Congregational Witr - 2+1; How should a Hanafi respond?

[SASLAMS]

well ramadhan was overcome by this thread but atleast it wasnt the 8 / 20 taraweeh thing. now we wait to for Rabil Awwal for the next debate.

[afriki_haqq]

Question: Is it permissible for Ḥanafīs to follow Shāfiʿīs in Witr Ṣalāh and vice versa during the holy month of Ramadhaan?

Answer: It is permissible for Ḥanafīs to follow Shāfiʿīs in Witr Ṣalāh just as it is permissible for Shāfiʿīs to follow Ḥanafīs, provided a few points are kept in mind:

The Shāfiʿī Imām should perform three Rakʿāts of Witr Ṣalāh with one Salām. One of the great Shāfiʿī scholars, Imām Nawawī (R.A.) has stated in Sharḥul Muhaẓẓab Pg. 3, vol. 4, that this would be more meritorious and more preferred. If he performs it with two Salāms then the Ḥanafī follower’s without making salaam should stand and complete the third rakaat and also recite the Dua Qunūt as a Masbooq (late comer) does. The is no need to repeat the Salaah thereafter.
During the first 15 days of Ramaḍān, the Ḥanafī Imām should perform the Witr and from the 16th night, the Shāfiʿī Imām should perform the Witr Ṣalāh. (Sharḥul Muhaẓẓab Pg 15 vol. 4)
As far as the Ḥanafī followers are concerned, they should recite the Qunūṭ of Witr after Rukuʿ when following the Shāfiʿī Imām and they should recite the Qunūṭ without lifting the hands.

If these few points are kept in mind, then it would be very easy to combine these two Jamaats and both sides will gain the full reward of Witr Insha-Allah.

And Almighty Allah knows best.

(Fatāwā Darul Uloom Zakariyya, 2:422-426)

[mospike]

Mufti AK Hoosen has given jawaaz for both actions without any ' subject to ' clauses.

The reality on the ground is that this practice of 2 jamaats has become a barrier for the layman, many of whom do not understand the veracity of both arguments.

In the Jamaat Khana i attend this has been more evident this Ramadhaan as many Hanafis just left out Witr all together, whilst the Shafi youngsters seeing the 'other' brothers walking out earlier then the shawaafi, they too abandoned the witr to leave early. Taleem i know is what will cure this problem, but not many Ulama wish to take a decisive stance on this issue for fear of reprisal.

[Talib ul-Ilm]

Maulana Makki al-Hijazi (Khateeb of Haram) advises Hanafis to perform Witr salah individually during his dars sessions after maghrib salah. And where I would pray salah in Masjid Nabawi, I noticed Maulana Ismail Badat al-Madani (khalifa of Hadhrat Shaikh Zakariya r.a) would pray it individually too.

In Ramadhan, Maulana Zubair-ul-Hasan Kandhelwi of Nizamuddin who would sit a few rows ahead of Maulana Ismail Badat sb would also perform witr individually.

[mospike]

Asalamualykum

See attached from Mufti AK Hoosen's book entitled ' Ramadhaan Q&A '

wasalaam

[Adil Faiyaz]

Jazak'Allah Khayr for all the responses and to Mufti Abu Hajira Sahab too. I preferred to pray individually. Though did join it on the first two nights but still did repeat mine afterwards, thereafter prayed individually.

@AbdurRaheem2: Where do you live brother? =) I found it mostly Salafi. A few Hanafi Mosques, such as Pakistani Mosque etc and few Maliki like Za'abeel Mosque. But overall, Salafi. Asked Imam of my Masjid too, he said Salafi and that we follow all school of thoughts whichever holds the strongest backing for his Fatwa.

[AbdurRaheem2]

@AbdurRaheem2: Where do you live brother? =) I found it mostly Salafi. A few Hanafi Mosques, such as Pakistani Mosque etc and few Maliki like Za'abeel Mosque. But overall, Salafi. Asked Imam of my Masjid too, he said Salafi and that we follow all school of thoughts whichever holds the strongest backing for his Fatwa.

lol UK in body UAE in my heart.

There are lots of Salafis there because of the TV etc, but on paper the actual Emiratis are mostly Maliki apart from in Sharjah where they are basically Salafi-Hanbali. The Maliki school is the official madhab of the UAE and department of religious affairs is officially Maliki oriented (but in some ways Salafi influenced) and it appoints and employs the Imams and even decides their sermons, but the Imams are a mixed bunch (including from other Arab countries who are not Maliki).

At the same time a lot of the Emiratis who consider themselves Maliki are very Salafi influenced and even with the awqaf there is a strong Salafi influence in the way they look at fiqh. if you look at the fatawa on here, you can see that although oficially Maliki they often choose what is preferential to them between the four schools http://www.awqaf.ae/?Lang=EN

Likewise you may often find it difficult to tell a ghair muqqalid Salafi from a Salafi-Maliki by how he prays as his prayer is often modified away from the traditional Maliki way according to the same Hadeth that influence the Salafis. Or he may do only 8 rakaat taraweeh even though that is not the view of the Malikiyyah etc.

[afriki_haqq]

The Number of rak'ah of witr salah: From the dars of al-Tajrid al-Sarih, abridged Sahih al-Bukhari, by Shaykh Abu Yusuf Riyadh al-Haq

باب: مَا جَاءَ فِي الْوِتْر
539. عَنِ ابْنِ عُمَرَ رَضِيَ اللهُ عَنْهُمَا: أَنّ رَجُلًا سَأَلَ رَسُولَ اللهِ صلى الله عليه وسلم عَنْ صَلاَةِ اللّيْلِ, فَقَالَ رَسُولُ اللهِ صلى الله عليه وسلم: صَلاَةُ اللّيْلِ مَثْنَى مَثْنَى, فَإِذَا خَشِيَ أَحَدُكُمُ الصّبْحَ صَلّى رَكْعَةً وَاحِدَةً, تُوتِرُ لَهُ ما قَدْ صَلّى

539. Narrated Ibn 'Umar رضى الله عنهما : Once a man asked Allâh's Messenger صلى الله عليه وسلم about the night prayer. Allâh's Messenger صلى الله عليه وسلم replied, The night prayer is offered as two Rak'ât followed by two Rak'ât and (so on) and if anyone is afraid of the approaching dawn (Fajr prayer) he should pray one Rak'ât and this will be a Witr for all the Rak'ât which he has prayed before.

In this hadeeth the Prophet (صلى الله عليه وسلم) said that at night you should pray two rakaats followed by two, and when you fear the arrival of dawn you should pray one rakaat. Virtually all the ulema agree that it is better (preferable) to pray salah at night in twos i.e. you should pray two rakaats then say salaam – this is according to all ulema except Imam Malik (رحمة الله عليه) and Imam Abu Hanifah (رحمة الله عليه).

Imam Abu Hanifah (رحمة الله عليه) says that it is preferable to pray 4 rakaats. Imam Shafi (رحمة الله عليه) and Imam Ahmad ibn Hanbal (رحمة الله عليه) are of the opinion that it is permissible to pray 4 rakaats during the day and night but 2 is preferable. Imam Abu Yusuf (رحمة الله عليه) and Imam Muhammad (رحمة الله عليه) say it is preferable to pray 4 during the day and 2 at night. Imam Malik (رحمة الله عليه) says one should pray 2 rakaats during the day and night, but it is not permissible to pray 4 rakaats at night. He is alone in saying that you can only pray 2 rakaats at night.

A question which arises is whether it is permissible to pray just 1 rakaat or is 2 the minimum. Imam Abu Hanifah (رحمة الله عليه), Imam Abu Yusuf (رحمة الله عليه), and Imam Muhammad (رحمة الله عليه) say it is not permissible to pray 1 rakaat. Imam Malik (رحمة الله عليه) says Witr salah is 1 rakaat. Imam Shafi (رحمة الله عليه) and Imam Ahmad ibn Hanbal (رحمة الله عليه) say that for both nafil and Witr salah it is permissible to pray 1 rakaat.

The wording in this hadeeth from the Prophet (صلى الله عليه وسلم) is that you should pray at night by praying 2 rakaats followed by 2 rakaats etc, and when you fear the onset of dawn you should end your night prayers in an odd manner. Maghrib salah comes at the end of the day and makes the prayer of the day so similarly the night prayers should also end in an odd manner. In is not explained in this hadeeth how one should pray 1 rakaat.

So the next question is whether Witr salah consists of 1 rakaat or 3 rakaats? In the Haramain and in Madinah, 1 rakaat is prayed. In the Hijaz, people predominantly follow the fiqh of Imam Ahmad ibn Hanbal – it should be noted that all of the scholars have their evidences on which they have based their opinion.

According to the Hanafi fiqh, Witr salah should be 3 rakaats. Imam Hakim (رحمة الله عليه) narrates a hadeeth from Aisha (رضى الله عنها) that the Prophet (صلى الله عليه وسلم) would pray 3 rakaats and would only say salaam at the end. Someone once said to Hasan al Basri (رحمة الله عليه) that Abdullah ibn Umar (رضى الله عنه) would pray 1 rakaat for Witr salah (after praying 2 rakaats). Hasan al Basri replied that his father who was more learned would pray 3 rakaats. Ali (رضى الله عنه), Anas (رضى الله عنه) and other sahabah would pray 3 rakaats for Witr salah.

Imam Malik (رحمة الله عليه) says in his muwatta that you have to add two rakaats prior to praying the 1 rakaat, so collectively you pray 3 rakaats with salaam in between. Imam Malik (رحمة الله عليه) says something similar but says it is not obligatory. From this hadeeth, it appears that 1 rakaat can be added without saying salaam after two before dawn. All the different methods are permissible.

Imam Shafi (رحمة الله عليه), Imam Malik (رحمة الله عليه) and other scholars say that if the Imam is praying 3 rakaats, you follow the Imam. The majority of the Hanafi scholars say that if an Imam is praying 3 rakaats with 2 salaams, then it is not permissible to pray behind such an Imam for Witr salah. The reason for this is not bigotry but because salah of 1 rakaat is non-existent according to Hanafi fiqh. It came to the attention of Abdullah ibn Masud (رضى الله عنه) that people were praying 1 rakaat and was reported as saying that 1 rakaat has never been sufficient. However, some ulema (a minority) of the Hanafi School of Fiqh say it is permissible to pray behind an Imam when he prays Witr salah of 1 rakaat. Shaykh Riyadh ul Haq said he is more inclined to act on the opinion of the minority.

http://www.bukhariblog.com/2006/06/n...itr-salah.html