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Omar HH
11-07-2004, 10:57 PM
If you did not pray facing the Qibla for many prayers, and have to make them up, in the Maliki Madhab it is only MANDUB (recommended) to repeat a prayer after praying it in the wrong direction by mistake... and your prayer is still valid.

So you could use that Maliki dispensation.

Jazakallah wa Khayrun

Omar HH
11-07-2004, 11:00 PM
369 Guiding Helper Line #475
Guiding Helper Excerpt:
And like if you forgot to face the direction.
Proof(s) from Secondary Text(s):
The ruling for a person who mistakenly or out of forgetfulness prays in the wrong direction is that [his prayer is
still true but] it is mandub for him to repeat the prayer as long as time remains.
[DT: volume 1: page 198: line(s) 25, 26: {explanation of verses 105-107; after fourth precondition}]
Proof(s) from Primary Text(s):
Jabir ibn `Abdullah said that The Prophet (May Allah bless him and give him peace) dispatched a military
expedition of which I was part of we were faced one night with extreme darkness such that we were unable to know
the direction of the qiblah. One group among us said that the qiblah is this way towards the north while another
group claimed that the qiblah is towards the south. When daylight broke, we found that none of the lines we had
drawn in the sand for the qiblah were correct. Thus, we went to the Messenger of Allah (May Allah bless him and
give him peace) [and informed him of such]; so, Allah revealed "Wherever you face, for there is the Countenance
of Allah." [2:115] [And the Prophet did not command them to repeat the prayer.]415
[AM: volume 1: page(s) 90: line(s) 12-16: {Dar Qutni, volume 1, page 271;
Hakim, volume 1, page 206; Bayhaqi, Kubra, volume 2, page 18}]

Abu Usama
11-07-2004, 11:11 PM
Salam,

but surely one would actually have had to have prayed and had wudu for prayer, according to the maliki madhab to take this dispensation?

Omar HH
11-07-2004, 11:24 PM
Salam,

but surely one would actually have had to have prayed and had wudu for prayer, according to the maliki madhab to take this dispensation?

wudu under the maliki madhab is very lienient actually, so you probably fufilled the requirements if you go check

and prayer is also very lienient, and if your hands were not at your sides then thats okay because thats not fard in prayer in the maliki madhab.

Just go look it up:

www.guidinghelper.com

Raeesa
12-07-2004, 01:24 AM
interesting... although with the easy compasses u can get its quite easy to work out the directions...

Omar HH
12-07-2004, 01:46 AM
interesting... although with the easy compasses u can get its quite easy to work out the directions...

I agree, and by no means am I encouraging people to pray incorrectly.

I am just saying, there could be some people who are making up alot of prayers because they found out their qibla was incorrect. And this is a dispensation to make their lives easier.

If anyone wants to know the Maliki wudu and prayer here it is:

They're seven things you must do in ablution. 7:225
You can't even miss one for purification. 7:226
Begin with an intention to regain pureness, 7:227
To do or allow worship. That's one in sureness. 7:228
Wash your face and arms to your elbows. Wipe your head. 7:229
Wash your feet to your ankles. That's five done and said. 7:230
Pass your hands over the washed parts. Some scholars say, 7:231
"Even if the water already fell away." 7:232
Do one action right after you do the other 7:233
Without break so the parts don't dry in good weather. 7:234
That's the seven. Make sure you comb your fingers through 7:235
And also your beard hair if it's thin and see-through. 7:236

The wajib actions of your prayer are sixteen. 14:481
Stand. Say the first takbir intending what you mean 14:482
To pray at this time. Stand for the recitation 14:483
Of the Fatihah. Then, bow in adoration. 14:484
Get up from bowing. Go prostrate in submission. 14:485
Get up and sit before the second prostration. 14:486
Sit while making your salam in termination. 14:487
Keep to the order that in this song we mention. 14:488
Make sure that you stand and sit straight when you have to. 14:489
You must stop in each posture a second or two. 14:490
Followers should start only after the imam. 14:491
And they should finish only after his salam. 14:492
They must intend to pray behind the one in lead. 14:493
In some cases, the imam must intend to lead: 14:494
When joining two prayers, and also when in fear, 14:495
On Fridays, and in coming to lead from the rear. 14:496
Each person praying must do all wajib action. 14:497
But, followers' Fatihah is an exception. 14:498
For wajib prayers, it's wajib to stand on your feet. 14:499
For mandub prayers, you can make your legs your seat. 14:500
If you can't stand, since you're sick or incapable, 14:501
You can pray cross-legged or however you're able. 14:502
If you can't bow or do prostration on the floor. 14:503
Stand and motion for bowing, but prostration more. 14:504
If you don't know the Fatihah in Arabic, 14:505
Pray behind someone. Keep quiet. Or learn real quick. 14:506
If you are really dumb and you can't speak or talk, 14:507
Just do whatever you can. But, prayer you can’t balk. 14:508
If your nose bleeds and you think it will keep going 14:509
'Till time is over, you can pray while it's flowing. 14:510

Saleel
12-07-2004, 10:18 AM
:salam:

If you did not pray facing the Qibla for many prayers, and have to make them up, in the Maliki Madhab it is only MANDUB (recommended) to repeat a prayer after praying it in the wrong direction by mistake... and your prayer is still valid.

So you could use that Maliki dispensation.

Jazakallah wa Khayrun
Not if you're Hanafi, Hanbali or Shafi'i.

:salam:

Omar HH
12-07-2004, 06:06 PM
:salam:

Not if you're Hanafi, Hanbali or Shafi'i.

:salam:
Answered by Shaykh Amjad Rasheed

In a previous response, you advised a questioner to follow the Hanafi school in his wudu so that his wife would not get angry when he tried to keep on wudu. Is it permissible for a Muslim to follow a school other than his own in any manner that he wishes? Is it permissible for me to follow the Hanafi school in wudu, the Shafi‘i school in prayer, and the Hanbali school in marriage?



ÈÓã Çááå ÇáÑÍãä ÇáÑÍíãÇáÍãÏ ááå ÑÈ ÇáÚÇáãíä æ Õáì Çááå Úáì ÓíÏäÇ ãÍãÏ æ Úáì Âáå æ ÕÍÈå æ ÓáãÃãÇ ÈÚÏ.

(1) What the scholars of exacting verification (muhaqqiqeen) have explicitly stated is that it is not obligatory to follow a single school in all matters. Rather, it is permissible for one to switch from one school to another as long as one does not seek out dispensations, which means to take the easiest position from every school.

(2) It is permissible to follow the Hanafi school in wudu, the Shafi‘i school in prayer, and the Hanbali school in marriage because impermissible mixing between schools (talfiq), as the Yemeni Imam Ibn Ziyad al-Shafi‘i said, is "to join between two schools on a single issue in a manner that makes it invalid according to both schools", such as if one makes wudu and follows the Shafi‘i school by wiping less than a quarter of the head and then touches a woman who is not a close relative and follows the Hanafi school by not repeating one’s wudu. In this case, one’s wudu will be invalid according to both schools because the Hanafis hold that it is obligatory to wipe [h: at least] a quarter of the head (and he has not done this) and the Shafi‘is hold that touching a woman who is not a close relative (mahram) invalidates one’s wudu (and he has touched [h: a non-mahram] and not repeated his wudu).

Shaykh Ibn Hajar, however, said that impermissible mixing between schools (talfiq) can also occur between two separate issues, such as wudu and prayer. According to him, then, both one’s wudu and prayer must be valid according to a single school in order for one to have validly made taqlid.

The great scholar ‘Abd al-Rahman al-Mashhur said in Bughyat al-Mustarshidin (p. 9), "Ibn Hajar’s position is more cautious and that of Ibn Ziyad is more suitable for the commonality (‘awamm)."

Amjad Rasheed
Amman, Jordan

(Translated by Hamza Karamali)


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Answered by Sidi Faraz Rabbani

Seeking Out Dispensations & Following Another School - From Sheikh Nuh Keller's Reliance of the Traveller


Seeking Out Dispensations & Following Another School

- From Sheikh Nuh Keller's Reliance of the Traveller

Faraz Notes: The Hanafi texts mention basically the same ruling...

c6.3 (n:) Since it is permissible for a Muslim to follow any of the four Imams in any of his acts of worship, comparison of their differences opens another context from discussing dispensation and strictness, a context in which classical scholars familiar with various schools often use the term "dispensation " to refer to the ruling of the school easiest on a particular legal question, and "strictness" to refer to the ruling of the school that is most rigorous. Which school this is varies from question to question. The following entry discusses how and when it is permissible for ordinary Muslims to use dispensation in the sense of following easier rulings from a different school, while entry c6.5 discusses the way of greater precaution (al-ahwat fi al-din) taken by those Muslims who purposely select the strictest school of thought on each legal question because of its being more precautionary and closer to godfearingness (taqwa).

c6.4 Scholars frequently acknowledge that the difference of the Imams is a mercy, and their unanimity is a decisive proof, Sheikh `Umar Barakat, the commentator of 'Umdat al-salik, says:

"It is permissible to follow each of the four Imams (Allah be well pleased with them), and permissible for anyone to follow one of them on a legal question, and follow a different one on another legal question. It is not obligatory to follow one particular Imam on all legal questions" (Fayd al-llah al-Malik (y27), 1.357).

This does not, however, imply that it is lawful to indiscriminately choose dispensations from each school, or that there are no conditions for the above mentioned permissibility. Imam Nawawi was asked for a formal legal opinion on whether pursuing dispensations in such a manner was permissible;

(Question:) "Is it permissible for someone of a particular school to follow a different school in matters that will be of benefit to him, and to seek out dispensations?"

He answered (Allah be well pleased with him), "It is not permissible to seek out dispensations [A: meaning it is unlawful, and the person who does is corrupt (fasiq)], and Allah knows best" (Fatawa al-Imam al-Nawawi (y105),113).

But when forced by necessity or hardship to take such a dispensation (A: even retroactively as when one has finished the action, and then makes the intention to have followed another Imam's school of thought on the question), then there is nothing objectionable in it, provided that one's act of worship together with its prerequisites is valid in at least one of the schools. One may not simply piece together (taliq) constituent parts from various schools in a single act of worship, if none of the schools would consider the act valid. An example is someone who performs an ablution that is minimally valid in the Shafi'i school by wetting only a few hairs of his head in the ablution sequence, something not permitted by Hanafis, and then prays behind an imam without himself reciting the Fatiha, something permitted by Hanafis but not shafiis. His ablution, the necessary condition for his prayer is inadequate in the Hanafi school and his performance of the prayer is inadequate school, with the result that neither considers his prayer valid, and in fact it is not, Whoever follows a ruling mentioned in this volume from another school must observe the conditions given at w14 and make sure his worship is valid in at least one school, which for prayer can best be achieved by performing all recommended measures in the present volume relating to purity, for example, e5,e11, and so on, as if obligatory.

c6.5 A second way to use differences between schools is to take the way of greater precaution by following whoever is most rigorous on a given question. For example, when performing the purificatory bath (ghusl), rinsing the mouth and nostrils with water is a nonobligatory, sunna measure according to the Shafi'i school, but obligatory and necessary for the purificatory bath's validity according to Hanafis. The way of greater precaution is for the Shafi'i to perform it as diligently as if it were obligatory, even though omitting it is permitted by his school.

(`Abd al-Wahhab Sha'rani:) My brother, when you first hear of the two levels of this scale (n: dispensation and strictness), beware of jumping to the conclusion that there is absolute free choice between them, such that an individual may without restriction choose either dispensation or strictness in any ruling he wishes. It does not befit a person able to perform the stricter ruling to stoop to taking a dispensation permissible to him. (A: The more rigorous is always preferable in the Shafi'i school even when the dispensation is permissible.) For as you know my brother, I do not say that the individual is free to choose between taking the dispensation or taking the stricter ruling when he is able to perform the stricter ruling obligatory for him. I take refuge in Allah from saying such a thing, which is like making a game of religion. Of an absolute certainty, dispensation are only for someone unable to perform the stricter ruling, for in such a case, the dispensation is the stricter ruling in relation to him.

Moreover, I hold that mere sincerely and honesty demand of anyone who follows a particular school not to take a dispensation that the Imam of his school holds is permissible unless he is someone who needs to; and that he must follow the stricter ruling of a different Imam when able to, since rulings fundamentally refer back to the word of the Lawgiver, no one else; this being especially necessary when the other Imam's evidence is stronger, as opposed to what some followers do.

We find among the dictums of the Sufis that one should not follows a position in Sacred Law for which the evidence is weaker except when religiously more precautionary than the stronger position. For example, the Shafi'i opinion that (n: a male's) ablution is nullified by touching a girl who is a child or touching the nails or hair of a woman: though this position is considered weaker by them (n: than the position given at e7.3),it is religiously more precautionary, so performing ablution for the above-mentioned things is better (al-Mizan al-kubra (y1230,:10-11).

(A: Because more rigorous rulings necessarily meet the requirements of less rigorous ones (though not vice versa), following more rigorous rulings from another school is unconditionally valid, unlike following its dispensations. And Allah knows best.)

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------------------------------------------------------------------------

Not Binding to Stick to One School

It is not religiously binding on the Muslim to stick to one school on all matters, without exception, as both al-Tahtawi and Ibn Abidin (Allah have mercy on them), the two leading late authorities for fatwa in the Hanafi school, both explain. Rather, there is nothing wrong with taking a dispensation if there is a need; what is impermissible is to make it a habit to seek out dispensations [i.e. even if there is no hardship or need].

The Path of Taqwa

The path of taqwa, as the scholars and Sufis explain, is to avoid taking dispensations unless there is genuine hardship in following one’s own school. In fact, they say that those who have learned their own school should seek out the strictest positions from other school whenever reasonably possible, so that one’s worship and practice is sound without argument.

May Allah grant us beneficial knowledge, and the success to act according to it, on the footsteps of the His Beloved (Allah bless him and give him peace), with the secret of sincerity, without which actions are but lifeless forms.

Wassalam,
Faraz Rabbani.

Why Can't a Non-Muslim Woman See My Hair?

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Following another school

I have heard several scholars mention that someone who has many years of make-ups to perform should find out whether his prayer was valid in any of the four schools. If it was, he can retroactively follow that school and assume that his prayer was valid. Making up years of prayers is an example of there being a compelling reason to follow a school other than one’s own. If it is only a matter of a small number of prayers (one or two months, for example), it would certainly be superior to stick to one’s own school and make up the prayers even if they are valid according to another school.

With regard to the examples given in the second Question, one should check with scholars of other schools to see if one’s prayer could have been valid according to them. I doubt, however, that praying after breaking wind would be valid on any school. With regards to thin socks, there may be a Hanbali dispensation that could be taken, but again, one should check with someone who has expertise in the Hanbali school. Note that one’s wudu and complete prayer (from the opening Allahu akbar to the final salams) must be valid according to one school.

According to the Shafi‘i school, however, the prayers mentioned in the Question were definitely invalid.
Conclusion

The Prophet (Allah bless him and give him peace) informed us that the first matter that one will be Questioned about on the Day of Judgment will be one’s prayer. Missed prayers are no light matter, and many Sufis give extremely high priority to making them up. They mention that such prayers are like a weight that keeps one from attaining to spiritual stations mentioned in books like the Ihya of Imam Ghazali and the Risala of Imam Qushayri.

And Allah knows best.

Hamza Karamali and Mostafa Azzam.

[1] Other schools are of the opinion that certain sunna prayers must still be performed, so one should not hasten to correct others when they perform such sunna prayers.

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Goldi
12-07-2004, 06:41 PM
The Deobandi Ulama do not necessarily agree with this view of mixing madhabs. ( Just a point, not that I agree with either/or)

Mossy
12-07-2004, 06:50 PM
Mandub is still recommended. What a non-issue, yeesh..

salman
12-07-2004, 10:02 PM
Sallamu Alaikum

I agree with Eteacher to. I would also like to add that from what i have seen from the Deobandi scholars is they oppose mixing of Madhabs when people say "I feel like it" or "I think such and such ruling is better". It becomes simply choosing based on whim. Mixing of Madhabs should only be done when the situation calls for it i.e in dire need.

The bottom line is this, whether you admit it or not. Our mixing of the Madhabs is not based on how we view the evidence, it is not based on the fact that we are able to understand how this ruling is more sound than another and so forth. Our mixing is based on our desires. I like Music so i will stick to that one Shafi scholar who said it is permissible. Dont think so.

eTeacher
12-07-2004, 10:04 PM
Salman...sorry about that...lol...i started a new thread on it...
please check the Mixing Madhabs and Deobandi Scholars...thread.....

salman
12-07-2004, 10:06 PM
hehe nps, just saw it : )

Abu Usama
12-07-2004, 10:14 PM
Salam,

Subhanallah! What an example. I remember reading this masalah in Mualana Thanvis Behethi Zewar a year ago (i since gave the book to a friend!) and in that it mentioned 90 years, which did leave me confused at the time. It wasn't the only thing in the book which confused me either, but thats another issue. (the one i had had no commentary).

What is the rulings on taking the non-fatwa positions of your school whilst staying in your own madhab? Like for example, would one be allowed to recite behind the imam citing the fatawa of Imam Abd al-Hayy al-Lackhnowi, Mulla Ali al-Qari and many other great Hanafi scholars? Or another one is could one follow the opinions of the earlier start to asr (and earlier end to zuhr) of Imam Mohammed and Imam Abu Yusuf without the individual being blameworthy for it?

Wasalam.

Omar HH
13-07-2004, 01:23 AM
Yeah but for people who would have to use this, it wouldn't be for just low desires, it would be for need because of not making up the prayers.

Yeah I know the Ulema of Deoband feel that way.

Sahara
13-07-2004, 11:16 AM
sorry for asking a dumb question, but what is 'deobandi'

salman
13-07-2004, 02:06 PM
sorry for asking a dumb question, but what is 'deobandi'

Sallamu Alaikum

Deoband is an area in India where a traditional school was built over a hundred years ago. Many schools were formed under it in other regions of India and Pakistan, now even England and America etc. It can be said that it is the centre of Hanafi learning. The student who come out of these schools are called "deobandis" by people.

Omar HH
13-07-2004, 11:56 PM
Sallamu Alaikum

Deoband is an area in India where a traditional school was built over a hundred years ago. Many schools were formed under it in other regions of India and Pakistan, now even England and America etc. It can be said that it is the centre of Hanafi learning. The student who come out of these schools are called "deobandis" by people.

Yes you can find their websites here:

http://www.ask-imam.com
http://www.albalagh.net
http://darululoom-deoband.com/english/index.htm

If your a hanafi, its very useful stuff.
Even if your not hanafi, I tend to goto albalagh.net alot.

Jazakallah wa Khayrun