our beloved Sheikh, I would like you to clarify the rulings for combining in the winter, and what is the rule for combining? Is cold (weather) without strong winds an excuse that allows combining the prayer? If the rain stops before the rukhsah (license) break, does that permit combining?

Please advise us in detail. May Allah grant you barakah.

Answer:

Wassalamu Alaikum Wa Rahmatullahi Wa Barakatuhu.

As you know, we do not adopt in I’badat (worship) except what is related to the unity of the Ummah and the like, and all of that is for legitimate reasons such as Eid and Zakat. But I will quote for you the rulings of prayer related to your question, from the book, Ahkam Us-Salah, [Rulings of the Prayer] which was previously issued by the party in the name of Ali Raghib. It is not adopted, but there is credible evidence in it:

[JOINING BETWEEN TWO PRAYERS

1-  It is permitted to join between dhuhr and ‘asr and between maghrib and ‘esha in the travel wherein prayer is valid to be shortened. It is not permitted to join between ‘asr and maghrib nor between ‘esha and subh nor between subh and dhuhr due to what ibn ‘Umar narrated and said: «كَانَ رَسُولُ اللهِ ﷺ إِذَا جَدَّ بِهِ السَّيْرُ جَمَعَ بَيْنَ الْمَغْرِبِ وَالْعِشَاءِ» “when Rasool Allah (saw) was earnest in travel, he would join between maghrib and ‘esha.”And Anas (ra) narrated that the Prophet (saw) «كَانَ يَجْمَعُ بَيْنَ الظُّهْرِ وَالْعَصْرِ»“would join between dhuhr and ‘asr.” It was not narrated from him (saw) that he joined in other than these two situations of the prayers which are dhuhr with ‘asr or maghrib and ‘esha. Ritual worships (‘ibadat) are (tawqeefiyyah) restricted to what came in the text, and limited to its contents. It is not permitted to join in prayers other than those mentioned in the text. It is permitted to join between these two, i.e. dhuhr and ‘asr and maghrib and ‘esha, in advance (taqdeem) or by postponement (ta’khir). So it is permitted to join between them in the time of the first prayer and in the time of the second one. However, if the traveller dismounted in the time of the first then it is better to bring forward the second to the time of the first. However, if he were travelling then it would be better to delay the first to the time of the second, due to what was narrated from ibn ‘Abbas: «أَلاَ أُخْبِرُكُمْ عَنْ صَلاَةِ رَسُول اللَّهِ ﷺ؟ إِذَا زَالَتِ الشَّمْسُ وَهُوَ فِي الْمَنْزِل قَدَّمَ الْعَصْرَ إِلَى وَقْتِ الظُّهْرِ وَيَجْمَعُ بَيْنَهُمَا فِي الزَّوَال، وَإِذَا سَافَرَ قَبْل الزَّوَال أَخَّرَ الظُّهْرَ إِلَى وَقْتِ الْعَصْرِ، ثُمَّ جَمَعَ بَيْنَهُمَا فِي وَقْتِ الْعَصْرِ»“Should I not inform you of the prayer of Rasool Allah (saw); when the sun declined (from the midday) and he was in the campsite, he brought forward ‘asr to the time of dhuhr and joined between them at noon, and when he travelled before noon, he delayed dhuhr to the time of ‘asr then joined between them at the time of ‘asr.”One must intend joining at the beginning of the time of the first and combine the two in the advanced joining. If he made advance joining and reached his residence before the time of the second (prayer) had come, if he had completed the two prayers the joining is valid; otherwise, only the prayer which he had completed is valid.

2-  The joining in the prayer is established by the authenticated Sunnah. On the authority of Anas who said: «كَانَ رَسُولُ اللهِ ﷺ إِذَا ارْتَحَلَ قَبْلَ أَنْ تَزِيغَ الشَّمْسُ أَخَّرَ الظُّهْرَ إِلَى وَقْتِ الْعَصْرِ، ثُمَّ نَزَلَ فَجَمَعَ بَيْنَهُمَا، فَإِنْ زَاغَتِ الشَّمْسُ قَبْلَ أَنْ يَرْتَحِلَ صَلَّى الظُّهْرَ ثُمَّ رَكِبَ»“When Rasool Allah (saw) would travel before the sun moved from the zenith, he would delay dhuhr to the time of ‘asr then he halted and joined between them. If the sun moved before he travelled, he prayed the dhuhr then mounted.” On the authority of Anas from the Prophet (saw) «أَنَّهُ إِذَا عَجِلَ عَلَيْهِ السَّفَرُ يُؤَخِّرُ الظُّهْرَ إِلَى أَوَّلِ وَقْتِ الْعَصْرِ فَيَجْمَعُ بَيْنَهُمَا، وَيُؤَخِّرُ الْمَغْرِبَ حَتَّى يَجْمَعَ بَيْنَهَا وَبَيْنَ الْعِشَاءِ حِينَ يَغِيبُ الشَّفَقُ»“that when he hastened the travel, he postponed dhuhr to the time of ‘asr and postponed maghrib until he joined between it and ‘esha when the light disappeared.”And on the authority of Mu’adh (ra) «كَانَ فِي غَزْوَةِ تَبُوكَ إِذَا زَاغَتِ الشَّمْسُ قَبْلَ أَنْ يَرْتَحِلَ جَمَعَ بَيْنَ الظُّهْرِ وَالْعَصْرِ، وَإِنِ ارْتَحَلَ قَبْلَ أَنْ تَزِيغَ الشَّمْسُ أَخَّرَ الظُّهْرَ حَتَّى يَنْزِلَ لِلْعَصْرِ، وَفِي الْمَغْرِبِ مِثْلُ ذَلِكَ؛ إِنْ غَابَتِ الشَّمْسُ قَبْلَ أَنْ يَرْتَحِلَ جَمَعَ بَيْنَ الْمَغْرِبِ وَالْعِشَاءِ، وَإِنِ ارْتَحَلَ قَبْلَ أَنْ تَغِيبَ الشَّمْسُ أَخَّرَ الْمَغْرِبَ حَتَّى يَنْزِلَ لِلْعِشَاءِ ثُمَّ جَمَعَ بَيْنَهُمَا»“that Rasool Allah (saw) would in the Battle of Tabuk, if the sun moved from the zenith before he departed, he joined between dhuhr and ‘asr. If he departed before the sun moved from the zenith, he postponed dhuhr until he halted at ‘asr. And similarly at maghrib, if it was sunset before he departed, he joined between maghrib and ‘esha. And if he departed before the sunset, he postponed maghrib until ‘esha came and he joined the two” All these ahadith are authentic, and they indicate in a way without any ambiguity the permissibility of joining between dhuhr and ‘asr in advance or by postponement, similarly between maghrib and ‘esha in advance or by postponement.

3-  However this joining is not allowed except on the Day of ‘Arafah at Arafaat, the night of Muzdalifa therein, in the travel wherein prayer is shortened and in rain. As for ‘Arafah and Muzdalifa, this is because the Prophet (saw) joined in ‘Arafah and Muzdalifah. As for the travel, this is because the ahadith which indicated the occurrence of joining in other than rain indicated of its occurrence in travel only. That is clarified in the wording of the ahadith despite their numerous number. So you find the hadith stating

«إِذَا جَدَّ بِهِ السَّيْرُ» «إِذَا ارْتَحَلَ»، «إِذَا عَجِلَ عَلَيْهِ السَّفَرُ»“when he was earnest about travelling”, “when he departed”, “when he hastened the travel” and other ahadith that indicate the travel. Some of the narrations are explicit about the travel, so in the hadith of ibn ‘Abbas: «كَانَ رَسُولُ اللَّهِ ﷺ يَجْمَعُ في السَّفَرِ بَيْنَ صَلَاةِ الظُّهْرِ والعَصْرِ إِذَا كَانَ عَلَى ظَهْرِ سَيْرٍ، ويَجْمَعُ بَيْنَ المَغْرِبِ والعِشَاءَ»“Rasool Allah (saw) would join in travel between the two prayers of dhuhr and ‘asr when he was in the midst of travelling, and join between the maghrib and ‘esha.” And from ibn ‘Abbas about the Prophet (saw) that «كَانَ إِذَا زَاغَتْ الشَّمْسُ فِي مَنْزِلِهِ جَمَعَ بَيْنَ الظُّهْرِ وَالْعَصْرِ قَبْلَ أَنْ يَرْكَبَ، وَإِذَا لَمْ تَزِغْ لَهُ فِي مَنْزِلِهِ سَارَ حَتَّى إِذَا حَانَتْ الْعَصْرُ نَزَلَ فَجَمَعَ بَيْنَ الظُّهْرِ وَالْعَصْرِ، وَإِذَا حَانَتْ الْمَغْرِبُ فِي مَنْزِلِهِ جَمَعَ بَيْنَهَا وَبَيْنَ الْعِشَاءِ، وَإِذَا لَمْ تَحِنْ فِي مَنْزِلِهِ رَكِبَ حَتَّى إِذَا حَانَتْ الْعِشَاءُ نَزَلَ فَجَمَعَ بَيْنَهُمَا»“he would in travel, when the sun moved (from the zenith) in his halting place, join between dhuhr and ‘asr before he mounted. If it did not move while in his halting place, he would travel until when ‘asr came he alighted and joined between dhuhr and ‘asr. And when maghrib came while at his halting place, he joined between it and ‘esha. And if it did not come while at his halting place, he mounted until it was ‘esha, alighted and joined between the two.” All this has linked therein the joining with the restriction/condition (qayd) of travel. What is intended here is the travel wherein shortening of prayer is valid. This is because “al” in the travel (al-safar) is of what is well known (ma’hud) which is the Shar’ai travel that is considered a travel for shortening the prayer.

4-  As for joining in the rain, this is due to what was narrated from Abu Salamah bin ‘Abdurrahman who said: «إِنَّ مِنَ السُّنَّةِ إِذَا كَانَ يَوْمٌ مَطِيرٌ أَنْ يُجْمَعَ بَيْنَ الْمَغْرِبِ وَالْعِشَاءِ»“Of the Sunnah is that joining between maghrib and ‘esha when it is a rainy day” (Narrated by Al-Athram). His saying “of the Sunnah” indicates the Sunnah of Rasool Allah (saw), so it accounts to a hadith. Hisham bin ‘Urwah said: “I saw Aban bin ‘Uthman joining maghrib and ‘esha between the two prayers in a rainy night. And ‘Urwah bin Az-Zubair, and Abu Salamah bin ‘Abdurrahman and Abu Bakr bin ‘Abdurrahman prayed them with him. They did not deny it and no one is known to oppose them in their time, so it was Ijma’a” (narrated by Al-Athram). It is also due to what was narrated from ibn ‘Umar «أنَّ النبىَّ ﷺ جَمَع في المَدِينَةِ بينَ الظُّهْرِ والعَصْرِ فِي المَطرَ»“that the Prophet (saw) joined in Madinah between the dhuhr and ‘asr in the rain,” and it was narrated from Jabir bin Zaid from ibn ‘Abbas «أَنَّ النَّبِيَّ ﷺ صَلَّى بِالْمَدِينَةِ سَبْعاً وَثَمَانِياً الظُّهْرَ وَالْعَصْرَ وَالْمَغْرِبَ وَالْعِشَاءَ فَقَالَ أَيُّوبُ لَعَلَّهُ فِي لَيْلَةٍ مَطِيرَةٍ قَالَ عَسَى»“that the Prophet (saw) prayed in Madinah seven and eight (days), dhuhr with ‘asr and maghrib with ‘esha. Ayyub said: Perhaps it were a rainy night? He said: Yes perhaps” (Narrated by Al-Bukhari). It means that Ayyub as-Sakhtiyani said to Jabir bin Zaid who is Abu ash-Sha’atha: Perhaps this joining was on a rainy night, so he said to him: Perhaps it is as you say. The likelihood of rain was also asserted by Malik immediately after he extracted this hadith. All these ahadith indicate as a whole the permissibility of joining in rain in advance or by postponement. What is meant by rain is what is called generally as rain which is what wettens the clothes irrespective of whether there is a difficulty therein or not, due to what was narrated that the Prophet (saw) joined in the rain and there was nothing between his room and the mosque, and irrespective of whether he was in the mosque or the house, and irrespective of whether the rain was falling at the time of performing the prayer or not. This is because the hadith does not include reason (illah) of difficulty, so it is taken verbally (tawqeefiyyah). It is also because no text came to say it is in the mosque or not, so it remains unrestricted (mutlaq). Not to mention that it is established that the Messenger (saw) «كَانَ يَجْمَعُ فِي بُيُوتِ أَزْوَاجِهِ إلَى الْمَسْجِدِ»“would join in the houses of his wives to the mosque”and because the hadith says «يَوْمٌ مَطِيرٌ» «فِي المَطرَ»“a rainy day”, “in rain” and the likelyhood of Ayyub as-Sakhtiyani in which he said «لَيْلَةٍ مَطِيرَةٍ».“a rainy night”. The meaning of this is that it is time of rain not that rain was falling at the time of starting the prayer. It is also because once the cause (sabab) of joining existed, which is the excuse permitting joining of the prayer, it is permitted to make joining absolutely like travel. Similarly, once the rain existed, it is permitted to make joining absolutely, whether there was a difficulty therein or not and whether it was in the mosque or not.

5-  However, as for other than ‘Arafah and Muzdalifah, travel and rain, joining is not permitted at all and no analogy (qiyaas) is done with it, with the pretext of difficulty due to the absence of a legislative reason (‘illah) for joining, and because difficulty did not come as a Shar’ai ‘illah in the texts, an analogy does not work without an ‘illah. Besides the (‘ibadat) are not reasoned nor is qiyas done on them…] End of quote.

I hope that this is sufficient, and Allah is Most Knowledgeable and Most Wise.

Your Brother,

Ata Bin Khalil Abu Al-Rashtah


The link to the answer from the Ameer’s Facebook page:

https://www.facebook.com/HT.AtaabuAlrashtah/posts/685354819818557

23 Rabii’ Al-Akhar 1444 AH

 
18.11.2022
 



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Answer to Question Rules for Joining the Prayers in Winter