The Chapter About الصِّيَامِ (Fasting) from the Matn Al Ashmaawiyyah

The Chapter About الصِّيَامِ (Fasting)

وَصَـوْمُ‮ ‬رَمَـضَانَ‮ ‬فَرِيضَةٌ (The fast of Ramaḍaan is an obligatory duty) يَـثْبُتُ‮ ‬بِكَمَالِ‮ ‬شُعْبَانَ‮  ‬ (which is fixed to the completion of the month of Shaʿbaan) أَوْ‮ ‬بِـرُؤُيَـةِ‮ ‬عَـدْلَـيْـنِ‮ ‬لِلْهِلاَلِ (or the sighting of the crescent moon by two reliable witnesses) أَوَ‮ ‬جَـمَاعَةٍ‮ ‬مُسْـتَفِيضَة (or the spread of the news among a large portion of the community) وَكَـذَالِـكَ‮ ‬فِي‮ ‬الفِطْرِ (and it is the same as this with the ending the fast). وَيُـبَيِّتُ‮ ‬نِـيَّةَ‮ ‬الصِّيَامَ‮ ‬فِـي‮ ‬أَوَّلِـهِ‮ ‬ (The one who is fasting makes the intention to fast at the beginning of Ramaḍaan), وَلَـيْسَ‮ ‬عَـلَيْهِ (but it is not incumbent upon him) الْـبَيَاتُ‮ ‬فِـي‮ ‬بَـقِيَّتِهِ‮ ‬ (to do so for the rest of Ramaḍaan).

يُـتِمُّ‮  ‬الصِّيَامَ‮ ‬إِلَـى اللَّيْلِ (He should maintain the fast until nightfall), وَمِـنَ‮ ‬السُّنَّة تَعْجِيلُ‮ ‬الْـفِطْرِ (while it is the Sunnah to hurry to break the fast) وَتَـأْخِـيرُ‮ ‬السُّحُورِ (and to delay the Suḥuur).  وَحَيْثُ‮ ‬ثَـبُتَ‮ ‬الشَّهْـرُ‮ ‬قَـبْلَ‮ ‬الْفَجْـر (If the arrival of the month of Ramaḍaan is confirmed before Fajr (dawn), وَجَـبَ‮ ‬الصَّوْمُ (the fasting will become obligatory), وَإِنْ‮ ‬لَـمْ‮ ‬يَـثْبُتُ‮ ‬ (however, if it is not confirmed) إِلاَّ‮ ‬بَـعْدَ‮ ‬الْفَجْـرِ (until after Fajr, وَجَـبَ‮ ‬الإمْـسَاكُ (observing the fast will become [immediately] obligatory)). وَلاَ‮ ‬بُـدَّ  (That undoubtedly) مِـنْ‮ ‬قََـضَاءِ‮ ‬ذَالِـكَ‮ ‬الْـيَوْمِ (it is obligatory to make up that day).

 وَالنِّيَّة (The intention to fast [which has been made]) قَـبْلَ‮ ‬ثُـبُوتِ‮ ‬الشَّهْـرِ‮ ‬(before the arrival of the month of Ramaḍaan has been confirmed) بَـاطِـلَةٌ‮ ‬(is invalid), حَـتَّى لَـوْ‮ ‬نَـوَى (like when the individual who made the intention) قَـبْلَ‮ ‬الرُّؤْيَةِ (before the sighting of the hilaal), ثُـمَّ‮ ‬أَصْـبَحَ (then), وَلَـمْ‮ ‬يَـأْكُـلْ‮ ‬وَلَـمْ‮ ‬يَشْـرَبْ (and he didn’t eat nor drink), ثُـمَّ‮ ‬تَـبَيَّنَ‮ ‬لَـهُ (and then it became clear to him) أَنَّ‮ ‬ذَالِـكَ‮ ‬الْيَوْمَ‮ ‬مِـنْ‮ ‬رَمَـضَانَ (that that day was the first day of Ramaḍaan), لَـمْ‮ ‬يُجْزِهِ‮ ‬(that day is not permitted to him [as one of his fasting days of Ramaḍaan]). وَيُـمْسِكُ‮ ‬عَـنِ‮ ‬الأَكْـلِ‮ ‬وَالشُّرْبِ‮ ‬فِـهِ (however, he must  continue to abstain from eating and drinking in it), لِـحُـرْمَـةِ‮ ‬الشَّهْـرِ (because of the sacredness of the month), وَيَـقْضِيهِ (and he must make it up [the day’s fast as well.]).

وَلاَيُـصَامُ (There should be no fasting) يَـوْمُ‮ ‬الشَّكِّ (on the Day of Doubt),  لِيُحْتَاطَ‮ ‬بِهِ‮ ‬مِنْ‮ ‬رَمَضَانَ (in order to make sure it is not the first day of Ramaḍaan). وَيَـجُوزُ‮ ‬صِـيَامُـهُُ‮ ‬لِـلتَّطَوُّعِ‮ ‬وَالنَّذْرِ‮ ‬ (Performing voluntary fast and the fast that one has pledge to do is allowed), إِذَا صَـادَفَ (if it coincides with [the Day of Doubt]). وَيسْـتَحَبُّ‮ ‬الإمْسَاكُ‮ ‬فِي‮ ‬أَوَّلِهِ (It is recommended however, to refrain from eating at the beginning of the day [the Day of Doubt]), لِــيَتَحَقَّقَ‮ ‬النَّاسُ‮ ‬الرُّأْيَةَ  (in order to allow the people to confirm the sighting [of the crescent moon of Ramaḍaan]). وَإِنَ‮ ‬ارْتَـفَعَ‮ ‬النَّهَـرُ (If the day passes) وَلمْ‮ ‬تظْهَـرْ‮ ‬رُؤْيَـةٌ‮ ‬ (and a sighting is not clear), أَفْـطَرُ‮ ‬النَّاسُ‮ ‬(the people must eat).

وَلاَ‮ ‬يُـفْطِرُ‮ ‬مَـنْ‮ ‬ذَرَعَـهُ‮ ‬قَـيْءٌ (The person who vomits does not break his fast), إِلاَّ‮ ‬أَنْ‮ ‬يُـعَالِـجَ‮ ‬خُـرُوجَـهُ‮ ‬ (unless he caused himself to regurgitate). فَعَلَيْهِ‮ ‬الْقَضَاءُ  (In that case, he must make up the fasting day). وَلاَ‮ ‬يُـفْطِرُ‮ ‬مَـنِ‮ ‬احْـتَلَمَ (The one who emits seminal fluid while dreaming doesn’t break his  fast) وَلاَ‮ ‬مَنِ‮ ‬احْتَجَمَ (nor does the one who is cupping break his fast), وَتُـكْرَهُ‮ ‬الْـحِجَامَـةُ‮ ‬لِلْمَرِيضِ‮ ‬خِـيفَة التَّغْرِيرِ (but cupping is disliked for a sick person who fears exhaustion / feeling faint).

وَمِـنْ‮ ‬شُـرُوطِ‮ ‬صِـحَّةِ‮ ‬الصَّوْمِ (Among the conditions of a sound fast is) النِّيَّةُ‮ ‬السَّابِـقَةُ‮ ‬لِـلْفَجِـرِ (the intention to fast which is made before dawn), سوَاءُ‮ ‬كَـانَ‮ ‬فَـرْضًـا (whether the fast is an obligatory) أَوْ‮ ‬نَـفْلاً (or a non-obligatory one which is being performed for additional reward from Allah). وَالنِّيَّةُ‮ ‬الْـوَاحِـدَة كَـافِـيَةٌ (One statement of intention is sufficient for [the entire] fasting period]). يَـجب تَـتَابُـعْهُ (The fast must be done immediately after the statement), كَـصِيَامِ‮ ‬رَمَـضَانَ (like the fast of Ramaḍaan), وَصِـيَامِ‮ ‬كَـفَّارَةِ‮ ‬الظِّهَارَةِ‮ ‬ (the fast of reparation for ḍhihārah) وَالْـقَتْلِ (killing someone by mistake), وَالنَّذْرِ‮ ‬الَّذِي‮ ‬أَوْجَـبَهُ‮ ‬الْـمُكَلَّفُ (and the vow that al-mukallaf who swears an oath which he  makes binding) عَـلَى نَـفْسِهِ (upon himself).  فَـأَمَّا الصِِّـيَامُ‮ ‬الـمَسْـرُودُِ (as for the [voluntary] fast that is done for a consecutive number of days),‮  ‬وَالْـيَوْمُ‮ ‬الْـمُعَيِّنُ (the [fast done on a] fixed  day), لاَ‮ ‬بُـدَّ‮ ‬مِنَ‮ ‬التبْيِيتِ‮ ‬فِِـيهِ‮ ‬كُلَّ‮ ‬اللَّيْلَةٍ (undoubtedly, the niyyah is made for it nightly / every night.)

وَمِـنْ‮ ‬شُـرُوطِ‮ ‬صِـحَّةِ‮ ‬الصَّوْمِ (Among the conditions of a sound fast is) النَّقَاءُ‮ ‬مِـنْ‮ ‬دَمُ‮ ‬الْـحَيْضِ‮ ‬وَالنِّفاسِ (purity from the  blood of menstruation and the blood after childbirth). فَـإنَ‮ ‬انْـقَطَعَ‮ ‬دَمُ‮ ‬الْـحَيْضِ‮ ‬وَالنِّفاسِ (If the  blood of menstruation and the blood after childbirth stops flowing)‮ ‬قَـبْلَ‮ ‬الْفَجْـرِ (before dawn), وَلَـوْ‮ ‬بِلَحْـظَةِ (at that moment), وَجَـبَ‮ ‬عَـلَيْهَا صَـومُ‮ ‬ذَالكَ‮ ‬الْيَوْمِ (the fast of that day becomes incumbent upon the woman),وَلَـوْ‮ ‬لَـمْ‮ ‬تَغْتَسِـل (even if she did not bath) إلاَّ‮ ‬بَـعَدَ‮ ‬الْفَجْـرِ (until after fajr). وَتُــعَادُ‮ ‬النِّيَّةُ (The intention [to fast] should be repeated)  إِذَا انْـقَطَعَ‮ ‬التَّتَابِـعُ‮ ‬بِـ‮ ‬(when the following comes to an end): الْـمَرضِ‮ ‬وَالْـحَيْضِ‮ ‬وَالنَّفَاسِ‮ ‬وَشِـبْهِ‮ ‬ذَالِـكَ (sickness, menstruation, and parturition, and what is similar to these).

وَمِـنْ‮ ‬شُـرُوطِ‮ ‬صِـحَّةِ‮ ‬الصَّوْمِ (The other conditions of a sound fast that are): والْـعَقْلُ (full intellectual consciousness). فَـمَنْ‮ ‬لاَ‮ ‬عَـقْلَ‮ ‬لَـهُ (As for those who doe not have full intellectual consciousness), كَـالْـمَجْنُونِ (like the insane person) وَالْـمُغْمَى عَـلَيْهِ (and the person who is unconscious), لاَيَـصِحُّ‮ ‬مِِـنْهُ‮ ‬الصَّوْمُ‮ ‬فِـي‮ ‬تِـلْكَ‮ ‬الْـحَالَـةِ (fasting is not sound for them in that condition), وَيَـجِبُ‮ ‬عَـلَى الْـمَجْنُونِ‮ ‬إِذَا عَـادَ‮ ‬إِلَـيهِ‮ ‬عَـقْلُهُ‮ ‬ (It is requisite, for the insane person who regains his full intellectual consciousness) وَلَـوْ‮ ‬بَـعْدَ‮ ‬سَـنِيينَ‮ ‬كَـثِيرَةٍ (even if it is after a many of years) أَنْ‮ ‬يَـقْضِي‮ ‬ (to complete) مَـا فَـاتَـهُ‮ ‬مِنَ‮ ‬الصَّوْمِ (the fasting that he didn’t do) فِي‮ ‬حَالِ‮ ‬جُنُونِهِ (while he was in his state of insanity), وَمِـثْلُهُ‮ ‬الْـمُغٌمَى عَلَيْهِ (and it is the same for the unconscious person) إذَا أَفَاقَ (when he regains his consciousness).

وَمِـنْ‮ ‬شُـرُوطِ‮ ‬صِـحَّةِ‮ ‬الصَّوْمِ (The other conditions of a sound fast that are): تَـرْكُ‮ ‬الْـجِـمَاعِ‮ ‬ (to refrain from sexual intercourse), وَالأَكْـلِ‮ ‬(eating) وَالشَّرْبِ (and drinking). فَـمَنْ‮ ‬فَـعَلَ (The one who does) فِـي‮ ‬النَّهَارِ‮ ‬رَمَـضَانَ‮ ‬شَـيْئًا مِـنْ‮ ‬ذَالِـكَ (any of these things during the day during Ramaḍaan) مُتَعَمَّدًا (intentionally), مِـنْ‮ ‬غَـيْرِ‮ ‬تَـأْوِيلٍ‮ ‬قَرِيبٍ (and it is not from his own understanding (interpretation) وَلاَ جَهْـلٍ (nor out of ignorance), فَـعَلَيْهِ‮ ‬الْـقضَاءُ‮ ‬ (then he must make up the fast day) وَالْـكَفَّارَةُ (and do reparation for it). الْـكَفَّارَةُ‮ ‬فِـي‮ ‬ذَالِـكَ‮ ‬كُـلِّهِ (The reparation required for each of these cases) إِطْـعَامُ‮ ‬سِـتِّيـنَ‮ ‬مِـسْكِيـنًا‮ ‬ (is the feeding of sixty destitute people) مُـدًّا لِـكُلِّ‮ ‬مِـسْكِيـنٍ‮ ‬(with one mudd for each destitute person) بِـمُدِّ‮ ‬النَّبِيِّ (using the mudd of the Prophet), صَـلَّى اللَّهف عَـلَيْهِ‮ ‬وَ‮ ‬سلَّمَ‮ ‬(may Allah bless him and grant him peace). وَهُـوَ‮ ‬أَفْـضَلُ (It is what is most preferred). وَلَـهُ‮ ‬أَنْ‮ ‬يُـكَفَّرَ (The person who must do reparations can also do it) بِـعِتْقِ‮ ‬رُقْـبَةٍ‮ ‬مُـؤْمِـنَةٍ (by freeing a believing slave) أَوْ‮ ‬بِـصِيَامِ‮ ‬شَـعرَيْـنِ‮ ‬مُـتَتَابِـعَيْـنِ (or by fasting two consecutive months).

مَـا وَصَـلَ‮ ‬مِـنْ‮ ‬غَـيْرِ‮ ‬الْـفَمِ‮ ‬إِلَى الْـحَلْقِ (As for what arrives in the throat through a place other the mouth), مِـنْ‮ ‬أُذُنٍ (like the ear) أَوْ‮ ‬أَنْـفٍ (or the nose) أَوْ‮ ‬نَـحْوَ‮ ‬ذَالِـكَ (or what is similar), وَلَـوْ‮ ‬كَـانَ‮ ‬بَـخُورًا (even if it is incense), فَـعَلَيْهِ‮ ‬الْـقَضَاءُ (the person fasting only has to make up the fast). وَمِـثْلُهُ‮ ‬الْـبَلْغَمُ‮ ‬ (It is the same with regards to phlegm) الْـمُمْكِنُ‮ ‬طَـرْحُـهُ (which he can spit out), وَالْـغَالِـبُ (and what went down the throat beyond control)  مِـنَ‮ ‬الْــمَـضْمَضَةِ (from rinsing the mouth with water), وَالسِّواكِ (and the siwaak), وَكُـلُّ‮ ‬مَـا وَصَـلَ‮ ‬إِلَى الْـمَعِدَة‮ ‬ (everything that goes into the stomach), وَلَـوْ‮ ‬بِـالْـحُقْنَةِ‮ ‬الْـمَائِـعَةِ (even if by colonic iirigation), وَكَـذَا مَـنْ‮ ‬أَكَـلَ‮ ‬ (and similarly, the one who ate) بَـعَدَ‮ ‬شَـكِّهِ‮ ‬فِي‮ ‬الْفَجْرِ (after having doubted that the dawn had come in), لَـيْسَ‮ ‬عَـلَيّهِ‮ ‬فِـي‮ ‬جَـمِيعِ‮ ‬ذَالك (he is not required to do anything in regards to any of these previously mentioned things)‮ ‬إِلاَّ‮ ‬الْـقَضَاءُ (except the making up the fast day).  وَلاَ‮ ‬يَـلْزَمُـهُ‮ ‬الْـقَضَاءُ (He is not required to complete the fast however), فِـي‮ ‬غَـالِـبٍ‮ ‬مِـنْ‮ ‬ذُبَـابٍ‮ ‬(if he is overcome by flies {enter his throat]),‮ ‬أَوْ‮ ‬غُـبَارِ‮ ‬طَـرِيقٍ (dust of the road), أَوْ‮ ‬دَقِيقٍ (flour), أَوْ‮ ‬كَيْلِ‮ ‬جِبْسٍ (or plaster) لِصَانِعِهِ (used by his workman), وَلاَ‮ ‬فِي‮ ‬حُقْنَةٍ‮ ‬مِنْ‮ ‬إِحْلِيلٍ (or an injection of a lawful substance into the penis), وَلاَ‮ ‬فِي‮ ‬دُهْنِ‮ ‬جَـائِفةٍ (nor putting any substance in the stomach).

وَيَجُوزُ‮ ‬لِـلصِّيَامِ  is lawful in regards to the fast):1. السِّواكُ‮ ‬([the use of] Siwaak) فِـي‮ ‬جَمِيعِ‮ ‬النَّهَارِ (the entire day) 2. وَالْــمَـضْمَضَةُ (as well as rinsing the mouth with water) لِـلْعَطْشِ‮ ‬(because of thirst) 3. وَالإصْـبَاحُ‮ ‬بِـالْـجَنَابَـة (major impurity if it occurs). 4. وَالْـحَامِلَةُ‮ ‬ (If the pregnant woman) إِذَا خَـافَـتْ‮ ‬عَـلَى مَـا‮  ‬فِي‮ ‬بَـطَنِهَا‮ ‬(fears for what is in her stomach), أَفْطَرَتْ (she should break her fast). وَلَـمْ‮ ‬تُـطْعِمْ (and she does not have to feed anyone because if breaking her fast), وَقَـدْ‮ ‬قِـيلَ (It has also been said), تُـطْعِمُ (that she should feed people), وَالْـمُرْضِـعُ (and the nursing mother), إِذَا خَـافَـتْ‮ ‬عَـلَى وَلِـدِهَا (if she fears for her child), وَلَمْ‮ ‬تَـجِدْ‮ ‬مَـنْ‮ ‬تَسْـتَأْجِـرُهُ‮ ‬لَـهُ‮ ‬ (and she can’t hire a wet nurse for him) أَوْ‮ ‬يَـقْبَلُة (or the child doesn’t accept [being breast fed]) غَـيْرَهَـا (by anyone other than her), أَفْـطَرَتْ‮ ‬وَأَطْـعَمَتْ (she should break her fast and she must feed people). وَكَـذَالِـكَ‮ ‬الشَّيْخُ‮ ‬الْهَرِمُ (It is the same with the elderly person), يُـطْعِمُ‮ ‬إِذَا أَفْـطَرَ (it is recommended that he feed people, if he breaks his fast). وَمِـثْلُهُ‮ ‬مَـنْ‮ ‬فَـرَّطَ‮ ‬فِـي‮ ‬قَضَاءِ‮ ‬رَمَـضَانَ (and similar is someone who fails to make up missed days) حَـتَّى دَخَـلَ‮ ‬عَـلَيْهِ‮ ‬رَمَـضَانَ‮ ‬آخَرُ (until another Ramaḍaan comes). وَالإطْـعَامُ‮ ‬فِـي‮ ‬هَـاـذَا كُلِّهِ (The feeding in all of these cases) مُـدٌّ (is a mudd) عَـنْ‮ ‬كُـلِّ‮ ‬يَـوْمٍ‮ ‬يَـقْضِيهِ (each day that has to be completed).

وَيَستَحَبُّ‮ ‬لِـلصَّائِـمِ (It is highly recommended for the one fasting) كَـفُّ‮ ‬لِـسَانِـهِ (to guard his tongue), وَتُـعْجِيلُ‮ ‬قَـضَاءِ (to quickly complete), مَـا فِي‮ ‬ذِمَّتِهِ‮ ‬مِـنَ‮ ‬الصَّوْمِ (what he owes from the fast), and وَتَتَابُعُهُ (to do what’s owed in the correct order).

وَيَستَحَبُّ‮ ‬صَـوْمُ‮ ‬يَوْمِ‮ ‬عَرَفَةَ (Fasting is highly recommended on the Day of ʿArafat)لِـغَيْرِ‮ ‬الْـحَاجِّ (for those who are not performing the Ḥajj), وَعَـاشُـورَاءَ (alsoʿĀshūrā’), وَصَوْمُ‮ ‬عَشَـرِ‮ ‬ذِي‮ ‬الْـحِجَّةِ (the Fast of the 10 days of Dhū-l-Ḥijr), والْـمُحَـرَّمِ (al-Muḥarram), وَرَجَـبٍ (Rajab), وَشَـعْبَانَ (and Shaʿbān),  وَثَـلاَثَـةِ‮ ‬أَيَّامٍ‮ ‬مِنْ‮ ‬كُـلِّ‮ ‬شَهْرٍ‮ ‬(and three (3) days every month).

وَكَـرِهَ‮ ‬مَـالِـكَ‮ ‬‮ ‬(Mālik disapproved) أَنْ‮ ‬تَـكُونَ‮ ‬الْـبِيضَ‮ ‬لِـفِرَارِهِ (them [the fasting days] to be the “Bright  Days” )‮ ‬لِـفِرَارِهِ‮ ‬مِـنَ‮ ‬التَّحْـدِيدِ (in order for them [these fasting days] avoid the limiting of them).

وَكَـذَا كَـرِهَ‮ ‬صِـيَامَ‮ ‬سِـتَّةِ‮ ‬مِنْ‮ ‬شَـوَالِ (Similarly, he disliked fasting the 6 days of Shawaal) مُـحَافَـةَ‮ ‬أَنْ‮ ‬يُحلْحِقَهَا الْـجَاهِـلُ‮ ‬بِـرَمَـضَانَ (fearing that the ignorant person would join them with Ramaḍān).

وَيَـكْرَهُ‮ ‬ذَوْقُ‮ ‬الْـمِلِحِ‮ ‬لِلصَّائِمِ (Tasting salt is disliked for the person whose fasting). إِنْ‮ ‬فَعَلَ‮ ‬ذَالك (If he does that) وَمَـجَّهُ (and spits it out), وَلَمْ‮ ‬يَـصًلْ‮ ‬إِلَى حَـلْقِهِ‮ ‬مًـنْهُ‮ ‬شَـيْءٌ (and none of it goes down his throat), فَلاَ‮ ‬شَىْءَ‮ ‬عَلَيْهِ (he is not required to do anything).

وَمُـقدِّمَـاتُ‮ ‬الْـجِـمَاعَـةِ‮ ‬مَـكرُوهَـةٌ (Sexual foreplay is disliked) لِلصَّائِمِ (for the person who is fasting), كَـالْـقُبْلَةِ (for example: kissing), وَالْـجَسَّةِ (touching), ‮ ‬النَّظَرِ‮ ‬مُسْـتَدَامِ (continuous gazing [with lust]), وَالْـمُلاَعَـبَةِ (and playing around) إنْ‮ ‬عُلِمًتِ‮  ‬السّلْاَمَةُ‮ ‬مِنْ‮ ‬ذَالك (when it is know how to prevent it), ‮ ‬إلاَّ‮ ‬حُـرِمَ‮ ‬عَـلَيْهِ‮ ‬ذَالك‮ ‬(unless the foreplay is unlawful for him), وَلَـكِنَّهُ‮ ‬إِنْ‮ ‬إِمْـذَى (but if he emits prostatic fluid) مِـنْ ذَالك (as result of it), فَـعَلَيْهِ‮ ‬الْـقَضاءُ‮ ‬فَـقَطْ (he only has to make up that fast day),   وَإنْ‮ ‬إِمْـنَى (but if he emits sperm), فَـعَلَيْهِ‮ ‬الْـقَضاءُ (then he must make up the fast day) وَالْكَفَّارَةُ (and do reparations as well).

قِيَامُ‮ ‬وَمَضانَ (Standing during Ramadān) مُسْـتَحَابٌ (is highly recommended). قَالَ‮ ‬رَسُولُ‮ ‬اللهِ (The Messenger of Allah صَـلَّي‮ ‬اللهُ‮ ‬عَـلَيْهِ‮ ‬وَسَـلَّمَ said), مَـنْ‮ ‬قَـامَ‮ ‬رَمَـضَانَ‮ ‬ (“Whoever stands in Ramaḍān) إِمَانًا (with belief) وَإِحْـتِسَابًا (with anticipation of his reward from Allah) غُفِرَ‮ ‬لَهُ‮ ‬مَا تَقَدَّمَ‮ ‬مِنْ‮ ‬ذَنْـبهِ (will have his prior sins forgiven).” ويَسْـتََبُّ‮ ‬الاَنْـفِرادُ‮ ‬بِهِ (It is recommended do it alone [at home]), إِنْ‮ ‬لَـمْ‮ ‬تُـعَطَّلْ  (if does not lead to the masjids being empty). وَاللهُ‮ ‬أَعْـلَمُ (Allah is the best Knower).

AlMaliki22’s Channel: Course: Matn Al Ashmaawiyyah Taught in English by Ustadh Abdush Shakur Brooks

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From the History of the Mālikīs – 2 How the Mālikī School of Law Spread

From the History of the Mālikīs 

2 How the Mālikī School of Law Spread

Part One: The Initial Spread of the Mālikī Jurisprudence 

As we previously said, Imam Mālik was in Madinah. The significance of Madinah is that it is the city in which the Diin was first established, and Imam Mālik never left the city. He received his knowledge by direct transmission from hundreds of scholars, who themselves had received an unbroken and direct line of transmission from the Prophet صلّى الله عليه وسلّم‮.‬. In addition, the people of Madinah practiced the ʿamal, which was a prophetic behavior that was part of their the normal daily life.

As a result, Imam Mālik recognized that what was normal daily life in Madinah was also the most correct way of life for the entire Ummah. He therefore placed upon himself the duty of recording and codifying this Madani way life, so that it would be a model for the entire Ummah.

To Imam Malik, the ʿamal ahlu-l-Madinah was an accurate representation of what had been passed down from the Sunnah of the Prophet صلّى الله عليه وسلّم; passed down from father to son by way of the first three outstanding generations whom the Prophet صلّى الله عليه وسلّم held in high esteem. As Rabīʿah said  “A thousand from a thousand”, that is to say, thousands of great-grandfathers passed the ʿamal to  thousands of sons, who in turned passed it on to a thousand of grandsons, up until the time of Imam Mālik.

In Madinah, during the time of the Imam Mālik, a man could be called upon to report about or demonstrate behavior that had come directly to them from the time when The Prophet صلّى الله عليه وسلّم and the first three generations were alive in the city. This was the main thing that attracted so many of Imam Mālik’s student to come and study with him. It was Imam Mālik’s proximity to the source of the Sunnah that these students found most attractive.

No other city had such proximity to the Sunnah. After all, wasn’t Madinah the city to which The Prophet صلّى الله عليه وسلّم emigrated and established the Sunnah? Wasn’t it where he returned to live out the rest of his life after the conquest of Mecca and in turn was also buried there? No other city in the Ummah had such proximity to the legacy of the Prophet Muhammad صلّى الله عليه وسلّم as did Madinah al Munawwarah.

The students of Imam Mālik came from Egypt, North Africa, Spain, and Iraq.  Because of the the high regard throughout the Ummah for Imam Mālik’s scholarship, he drew  large numbers of students from these places, who in turn became highly respected scholars in those regions from which they came.

Imam Mālik’s book al Muwaṭṭa became a standard read, and as a result, it was widely circulated throughout the Ummah. His students, many of whom who became “little Mālik’s” were prolific writers. They also produced many volumes about Mālikī law. The most famous among these texts of law was the Mudawwanah of ʿAbdus Salaam at-Tanūkhī, more famously known as Ṣahnūn. He was the student of the student of Imam Mālik, Ibn al Qāṣim.

Among the more famous students who sat under the direct tutelage of Imam Mālik, and who aided in the broad spread of Mālikī jurisprudence was the Egyptians: ʿAbdullah ibn Wahb and ʿAbdur Rahmān ibn al-Qāṣim al-ʿUtqī, the Tunisians: Al Bahlul ibn Rashīd, ʿAbdullah Ibn Farrukh, Asad Ibn Al Furat who wrote the first Mudawwanah, and the Andulusian: Yaḥyā ibn Yaḥyā al Layth. These were the scholar’s who themselves produced scholars that spread the Mālikī school far and wide.

How to Perform Wuduu’ for Prayer: A Step by Step Chart for Children and New Muslims

How to Perform Wuduu’ for Prayer: A Step by Step Chart for Children and New Muslims

Clicking on the picture below twice (2 times) in order to enlarge its view:

After you clean your body and your clothes, you should prepare to perform wudū’ by filling a water container (i.e. small bucket or kettle) with clean water that is suitable for performing wudū’, then assume a sitting position, placing the water container in front of you and slightly to the right; then make your intention to perform wudu’, and thereafter say: Bis-mil-laah. Then perform the following sequential acts of wudu’:

1.  Wash your hands up to the wrist three times, then

2. rinse your mouth with water swishing the water in mouth and spitting it out three times, then

3. wash the inside of the noses by inhaling water and then exhaling it three times, then

4. wash the entire face three times, then

5. wash your right hands up to the elbow three times while combing through the fingers of the right hand with the fingers of the left hand, then

6. wash your left hand up to the elbow three times while combing through the fingers of the left hand with the fingers of the right hand , then

7. wipe over the head with wet hands from the front of the head to the nape of the neck and back to the front once (wet the hands for this wiping by putting water on them from the water container and then shaking off any excess water), then

8. wipe the inside of the ears along their folds and creases with wet index fingers and then wipe the outside of the ears with wet thumbs, starting from the bottom of the ears moving towards and ending at the top (wet the fingers for this wiping by putting water on them from the water container and then shaking off any excess water), then

9. wash the right foot to the ankle three times while combing through the toes of the right foot using the fingers of the hand, then

10.  wash the left foot to the ankle while combing through the toes of the left foot using the fingers of the hand  three times,l

Upon completion of wudu’ you should say: Ash-hadu an laa ilaaha illal laahu waḥ-dahu laa shariika lahu wa ash-hadu anna Muḥammadan ʿabduhu wa rasuuluhu. Allahumaj alnii minat-tawaabiina Allahumaj alnii minal muta-ṭah-hi-riina.


I bear witness that there is no god but Allah Who is Alone without any partner for Him, and I bear witness that Muhammad is His slave and messenger. Oh Allah! place me among those who repent and place me among those who purify themselves.

AlMaliki22’s Channel – YouTube

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التَّيَمُّمُ at-Tayammum (Dry ablution) from Matn al ʿIzziyyah

التَّيَمُّمُ at-Tayammum (Dry ablution) from Matn al ʿIzziyyah

التَّيَمُّمُ (Dry ablution) طَهَارَةٌ تُرابِيَّةٌ (is purification with earth). تَشْتَمِلُ عَلَى (It consists of)  مَسْحِ الْـوَجْهِ (wiping the face) وَالْـيَدَيْنِ (and the hands). وَسَـبَبُهُ (The reason for this),  فَقَدُ الْـمَاءِ حَـقِيقَةَ (is the failure to actually find water)  أَوْ مَـا هُـوَ فِـي حُـكْمِهِ (or the water has a ruling in regards to its use), مِثْلُ أَنْ يَكُونَ  مَعَهُ مِنَ الْـمَاءِ مَا لاَ يَكْفِيهِ (for example: the water isn’t enough) أَوْ مَاءٌ يُخَافُ بِـاسْـتِعْمَالِـهِ فَـوَاتَ نَـفْسِهِ (or it’s water, about which there is feared that its usability has passed),أَوْ  فَـوَاتَ مَـنْفَعَتٍ (or its usefulness has passed), أَوْ زِيَـادَةَ مَـرْضٍ (or it may increase an illness),  أَوْ تَأَخُّرَ بُرْءٍ (or delay recovery) أَوْ حَـدُوث مَـرضٍ (or can cause of illness).

يُـبَاحُ التَيَمُّمُ (Dry ablution is recommended)  مِـنَ الْـحَـدَثِ الأَصْـغَرِ وَلأَكْـبَرِ (for both small and large impurity) إِذَا وُجِدَ سَـبَبَهُ (when the reason for performing it is)  لِـلْمَرِيضِ (that the worshipper is  sick) وَالْـمُسَافِرِ (or he is traveling).  لِـكُلِّ صَـلاَةٍ  ([it can be performed] for every prayer).  وَلِـلصَّحيحِ الْـحَاضِـرِ ([It is also recommended] for the healthy person who is not traveling)  لِـصَلاَةِ الْـجَنَازَةِ ([who is] attending the funeral prayer),  إِذَا تَـعَيْـنَتْ (if it is incumbent upon him). وَلِـفَرْضِ (Iit is recommended] for obligatory prayers)  غََـيْرِ الْـجُـمُعَةِ (other than Jumuʿah prayer), بِشَـرْطِ (on the condition) أَنْ يَخْشَـى (that it is feared) فَـوَاتِ الْوَقتِ (that the time will pass) بِاسْتِعْمَالِ الْـمَاءِ (before water can be used). وَلاَيُعِيدُ (These prayers are not redone).  بِـخِلاَفَةِ الْـجَنَازَةِ (The exception, [where in tayammum may not be performed] is the funeral prayer)   إِذَا لَـمْ تَـتَعَيَّنْ (if it is not incumbent upon the person)  وَ فَـرْضِ الْـجُـمُعَةِ (and the obligatory Friday prayer)  وَلَـوْ خَشِـيَ فَـوَاتَـهُ (even if he fears the time for it will pass), وَسَـائِـرِ النَّوَافِـلِ (and the rest of supererogatory prayers)  سُـنَنِهَا (including those that are sunnah) وَمُسْـتَحَبَّاتِـهَا (and the ones that are meritorious).

وَيىَبْطَلُ التَّيَمَّمُ (Dry ablution becomes nullified)  بِـمَا يَبْطُلُ بِهِ الْوُضُوءُ (by the same things that nullify wuduu’),  وَبِـوُجُـودِ الْـمَاءِ (as well as the discovery of water)  قَـبْلَ الصَّلاَةِ (before the prayer), إِلاَّ أَنْ يَخْشَى فَوَاتِ الْوَقْتِ (unless the worshipper fears the time will pass) بِاسْتِعْمَالِهِ (by waiting to use water).

وإِذَا رَأَى الْـمَاءَ (If he sees water) وَهُوَ فِي الصَّلاَةِ (while he is praying), لَمْ تَبطُلْ صَلاَتِهِ (his prayer does not become nullified).

وَيَـتَيَمَّمُ بِـالصَّعِيدِ الطَّيِّبِ (The worshipper should perform dry ablution with pure earth). وَهُـوَ التَّرَابُ (It could be soil), وَالْـحَجَرُُ (stone) وَالرَّمْلُ (or sand)  وَجَمِيع أجْـزَاءِ الأَرْضِ (and all types of  natural earthly material)  مَــا دَامَـتْ عَـلَى هَـيْئَتَهَا لَمْ تُـغَيِّرْهَـا (as long as its condition has not been changed) صَـنْعَةُ آدَمِـيٍّ (by human fabrication) بِـطَبْخٍ (through [the process of] baking) وَنَـحْوِهِ (and what is similar). وَالتَّرَابُ أَفْضَلُ مِنْ غَيْرِهِ (Soil is better than the other things mentioned).

وَلاَيَتَيَمَّمُ (A worshipper should not perform dry ablution) عَلَى شَيْءٍ  نَـفِيسٍ (on precious things)  كَالْـذَهْـبِ وَالْـفِضَّةِ (like gold or silver) وَلاَ عَـلَى لِـبْدٍ  (nor on wool)  وَلاَ عَـلَى بِسَاطٍ (or carpets) وَلاَحَـصِيرٍ (or on mats) وَإِنْ كَـانَ فِـيهَا غُـبَارٌ (even if dust is on them).

وَيَـجُوزُ لِـلْمَرِيضِ (It is permissible for the sick person) إِذَا لَمْ نَـجِدْ (who can’t find) مَنْ يُنَاوِلُهُ تُرَابًا (someone to bring him earth) أَنْ يَـتَيَمَّمَ (to perform dry ablution) بِـالْـجِـدَارِ (on a wall)  الْـمَبْنِيِّ بِـطُوبِ النِّيءِ (which has been constructed from unbaked brick) أَوْ بِـالْـحِجَارَةِ (or stone) إِذَا كَانَتْ غَـيْرَ مَسْـتُورَةٍ (if it is not covered)  بِالْـجِيرِ (lime).

وَمَـنْ تَـيَمَّمَ (Whoever performs dry ablution)  عَـلى مَـوْضِـعِ نَـجَسٍ (on an unclean place) وَلَـمْ يَـعْلَمْ بِـنَجَاسَـتِهِ (while not knowing about its uncleanliness), أَعَادَ فِـي الْـوَقْـتِ (should repeat the [dry ablution] within the designated time [for the prayer]).

وَلاَ يُكْرَهُ التَّيَمَّمُ (Dry ablution is not disliked)  بِتُرَابٍ تُيُمَّمَ بِهِ (with earth that has been used to perform dry ablution) مَرَّةً أُخْرَى (more than once).

وَلاَ يَصِحُّ التَّيَمَّمُ (It is not sound to perform dry ablution) قَبْلَ دَخُولِ الْوَقْتِ  (before the time [of the specific prayer] comes in).

وَصِفَتُهُ (The characteristics of dry ablution are):  أَنْ يَنْوِيَ اسْتِبَاحَةَ الصَّلاَةِ (to intend to make the performance of prayer permissible)   وَيَـنْوِيَ مِـنَ الْـحَـدَثِ الأَكْـبَرِ (and to intend [to make prayer permissible] under the condition of major impurity),  إِنْ كَـانَ مُحْدِثًا حَدَثًا  أَكْبَرَ (when the impurity is major). ثُـمَّ يَـقُولُ (Then the worshipper says:) بِـسْمِ اللَّهِ (In the Name of Allah) وَيَسْـتَعْمِلُ الصَّعِيدَ (using pure earth).  يَـضْرِبُ عَـلَيهَا (He pats on it) بِـيَدَيْـهِ جَـمِيعًا (with both hands) ضَرْبَةً وَاحِدَةً (with one patting).  وإِنْ تَـعَلَّقَ بِـهِمَا شَـيْءٌ (If anything sticks to them [the hands]) (he should dust them)  نَـفْضًا خَـفِيفًا ( lightly),  وَيَـمْسَحُ بِـهَا وَجْـهَهُ (Then he wipes his face) ولِـحيَتَهُ (and beard). يَبْدَأُ مِنْ أَعْلاَهُ (He should start from the top [of the face]) إِلَـى أَنْ يَسْـتَوْفِيَهُ (until [he wipes over] it completely).  ثُمَّ يَضْرِبُ (Then the worshipper should pat [the the soil]) الأُخْرَى (another time) لِيَدَيْهِ (with his hands), ثُمَّ يَـمْسَحُ (then he should wipe) ظَاهِرَ يَدِهِ الْيُمْنَى (the outside of the right hand) بِيَدِهِ الْيُسْرَى (with his left hand) حَتََّى يَنْتَهِي إِلَى الْـمَرْفَقِ (until he finishes at the elbow)  ثُمَّ يَـمْسَحُ (then he wipes)  بَاطِنَهَا (over the inside of it [the of the right arm])  إِلى آخِرَ الأَصَـابِـعِ (to the tips of the fingers).  ثُمَّ يَـمْسَحُ (Then he should wipe) ظَاهِرَ الْيُسْـرَى (the outside of the left hand)  بِـيَدِهِ الْـيُمْنَى (with his right hand)  إِلَـى الْـمَرْفَقِ (to the elbow)  ثُـمَّ يَـمْسَحُ (Then he should wipe)  بَـاطِـنَهَا (over the inside of it [the of the left arm])  إِلى آخِرَ الأَصَابِعِ (to the tips of the fingers)  ويَجِبُ تَخْلِيلُ الأَصَابِعِ (and comb through the fingers is a necessity) وَنَـزْعُ الْـخَاتِـمِ (and [so is] removing the ring).  فَـإنْ لَـم يَـنْزِعْهُ (Not removing it)  لَـمْ يَجْزِهِ (is not permissible).

وَالضَّرْبَةُ الثَّانِيَّةُ (The second patting of the earth) سُنَّةٌ (is a prophetic practice)  وَكَدَا الـْمَسْحُ (and so is wiping) إلَـى الْـمَرْفَـقَيْـنِ (to the elbows).

[If the worshipper decides to]  وَلَوِ اقْـتَصَرَ عَـلَى ضَـرْبَـةٍ وَاحِـدَةٍ (limits [his dry ablution] to one patting of the earth)  لِـلْوَجْـهِ وَالْـيَدَينِ (for the face and the hands), أَجْـزَأَهُ (it’s permissible),  وَلَوِ اقْتَصَرَ (but if he limits it) فِي مَسْحِ يَدَيْهِ ( to wiping his hands) عَـلَى الْـكَوْعَينِ (up to his wrist) وَصَـلَّى (and prays), أَعَادَ فِي الْوَقْتِ (he should repeat [the dry ablution] within the time [of the specific prayer]).

فصْلٌ (Section)

إِذَا كَـانَ (If there is) فِي أَعْضَاءِ الْوُضُوءِ  (on one of the limbs which require wuduu’)  أَو غَيْرِهَا (or any other limb) جُرْحٌ (a wound), وَخَـافَ مِـنْ غَسْـلِِهِ (and the worshipper fears that washing it)  بِـالْـمَاءِ  (with water ) فَـوَاتَ نَـفْسِهِ (will cause his passing [death]) أَوْ مَـنْفَعَةٍ (or incapacity) أَوْ زِيَادَةَ مَرْضٍ (or an increase in sickness) أَؤ تَـأَخُّرَ بُرْءٍ (or delay recovery) أَؤْ حُدُوثُ مَرْضٍ (or the occurrence of sickness)  فَـإِنَّّـهُ يَـمْسَحُ عَـلَيْهِ (then the worshipper should wipe over it). فَـإِنْ لَـمْ يَسْتَطِعِ الْـمَسْحَ عَـلَيْهِ (If he is not able to wipe over it), مَسَحَ عَلَى الْـجَبِيرَةِ  (then he should wipe over the dressing)  وَهِـيَ الدَّوَاءُ (which is the medical treatment and dressing)  الَّذِي يَـجْعَلُ عَـلَيْهِ (which he placed it  [on a wound]). فَإِنْ لَـمْ يَسْـتَطِعِ الْـمَسْحَ عَـلَيْهَا  (If he is not able to wipe over that), مَسَحَ عَـلَى الْـعِصَابَةِ (then he should wipe over the bandage) وَلَوْ عَلَى الزَّائِدِ غَيْرِ الْـمُقَابِلِ (even if it is bigger than the size)  لِلْجَـرْحِ (of the wound)  كَـفَصْدِ (it is similar in regards to a surgically opened or punctured vein) وَعِـمَامَـةٍ  (and a turban) خِيفَ بِنَزْعِهَا (when its removal is feared). وَيُشْـتَرطُ (There is a condition) فِي الْـمَسْحِ الْـمَذْكُـورِ (in regards to the wiping that has been mentioned)  أنْ يَـكُونَ جُـلُّّ جَسَـدِهِ  صَـحًيحًًا (that whether the majority of the body is uninjured) أَوْ جَرِيحًا (or wounded), وَلاَ يَـتَضَرَّرُ (it [the wounded are] should not be harmed)  إِذَا غَسْـلَ الصَّحِيحَ (by washing the uninjured area), فَـإِنْ كَـانَ يَـتَضَرَّرُ بِغَسْلِ الصَّحِيحِ (and if it is harmed by washing it [the uninjured area]) أَوْ كَانَ الصَّحِيحُ قَلِيلًا جِدًّا (or the uninjured area is very small) كَـانَ لَـمْ يَـبْقَ إِلاَّ يَـدٌ أَوْ رِجْـلٌ (to the extent that only a hand or leg remained [uninjured]),  فَإِنَّهُ لاَ يَغْسِلُ الصَّحِيحَ (then the worshipper should not wash the sound area)  وَلاَ يَـمْسَحُ عَلَى الْـجَرِيحِ (nor should he wipe over the wounded area),  بَـلْ يَـنْتَقِلُ  (but rather he should resort) إِلَى التَّيَمُّمِ (to dry ablution).  وَإِذَا تَعَذَّرَ مَسْحُ الْـجَـرِيحِ (If wiping over the wound is impractical),  بِـحََيْثِ لاَ يُـمْكِنُ  (because it is not possible) وَضْعُ شَيْءٍ  عَلَيّهِ (to put any thing on the wound)  وَلاَ مُلاَقَاتَهُ (and it should not come in contact)  بِالْـمَاءِ (with water) فَإِنْ كَـانَ فِي مَوْضِـعِ التَّيَمُّمِ (and if in the area where dry ablution [would be performed]) وَلاَ يُـمْكِنُ أَيْـضًا (its also not possible)  بِـالتُّرَابِ (to used soil), تَـرَكَـهُ (the worshipper should leave it [the wound]) بِـلاَ مَـسْحٍ (without wiping) وَلا غَسْـلٍ  (or washing [it]).  وَغَسَـلَ مَـا سِـوَاهُ (He should wash what similar to it) وَإِنْ لَـمْ يَـكُنْ فِـي أَعْـضَاءِ التَّيَمُّمِ (if it is not one of limbs on which  dry ablution [would be performed]), فَـإِنَّهُ لاَ يَغْسِـلُ الصَّحِيحَ (then he should not wash the uninjured area) وَيَتَيَمَّمُ عَلَى الْـجَرِيحِ (and he should perform dry ablution on the wound) عَـلَى أَحَـدِ الأَقْـوَالِ الأَرْبَـعَةِ (according to one of four opinions),  وَإِذَا مَسَحَ عَلَى الْـجَبِيرَةِ (and if he wipes over the dressing)  ثُمَّ نَزَعَهَا لِدَوَاءٍ (and then removes it for [the application of ] medicine)  أَوْ غَـيْرِهِ (or something else), أَوْ سَـقَطَتْ (or falls off) بِـنَفْسِهَا (by itself) بَـطَلَ الْـمَسْحُ عَـلَيْهَا (the wiping which was performed on it becomes nullified)  وَإِذَا رَدَّهَا (and if the worshipers replaces it [the dressing]), فَـلاَ بُـدَّ (undoubted) مِـنَ الْـمَسْحِ ثَـانِـيًا (the wiping [should be repeated] a second time).

13. فَصْلٌ فِي الْـمَسْحِ عَلَى الْـخُفَّيْـنِ (Wiping over the Leather Socks) from Matn al ʿIzziyah

14. الْـحَيْضُ (The Blood of Menstruation) and النَّفَاسُ (The Blood of Parturition [Childbirth]) from Matn al ʿIzziyah

Chapter 2 – Concerning الصَّلاةِ (Prayer) – Section:

  1. الصَّلاَةُ‮ ‬الْـمَفْرُوضةُ‮ ‬ (The Obligatory Prayers) from Matnu-l-ʿIzziyah

This is not the complete text, but rather, its a work in progress. In shaa’a-l-laah, there will be more sections add over time.  

Get full Arabic text by clicking on link: Arabic Text

 Explanation of Matn Al īzziyyah click link: Audio

مُقَدِّمَةُ الْكِتَابِ (The Introductory Chapter) from Matn al-Akhdarii

‏  ‬بسم اللهِ‏ الرحمن الرحيم‏   ‬‏  ‬

In the Name of Allah the Compassionate, the Merciful

وَصَلَّى اللهُ ‬عَلَى سََيِّدِنَا مُحَمَّدٍ‏ ‬وعَلَى آلِهِ‏ ‬وَصَحْبِهِ‏ ‬وَسَلَّمَ نَ

وَصَـلَّى اللهُ ‬عَـلَى سََـيِّدِنَـا (May Allah bless our master Muhammad) وعَلَى آلِـهِ‏ (and his family) ‬وَصَـحْبِهِ‏ (and his Companions) ‬وَسَـلَّمَ (and grant them peace).

الْـحَمْدُ‏ ‬اللهِ‏ِ‏ ‬رَبِّ‏ ‬الْعَالَـمِينَ‏ ‬وَالصَّلاَةُ‏ ‬وَالسَّلاَمُ‏ ‬عَلَى سَيِّدِناَ‏ ‬مُحَمَّدٍ‏ ‬خَاتِـمِ‏ ‬النَّبِيِّيِنَ‏ ‬وَإِمَامِ‏ ‬الـْمُرْسَلِي

الْـحَـمْدُ‏ ‬اللهِ‏ِ‏ (Praise belongs to Allah) رَبِّ‏ ‬الْعَالَـمِينَ‏  (Lord of all the worlds) وَالصَّلاَةُ‏ ‬وَالسَّلاَمُ‏ (and blessings and peace) عَلَى سَيِّدِناَ‏ ‬مُحَمَّدٍ (be upon our master Muhammad), خَـاتِـمِ‏ ‬النَّبِيِّيِنَ‏ (Seal of the Prophets) ‏ ‬وَإِمَـامِ‏ ‬الـْمُرْسَلِينَ(and Imām of the Messengers).

أَوَّلُ‏ ‬مَا‏ ‬يَجِبُ‏ ‬عَلَى الـْمَُكَلَّفِِ‏ ‬تُصْحِيحُ‏ ‬إِيـمَانِهِ‏ ‬ثُمَّ‏ ‬مَعْرِفَةُ‏ ‬مَا‏ ‬يُصْلِحُ‏ ‬بِهِ‏ ‬فَرْضَ‏ ‬عَيْنِهِ‏  ‬كَاَحْكَامِ‏ ‬الصَّلاَةِ‏ ‬وَالطَّهَارَةِ‏ ‬وَالصِّيَامِ‏ ‬وَيَجِبُ‏ ‬عَلَيهِ أنْ‏ ‬يُحَافِظَ عَلَى حُدُودِ‏ ‬اللهِ‏ِ‏ ‬وَيَقِفَ‏ ‬عِنْدَ‏ ‬أَمْرِهِ‏ ‬وَنَهْيِهِ‏ ‬وَيَتُوبُ‏ ‬إِلَى اللهِ‏ِ‏ ‬سُبْحَانَهُ‏ ‬قَبُلَ‏ ‬أَنْ‏ ‬يَسْخَطَ‏ ‬عَلَيْهِ

أَوَّلُ‏ ‬مَـا‏ ‬يَـجِبُ‏ (The first obligation) عَـلَى الـْـمَُكَلَّفِِ (placed upon the mature person who is obligated to observe the precepts of the Diin) تُـصْحِيحُ‏ ‬إِيـمَانِـهِ‏ (is to make his belief sound), ثُـمَّ‏ ‬مَـعْرِفَـةُ‏ ‬ (then he should acquire knowledge of the things) مَـا‏ ‬يُـصْلِحُ‏ ‬بِـهِ‏ ‬فَـرْضَ‏ ‬عَـيْنِهِ‏ (which make his individual religious duties valid) –  كَـاَحْـكَامِ‏ ‬الصَّلاَةِ‏ (like the rules of prayer), وَالطَّهَارَةِ‏ ‏ (purification) ‬وَالصِّيَامِ (and  fasting). وَيَـجِبُ‏ ‬عَـلَيهِ ‏ (It is incumbent upon him) أنْ‏ ‬يُحَافِظَ عَلَى حُدُودِ‏ ‬اللهِ‏ِ (to be mindful of the bounds [that Allah has placed upon man]), وَيَـقِفَ‏ ‬عِـنْدَ‏ ‬أَمْـرِهِ‏ ‬وَنَهْـيِهِ‏ (to remain within Allah’s commands and prohibitions), ‬وَيَتُوبُ‏ ‬إِلَى اللهِ‏ِ‏ ‬سُبْحَانَهُ‏ (and to turn to Allah in repentance), ‬قَـبُلَ‏ ‬أَنْ‏ ‬يَسْخَـطَ‏ ‬عَـلَيْهِ (before Allah becomes displeased with him).

وَشُرُوطُ‏ ‬التَّوْبَةِ‏ ‬النَّدَمُ‏ ‬عَلَى مَا فَاتَ‏ ‬وَالنِّيَّةُ‏ ‬أَلاَّ‏ ‬يَعُودُ‏ ‬إِلَى ذَنْبٍ‏ ‬فِيمَا بَقِيَ‏ ‬عَلَيْهِ‏ ‬مِنْ‏ ‬عُمُرِهِ‏  ‬وَأَنْ‏ ‬يَتْرُكَ‏ ‬الْـمَعْصِيَةَ‏ ‬فِي‏ ‬سَاعَتِهَا إنْ‏ ‬كَانَ‏ ‬مُتَلَبِّسًا بِهَا وَلاَ‏ ‬يَحِلُّ‏ ‬لَهُ‏ ‬أَنْ‏ ‬يُؤَخِّرَ‏ ‬التَّوْبَةَ‏ ‬وَلاَ‏ ‬يَقُولَ‏ ‬حَتَّى‏ ‬يَهْدِينِي‏ ‬اللهُ ‬فَإِنَّهُ‏ ‬مِنْ‏ ‬عَلاَمَةِ‏ ‬الشَّفَاءِ‏ ‬وَالْـخِذلاَنِ‏ ‬وَطَمْسِ‏ ‬الْبَصِيرَةِ‏ ‬

‏‬ وَشُرُوطُ‏ ‬التَّوْبَةِ‏(The conditions of repentance [which have been placed upon the slave of Allah]) النَّدَمُ‏ (are to have regret) عَـلَى مَـا فَـاتَ‏ (for what has already happened [in regards to his wrong actions]), وَالنِّيَّةُ‏ ‬أَلاَّ‏ ‬يَـعُودُ‏ ‬إِلَـى ذَنْـبٍ‏ (the intention not to return to sin)  ‬فِـيمَا بَـقِيَ‏ ‬عَـلَيْهِ‏ ‬مِـنْ‏ ‬عُـمُرِهِ‏ (for the remainder of his life), يَتْرُكَ‏ ‬الْـمَعْصِيَةَ‏ ‬فِي‏ ‬سَاعَتِهَا (and to cease and desist from sin immediately), إنْ‏ ‬كَانَ‏ ‬مُتَلَبِّسًا بِـهَا (if he is presently involved in it). وَلاَ‏ ‬يَحِلُّ‏ ‬لَهُ (It is unlawful for him) ‬أَنْ‏ ‬يُؤَخِّرَ‏ ‬التَّوْبَـةَ (to delay repentance). ‬وَلاَ‏ ‬يَـقُولَ (He should not say), ‬حَتَّى‏ ‬يَهْدِينِي‏ ‬اللهُ (“until Allah guides me”) ‬فَإِنَّهُ‏ ‬مِـنْ‏ ‬عَـلاَمَـةِ‏ ‬الشَّفَاءِ‏ (This [kind of statement] is a sign of wretchedness), وَالْـخِذلاَنِ‏ (abandonment) ‬وَطَمْسِ‏ ‬الْبَصِيرَةِ‏ (and a loss of spiritual vision).

وَيَجِبُ‏ ‬عَلَيْهِ‏ ‬حِفْظُ‏ ‬لِسَانِهِ‏ ‬مِنَ‏ ‬الَفَحْشَاءِ‏ ‬وَالْكَلاَمِ‏ ‬الْقَبِيحِ‏ ‬وَأَيْـمَانِ‏ ‬الطَّلاَقِ‏ ‬وَانْتِهًارِ‏ ‬الـْمُسْلِمِ‏ ‬وَإِهَايَتِهِ‏ ‬وَسَبِّهِ‏ ‬وَ‏تَخْوِيفِهِ‏ ‬فِي‏ ‬غَيْرِ‏ ‬حَقٍّ‏ ‬شَرْعِيٍّ‏ ‬

وَيَـجِبُ‏ ‬عَـلَيْهِ‏ (It is obligatory for him) حِـفْظُ‏ ‬لِـسَانِـهِ (to guard his tongue) وَالْـكَلاَمِ‏ ‬الْـقَبِيحِ (from foul and disgraceful speech), وَأَيْـمَانِ‏ ‬الطَّلاَقِ (pronouncement of divorce), ‬وَانْـتِهًارِ‏ ‬الـْمُسْـلِمِ‏ (and from  rebuffing a [fellow] Muslim), وَإِهَـايَـتِهِ‏ ‬وَسَـبِّهِ‏ ‬وَ‏تَـخْوِيفِهِ (and humiliating, insulting and intimidating him) فِي‏ ‬غَيْرِ‏ ‬حَقٍّ‏ ‬شَرْعِيٍّ‏ (without having a legitimate reason).

وَيَجِبُ‏ ‬عَلَيْهِ‏ ‬حِفْظُ‏ ‬بًصَرِهِ‏ ‬مِنَ‏ ‬النَّظَرِ‏ ‬إِلَى الْحَرَامِ‏ ‬وَلاَ‏ ‬يَحِلُّ‏ ‬لَهُ‏ ‬أَنْ يَنْظُرَ‏ ‬إِلَى مُسْلِمٍ‏ ‬بِنَظْرَةِ‏ ‬تُؤْذِيهِ‏ ‬إِلاَّ‏ ‬أَنْ‏ ‬يَكُونَ‏ ‬فَاسِقٍا فَيَجِبُ‏ ‬هِجْرَانُهُ

وَيَـجِبُ‏ ‬عَـلَيْهِ (He must)  حِـفْظُ‏ ‬بًـصَرِهِ‏ (guard his vision) مِـنَ‏ ‬النَّظَرِ‏ ‬إِلَـى الْـحَـرَامِ‏  (from looking at what is unlawful). وَلاَ‏ ‬يَحِـلُّ‏ ‬لَـهُ (It is unlawful for him)  ‬أَنْ يَـنْظُرَ‏ ‬إِلَى مُسْـلِمٍ‏ (to look at [another] Muslim) ‬بِـنَظْرَةِ‏ ‬تُـؤْذِيهِ‏  (with a harmful glance), إِلاَّ‏ ‬أَنْ‏ ‬يَـكُونَ‏ ‬فَاسِـقًا (unless that Muslim is a transgressor).  [In such case], فَيَجِبُ‏ ‬هِجْـرَانُـهُ (his disassociation from him would become obligatory).

يَجِبُ‏ ‬عَلَيْهِ‏ ‬حِفْظُ‏ ‬جَمِيعِ‏ ‬جَوَارِحِهِ‏ ‬مَا اسْتَطَاعَ‏ ‬وَأَنْ‏ ‬يُحِبُّ‏ ِللهِ ‏‬وَيَبْغَضَ‏ ‬لَهُ‏ ‬وَ‏ ‬يَرْضَى لَهُ‏ ‬وَ‏‬بَغْضَبَ‏ ‬لَهُ‏ ‬وَيَأْمَرَ‏ ‬بِالْـمَعْرُوفِ‏ ‬وَ‏يَنْهَى عَنَ‏ ‬الْمُنْكَرِ‏

  يَـجِبُ‏ ‬عَـلَيْهِ (He must)  حِـفْظُ‏ ‬جَـمِيعِ‏ ‬جَـوَارِحِـهِ‏ (guard all of his limbs [from performing haraam actions]), ‬مَـا اسْـتَطَاعَ‏ (as much as possible). وَأَنْ‏ ‬يُـحِبُّ‏ ِللهِ (He must love for the sake of Allah), ‏‬وَيَـبْغَضَ‏ ‬لَـهُ‏ (hate for His [Allah’s] sake), ‬وَ‏ ‬يَـرْضَـى لَـهُ‏ (be pleased for His sake) ‬وَ‏‬بَغْضَبَ‏ ‬لَهُ (and be angry for His sake). وَيَـأْمَـرَ‏ ‬بِـالْـمَعْرُوفِ (He is obligated to command good deeds) ‬وَ‏يَنْهَـى عَـنَ‏ ‬الْـمُنْكَرِ‏ (and to prohibit evil and reprehensible actions).

وَ‏‬يَحْرُمُ‏ ‬عَلَيْهِ‏ ‬الْكَذِبُ‏ ‬وَالْغِيبَةُ‏ ‬والنَّمِيمَةُ‏ ‬وَالْكِبْرُ‏ ‬وَالْعُجْبُ‏ ‬وَالرِّيَاءُ‏ ‬وَ‏‬السَّمْعَةُ‏ ‬وَالْحَسَدُ‏ ‬وَالْبَغْضُ‏ ‬وَرُؤْيَةُ‏ ‬الْفَضْلِ‏ ‬عَلَى الْغَيْرِ‏ ‬وَالْهَمْزُ‏ ‬واللَّمْزُ وَالْعَبَثُ‏ ‬وَالسُّخْرِيَةُ‏ ‬وَالزِّنَى‏ ‬وَالنَّظَرُ‏ ‬إِلَى الأَجْنَبِيَّةِ‏ ‬وَ‏التَّلَذُّذُ‏ ‬بِكَلاَمِهَا ‬وَ‏‬أَكْلُ‏ ‬الأَمْوَالِ‏ ‬النَّاسِ‏ ‬بِغَيْرِ‏ ‬طِيبِ‏ ‬نَفْسٍ‏ ‬وَالأَكْلُ‏ ‬بِالشَّفَاعَةِ‏ ‬أَوْ‏ ‬بِالدِّينِ‏ ‬وَتَأْخِيرُ‏ ‬الصَّلاَةِ‏ ‬عَنْ‏ ‬أَوْقَاتِهَا‏

وَ‏‬يَحْـرُمُ‏ ‬عَـلَيْهِ‏ (Among the those things that are unlawful for him [the Muslim] are): الْـكَذِبُ‏ (Lying), وَالْـغِيبَةُ‏ (slander), والنَّمِيمَةُ‏ (defamation), وَالْـكِبْرُ‏ (arrogance), وَالْـعُجْبُ‏ (conceit), وَالرِّيَـاءُ‏ (showing off [religiously]), وَ‏‬السَّمْعَةُ‏ (seeking reputation), وَالْحَسَـدُ‏ (envy), وَالْـبَغْضُ‏ (hatefulness), وَرُؤْيَـةُ‏ الْـفَضْلِ‏ (self-centered pre-occupation with one’s good deeds) عَـلَى الْـغَيْرِ (done for others), وَالْـهَمْزُ‏ (defamatory insinuation), واللَّمْزُ (back-biting), وَالْـعَبَثُ‏ (scorn [of others]), وَالسُّخْـرِيَـةُ‏ (mockery), وَالزِّنَـى‏ (adultery), وَالنَّظَرُ‏ ‬إِلَـى الأَجْـنَبِيَّةِ‏ (looking at a female who is unlawful [to him]) وَ‏التَّلَذُّذُ‏ ‬بِـكَلاَمِـهَا (and finding pleasure in her speech), ‬وَ‏‬أَكْـلُ‏ ‬الأَمْـوَالِ‏ ‬النَّاسِ (consuming the property or wealth of someone else) ‬بِـغَيْرِ‏ ‬طِـيبِ‏ ‬نَـفْسٍ (who has not willingly turned it over to him in good spirit), وَالأَكْـلُ‏ ‬بِـالشَّفَاعَـةِ (subsisting by acts of intercession [he has done for others]) ‬أَوْ‏ ‬بِـالدِّينِ‏ (read: aw bi-diin [or by means of the Diin]; and read:   أَوْ‏ ‬بِـالدِّينِ‏ (aw bi-dayn  [or by owed debt]) وَتَـأْخِـيرُ‏ ‬الصَّلاَةِ‏ (and delaying the prayer) عَنْ‏ ‬أَوْقَـاتِـهَا‏ (beyond its prescribed time).

وَلاَ‏ ‬يَحِلُّ‏ ‬لَهُ‏ ‬صَحُبَةُ‏ ‬الْفَاسِقِ‏ ‬وَلاَ‏ ‬مُجَالَسَتُهُ‏ ‬لِغَيرِ‏ ‬ضُرُورَةٍ‏ ‬

وَلاَ‏ ‬يَحِـلُّ‏ ‬لَـهُ (It is unlawful for the Muslim) ‬صَحُبَةُ‏ ‬الْفَاسِقِ‏ (to keep the company of anyone who transgresses the bounds of Allah), ‬وَلاَ‏ ‬مُـجَالَسَـتُهُ‏ (and he [a good Muslim] should not sit with him [the transgressor]) ‬لِـغَيرِ‏ ‬ضُرُورَةٍ‏ (without having the necessity to do so).

وَلاَ‏ ‬يَطْلُبُ‏ ‬رِضَاءَ‏ ‬الْـمَخْلُوقِينَ‏ ‬بِسَخْطِ‏ ‬الْخَالِقِ‏ ‬قَالَ اللّهُ سُبْحَانَهُ‏ ‬وَتَعَالَى‏: ‬وَاللهُ ‬وَرسُولُهُ‏ ‬أَحَقُّ‏ ‬أَنْ‏ ‬يَرْضَوهُ‏ ‬إِنْ‏ ‬كَانُواْ‏ ‬مُومِنِينَ‏ .‬

وَلاَ‏ ‬يَـطْلُبُ (He should not seek) ‬رِضَـاءَ‏ ‬الْـمَخْـلُوقِـينَ‏ (the pleasure of he who has been created) بِسَخْطِ‏ ‬الْخَالِقِ (at the expense of invoking the anger of the Creator). ‬قَـالَ اللّهُ سُـبْحَانَـهُ‏ ‬وَتَـعَالَـى (Allah glory be to Him has said), وَاللهُ ‬وَرسُولُهُ‏ ‬أَحَقُّ‏ ‬أَنْ‏ ‬يَرْضَوهُ‏ ‬إِنْ‏ ‬كَانُواْ‏ ‬ مُومِنِينَ‏ (“…and Allah and His messenger, it is more appropriate that they please Him if they are believers” 9:62).

وَقَالَ‏ ‬عَلَيْهِ‏ ‬االسَّلاَمُ‏  ‬لاَ‏ ‬طَاعَةَ‏ ‬لِـمَخْلُوقٍ‏ ‬فِي‏ ‬مَعْصِيَةِ‏ ‬الْـخَالِقِ

وَقَـالَ‏ ‬عَـلَيْهِ‏ ‬االسَّلاَمُ‏ (And he [the Messenger of Allah] upon him be peace has said), لاَ‏ ‬طَاعَةَ‏ ‬لِـمَخْلُوقٍ‏ ‬فِي‏ ‬مَعْصِيَةِ‏ ‬الْـخَالِقِ (“No obedience is owed to that which has been created for the sake of disobedience to the Creator”).

وَلاَ‏ ‬يَحِلُّ‏ ‬لَهُ‏ ‬أَنْ‏ ‬يَفْعَلَ‏ ‬فِعْلاً‏ ‬حَتَّى‏ ‬يَعْلَمَ‏ ‬حُكْمَ‏ ‬اللّهِ‏ ‬فِيهِ‏ ‬وَيَسْأَلَ‏ ‬العُلَمَاءَ‏ ‬وَيَقْتَدِي‏ ‬بِالْـمُتَّبِعِينَ‏ ‬لِسُنَّةِ‏ ‬مُحَمَّدٍ‏ ‬صَلَّى اللهُ ‬عَلَيْهِ‏ ‬وَسَلَّمَ‏ ‬وَالَّذِينَ‏ ‬يَدُلُّونَ‏ ‬عَلَى طَاعَةِ‏ ‬اللّهِ ‬وَيُحَذَّرُونَ‏ ‬مِنَ ‬اتِّبَاعِ‏ ‬الشَّيْطَانِ‏ ‬

وَلاَ‏ ‬يَحِـلُّ‏ ‬لَـهُ‏ (It is unlawful for him) ‬أَنْ‏ ‬يَـفْعَلَ‏ ‬فِـعْل (to perform an action) حَـتَّى‏ ‬يَـعْلَمَ (until he knows) حُـكْمَ‏ ‬اللّهِ‏ ‬فِـيهِ (Allah’s judgment concerning it). وَيَـسْأَلَ‏ ‬العُلَمَاءَ‏ (He should ask the ʿulamaa’), وَيَـقْتَدِي (and he should follow the example) ‬بِالْـمُتَّبِعِينَ‏ ‬لِسُنَّةِ‏ ‬مُحَمَّدٍ‏ ‬صَلَّى اللهُ ‬عَلَيْهِ‏ ‬وَسَلَّمَ‏ (of those who follow the Sunnah of Muhammad, Allah send prayers and peace and blessings upon him)  وَالَّذِينَ‏ ‬يَـدُلُّونَ‏ ‬عَـلَى طَـاعَـةِ‏ ‬اللّهِ (and those who show obedience to Allah) وَيُحَـذَّرُونَ (and who are on guard) ‬مِـنَ ‬اتِّبَاعِ‏ ‬الشَّيْطَانِ‏ (against following Shayṭaan).

وَلاَ‏ ‬يَر ضَى لِنَفْسِهِ‏ ‬مَا رَضِيَهُ‏ ‬الْـمُفْلِسُونَ‏ ‬الَّذِينَ‏ ‬ضَاعَتْ‏ ‬أَعْمَارُهُمْ‏ ‬فِي‏ ‬غَيْرِ‏ ‬طَاعَةِ‏ ‬اللهِ‏ِ‏ ‬تَعَالَى فَيَا حَسْرَتَهُمْ‏ ‬وَ‏يَا طُولَ‏ ‬بُكائِهِمْ‏ ‬يَومَ‏ ‬الْقِيَامَةِ

وَلاَ‏ ‬يَر ضَى لِنَفْسِهِ‏ (He should not desire for himself) ‬مَا رَضِيَهُ‏ ‬الْـمُفْلِسُونَ (that which those who have been brought to ruin desired [for themselves]),  ‬الَّذِينَ‏ ‬ضَاعَتْ‏ ‬أَعْمَارُهُمْ (those whose lives have been wasted)  ‬فِي‏ ‬غَيْرِ‏ ‬طَاعَةِ‏ ‬اللهِ‏ِ‏ ‬ (in disobedience to Allah the Most High). فَيَا حَسْرَتَهُمْ‏ (Oh! What grief will be theirs), وَ‏يَا طُولَ‏ ‬بُكائِهِمْ‏ (and how lengthy will their tears be) ‬يَومَ‏ ‬الْقِيَامَةِ (on the Day of Rising).

نَسْأَلُ‏ ‬اللهِ‏َ‏ ‬سُبْحَانَهُ‏ ‬أَنْ‏ ‬يُوَفِّقَنَا لإِتِّبَاعِ‏ ‬سُنَّةِ‏ ‬نَبِيِّنَا وَشَفِيعِنَا وَسَيِّدِنَا مُحَمَّدٍ‏ ‬صَلَّى اللهُ ‬عَلَيْهِ‏ ‬وَسَلَّمَ‏ ‬

نَـسْأَلُ‏ ‬اللهِ‏َ‏ ‬سُـبْحَانَـهُ‏ (We implore Allah, glory be to Him) ‬أَنْ‏ ‬يُوَفِّقَنَا (to grant us success) لإِتِّبَاعِ‏ ‬سُـنَّةِ‏ ‬نَـبِيِّنَا (in following the Sunnah of our Prophet) وَشَـفِيعِنَا (and intercessor) وَسَـيِّدِنَـا مُحَـمَّدٍ‏ ‬صَـلَّى اللهُ ‬عَـلَيْهِ‏ ‬وَسَـلَّمَ‏ ‬ (and master Muhammad, Allah send prayers and peace and blessings upon him).

The Section about الطَّهَارَة – At-Ṭahaarah (Purity) from Matn al-Akhdarii

Sections About the Obligatory, Prophetic and Meritorious Acts of Wuḍuu’ from Matn al-Akhḍarii

Section: نَـوَاقـضُ‏ الْـوُضُـوء (Nawaaqiḍu-l-Wuḍuu’ [The Nullification of Wuḍuu’]) from Matn al-Akhḍarii

Section About Ghusl: Its Obligatory, Sunnah and Meritorious Actions from Matn al-Akhḍarii

The Section About التَّيَمُّم At-Tayammum (Dry Ablution) from Matn al-Akhḍarii

The Sections About الْـحَيْض Al-Ḥayḍ (Menstruation) and النَّفَاس An-Nafaas (The Blood Of Parturition [Child Birth]) from Matn al-Akhḍarii

The Section About الأَوْقَاتُ‏ الصَّلاَةِ Al-Awqaatu-ṣ-Salaah [The Times Of Prayer] from Matn al-Akhḍarii

The Section Concerning شُرُوطُ‏ الصَّلاَة (The Conditions of Ṣalaah) from Matn al-Akhḍarii

Section الصَّلاَّةُ‏ الـْـمَفْرُوضَـة (Aṣ-Ṣalaatu-l-Mafruuḍah [The Obligatory Prayer]) from Matn al-Akhḍarii

Section فصل قُـضَاءُ‏ مَـا فِـي‏ الذِّمَّةِ‏ مِـنَ‏ الصَّلَوَات (Making Up What is Owed from Prayers [That Have Passed]) from Matn al-Akhḍarii

A Chapter About السَّهْو (as-Sahw [Forgetfulness During Prayer] from Matn al-Akhḍarii

The Vindication of the People of the Maghrib Concerning the Issue of Sadl (Laying the Hands Straight in the Prayer in the Mālikī Madh-hab)

The Vindication of the People of the Maghrib Concerning the Issue of Sadl (Laying the Hands Straight in the Prayer in the Mālikī Madh-hab)

In the name of Allah, Most Gracious, Most Merciful. By Him, we seek Assistance.

The following text was sent to me via e-mail from a brother who had studied primary level fiqh and tajweed in North Africa prior to moving to the United States; hence I cannot and do not claim it as my own, and unfortunately, I was not given the name of the author nor can I recall the identity of the sender, other than his Efnet IRC nickname, Sahnoon. The daleel was written by one of the fuqara’ in one of his teaching circles who had compiled the information in order to aid the insight of the people who were interested in the issue. This article was edited with the understanding that all of the various positions of our mujahideen that have been supported and passed through the generations are valid, and each mujtahid is bound by their ijtihad unless they are presented with proof that they consider stronger than what they based their original ijtihad on, both the absolute and the limited among them. Our duty, as simple Muslims, is to take one of them as our tariqa to the Kitab wa Sunnah, to hear and obey. Imam Sufyan al-Thawri, the famous ‘Iraqi mujtahid said: “If you see a man doing something over which there is a debate among the scholars, and which you yourself believe to be forbidden, you should not forbid him from doing it.” Adhering to this advice would greatly benefit this ummah, draw us away from the petty bickering that some of us do and get us back to the real issue at hand, the near-complete domination of the Muslims at the hands of the kufar.

That being the case, it is not the intention of myself to in any way degrade or attempt to weaken the positions of our other Imams, but rather, it is merely my intention to show positively that sadl is the dominant, majority position of the Maliki madhhab; a point which is shown by what can be considered “strong” language as you will shortly see in the text.

The text I received was of an extremely low level of English, so I have taken careful liberties at upgrading the language in order that it may be read more smoothly and have in no way intentionally interpolated into the text. The notes that I have added were done for three reasons:

Firstly, being that much of the weight of evidence lies on the people who have transmitted it, I thought it necessary to, whenever possible, give a brief biographical note in order that people may come to know, even if superficially, who these people actually are, for as Imam Zuhri stated, “This knowledge is deen, so look well to whom you are taking your deen from.”

Secondly, I felt it necessary, in some instances, to dispel certain myths and half-truths that are being passed around by certain groups of people who have practically waged war against the Maliki madhhab, focusing on this issue in particular, by attempting to project the image that the later Maliki scholars (some even have the audacity to accuse Malik’s students) were acting contrary to their Imam and placed him above the Sunnah of the Messenger of Allah Sallallahu ‘alayhi wa Sallam.

And lastly, to avoid any interpolation.

I do not claim to be a scholar, nor a student of knowledge, and hence I ask the reader not to judge the strength of the madhhab by me, but instead judge it by the strength of the man from who it is primarily derived:

There will come a time shortly when people will beat the flanks of their camels searching from East to West in pursuit of knowledge. And they will find no one more knowledgeable than the ‘alim of Madina.

Imam al-Tirmidhi, al-Qadi ‘Iyad, Imam adh-Dhahabi and many others relation from Sufyan ibn ‘Uyana (in one transmission), ‘Abd al-Razzaq, Ibn Mahdi, Dhu’aya ibn Imama, Ibn al-Madani, Muhammad Idris ash-Shafi’i and many others, that “We used to consider it to mean Imam Malik.” Imam as-Suyuti list it as one of the hujiyyat of the messengership of the Prophet sallallahu ‘alayhi wa salam.

There are many short texts in the ‘Arabic language that are circulated throughout North Africa that deal with this issue. If it were possible, I would rather rely on those text, but unfortunately, the vast majority of the text of the madhhahib have yet to be translated, instead, most people preferring to translate works of contemporary “scholars” who are in all respects inferior to our great Imams of the Salaf & Khalaf. But for now, until other works are translated and published, this will have to do.

The first appendix is an excerpt from an answer I received back in late 1998 from Hajj Gibril Haddad. The second appendix is my attempt to explain what was too exhaustive to be placed in the footnotes. I felt that since most people in the West are ignorant of the science of fiqh, there were certain allusions to Maliki principles of jurisprudence that many people may not be aware of, or are contrary to what they have been taught, and hence, in order to somewhat enlighten the readers, I have attempted to explain them as briefly and best as I can, being that they are the principles of this proof to aid its proper understanding. As I said, I’m not an usuli scholar, so please don’t quote me. The third appendix is an excerpt of a fatwa that Shaykh Muhammad ‘Illiyish gave in reply to a question relating directly the issue. The fourth are my references which have over the years have helped aid my ability to be able to write my humble appendix.

I have titled it, “The Vindication of the People of the Maghrib” because sadl is one of the main issues for which the Malikis, who dominate the Maghrib, are attacked for today. The Messenger of Allah sallallahu ‘alayhi wa salam stated:

There will always be a part of my Community firm before the truth in the Maghrib until the order comes from Allah.

And the validity of sadl is one of those truths that the people of the Maghrib are firm in upholding, despite the criticism they may receive.

This was written while I was residing in Hampton, Virginia, but is in no way connected to the Masjid there, nor to Jamal Badawi, Ahmad Sakr, or Ahmad Noor, the three respective trustees of the masjid.

May Allah forgive me for the burden I have taken upon myself, as well as for my speech. May the peace and blessings of Allah be upon His Messenger, and the People of the House.

Lumumba K. Shakur

20 Muharram 1422

14 April 2001


The Masjid & Islamic Center of Hampton Roads

The Main Text
Irsal al-Yadayn – The Laying of the Hands

In sha Allah, I will be listing the reasoning that our Maliki scholars have given to support their opinion, that is, laying the arms straight in prayer (sadl).

Proof from Ahadith Regarding Hand Placement

1. Sadl (laying the hands straight in the prayer) is not an action, but rather, it is the natural position of the hands while standing. This is the asl (root, origin, source)

2. The scholars have differed on the matter of qabd (grasping: holding the left hand with the right). Ibn Rushd states in Bidayat al-Mujtahid (1:137)

The reason behind their differing is that there are some ahadith narrating the way the Prophet prayed which did not mention him placing his right hand over his left, and on the other hand, it was reported that the people were ordered to do that.

As for the ahadith that Ibn Rushd is referring to, one of the most commonly cited is the hadith of Abu Humaid al-Sa’idi, which is as follows:

Muhammad ibn ‘Amir ibn ‘Atta stated: “I heard Abu Humaid al-Sa’idi talking amongst ten of the Sahabah of the Messenger of Allah. Abu Qattada who was among them spoke up and said, “I am the most knowledgeable of you about the prayer of the Messenger of Allah.” They replied, “How can that be when you were not following him for a longer period, nor were you a companion of his before us?” To this Abu Qattada replied, “Yes.” “Well then prove it,” the others challenged. He (Abu Qattada) said, “When the Messenger of Allah stood for prayer, he raised his arms until they were level with his ears, said the takbeer and didn’t being reciting until all of his limbs had rested in their natural position. After finishing his recital, he raised his hands until they were level with his ears, said the takbeer and from there, performed the ruku’. He placed his palms on his knees and posed his back straight, neither raising his head nor lowering it . . .

This version of the hadith is narrated by Imam Ahmad in his Musnad, al-Tirmidhi and Abu Dawud in their Sunan, while Imam al-Bukhari narrates a shorter version of it in his Sahih. When Abu Humaid finished his description of the prayer, they all stated, “You are truthful, this is the way he used to pray.”

The statement of Abu Qattada that, “[A]nd didn’t being reciting until all of his limbs had rested in their natural position” is proof that the Prophet did not always place his right hand over his left, for this is not the natural position at which the limbs rest, rather, this is what is known as sadl. If the Prophet placed his right hand over his left in the prayer all the time, then (at least) one of the Sahabah would have objected to Abu Humaid’s failure to report that in his narration.

Furtherstill, and most importantly perhaps, amongst those Sahabah was Sahl ibn Sa’d, the narrator of the hadith: “The people were ordered (literally “used to be ordered”) that a man place his right hand over his left arm in the prayer,” as stated by Ibn Hajar in Fath al-Bari (2:334).

3. Ibn ‘Abd al-Barr narrated in his book, al-Tamheed that:

Mujahid said, “If the right hand is to be placed over the left, then it should be on the palm or the wrist on the chest.” The narrator added from Mujahid, “and he hated that.”

It is understood from this that placing the right hand over the left was not what Mujahid was accustomed to, proof that he did not witness the Sahabah doing it.

4. Ibn ‘Abd al-Barr also narrates in the same book (20:76):

‘Abd Allah ibn al-Izar said, “I used to make tawaf around the Kaba with Said ibn al-Jubayr. Once, he saw a man placing one hand over the other, so he went to him, separated his hands, and then returned to me.

From this, we notice that placing one hand over another in prayer was considered by him to be a munkar, because he changed it with his hand, which is only acceptable in relation to the munkarat. Furthermore, it is apparent from this athar that at the Masjid al-Haram, there were few people seen putting their hands over each other in the prayer, indicating that the custom was otherwise. And this was during the time of the Sahabah and Tabi’een.

5. Also narrated in al-Tamheed:

‘Abd Allah ibn Yazid said, “I never saw Said ibn al-Musayyib holding his left hand with his right hand in the prayer, he used to lay them straight.

Sa’id ibn al-Musayyib was one of the biggest Tabi’een in Madina, and this was thus the practice of the people of Madina that Imam Malik witnessed.

6. Ibn Abu Shaybah narrated that al-Hasan al-Basri, Ibrahim al-Nakh’ai, Ibn al-Musayyib, Ibn Sirin, and Sa’id ibn Jubayr all laid their arms straight in the prayer.

Imam Malik’s View Concerning Sadl and Qabd

1. The dislike of qabd in the fard and its permissibility in the nafl if one is standing for a long time in order to make it easier on him. (i.e. a rukhsa)

This is the opinion narrated by Ibn al-Qasim in al-Mudawanna (1:74) and in al-Tamheed (20:75) al-Layth as-Sa’d is reported to have said:

The laying of the hands if prayer is preferred, unless he is standing for an extended period and becomes tired, then there is no problem (la ba’as) in putting the right hand over the left.

Al-Bukhari narrated in his Sahih (1:401) in the chapter entitled, “Using the Hands in Prayer for Help, if it is Part of the Prayer” that Ibn Abbas said:

A person can use any part of his body for support. Abu Ishaq placed his head cover (over his arms) in prayer and raised it (as a sling), and ‘Ali placed his palm over his left wrist, unless scratching his skin or straightening his clothes.

Thus, putting the hands over each other in prayer is permissible when used as a means for support in cases of standing in prayer for a prolonged period of time, as is narrated of ‘Ali and as Ibn Hazm explicitly stated in his al-Muhalla (4:113),

And we have narrated of ‘Ali that when he stood in prayer for a long time, he used to hold his left arm with his right hand at the origin of the palm unless straightening his clothing or scratching his skin.

Standing for extending periods of time is a characteristic of the nafl rather than the fard prayer, as the Prophet ordered the imam to be light in the fard.

Imam al-Shawkani mentioned in Nayl al-Awtar (2:201),

[A]nd the narration of irsal (laying the arms straight in prayer) is the narration of the majority of his students, and it is the famous among them (referring to Malik and the Maliki scholars).

Imam al-Shawkani also stated:

Ibn al-Munthir narrated that Ibn al-Zubayr, al-Hasan al-Basri, and al-Nakh’ai all used to lay their arms straight in the prayer, and not put the right hand over the left.

‘Abd al-Razzaq in his Musanaf ‘Abd al-Razzaq states: “I saw Ibn Jurayr praying while laying his arms straight, and al-Awza’i said that whoever wished to do the same (then let him do so) and whoever wanted to leave it (then let him leave it), and it is also the saying of ‘Atta.”

2. The permissibility of qabd in both the fard and nafl.

This is the saying of Ashhab and Ibn Nafi. It is also the statement of Ibn ‘Abd al-Barr.

3. The performance of qabd in the fard and nafl.

This is narrated of the two brothers: Mutrif and Ibn al-Majishun from Malik, as stated by Ibn Rushd in al-Tahsil (1:395).

4. The prohibition of qabd.

And this is the narration of the ‘Iraqi scholars from Malik, as mentioned in by al-Bagi in al-Mutawa (1:281).

And Allah knows best.

Appendix I
Opinions from the Scholars of the Maliki School

Shaykh Ahmad ad-Dardiri:

The Maliki scholar Shaykh Ahmad ad-Dardir said in his Arqab al-Maasilik li Madh’hab al-Imam Malik that:

It is allowable to grasp the hands during the nafl prayer and it is reprehensible to grasp the hands during the fard.

Shaykh Ahmad az-Zarruq:

And to end this, we would like to quote from one of the greatest Maliki ‘ulama, Shaykh Ahmad az-Zarruq, in his commentary on the Risala of Ibn Abu Zayd:

The person praying is not to place his right hand over his left in the fard, although it is allowable in the nawafil due to the length that one stands in prayer in order to support oneself in standing. Shaykh at-Turtushi said, “It is forbidden to grasp the hands during the fard because it becomes like something he supports himself upon during the prayer” . . . The People of Learning in Madina disagreed regarding the grasping of the hands for support as to whether it was part of the outward aspects of the prayer or not.

Shaykh ‘Usman dan Fodio:

It is mentioned in the Bayan (by Shaykh ‘Uthman ibn Fudio),

Grasping the hands for support during the prayer is summed up in three opinions:

some say it is allowed absolutely

it is reprehensible except when standing long in the nawafil

it is highly recommended and its matter is to grasp the left wrist with the right hand and place them under the chest.

And Allah knows best.

Appendix II
Explanation of the Fiqh of Imam Malik as it Relates to the Issue at Hand

In regards to the issue at hand, there are three relevant points of fiqh that I feel need briefly to be discussed: ‘amal, khabar al-wahid, and the qat’i in respects to the dhanni.

Imam Malik’s Risala to Imam Layth ibn as-Sa’d

Imam Malik, in an authenticated letter to Layth ibn as-Sa’d in Egypt, wrote:

It has reached me that you give fatwas to the people concerning things which are contrary to what is done by our community of people and in our city. You are the Imam and you have excellence and position with the people of your city, and they need you and rely on what comes from you. Therefore you ought to fear for yourself and follow that whose pursuit you hope will bring you rescue. Allah Almighty says in His Mighty Book, ‘The out strippers, the first of the Muhajirun and the Ansar.’ Allah Almighty says, ‘Give good news to My slaves who listen to the word and the follow the best of it.’ People follow the people of Madina, and the hijra was made to it and the Qur’an was sent down in it, and the halal was made halal and the haram was made haram there since the Messenger of Allah was living among them and they were present at the revelation itself. He commanded them and they obeyed him. He made sunnah for them and they followed him until Allah made him die and chose for him what is with Him, may the blessings of Allah and His mercy and blessing be upon him.

Then after him, the people followed those from among his community who were given authority after him. Whenever something happened that they had knowledge about, they carried it out. What they did not have knowledge of, they asked about, and then took the strongest of what they found regarding that by their ijtihad and the recentness of their contract (with the Prophet). If someone disagreed with them or said something else which was stronger than it and better, they left the first statement and acted on this other one.

Then the Tabi’un after them followed this path and they followed those sunnan. Since the business in Madina was open and acted upon, I do not think that anyone should oppose it, because of what the Madinans possess of that inheritance which none is allowed to plagiarize or lay claim to.

If the people of the other cities had begun to say, ‘This is the action which is in our city and this is what happened in it from those before us,’ they would not be certain about that and they would not have that which allows them that.

Imam ash-Shaf’i and His Risala

This is the crux of the Maliki position in his own words. When Imam ash-Shafi’i went to Egypt, he found people doing things that he felt were strange. Upon inquiring into their proofs and reasons, it was apparent that they were acting in accord to various fatawa passed by Imam Malik. In order to ascertain the reasons why Imam Malik held such positions, Imam ash-Shafi’i began looking into Malik’s ijtihadi rulings and saw that there wasn’t a readily identifiable methodology that Imam Malik had employed, hence he felt it his duty to do such. Immediately afterward, he wrote his innovative work, al-Risala which began the period of usul al-fiqh.

When this work was written, Malik was already gone, and Imam ash-Shafi’i was an Imam in his own right. That being so, there were many positions that Imam Malik held that Imam ash-Shafi’i disagreed with, due mostly to differences of methodology, or usul. With these differences in mind, he wrote his Risala, which became the basis for the definitions and generally propagated procedure of fiqh. For Imam ash-Shafi’i, the first source was the Qur’an, then the Sunnah, then ijmaa’’, and then qiyas, nothing more. But Imam ash-Shafi’i’s methodology was not necessarily the agreed upon the methodology of the entire ummah, nor where his definitions, hence, the different scholars in different regions and different methods took the Risala, and adapted it to and for themselves. Imam ash-Shafi’i, although he had studied under Muhammad Shaybani, had at this time became the main proponent of the ahl al-hadith, and expressed his schools views within his work. Although no one disagreed with the general identification of the sources that Imam ash-Shafi’i identified, how those sources were handled is the point of departure. Since my intention is to help supplement the understanding of the above text, it is not my concern here to deal with the Qur’an nor qiyas, since the issue of sadl is neither a point of tafsir nor qiyas. I will only briefly try and focus upon the Sunnah and ijmaa’ as it relates to the topic.

The Early Definition and Implications of the Word ‘Sunnah’

The Sunnah, as it is commonly defined, is the “words, actions, tacit approval and characteristics of the Prophet”. This is the definition that was given to it by Imam ash-Shafi’i, which the people of hadith concurred upon. But as is evident in the proceeding quote from Imam Malik, this was not the definition that he understood. To Imam Malik and the people of Madina before and after him, the Sunnah including the totality of the Prophet, the Sahabah and the agreed upon the practice of the Tabi’een. Hence, in the mind of Imam Malik, the Sahabah and Tabi’een, in a sense, were held on the same level as the Prophet’s personal sunnah. That is not to say that the Sahabah were equals with the Prophet, but rather, the conclusions and massively accepted ijtihad of the Sahabah and the subsequent rulings of the Tabi’een, were the explanation and extension of the Sunnah, in the same way, that the Sunnah is considered to be an explanation and extension of the Qur’an, and hence, Imam ash-Shafi’i’s statement:

I do not know anyone among the ulama to oppose (the idea) that the Sunnah of the Prophet is of three types: first is the Sunnah which prescribes the like of what Allah has revealed in His Book; next is the Sunnah which explains the general principles of the Qur’an and clarifies the will of Allah; and last is the Sunnah where the Messenger of Allah has ruled on matters on which nothing can be found in the Book of Allah. The first two varieties are integral to the Qur’an, but the ulama have differed as to the third.

Hence in the same manner, the Sunnah is of three other types: the Sunnah of the Prophet as mentioned above, the Sunnah of the Companions which explains and supplements the Sunnah of the Messenger of Allah, and the last is the Sunnah of the Tabi’een that was transmitted to them from the Sahabah, which they acted upon and ruled in accordance with when they could find nothing in the former. And in the same manner, the first two are agreed upon, while the ulama have differed in regards to the third.

Before I continue with Malik, there is an important point that needs to be made that will clarify much of the confusion over the different madhhahib, and that is that hadith and Sunnah are not necessarily synonymous to all the usulieen.

The Mutawatir and the Ahad Riwayat

The whole of this deen is by way of transmission. The Qu’ran is transmitted, the ahadith are transmitted, the athar and fatawa of the Sahabah are transmitted, ijmaa’ is transmitted, and the ijtihad of our early fuqaha’ is transmitted. And accordingly, our scholars of usul and hadith have differed between two basic types of transmission: mutawatir and ahad. The mutawatir is a mass-transmission such that it is practically impossible for a lie to have crept into the narration and distorted the text. This is the basis of the infallibility and protection of the Qur’an, and the reason why there is absolutely no doubt in our minds that the Qur’an has not been changed since it was completed. Ahad on the other hand, is that whose chains of transmission have not reached that level of certainty, hence, there is a possibility that it can be a fabrication or distortion. Hadith falls into both of these categories. That being the case, the mutawatir and ahad both correlate to two different degrees of proofs: qat’i and dhanni, definite and speculative respectively.

The Use of Khabar al-Wahid by Ahl al-Hadith and Ahl al-Ra’y

In relation to the two different schools of the Salaf, the ahl al-ra’y and ahl al-hadith, there was a difference on how they looked at ahadith in light of this categorization. No one disputes the authority and ‘isma of the mutawatir, but the point of disagreement is around the ahad. The ahadith al-ahad or khabar al-wahid are those ahadith whose level of transmission, prior to the period of collection, did not reach the level of mutawatir, which comprise the vast majority of the ahadith that are transmitted. The two different schools had differing views on the authority of such ahadith.

The ahl al-hadith, after checking both the sanad and text of the hadith, were generally more willing to adopt the hadith after it could be ascertained that it was not abrogated. But, however, the ahl al-ra’y were stricter in this regard. To the ahl al-ra’y, although the mutawatir was a definite (qat’i) proof, the ahad was dhanni at best, and hence was treated like such. Since the ahad was speculative, it could not impart definite knowledge by itself and since Allah said in the Qu’ran: “[V]erily, conjecture avails nothing against the truth” the fuqaha’ have put stipulations on the acceptance of the ahad. Imam ash-Shafi’i, and Ahmad both stated that when if the narrators of the ahad were upright, competent Muslims with a retentive memory, a direct connection to the person they transmitted from and were not known to distort the text or chain of ahadith, they accepted them and readily utilized those ahadith in their ‘ijtihad, which is Imam al-Bukhari’s criterion for his Sahih.

Imam Abu Hanifa and His Companions: the Representative of the Madhhab al-Ra’y

The Hanafis, however, placed two other conditions, namely that the person who transmitted the hadith is not known to have acted contrary to their report, and that it is a matter that does not necessitate the knowledge of a vast number of people.

In the first condition, there is a hadith which states that “When a dog licks a dish, wash it seven times, one of which must be with clean earth.” The hadith in question fulfills all the above requirements of Imams ash-Shafi’i and Ahmad, but however, it is known that Abu Hurayra, the Sahabi that the hadith comes from, did not act upon it himself. Because it is known that normally, the criterion for purifying anything is only three washes, an established qa’ida, and since Abu Hurayra is known not to act upon this hadith, Imam Abu Hanifa and his madhhab rejected both its text and attribution to Abu Hurayra.

In regards to the second criterion, the Prophet sallallahu ‘alayhi wa salam, is reported to have said, “Anyone who touches his sexual organ must make a fresh wudu’.” The Hanafis have rejected this hadith in light of the fact that even though this is an important hadith, it was not an established practice amongst the whole community, and hence, there is too much doubt surrounding its authenticity to be acted upon, for if it were true, it would have been necessitated that it be transmitted and acted upon by all.

Another example from the Hanafis is the issue of the wali. The Hanafis have ruled that a wali is not an essential part of the nikkah, and hence a nikkah is valid without one, even though there is a sSahih hadith that states, “There is no marriage without a wali,” along with others which state something similar. Their reasoning is that in the Qur’an, Allah states, “If he has divorced her, then she is not lawful to him until she marries (hatta tankiha) another man” (2: 229). The dhahir, outward meaning of the word hatta tankiha implies that a woman has the authority to contract her own marriage, and since the Qur’an is a qat’i and the hadith is ahad, it is rejected since the speculative cannot override the definite. Furthermore, the Hanafis consider the ‘amm of the Qur’an to be definite and hence binding it is dhahir wording and general application, unless there is a qat’i proof to specify(takhsis) its generality.

In other words, when there was a clash between a qat’i and a dhanni proof, the qat’i takes priority, and in many instances, the dhanni is disregarded.

An example from Imam Malik is the same issue above, that of the dog. The Shafi’is and the Hanbalis have ruled because of this hadith and one similar to it, that both dogs and pigs are nejus. However, in the Qur’an, Allah says, “When they ask you what is lawful to them, say: ‘What is lawful to you is that which is good and pure and also what you have trained your hunting animals to catch in the manner directed to you by Allah.” (5:4) In this verse, Allah allows for the game which is taken from the mouths of hunting animals to be eaten, without any stipulations attached. One of the animals that the Arabs used to hunt with was dogs. Allah did not make an exception to dogs, hence, the ayat in the Qur’an is general and implicitly implies that the saliva of dogs is pure. Furthermore, there is a qa’ida derived from the Kitab wa Sunnah that “everything is pure until proven otherwise”, and since this hadith is ahad, along with the reasoning that Imam Abu Hanifa gave, it cannot overrule the general principle, thereby specifying something which Allah has apparently made general. In light of the fact that there is no other proof to substantiate it, Imam Malik and his madhhab rejected it and consider all living animals, and that which is pure from humans (i.e. hair, saliva, skin, etc.), to be pure as well. Even to the extent that the leftover water that a dog has drunken from is considered tahir for taharah.

Imam Malik and the Madinan Divergence

Imam Malik and the Madinans have added another criterion to accepting the khabar al-wahid apart from what which is mention in relation to Imam ash-Shafi’i and Ahmad: that the hadith in question does not conflict with the ‘amal of ahl al-Madina.

The ‘amal of ahl al-Madina as a juristic principle states what Malik mentioned above, that Madina is the inheritor of the sunnah of the Prophet and the sunnah of the Sahabah, and hence the entire city is the visual legacy of the Prophetic Sunnah. The proofs are the ayat stated above, along with ahadith:

My community will not agree on an error.


Madina is sacred and throws out its dross as fire cast out the dross of metal.


Islam will cling to Madina as a serpent clings to its hole.

In Malik’s view, all of these ayat and ahadith substantiate not only the superiority of Madina spiritually, but in regards to its practice as well, and hence, their practice is a mutawatir transmission of the Sunnah. That being the case, the ‘amal of ahl al-Madina is in his mind, which he inherited from his teachers, a qat’i proof, and when it comes in conflict with a dhanni, such as the khabar al-wahid, either explains the latter’s ambiguity, or completely overrides its text, even when the ‘amal is of the Tabi’een or Tab’ut Tabi’een. The rational reasoning behind this was stated by Imam Malik himself, who said,

About so many thousand Companions came with the Messenger of Allah, sallallahu ‘alayhi wa salam, from a certain expedition at such-and-such a time. About 10,000 of them died in Madina, and the rest split up in the cities. Which would you prefer to follow and whose words would you prefer to take? Those (Tabi’een) in whose presence the Prophet, sallallahu ‘alayhi wa salam, died with his Companions I mentioned (i.e. the 10,000 of them who died in Madina), or the one (group of Tabi’een) who died with one or two of the Companions of the Prophet-sallallahu ‘alayhi wa salam.

The understanding that Malik had comes down to common sense. Imam Malik was the Imam of the Abode and Hijra of the Prophet. Madina, was the first Islamic state established, hence, all the relevant historical occurrences happened in Madina. The majority of the akham revealed by Allah ‘Azza wa Jal were revealed in or in relation to Madina. The Prophet made hijra there, lived out his life there, and died there. Revelation came while he was in the city, and the whole area was illuminated by its effect. The vast majority of the Sahabah, in the efforts to be as close as possible to the Messenger of Allah sallallahu ‘alayhi wa salam, followed him to Madina and took up residence there. Most importantly in this respect, the seven companions that were known to pass fatwa spent a considerable amount of time in Madina, including ‘Abdullah ibn Mas’ud and ‘Abdullah ibn Abbas. It was the seat of the first three Khulafa Rashidun, and ‘Ali spent half of his khalifate in Madina. If there was ever a sunnah established, it was done in Madina. If there ever was a relevant hadith, it was known in Madina. If there ever was a city that deserved to be followed, it was Madina.

The Issue of Ijmaa’

As it can be noticed from the quotes that are dispersed throughout this article, Imam Malik was primarily concerned with Madina and did not feel that any other city had a legitimate claim to be equal, let alone superior. That being the case, it is only natural to conclude that the ijmaa’ that Malik was concerned with was only the ijmaa’ of the Madinans, the seven fuqaha’ in particular.

If you turn to the Muwatta’, Malik constantly refer to both ‘amal and Madinan ijmaa’, thus we find numerous statements like,

I have never heard any of the people of knowledge and fiqh and those whom people take as an example . . .


I have not heard that any of our predecessors used to do that, and the people of knowledge disapprove of it . . .


This is what we do, and what I have seen the people of knowledge in our city doing.

And many other statements along those lines. The earlier Imams of the Salaf were extremely careful not to transmit any false information, hence, instead of declaring outright that there is an ‘ijmaa’ on an issue, they would simply state, “I have not heard any of the people of knowledge say otherwise,” or something similar out of caution. But with Malik, you will, however, never find a statement indicating that something is the ijmaa’ of the entire ummah; primarily because what Malik preferred the statements and conclusions of the people in whose cemeteries over 10,000 Sahabah are buried, as opposed to those with only a handful. Malik’s ‘amal and ijmaa’ can be directly related to two other principles of fiqh that the ‘ulama have for the most part concurred upon: ijmaa’ and ‘urf.

‘Urf, as it is defined by the fuqaha’, are the set of practices and word usages that the upright amongst a particular group of people have considered to be good. In essence, Malik’s ‘amal if actually the ‘urf of Madina. ‘Urf as a juristic principle, by the agreement of the fuqaha, cannot stand alone since ‘urf is rooted in the rationale and intellect of a people as opposed to revelation. But however, in Malik’s eyes, the ‘urf of Madina is a divinely inherited phenomenon, and hence, does have the capacity to stand alone as a proof in the shari’ah. Similarly, the knowledge of the scholars in the city was derived from this same fountain as an inherited reality as opposed to theoretical speculation. In other words, the ‘amal and ijmaa’ of Madina is inherited from the Lawgiver himself Sallallahu ‘alayhi wa salam, along with the majority of his most trained specialists, and hence is a part of the Sunnah. The difference between the two is that ‘amal, being the ‘urf, it is a reference to the people at large, laymen and scholars alike, while ijmaa’ is a reference to the scholars, to the exclusion of the masses: the distinction between ‘urf and ijmaa’ to the usuli’een of the other traditions. It is, however, important to note, that in the Maliki madhhab, after Imam ash-Shafi’i wrote his Risala, all four of these aspects were adopted and consider as sources of law, the Madinan phenomenon obvious having first preference.

Ahadith vs. ‘Amal

‘Amal in relation to ahadith has five possibilities. It will either: contradict the ahadith, confirm the ahadith, contradict one while affirming another other, explain the ahadith, or speak when ahadith are silent.

When ahadith clashes with ‘amal, the latter is preferred over the former. One of Imam Malik’s major shaykhs,Rabi’a Abu ‘Abd al-Rahman, nicknamed Rabi’a al-Ra’y, stated: “I will take a thousand from a thousand before I will take one from one because that one from one can strip the sunnah out of your hands.” In emulation of his teacher, Malik stated,

The practice is more firmly established than ahadith. One whom I emulate said, “It is distressing that it should be said concerning the like of that, “So-and-so related to me from so-and-so”

To illustrate the point of hadith and Sunnah not being synonymous, the Sunnah including not just the Prophet, Ibn al-Mahdi, one of Imam Malik’s contemporaries, stated: “An established sunnah from the Sunnah of the people of Madina is stronger than hadith.”

Ibn al-Qasim and Ibn Wahb, both of al-Bukhari’s “men” and Malik’s two best students, Ahhab being the third, stated: “I saw in Malik’s opinion, ‘amal was stronger than hadith.”

This perspective was not something that Imam Malik arbitrarily invented on his own due an exaggerated love and respect that many felt Imam Malik had for Madina, but it was instead the understanding that was taught to him by his teachers. Hence, it was stated by him, that while still learning in his youth he noticed that,

The men from the people of knowledge among the Followers conveyed ahadith which had been conveyed to them from others and they said, ‘We are not ignorant of this, but the past action is other than it.


I witnessed Muhammad ibn Abi Bakr ibn ‘Amr ibn Hazm who was a qadi and his brother ‘Abdullah, a truthful man who had memorized many ahadith. When Muhammad gave a judgment in which a hadith had come contrary to the judgment, I heard ‘Abdullah criticize him, saying, “Hasn’t this and this come in this hadith?” He said, “Yes.” His brother said to him, “Then what is wrong with you? Why don’t you give judgment by it?” He said, “Where are the people in respect to it?” i.e. what is the consensus of action in Madina? He meant that the action is stronger than the hadith in it.

This understanding can be traced all the way back to ‘Umar ibn al-Khattab, who stated upon the mimbar of the Prophet Sallallahu ‘alayhi wa salam,

By Allah Almighty, I will make it difficult for a man who relates hadith different from it (i.e. ‘amal)

Which is possibly one of the reasons why he ordered that all ahadith collections be burned.

When ‘amal confirms ahadith, obviously, it isn’t a major issue. But however, being that ‘amal is a source of shariʿah, it has the effect of raising the grade of a hadith to a level beyond sahih, even when its isnad is da’if, the relevance of which will be seen shortly. The same holds true when it both confirms and contradicts, the correctness of the confirmed hadith is raised above the one that it contradicts, and the latter is disregarded. Being that hadith is an oral transmission, which not all of a society will be aware of, while ‘amal is a custom which is generally known by all, there arises the logical possibility that ‘amal records something that hadith does not. In this case, ‘amal serves as hadith, in that they are both indications of the Sunnah, and is thus utilized as if it was a mutawatir text. When ‘amal contradicts hadith, being that it is regarded as a mutawatir transmission, the ‘amal overrules the text.

The whole reason that I have explained all of this is that all the hadith that mention qabd, even though well known, are khabar al-wahid at the level of the Sahabah, while on the other hand, sadl was the ‘amal of the people of Madina as was stated by Malik in the text of the Mudawanna quoted above, and which as I have explained is mutawatir. Since, in Malik’s eyes, the ‘amal takes priority over the ahad, he considered it preferable to act upon the ‘amal of sadl, rather than the hadith of qabd. For as Ibn ‘Uyana stated,

Hadith is a place of error for everyone but the fuqaha’

While the ‘amal of Ahl al-Madina amounts to an established, visually inherited practice.

In sha Allah, I will try my best to give examples of each possibility of the ‘amal/ahadith correlation, to prove all of what I have stated.

A concrete example of this is the adhan and ‘iqama of the Malikis. Imam Malik states in his Muwatta’:

Yahya ibn Yahya said: Malik was asked about doubling the adhan and the iqama, and at what point people had to stand when the iqama for the prayer was called. He said, “I have heard nothing about the adhan and iqama except what I have seen people do. As for the iqama, it is not doubled. This is what the people of knowledge in our region continue to do.

If we turn to the Risala of Ibn Abu Zayd, we find that the description of the adhan is: Allahu akbar, Allahu akbar.

Ashadu anla ilaha ill Allah, Ashadu anla ilaha ill Allah. Ashadu anna Muhammadan Rasulillah, Ashadu anna Muhammadan Rasulillah. And again, in a louder voice: Ashadu anla ilaha ill Allah, Ashadu anla ilaha ill Allah. Ashadu anna Muhammadan Rasulillah, Ashadu anna Muhammadan Rasulillah. Haya ‘ala-s salah, Haya ‘alas-s salah. Haya ‘ala-f falah, Haya ‘ala-f falah. Allahu akbar, Allahu akbar, La ilaha ill Allah.

Now, if we turn to Sahih Muslim, we find the hadith:

Abu Mahdhura said that the Messenger of Allah Sallallahu ‘alayhi wa salam taught him the adhan like this: Allahu akbar, Allahu akbar. Ashadu anla ilaha ill Allah, Ashadu anla ilaha ill Allah. Ashadu anna Muhammadan Rasulullah, Ashadu anna Muhammadan Rasulillah; and it should be repeated: Ashadu anla ilaha ill Allah, Ashadu anla ilaha ill Allah. Ashadu anna Muhammadan Rasulullah, Ashadu anna Muhammadan Rasulullah. Haya ‘ala-s salah, Haya ‘alas-s salah. Haya ‘ala-l-falah, Haya ‘ala-l- falah. And the narrator added: Allahu akbar, Allahu akbar. La ilaha ill Allah. (Muslim 4:740)

None of the ahadith mention the softening and raising of the voice between the two sets of the shahadatayn, even though they mention the repetition, and the people of Madina, apparently, were the only people to call the adhan in this manner. Shaykh al-Islam al-Qadi ‘Iyad narrates in his Tartib al-Madarik:

Abu Yusuf said to Malik, “You do the adhan with tarjih, but you have no hadith from the Prophet about this.” Malik turned to him and said: “Subhan Allah! I have never seen anything more amazing than this. The call to prayer has been done (here) every day, five times a day, in front of witnesses, and sons have inherited it from their fathers since the time of the Messenger of Allah, Sallallahu ‘alayhi wa salam. Does this need “So-and-so from so-and-so”? This is sounder (asahh) in our opinion than hadith.

The same situation is in regards to the ‘iqama. The ‘iqama as described in the Risala is: Allahu Akbar Allahu akbar. Ashhadu anla ilaha ill Allah wa ashhadu anna Muhammadan Rasulillah, Haya ‘ala-s-salati, haya ‘alal falah, Qad qamatis salat, Allahu akbar. La ilaha ill Allah

In Sahih Muslim, the hadith just before the one quoted above, it states:

Anas said: Bilal was ordered to double the adhan and pronounce the iqama only once. (Muslim 4:739)

Imam ash-Shafi’i and Ahmad have interpreted this hadith to mean the manner of calling the ‘iqama which is well known, proof of which lies in both Muslim and Bukhari, which state:

Abu Qilaba: Anas said, “Bilal was ordered to pronounce the wording of Adhan twice and of Iqama once only.” The sub-narrator Isma’li said, “I mentioned that to Ayyub and he added (to that), “Except Iqama (i.e. Qad Qamatis-Salat which should be said twice).” (Bukhari 1:11:58)


Anas reported: Bilal was commanded (by the Apostle of Allah) to repeat (the phrases of) Adhan twice and once in Iqama. The narrator said: I made a mention of it before Ayyub who said: Except for saying: Qamat-is-Salat [the time for prayer has come]. (Muslim 4:736)

But on the basis of the ‘amal of Ahl al-Madina, the Malikis have come to a slightly different conclusion. Which is an explanation of the statement in the Muwatta’, “I have heard nothing about the adhan and iqama except what I have seen people do.” So in this case, the ‘amal serves as a ta’wil to the proper understanding of the hadith in order to derive the Sunnah of the Prophet Sallallahu ‘alayhi wa salam, as well as a criterion to prefer one text over another.

Case Study Two: Contradiction

There is an ahadith that is recorded in both Sahih Muslim and several other collections which states:

He who fast Ramadan and six days of Shawwal, it will be as if he had fasted the whole year.

But however, it is narrated in the Muwatta’ that:

Yahya said that he heard Malik say, about fasting for six days after breaking the fast at the end of Ramadan, that he had never seen any of the people of knowledge and fiqh fasting them. He said, “I have not heard that any of our predecessors used to do that, and the people of knowledge disapprove of it and they are afraid that it might become a bidʿa and that common and ignorant people might join to Ramadan what does not belong to it, if they were to think that the people of knowledge had given permission for that to be done and were seen doing it. (Muwatta’, 18.22.60)

In this instance, both the ‘amal and ijmaa’ of the people of Madina contradicts the outward import of the above ahadith. Because of this, and the reason that Imam Malik gave in response to the question, there is a principle in Maliki fiqh that something is which is inherently permissible can be declared mak-ruh, if affirmed by other proofs, in order that people do not take it to be a wajib. Thus we find in the Bidiyat al-Mujtahid of Ibn Rushd that Malik disapproved of the fasting of Shawwal:

Either because people might associate with Ramadan what is not a part of it, or either because the tradition had not reached him or it did not prove to be authentic for him, [the latter of] which is more likely.

This incident of refraining or disapproving something in order that the people don’t mistake it for a fard is in essence an extension of sadd adh-dhara’a, blocking the means, at a less forceful level, and incidentally, this principle is a point of ikhtilaf by the Shafi’is and Hanafis who do not agree with it. However, this can be seen in the seerah of the Prophet, when during Ramadan, the Prophet came out for tahujjud three nights in a row, but failed to come out the fourth night. When they asked him why, he sallallahu ‘alayhi wa salam replied: “I did not want the people to think that it was an obligation upon them.”

So thus, in the Maliki madhhab, the fasting of the six days of Shawwal is makruh, immediately following Ramadan. The hadith is instead interpreted to mean that fasting the full Ramadan, and any six days out of the year, is like fasting the whole year, and Shawwal was just an example that was mentioned when it is even considered at all.

Another example of a contradiction is in reference to fasting on Jumuʿah. The other three schools consider it to be haram to fast on Fridays specifically, based on the hadith,

Muhammad ibn ‘Abbas narrated, “I asked Jabir, ‘Did the Prophet forbid fasting on Fridays?’ He replied, ‘Yes.’

and the hadith

Abu Hurayra narrated that, “I heard the Prophet saying, ‘None of you should fast on Fridays unless he fasts a day before or after it.”

But however, we find in the Muwatta’:

Yahya said that he heard Malik say, “I have never heard any of the people of knowledge and fiqh and those whom people take as an example forbidding fasting on the day of Jumuʿah. Fasting on it is good, and I have seen one of the people of knowledge fasting it, and it seemed to me that he was keen to do so. (Muwatta’ 18.22.60)

And hence, the rule of the prohibition of fasting only on Friday is not upheld by the Malikis.

Case Study Three: Contradiction/Affirmation and Speaking When Silent

In regards to the tasleem, there are many ahadith that narrate the Prophet making tasleemat in a variety of ways. It is narrated in various collections that the Prophet sallallahu ‘alayhi wa salam is reported to have made tasleem on both sides, saying “As-Salaam ‘alaykum rahmatullah“, or “As-Salamu ‘alaykum rahmatullah” on the right and “As-Salamu ‘alaykum” on left, or “As-Salamu ‘alaykum” on both sides, or “As-salamu ‘alaykum” once to the right (Tirmidhi). But, Muhammad ‘Illiyish sums up the position of the Maliki madhhab by stating in Mawahib Al-Qadir:

Adding wa rahmatu-l-lahi wa barakatuh’ after the final salam of the prayer is against preferable, as it contradicts the Practice of Medina, although the hadith which indicates it is a confirmed hadith (sahih).

Thus we find written in the Muwatta’:

He (Ibn ‘Umar) then said, “As’salamu ‘alaykum” to his right, and would return the greeting to the imam, and if anyone said “As’salamu ‘alaykum” from his left he would return the greeting to him.

Even though the ahadith alluded to above are all sahih, with the exception of the one which states he merely said, “As-Salam ‘alaykum” to the right, the position of the Maliki tariqa is that saying “As’salamu ‘alaykum” is enough, and adding anything to it is against what is preferable, i.e. it is best to leave it. The exact position of the Malikis is stated by Ibn Abu Zayd, who states in his Risala:

Then you say, “As-salamu ‘alaykum” once, starting to the front and turning to the right a little as you say it. This is what the imam does or anyone doing the prayer by themselves. If you are doing the prayer behind an imam you say the salam once, turning a little to the right, then you return the salam of the imam towards the front and then, if there is anyone on your left who has said the salam, you greet them in return. You do not say the salam to the left if no one has said it to you.

Even though the hadith in Tirmidhi is da’if, and from what I know, there are no hadith substantiating the salam said to the imam. The people of Madina, during the time of the Tabi’een had never heard of any hadith which stated other than their adopted method. Hence, the story is told by Qadi Abu Bakr ibn al-‘Arabi that a man came into the masjid during the time of Ibn al-Shihab al-Zuhri, and he did two tasleema. Ibn al-Shihab saw this and went up to the man and asked where he was from. The man replied, ‘Al-‘Iraq.” So Ibn al-Shihab asked him, “Where do you get this two taslima from?” So the man replied, “I heard from so-and-so, who heard from so-and-so” giving the full isnad, “that Ibn Abbas said that when the Prophet Sallallahu ‘alayhi wa Sallam, ended his salat, he said “As’salamu ‘alaykum” dturing to the right, and then repeated it to the left.” Ibn al-Shihab, replied to this, “I have never heard of that hadith.” Which shows that the two taslima was not an adopted practice of Madina. And Ibn al-Shihab was so emphatic about the imam only saying one tasleem that when he was in Makkah, after finishing his salat, stood up and said to the Qurashi imam:

Remove ‘wa rahmatullahi wa barakatu’. ‘A-Salaam ‘alaykum’ is correct.

Due to this fact, the hadith that state the Prophet only did taslima once are preferred over all the rest of them, even though they are of a higher grade, and adhering to the others is going against what is preferable. The ‘amal raises the grade of the hadith to beyond sahih, namely to the level of mutawatir, definite knowledge. And the sunnah of a third tasleem by the follower is established, even though there are no known hadith from the Prophet sallallahu ‘alayhi wa salam, ordering it.

Concerning Qabd, Malik and the Muwatta’

The above should be more than enough examples to prove what I have stated about Imam Malik and Madinan ‘amal. The only other issue left to deal with is the fact that Imam Malik quotes two hadith in the Muwatta’ in support of qabd:

Yahya related to me from Malik that ‘Abd al-Karim ibn Abu al-Mukhariq al-Basri said, “Among things the Prophet sallallahu ‘alayhi wa sallam said and did are: ‘As long as you do not feel ashamed, do whatever you wish’, the placing of one hand on the other in prayer, being quick to break the fast, and delaying the meal before dawn.”


Yahya related to me from Malik from Abu Hazim ibn Dinar that Sahl ibn Sa’d said, “People used to be ordered to place their right hands on their left forearms in the prayer.” Abu Hazim adding, “I’m sure that Sahl traced it back to the Prophet.”

It is known, which I hope I have proven beyond a reasonable doubt, that Imam Malik and much of the Salaf , preferred sadl to qabd. So why did Malik place them in his Muwatta’?

Keeping in mind what is narrated in the Mudawanna, as I stated above, all of the possibilities can relate to this issue:

If contradicts the ahadith, then Malik was simply acknowledging the fact that the hadith does indeed exist, in the same manner that Imam Muslim narrates ahadith in his sahih that he was known not to act upon, entitling his chapters, “The Proof of Those Who Say Such-and-Such”; hence, he was showing his acceptance of the proof for qabd, acting as a muhaddith as opposed to a mujtahid. Normally, Imam Malik quotes in the Muwatta’ a couple of ahadith from the Prophet, several athar from the Sahabah, and then states what the ‘amal of the people is or the ijmaa’ of their scholars. But in this case, he just quoted the ahadith, which may be an indication of what I just stated.

Mujahid said, “If the right hand is to be placed over the left, then it should be on the palm or the wrist on the chest.” The narrator added from Mujahid, “and he hated that.”

I have not heard that any of our predecessors used to do that, and the people of knowledge disapprove of it . . .

If it confirms some of the ahadith and contradicts others, it would mean that the ahadith are abrogated, and are references to an earlier phase in the prophethood, which is the opinion that Shaykh al-Azhar Muhamamd ‘Illiyish prefers. Part of the possible proof of this lies in the past tense of the second hadith quoted in the Muwatta’. Since the ahad are a dhanni and ‘amal is a qat’i, there is no question that a qat’i can abrogate a dhanni. The ‘amal obviously comes after ahadith, and therefore it is understood that the Sahabah abandoned those hadith that mentioned qabd, otherwise, the Tabi’een would not have adopted it. The objection has been raised by some in order to cast doubt on the possibility of this as spurious by suggesting that, “Was breaking the fast early and delaying the sahur abrogated as well,” in response to the idea that the command for qabd was abrogated in the hadith quoted in the Muwatta’. The idea that only part of a command is abrogated is very highly probable in light of another hadith, namely the hadith that states: “The Imam was only appointed to be followed. Therefore, stand when he stands, sit when he sits, bow when he bows and prostrate when he prostrates.” It is agreed upon by the four madhhahib that the “sit when he sits” command from that hadith was abrogated by amal of the Sahabah that occurred during the illness of the Beloved of Allah, while the rest of the hadith remains fully in tact.

Ibn Rushd states in Bidiyat al-Mujahid: The reason behind their differing is that there are some ahadith narrating the way the Prophet prayed which did not mention him placing his right hand over his left, and on the other hand, it was reported that the people were ordered to do that.

I do not know of this practice as far as obligatory prayers are concerned (la a’rifu dhalika fl l-farida) . . .

Also, consider the hadith, “Pray as you see me pray.” In relation to this idea. The Tabi’een imitated the Sahabah, and the Sahabah adhered to this hadith. In light of this fact, the Tabi’een would not have practiced sadl if they were not taught to do such, and hence, if not the ‘amal alone, the ‘amal and this well-known hadith both combine as a proof of abrogation.

Or, the ‘amal affirms the ahadith in respects to qabd being mubah in the nawafil, and as a result he placed them in the Muwatta’ as proof of his acceptance of qabd; after all, when asked about qabd, he stated:

But there is no harm in someone doing it in voluntary prayers (nawafil ), if he has been standing for a long time, in order to make things easier for himself.

This is what we do, and what I have seen the people of knowledge in our city doing.

Conclusion and Summary

In reference to qabd, the issue lies around the fact that Imam Malik and many other Tabi’een and Tab’ut Tabieen were known to have preferred sadl, which all the evidence which has been presented here more than confirms as a historical fact. What is left to the reader is to be able to step out of the ta’assal, the close-mindedness and leave the ikhtilaf to the people who have more rights to it. Otherwise, none of this will make sense and the only result in increased confusion and hatred towards the ahl al-sadl, since I do not think that anyone besides the Raafidiyya could allow themselves to come to the conclusion that the 18 scholars from the Salaf that I mentioned had blatantly deviated from the sunnah, or they were ignorant of something so basic, even if they have the audacity to accuse the Khalaf of such.

As I stated in the beginning, it is not my intention to convert people to the Maliki madhhab, but merely to defend our ‘ulama and the ikhtilaf of our heritage. Sadl was the dominant ‘amal of the people of Madina as well as many of the scholars outside of it.

Allah Almighty says in His Mighty Book, ‘The outstrippers, the first of the Muhajirun and the Ansar.’ Allah Almighty says, ‘Give good news to My slaves who listen to the word and the follow the best of it.’ People follow the people of Madina, and the hijra was made to it and the Qur’an was sent down in it, and the halal was made halal and the haram was made haram there since the Messenger of Allah was living among them and they were present at the revelation itself. He commanded them and they obeyed him. He made sunnah for them and they followed him until Allah made him die and chose for him what is with Him, may the blessings of Allah and His mercy and blessing be upon him.

Then after him, the people followed those from among his community who were given authority after him. Whenever something happened that they had knowledge about, they carried it out. What they did not have knowledge of, they asked about, and then took the strongest of what they found regarding that by their ijtihad and the recentness of their contract (with the Prophet). If someone disagreed with them or said something else which was stronger than it and better, they left the first statement and acted on this other one.

Then the Tabi’un after them followed this path and they followed those sunnan.

I would like to conclude and summarize this discussion with a excerpt from Dr. Yasin Dutton’s book relating to this issue:

It is important to emphasize that ‘amal and hadith are not mutually exclusive, as Qadi ‘Iyad’s analysis indicates ‘amal may, or may not, be recorded by hadith; and hadith may, or may not, record ‘amal. Where they overlap they are a strong confirmation of each other; but where there is contradiction, ‘amal is preferred to hadith by Malik and the Madinans, even when the sources of these hadith are completely trustworthy, as indicated in the comment of Ibn Abi Zinad in the above passage.

Thus, for example, the standard adhan in Madina, or the way of standing for the prayer with one’s hands by one’s side (sadl, or irsal alyadayn), or reciting the prayer without beginning with ‘bismillah irrahman ir-raheem’, or the size of the sa’ and the mudd, were matters that were not recorded initially in the form of hadith but were nevertheless known generally amongst the people and understood to have originated in the time of the Prophet. Other practices, however, although recorded in authentic hadiths and even transmitted, for example, in the Muwatta’, were not acted upon by their transmitters precisely because they did not represent the sunnah.

In other words, they were either exceptional instances or earlier judgements that had later been changed, or otherwise minority opinions that held little weight, and which, even though they derived from the Prophet, were nevertheless outweighed by other judgements also deriving from the Prophet. It is for this reason that Ibn ‘Uyayna could say that hadiths were a source of misguidance except for the fuqaha’, and Malik that Sunnah (‘amal) were a more reliable source than hadith.

There are a number of striking examples in the Muwatta’ of ‘amal being preferred to hadith, even though the hadiths in question are considered completely trustworthy. The following examples, where Malik transmits hadiths which he does not consider should be acted upon, serve to illustrate the point: (i) Malik relates two hadiths whose overt import is that the prayer should be done with the right hand holding the left at the wrist (qabd). He makes no comment on this in the Muwatta’, but in the Mudawwana Ibn al-Qasim records him as saying: ‘I do not know of this practice as far as obligatory prayers are concerned (la a’rifu dhalika fl l-farida), but there is no harm in someone doing it in voluntary prayers (nawafil ), if he has been standing for a long time, in order to make things easier for himself.’- The transmitter of the Mudawwana, Sahnun, also records a hadith to the effect that a number of Companions had reported seeing the Prophet doing the prayer with his right hand placed over his left.

However, despite this hadith and the similar reports in the Muwatta’, the madhhab of the Mudawwana, which became the major source for later Malikis as summarized in Khalil’s, Mukhtasar, was that it was preferable in all circumstances to pray with one’s hands by one’s sides since this was the predominant ‘amal. This way of doing the prayer was also preferred by al-Layth ibn Sa’d, accepted by al-Azwa’i, and recorded from other important authorities such as Sa’d ibn al-Musayyab, ‘Urwa ibn al-Zubayr, and Ibn Jurayj. It is, furthermore interesting to note that this practice, although rejected by all the other surviving Sunni madhhahib, is nevertheless that of the Zaidis, the Ithna ‘Ashari Shi’a, the Isma’ilis and the Ibadis, thus bolstering the argument for the ‘ancient’ (i.e. Prophetic) origin of this ‘amal, since the differences between these groups and the main body of the Muslims arose at a very early date and on questions of belief and political authority rather than on points of fiqh. There can have been no reason for them inventing such a detail of fiqh, and the obvious inference is that they were merely continuing an established practice.

The totality of the Shi’a and the Khawarij (Ibadis) with the exception of the Zaydi, upheld the position of the Malikis in respect to sadl. Also, the long gone madhhahib of al-Awza’i and Layth ibn al-Sa’d support this adoption, along with a good portion of the Tabi’een from Madina and al-‘Iraq. And thus, the attacks on the Maliki madhhab in this day and time in relation to this issue are in reality attacks on our Salaf, the Tabi’een of Madina in particular. If the only response to all of this is: “Taqlid! Taqlid!” which I have seen the case to be,

About so many thousand Companions came with the Messenger of Allah sallallahu ‘alayhi wa salam from a certain expedition at such-and-such a time. About 10,000 of them died in Madina, and the rest split up in the cities. Which would you prefer to follow and whose words would you prefer to take?

And for that reason, some of the most authoritative works in the Maliki madhhab uphold this established practice:

In the al-Mizan of the Shafi’i faqih ash-Sha’rani states:

The explanation of this matter – apart from being something the Legislator sallallahu ‘alayhi wa salam provided – lies in the fact that the person praying placing his hands below his chest generally distracts him from fully concentrating on Allah. In such case, letting the arms drop by the sides and occupying oneself and concentrating on Allah is preferable to observation of form. Thus, whoever considers himself unable to concentrate fully on Allah during the prayer due to qabd should preferably let the arms drop by his sides.

In Risala al-Qaywarani of Ibn Abi Zayd, it states:

Going into the state of ihram as far as the prayer is concerned is by saying Allahu akbar and no other expression is acceptable. At the same time your raise your hands level with your shoulders, or lower, and then begin the recitation. If you are doing Subh you recite the Fatiha out loud. You do not say bismi’llahi-r-rahmani’r-rahim for the Fatiha nor for the surah which comes after it. If you are by yourself or behind an imam you say ameen after the words, wala’d-daalleen, but you do not say it out loud. An Imam does not say ameen if he is reciting outloud but he does if the recitation is silent. There is, however, a difference of opinion about whether the imam should say ameen when the recitation is out loud. After that you recite one of the larger surahs from the mufassal. If the surah you recite is longer than that, that is good so long as it is not getting too light. The surah is also recited out loud. When you have finished the surah you say Allahu akbar as you go down into ruku’ – the bowing position of the prayer.

And therefore, I wish to recall the statement of Imam Sufyan al-Thawri:

If you see a man doing something over which there is a debate among the scholars, and which you yourself believe to be forbidden, you should not forbid him from doing it.

There will always be a part of my Community firm before the truth in the Maghrib until the order comes from Allah.

And Allah knows best.

Appendix III
The Fatwa of Shaykh al-Azhar, Muhammad ‘Illiyish

From al-Fath al-‘Alii al-Maalik fi-l-Fataawi ‘alaa Madhab al-Imaam Maalik, vol 1, page 104 to 108.

In the name of Allah, the Compassionate, the Merciful.

May Allah bless and grant peace to our Master Muhammad, his Family and Companions.

I was asked:

Praise be to Allah who has made the Book and the Sunnah a way and the ‘Ulama a guide for this Community. Sir, please give us a ruling on the act of letting the arms hang down ones sides while praying (sadl). Is it related to the Sunnah? Was it transmitted that the Prophet, peace be upon him, did so or ordered that it be done? Is it the ijtihad by Ibn al-Qasim and his followers, not based on any proof (dalil) of the Sunnah, so that the fuqaha have continued to declare that placing one hand over the other (qabd) is unadvisable (makruh) in prayer obiligatory (fard), or do they have something on which to based this? Is the fact that the Prophet, peace be upon him, did so near the end of his life, while ill, a sufficient argument for it to be followed and to abrogate what came before? Please answer us with firm, definitive proof and a convincing argument. Thus you shall be granted absolute joy in Paradise in company of the Master of the sons of Adam, alayhi salam.

I textually replied as follows:

Praise be to Allah, who has provided us the Book and the Sunnah and the straight, accepted path of the schools (madhhahib) of the four high ranking imams; who has conserved them (the schools), by his grace, until the Day of Judgement. Who has made his followers (muqallidun) outstanding, confirmed followers of the Sunnah and the Community (Ahl as-Sunnah wa al-Jamaa).

May blessings and peace be upon our Master Muhammad, who said: “When instability (fitan) appears, along with innovations and my Companions are insulted, may the ‘ulama then demonstrate their science as, if he does not do so, he shall be cursed by Allah, the angels and everybody. Allah shall not accept any effort or justice at all from him.” And he said: “When the last of this community curse the first, he who hides a hadith shall have hidden what Allah has revealed.” And he said: “Innovators do not appear without Allah making proof appear in the mouth of whom he wishes among His creatures.” And he said: “Innovators are the worst creatures in the creation.” And he said: “Innovators are hellish dogs”. And he said: “Whoever respects an innovator will have taken part in the destruction of Islam.” And he said: “Allah does not accept the innovator’s prayer, nor fasting, or charity, or pilgrimage, or umra, or jihad, or effort, or justice. He leaves Islam just as a hair leaves the dough.” And he said: “When an innovator dies, Islam has triumphed.”

May there also be said blessings and peace upon his Family, Companions, Followers (Tabi’in), Followers of the Followers (Tab’ Tabi’in) and the people of the Sunnah, among the followers (muqallidu) of the Four Imams and Pillars of the Deen.

You must know that letting the arms hang down ones sides (sadl) during prayer is firmly established by the Sunnah. It was done by the Prophet and he ordered that it be done by Consensus (ijma’) among the Muslims. Moreover, there is consensus among the Four Imams that it is permitted to do so during prayer. This is so widely known among the followers of the said Imams that it forms part of the Necessary Knowledge of the Deen (ma’lum mina d-din bi d-darura). This is the first and last way in which the Prophet prayed and ordered others to pray, peace be upon him.

The proof that it is the first way in which the Prophet prayed and ordered others to pray is recorded in the hadith selected and mentioned by Malik, may Allah be pleased with him, in the Muwatta, transmitted by Sahl b. Sa’d, to which Al-Bukhari and Muslim adhered, the text of which is: “People were ordered to place their right hand on their left forearm during prayer”. The proof of this lies in the fact that they were ordered to place their hands in the aforementioned manner (qabd) implies that previously they let them hang by their sides (sadl). If this were not so, it would be a superfluous and repetitive instruction, something which is unthinkable of the Legislator, peace be upon him.

It is likewise perfectly well known that the Companions would not have practiced sadl if they had not seen the Messenger, peace be upon him, do so. It indeed was he who ordered them to do so when telling them: “Pray as you see me pray.”

As to the proof which demonstrates that sadl is the last way in which the Prophet prayed and ordered others to pray, lies in its continued practice by the Companions (Sahaba) and the Followers (Tabi’in). This was to such an extent that Malik said – as transmitted by Ibn Al-Qasim in the Mudawwana: “I do not know”, referring to the qabd in obligatory prayer (farida). As it is impossible for them not to have known the last way in which the Messenger, peace be upon him, prayed, or for them to have disobeyed him together, as they followed absolutely everything he did and had a perfect knowledge of his ways of doing things, imitating him in the prayer. Thus, Malik linked their Practice to the legislatory aliya, to hadith sahih which does not contradict the Practice and Consensus (Ijma’). He made these four the fundaments of his method (madhhab).

As to qabd in the obligatory prayer, there is a difference of opinion as to whether it is unadvisable (karahah), advisable (nadab) or allowed (ibahah). This is without there being any difference as to the fact that the Prophet, peace be upon him, did so and ordered others to do so.

Those in favor of qabd being advisable and permissible disagree as to the manner in which it is to be carried out. Thus, according to the school of Malik, there are four opinions thereon, which are clearly expressed by Imam Ibn ‘Arafa and others. Among these opinions, the most widespread (mashhur) and accepted by the majority of the followers of Malik is that transmitted by Ibn Al-Qasim in the Mudawwana: that qabd is unadvisable (karahah), which is thus a proof that qabd had been abandoned by the Companions and by the Followers and that they practiced sadl, just as mentioned. This indicates the abrogation of the legal enforcement of qabd.

You should know that Ibn Al-Qasim belongs to the generation of followers of the followers (Tab’ut Tabi’in), one of the greatest generations, whose excellency was prophesied by the Great Messenger, peace be upon him. Likewise, there is Full Consensus (ijma’) as to the imamate, reliability, precision, integrity, scrupulosity and rectitude of Ibn Al-Qasim. The Maliki school has agreed that what Ibn Al-Qasim transmits from Malik in the Mudawwana takes priority over other transmissions which contradict it. All of the Imams of the other schools (madhhahib) have shown their acceptance of the aforementioned transmission, adding as follows: “That is the posture of the majority of the followers of Malik and it is the most widespread opinion among them”.

An-Nawawi says (as to sadl) in his commentary of Sahih Muslim: “Al-Laith b. Sa’d is of that opinion.” Al-Qurtubi says, also commenting on said Sahih: “Sadl is backed up by the fact that qabd consists of resting one hand over the other while praying, which is prohibited in the book by Abu Dawud”. Ash-Sha’rani says in the Mizan: “The explanation of this matter – apart from it being something the Legislator, peace be upon him, provided – lies in the fact that the person praying placing his hands below his chest generally distracts him from fully concentrating on Allah. In such case, letting the arms drop by the sides and occupying oneself and concentrating on Allah is preferable to observation of form. Thus, whoever considers himself unable to concentrate fully on Allah during the prayer due to qabd should preferably let the arms drop by his sides.” The same thing was stated by ash-Shafi’i in his book Al-Umm’, where he said: “There is no harm in letting the arms drop by your sides, if you do not play about”. Whoever considers himself able to fulfill both conditions should place his hands below his chest, which would be preferable for him. Thus, the opinions of the Imams are unified, may Allah be pleased with them.

You may thus appreciate that the way the question is made does not allow for necessary acceptance of differences and that what is unanimously agreed must be complied with (al-mujma’ ‘alaih), as it rejects it. You must know that this is a contradiction and a lack of respect is committed, which must be regretted by biting the tongue and knocking ones fingers.

As to the contradiction committed, it is clear when he says that “Allah has made the Book and the Sunnah a way for this Community.” This implicitly states that what the Imams and their followers said is not a way for this Community. That is a Dhahiri (literalist) deviation. He later contradicted himself by saying that “Allah has made the ‘ulama a guide for this Community.” He contradicts himself again when he asks whether “it is an ijtihad by Ibn Al-Qasim and his followers, without being based on any proof (dalil).” In this case, after encountering the ‘ulama, he treats them as traitors and doubts whether to classify them as ignorant or transgressors. Finally, he contradicts himself again by requesting a legal finding from someone who is not even worthy to tread the ground trodden by Ibn Al-Qasim and his followers.

As to the lack of respect, this is what is stated when he asks whether “it is an ijtihad by Ibn Al-Qasim, without it being based on any proof whatsoever, so that the fuqaha have followed him.” This suggests that Ibn Al-Qasim is not an ‘alim and guide and that he makes ijtihad at random, without basing them on any proof at all. He also suggests that the fuqaha who thereafter followed him blindly, while wavering between ignorance and lack of scruples.

How is this possible, if the Messenger, peace be upon him, said: “This deen shall be transmitted by the most spotless (adul) of each generation.” And he said: “My Community shall not agree as to an error.” And he said: “There will always be a part of my Community firm before the truth in the West (maghreb) until the order comes from Allah.” There are also other hadiths.

This lack of respect also arises in relation to other Imams who accept this transmission from Ibn Al-Qasim, whether Hanafis, Malikis, Shafi’is or Hanbalis. Likewise, you must know that lacking respect for Ibn Al-Qasim alone is a great disgrace and scandal. How would you thus lack respect for him and his successors. How would you thus fail to respect them and those who have confirmed them. Moreover, in this case Ibn Al-Qasim does nothing other than to transmit the words of Malik in the Mudawwana as follows: “Malik advised not to place the right hand on the left during obligatory prayer and said: ‘I do not know that; although there is no problem when performed during supererogatory prayer which is lengthened in order to help oneself’.”

The lack of respect is really committed against Malik, just as stated in the hadith which reads thus: “The son of Adam insults the vicissitude of destiny, and I am those vicissitudes.” And the hadith: “Do not insult the vicissitudes of destiny, as Allah is said vicissitudes.”

The hadith which indicates “qabd” was taken by Bukhari and Muslim from the hand of Malik, who transmits it in his Muwatta; however, he judged it inadvisable, according to the transmission of Ibn Al-Qasim in the Mudawwana. This transmission, by consensus of the people of the madhab, is given priority over any which contradicts it. Thus, it is not allowed to say that the hadith did not come to Malik’s knowledge. Neither is one allowed to say that Malik disregarded the hadith on his own initiative, without any grounds, as there is Consensus among the Community as to avoiding attribution of such behavior to Malik. This consensus was by the Followers (Tabi’in), who are among the best generations. The latter, in addition to having interpreted the hadith of “‘alim of Medina” as if it referred to Malik. The same happened to the Followers of the Followers (Tab’ at-Tabi’in) down to our days. Thus, there is nothing else to believe than that Malik confirmed the abrogation of said hadith. So he returned to “sadl“, the original practice. This is shown in the words of the transmission in the Mudawwana where it says “I do not know of it”, that is: I do not know of “qabd” being a practice of the Followers (Tabi’in).

The real intention of these dogs is to slander Malik, the Imam of the Imams in hadith, fiqh, ‘amal and scrupulousness (wara’), according to the consensus of the Followers (Tabi’in) and those who succeeded them right down to our days. However, as they knew that slandering Malik is an unbearable act and would be like hurling stones against their own roofs, they took Ibn Al-Qasim as a scapegoat to carry out their intentions, believing he was not important at all and that they could slander him without anything coming of it. This is not so, by Allah! His status is similar to that of Imam Ash-Shafi’i and near to that of Malik.

How right Imam An-Naj’i was when he said: “If I had seen the Companions (Sahaba) do wudu up to the wrists, that is what I would have done, although it literally says, ‘up to the elbows’“. Likewise, I also say that as Malik said in the transmission by Ibn Al-Qasim in the Mudawwana “as he said qabd was not recommendable in obligatory prayer” I have decided not to practice it, in spite of the fact that, if we were to base ourselves on the hadith set forth in the Muwatta and the two Sahihs, we would have to practice it.

My success depends on none other than Allah. I seek refuge in Him and to Him I return. May Allah bless and grant peace to our master Muhammad, the Beloved and all his family.

The Messenger of Allah, peace be upon him, said: “There are three types of person Allah hates most: atheists who are in the Haram, those who wish to establish a custom from the Jahiliyya in Islam and those who demand a man’s blood without reason, for the mere wish for it to be spilt.” (Transmitted by Al-Bukhari from Ibn ‘Abbas.) And he said, peace be upon him: “Have you indeed any consideration in denouncing the shameless? Denounce them, so the people know them!” (Transmitted by Al-Lhatib, according to the transmission by Malik). And he said, peace be upon him: “Are you worried that people discover who is a scoundrel? Denounce the shameless and their wicked deeds and let the people beware of them!” (Transmitted by Ibn Abi Dunya, Al-Hakïm, Al-Häkim, Ash-Shirazi, Ibn ‘Udayy, At-Tabarani, Al-Bayhaqi, Al-Katib de Bahz Ibn Hakïm from the father of his grandfather.) And he said, peace be upon him: “He who makes the worst transaction is the one who spends his life hoping that time will not bring reality about, abandons this world with no provision at all and comes before Allah without any justification at all.” (Transmitted by Ibn Al-Bukhari from Amir Ibn Rabi’a.) And he said, peace be upon him “There are three things I fear for my Community: failure by a wise man, hypocritical argumentation with the Qur’an and denying Destiny.” (Transmitted by At-Tabarani from Abu Darda.)

Appendix IV

Audio Tapes:

Abdullahi Ould Boye. Usul al-Fiqh. Translated by Hamza Yusuf – Foundations of Our Methodology. (Audio) California: al-Hambra Productions, 1999.

Hamza Yusuf Hanson. Commentary on the Fatwa of Muribtal Hajj Concerning the Issue of Taqlid. (Audio) California: al-Hambra Productions, 1999.


‘Ahmad ibn Naqib al-Misri. ’Umdat al-Salik. Translated by Nuh Ha Mim Keller – Reliance of the Traveller. Maryland: Amana Publications, 1991.

Bilal Phillips. The Evolution of Fiqh. Saudi Arabia: International Islamic Publishing House, 1996.

Malik ibn Anas. al-Muwatta’. Translated by Aisha ‘Abdu-r Rahman Bewley and Ahmad Thompson. London: Diwan Press.

Muhammad ibn Ishma’il. Sahih al-Bukhari. Translated by Muhammad Khan. Saudi Arabia: Dar us-Salam, 1994.

Muhammad Hashim Kamali. Principles of Islamic Jurisprudence. Cambridge: Islamic Texts Society, 1994.

Imam Muslim. Sahih Muslim. Translated by Abdul H. Siddiqui. Pakistan: Sh. Muhamamd Ashraf, 1990.

Qadi ‘Iyad al-Yahsubi. Ash-Shifa. Translated by Aisha Abdur-Rahman Bewley-Muhammad: Messenger of Allah.

Sayyid Saabiq. Fiqh us-Sunnah. Translated by Muhammad Sa’eed Dabas and Jamal ad-Din M. Zarabozo. Saudi Arabia: American Trust Publications, 1985.

Taha Jabir al-‘Alwani. Usul al-Fiqh al-Islami. Translated by Yusuf Talal DeLorenzo and Anas al Shaikh-Ali – Source Methodology of Islamic Jurisprudence. Virginia: International Institute of Islamic Thought, 1994.

Yasin Dutton. The Sources of Islamic Law; The Qur’an, Muwatta’ and Madinan ‘Amal. London: Curzon Press, 1999.

Internet Resources:

‘Abdal-Hakim Murad. Understanding the Four Madhhabs: the Problem with Anti-Madhhabism. London: ISLAMICA Magazine, 1995. (Masud Ahmed Khan’s Homepage:

Aisha ‘Abdur-Rahman Bewley. The ‘Amal of Madina. (Aisha Bewley’s Homepage:

Qadi ‘Iyad al-Yahsubi. Tartib al-Madarik. Translated by Aisha ‘Abdur-Rahman Bewly-Selections from the Tartib al-Madarik of Qadi ‘Iyad. (Aisha Bewley’s Homepage:

Muhammad Abu Zahrah. Usul al-Fiqh. Translated by Aisha ‘Abdur-Rahman Bewley –The Fundamental Principles of Imam Malik’s Fiqh. (Aisha Bewley’s Homepage:

1. Nuṣratu-l-Faqiihi-s-Saalik ʿAlaa Man Ankara Mashuriyyati-s-Sadli Fii Madh-hab Mālik  (The Support of the Upright faqiih Against Those Who Dispute What is Well Known in the Madh-hab of Mālik about letting the hands hang down [in prayer] )  (PDF Format) 

2. Sadlu-l-Yadayn fi-s-Salaah (The Lowering of the Arms in Prayer) (PDF Format)

3. The Permissibility of Praying with the Hands to the Side

4. Fatwa of al-Azhar Regarding Sadl -The Fatwa of Shaykh al-Azhar, Muhammad ‘Illiyish

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