Previously Asked Questions
Formal Prayer Questions:

Contents

General Questions
Qiblah Direction
Daily Prayer Timings
Wajibs of Prayer
Sunnahs of Prayer
Fadilahs of Prayer
Acts That Ruin Prayer
Makruhs of Prayer
Recitation in Prayer
Group Prayer
Friday Prayer
Prayer for the Traveller
Mandub Prayers
_________________________

General Prayer Questions
> What is the basic form of the prayer in Maliki fiqh?

This is described in detail in the Explanatory Notes for Song 12,

lines 12:409 to 12:452.

> I have learned to pray with the language of (I believe) Hanafi fiqh,
> and I am asking about Maliki fiqh

Please note that all past traditional scholars (e.g., Hanafi,
Shafi`i, Hanbali, Maliki, Ja`fari, `Awza`i, Dhahiri, Thawri, etc.) basically
agree on most of the necessary/wajib parts of prayer.  Thus if you prayed
exactly like a Hanafi, your prayer would be totally correct
according to the Maliki school.

Thus, the essentials/wajibs of the prayer in the Maliki school do *not*
include leaving hands to the side, moving one's finger while testifying,
nor making only one salam; these are only weaker mandub acts.  One may
omit such details if one feels that doing such may cause confusion for the
unlearned people around one.  Alternatively, one may pray with a sheet
wrapped around one's shoulders and then the position of one's hands
and body will remain concealed.

In summary, the differences between the schools in prayer
are mostly about makruh/mandub details and about specific
detailed rulings for the case when something goes wrong
in your prayer.  Thus, the schools sufficiently agree such that
a Shafi`i, Hanafi, or Hanbali prayer are all correct even for
followers of the Maliki school. [Please note that this is also
due to the less rigid and more flexible nature of the
Maliki school.  Sometimes, a correct Maliki prayer is incorrect
in one of the stricter schools.]


> In my local mosque, the vast majority of people are
> followers of Imam Malik's school. However, I have noticed
> that the way in which they perform their prayers does not
> conform to the guidelines of the Guiding Helper. Thus, none of them
> hang their hands at their sides; they raise their hands to their
> shoulders several times during prayer, instead of once; they
> prostrate on their knees first instead of their hands; just before
> standing up to complete the first (or third) unit of prayer, they
> perform an additional sitting posture for a few seconds; they
> (including the Maliki imam) say the salam twice to terminate
> the prayer.

We would say that our official opinion about their prayers according
to what you have described is:

   a) Their prayers are definitely correct and acceptable in the
      Maliki school.
   b) For some of the acts that you mention above, you will find
      authentic Maliki scholars who have given such opinions.
   c) None of the acts you mention are the popular or mash-hur
      opinion in the Maliki school about that act.

Since the Guiding Helper is intended for a large audience, we have
stuck closely to the popular opinions in close to 95% of the issues
for the unified dissemination of knowledge except the issues that are
very difficult to practice or are hard to learn (in which case we have
narrated easier authentic Maliki opinions).

References:
  GH Songs 14, 15, 16, and 17 and associated entries in the Notes of
  Sources.

> The Guiding Helper does say that it is specific to a section
> of scholars, so it is understandable if other people are
> sometimes doing different actions, but are the above mentioned
> differences from the Maliki school?

Please refer to the sections above.  We would say that we do not
know about every single valid opinion in the Maliki school but are
aware of the popular opinions on most issues.

> Are they manners performed by the Prophet (Peace and Blessings
> upon him)?

We believe the reason why people perform the actions that you mentioned
above is because they have read isolated hadith which state that
such is recommended.  However, we have not found that to be an accurate
way of learning how to perform an act in the din for the common man.

> I ask this question because when I try to pray in the manner
> detailed in the Guiding Helper, some of these people start looking
> at me as if I am praying incorrectly, and sometimes they even tell
> me not to pray in such a way.'

Your prayer is absolutely correct and accepted we pray.  And we expect
the tables to flip in the next few years such that it will be odd that
a Maliki/Muslim is not praying with his hands to the side as more and
more learned people review our Notes of Sources.

For now, you may pray with your hands crossed (or wear a wrap around
sheet so people are unaware of the positions you adopt in your formal
prayer).  But, that is your choice.


> Since it is sometimes difficult to pray with the hands at the sides
> in certain masjids, I was wondering if there are any mosques in either
> CT, NJ, or NY where the imam and/or followers are maliki?

We expect this to be less and less of a problem in the coming years as
knowledge of the Maliki school spreads and tolerance is developed.

For now, there is nothing to prevent you from praying with your hands
crossed (or not moving your finger) while in your local masjid to avoid
arguments and confusion.

Knowledgeable scholars do not consider these small physical postures
and movements in prayer as significant, but consider them merely
recommended.

As a side note, if anybody is afraid of adopting the Maliki positions
for practicing the din just because of the differences in prayer, we
would recommend that they adopt the Maliki positions anyway in all
of their lives (e.g., purification, Zakat, fasting, Hajj, Marriage, etc.) and
pray in public in ways that will not draw undue attention to them.
If they do this, soon a time will come when differences such as
these will cease to be an issue as enough people will be around that
know and understand the Maliki positions.

References:
    Line 562 of the Main Text of the Guiding Helper and
    associates entries in the Notes of Sources.



> Are there any tips/duas for one who wishes to reduce his sleep,
> or wants to wake up earlier for Subh prayer?

You will find that if you sleep earlier (e.g., before 10 pm), you will need
less sleep and can wake up as early as 5-6 am without feeling drowsy the rest
of the day.

We feel that most human beings need about 7-8 hours of sleep everyday just to
keep healthy.  Some people can survive on less, but they are rarer.

People who perform tahajjud regularly will notice that they need to take a
short nap during the day sometime to keep their energy level up.

As for du`as that make one wake up earlier, none come to mind right now
with that specific purpose in mind.  I think most Muslims in the old days
were aroused by the adhan of Subh prayer or the adhan of tahajjud (as is
made in many places in the Arabic world).

Since in most places in the West there is no audible adhan, we
would recommend using an alarm clock that is out of the reach of
either you or your spouse.  You should set the alarm at the exact
time you wish to wake up and not (1 hour) in advance of this time.

Train yourself to get up and close the alarm and then sit down
on the floor, a chair, or the edge of the bed (but, do not let
your spouse pull you back into bed).  Sit upright for about ten
minutes and then go to bathroom and wash your face and arms with
semi-cold/cool water.  If you do this, sleep will no longer be
a problem for you.

One of the hard things for newly married couples is training
themselves to wake up earlier (since it feels very warm and
nice to stay in bed along with one's partner in the morning);
however, they will both find that they are happier and able to
get more done during the day if they stick to an early-to-rise
schedule.

If one has a baby that has kept one awake at night, then it is still
better to wake up early; but, one may sleep earlier the next day or
take a short nap sometime after the morning.


Qiblah Direction


> Which is the Qibla direction for north america should i follow
> the southeast or northeast?

You may follow either as footnotes 795 and 1061 of the Guiding Helper
Explanatory Notes state.  However after choosing one direction (when
beginning prayer), one should try not to turn more than 89 degrees away
from this starting direction as is noted in footnote 1061).

Those who try to force a Northeast or Southeast (or Northwest or Southwest)
direction on people do not understand the simple fact that all major scholars
of the din from the Prophet's time up until 400 years ago were of the view that
the Earth is flat and not a globe (Reference, Tafsir Jalalayn, Imam al-Suyuti
for sharh of Quranic words "We have made the earth a spread out plain.").

Thus, they will be unable to prove that one of the arcs available is correct
while others are not.  The reason for this is the definition used by the ancients
for the direction of the qiblah was:

   "The direction of the qiblah is the direction in which if one were to proceed
     in a straight line of travel, one would eventually reach Makkah and the Ka`bah."

It is obvious to those with even a paltry understanding of geometry that
this above precondition will be fulfilled with any of the valid arcs between
one's current location and Makkah (when situated in the hemisphere opposite
to that which hold the Ka`bah; the hemisphere can be taken to be centered around
Makkah).

Now when you are situated within the same hemisphere (e.g., in Yemen, Madinah,
Egypt, Syria, India, Morocco, Spain, England, etc.), then you should use the conventional
direction set by the rightly-guided Companions (who never made it to the other side of the globe).
The farthest we can say they went is the city of Asafi, on the Western Shore of Morocco).

Now we are aware that many contemporary people (some of whom are
qualified in Shari`ah) have come up with little pamphlets arguing
for a Northeast or Southeast qiblah for North America.  Their arguments (which
often contradict each other) can be used to come up with a convention for the
Muslims living on the other side of the globe (as decided by the regional Islamic
Authorities) but cannot serve to declare their views as wajib to follow and other
views as haram to follow - as their arguments fail the tests of usul as they are based
upon new or old scientific knowledge - whereas new or old discoveries in science cannot
change basic pre-established precepts of din as is noted at the bottom of footnote 1673.
And the basic pre-established precept here is that if one were to proceed in a straight
line of travel, one would reach Makkah or the Ka`bah (and this hasn't changed and is
fulfilled by travelling any one of the available arcs when situated in the hemisphere
opposite to the Ka`bah).

Reference(s):
  [QF: volume 1: page 53, line(s) 5-9: {book 2, chapter 7,
   section 2, derivative ruling 1}]

> Jazaakumullah khair for your assistance in helping me to practice my deen
> and to improving my general understanding.
>
> I have a question in regards to the qiblah, particular to what you mentioned in
> the explanatory notes.
>
> You mentioned that Musalli may choose either of both disputed directions
> (NorthEast or SouthEast)but once they had done so to remain within X degrees
> of it to maintain validity of their prayer.
>
> My question arises then from a statement that was told to me by a brother who
> is rather shadid on the Eastern qiblah and in fact will not pray in any other direction.
> He mentioned a hadith in which the Habib (s.A.a.s.)said that the muslims have only
> one qiblah (that is only the rough meaning of course).

Yes.  It is true that there is only one qiblah - but the issue is that there is no
concrete means (according to Shari`ah usuli principles in which we cannot use
old or new scientific knowledge to prove that something is wajib/haram) to prove
that East *must* be followed and not West for instance from California.  We explain
why this is the case in the Previous Formal Prayer Answers section.

The Qur'an gives us the command:

   "Wa min haythu kharajta, fawalli wajhaka shatra l-masjidi al-haram"

   "And from where ever you come out [of Makkah] face the direction of the Sacred
     Mosque to pray."

Now let's suppose that you and I were in Makkah and we both decided to go to
San Francisco, California - but via different routes.  And since we are honest simple
people just interested in obeying Allah, we follow the guidelines of the verse above.

You take a plane Westward (perhaps to stop in London,  then New York, and
then San Francisco).  Thus, in your obeying Allah's command, you will be facing
East as soon as you leave Makkah all the way to San Francisco.

I on the other hand decide to take the scenic route and first fly to Sidney, then
Honolulu, and then San Francisco.  Thus, in my obeying Allah's command, I will
be facing West as soon as I leave Makkah all the way to San Francisco.

When we meet in San Francisco, we find out that we are praying in totally
opposite directions.  Now who's right here? you or I?

According to Shari`ah principles, we cannot prove that either of our directions
is incorrect (as explained in the Previously Asked Question above) as it will
inherently bring in old or new scientific knowledge.

Now, we have studied issues of din such as this with many advanced scholars
(even outside the Maliki School) and are aware of certain later conventions
that the later scholars came up with to determine the direction of the qiblah
(e.g., looking at the high-noon shadow direction in certain regions of the world
at certain times of the year since at these times the sun is directly over Makkah).

However these later principles fail the test of usul which are required to declare
an act wajib/haram as explained before.  The principle is "la wajiba illa ma
awjabahu l-llah"  "There is no wajib except what Allah has made wajib [in the
primary texts]."

Reference(s):
   [UF: volume 2: page 1138: line(s) 1-2 : {chapter 7 on ijtihad and taqleed,
    section on whether it is wajib to stick to only one imam in fiqh}]
   This is conveyed in many primary text statements both in the Qur'an
    (e.g., al-Qur'an 6:144 "am kuntum shuhuda' idh wassakumu l-lahu bi
    hadha faman adhlamu min mani f-tara `ala l-lahi kadhiban." "or were you
    witness when Allah enjoined you with these [false acts which you consider
    wajib]; then, who is more wrong than he who invents on Allah a lie to
    mislead people without knowledge?" and the hadith of the Prophet in
    Bukhari about the Desert Arab asking him what was wajib on him which
    we have narrated in a proof in the Notes of Sources for line 681 of the
    Guiding Helper)

Therefore, we conclude that those who are dogmatic on issues such as
this are only being closed minded and they themselves (no matter how
long their arguments are) do not know the reason why one of the arcs
must be followed while others discarded (when in the hemisphere opposite
to the Ka`bah).

Finally, all people who come across this issue should remember Allah's
statement narrated in the section of Surah Baqarah which speaks about the
qiblah being changed from Jerusalem to Makkah:

    "wa lillahi l-mashriqu wa l-maghribu faaynama tuwallu fathamma
     wajhu l-lah"

    "To Allah belongs the East and the West; so where ever you turn, over
     there is the countenance of Allah."

This verse hints at the arbitrary nature of the qiblah.  And also:

    "laysa l-birru an tuwallu wujuhakum qibala l-mashriqi wa l-maghribi
     wa lakinna l-birra man aamana billahi ..."

    "It is not righteousness that you turn your faces towards the qiblah in
     the East or West; rather, the righteous one is he who believes in Allah
     and the Last day, and the angels, and the Book, and the prophets, and
     he gives his wealth (even though he likes to hold on to it) to the
     close relatives, to the orphans, to the poor, to the stranded, and
     those who ask, and to free slaves..."

     [{al-Qur'an 2:177}]

The din is not about debate and argumentation.  The din is about practice, unity,
and harmony with Allah and His creation.  The approach to the din encouraged
in the Guiding Helper texts is less likely to fuel the emergence of vehemently
opposing groups formed around such trivial issues - and is more likely to result
in a more tolerant unified environment for practice of the din.



> About the qiblah direction, is it valid to pray in just the general
> direction or must one face the *exact* direction when far from the
> Makkah and the Ka`bah?  Could you provide some Maliki and non-Maliki
> proofs for this as I am interested in defusing a potential fitna which
> is brewing between the NorthEaster Shafi'is and some East and SouthEaster
> Hanafis and Malikis here where I live in North America?

Arguments about such subjects come from ignorance of Jurisprudence and
from claiming mastery of fields that one is far from qualified in.

In short, yes, praying in just the general direction when outside of Makkah
is correct as long as one does not turn all the way to the right or left
(sharraqa or gharraba in Arabic) from the actual arc.  This is in accordance
with the dominant opinion in the Maliki School, the trusted opinion in the
Hanafi and Hanbali schools,and the *minority opinion* in the Shafi`i school.

Yes.  This may be a suprise:  (1) The Shafi`i school has *two* opinions
in regards to whether one must face the exact direction of the Ka`bah when
far from Makkah.  Another strong narration from Imam Shafi`i says it is
only necessary to face the general direction.

As for the Arabic excerpts, you desire, here are some.  First, here are
two for the Maliki School:

   "yastaqbilu jihata l-ka`bati man kana sakinan ghayra makkah
    sawa'un kana qariban minha ka ahli mina aw ba`idan ka
    ahli l-aafaaq."

    "And the person praying faces just the general direction of the
     Ka`bah when he is present in other than Makkah - regardless
     of whether he is close by like in the people of Mina or far
     like the people of the horizons (i.e. distant lands)"

    [KF: volume 1 : page(s) 48: line(s) 28-29: {Salah, Shurut
     al-Salah, question 7, Is it necessary to face the exact
      direction of the Ka`bah or just its general direction?}]

This excerpt establishes the Maliki opinion about not needing
to face the exact direction.  Then, one needs to know exactly
how much of a deviation is tolerated before the prayer is
declared invalid:

     "al-munharifu `ani l-qiblati imma an yakuna basiran aw
     a`maa.  fa in kana basiran wa tabayyana lahu l-khatu'u
     fi l-qiblati athna'a salatihi - fa in kana n-hirafuhu kathiran
     bi an s-tadbara l-qiblata aw sharraqa aw gharraba qata`a
     salatahu wa b-tada'a mustaqbila l-qiblah."

    "As for the person who turns away from the qiblah, he can
     either be of healthy sight or be blind.  If he is of healthy
     sight and his mistake is made apparent to him while praying,
     (then we look at how far he turned).  If he turned all the
     way around (i.e. istadbara = 180 degrees), or turned all the
     way to the right (sharraqa = 90 degrees to the right), or
     all the way to the left (gharraba = 90 degrees to the left),
     he must now cut his prayer and start anew facing the
     qiblah."

    [KF: volume 1 : page(s) 49: line(s) 14-16: {Salah, Shurut
     al-Salah, question 10, What is the ruling of the person who
     deviates from the direction of the qiblah?}]

This establishes that the Maliki opinion states that a deviation
of 90 or more degrees from the qiblah arc invalidates the prayer,
and a deviation of less than this does not.

Please note that the KF follows the Sidi Khalil text closely, so it
is not difficult to provide references from this text also.
KF contains the *dominant* (not popular) opinion in the Maliki School
for the subject in the issues discussed.  This above excerpt
*is* the dominant and acted upon opinion in the Maliki School.

As for the QF, it clearly points to the fact that *no* popular opinion exists
for this issue.  It does this by first stating that the Ka`bah must be faced
(this is the level of detail that the popular opinion allows), and then it
narrates two possibilities for further details by using two "qeela" positions.
There are only two positions possible for this issue in regards to
the primary text basis:
(1) istiqbaalu `ayniha or (2) istiqbaalu jihatiha ((1) facing the exact
building of the Ka`bah or (2) facing its general direction).  Now, the fact
that QF on page 53, line(6) [{chapter 2, book 7, derivative ruling #1}] uses
"qeela" for both of these positions shows that we donā€™t have enough proofs
to clearly choose a popular opinion in the Maliki School for this
level of detail.

After learning this, if a Maliki is still dogmatic about facing the exact
direction - so much so that - this causes dissention and fitna when in
Jama`ah, it goes to show that he is far from the actual spirit of the
school set by Imam Malik himself and inherited from the Prophet
(May Allah bless him and give him peace) - and is ignorant of the
dominant opinion narrated by the traditional scholars on this
issue.

This takes care of the Maliki School.

As for the other schools of Jurisprudence, Ibn Qudama al-Maqdasi
concludes the following in the Salah, Istiqbal al-qiblah chapter
of his al-Mughni compilation.

    a) Hanbali School - Must face exact direction when close,
        can face general direction when far.
    b) Hanafi School - same as Hanbali School
    c) Shafi`i School - must face exact direction when right
        in front of ka`bah in Makkah.  And two opinions exist
        for person far from Makkah - one which agrees
        with the Hanbali/Hanafi opinion and one that disagrees.
    d) He is silent about the Maliki position, due to there
       not being a clear cut popular opinion on this matter
       as mentioned above.

Now, here is another excerpt (from Ibn Qudamah's al-Mughni)
that backs the view narrated in the Guiding Helper Explanatory
Notes (about the amount of deviation allowed).  [As a side note,
the Guiding Helper Explanatory Notes have been written with solid
knowledge and are a summary of no less than 120 large trusted
pre-Colonial Arabic volumes - something the inexperienced
may not realize.]:

   "wa lana qawlu n-nabiyyi - salla l-lahu `alayhi wa sallam - ((ma bayna
    l-mashriqi wa l-maghribi qiblah)) rawahu al-tirmidhi wa qala hadithun
    hasanun sahih.

    wa dhahiruhu anna jami`a ma baynahuma qiblah - wa li annahu
    law kana l-fardu isabata l-`ayni lama sahhat salatu s-saffi t-tawili
    `ala khattin mustawin, wa la salatu th-natayni mutaba`idayni
    yastaqbilani qiblatan wahidah.  fa innahu la yajuzu an yatawajjaha ila
    l-ka`bati ma`a tuli s-saffi illa bi qadriha - fa in qila ma`a l-ba`idi
    yattasi`u l-muhadhi, qulna innama yattasi`u ma`a taqawwusi s-saffi.
    amma ma`a s-tiwa'ihi fala - wa shatra l-bayti nahwahu wa qibalahu"

   "As for us [who say that only the general direction must be faced],
    we have the hadith of the Prophet (May Allah bless him and give him
    peace), "All that is between the East and West is a qiblah" - narrated
    by Tirmidhi and declared a hadith hasan sahih.

    As for this hadith's interpretation, then the apparent interpretation
    (which we, the majority of the jurists, have adopted) is that the entire
    (compass) directions between the East and West is considered the qiblah.

    [At this point you must remember that the Prophet (May Allah bless
     him and give him peace) was living in Madinah with a Southernly
     qiblah.  And he is approving that praying towards the Southeast
     and Southwest is *also* valid and considered the qiblah - all the
     way up until the East and West (i.e. a 90 degree deviation)].

Ibn Qudamah continues:

    This is because if it were necessary to face the exact
    building/direction of the ka`bah (as a group of Shafi`is have claimed),
    then the prayer of people in a long straight line would not be correct,
    since the width of the line of people praying would be larger than the
    actual building width of the ka`bah.  Neither would the prayer of two
    people [in the same straight line] be correct who were far [from
    each other] as it is not possible to face the exact building in a long
    line - except the amount which is the width of the Ka`bah.

    Now if it is said that when one is far away, the facing target of
    [of the Ka`bah] is enlarged [here we see those who have narrated
    an impractical and logically incoherent opinion trying to add further
    qualifications to come closer to the correct and dominant opinion],
    then we say that it is only enlarged if they form themselves in a
    type of arc/bow line.  As for having a straight line, then it is not
    possible to face the exact building - only its (general) direction
    and way (as we mentioned above).

Reference(s):
    [{Ibn Qudamah al-Maqdasi, al-Mughni, Salah, babu istiqbali
     l-qiblah,  mas`alah istiqbalu l-qiblati shartun li sihhati
     s-salah, near end}]



Daily Prayer Timings



> Is it ok to pray whenever one wishes during a prayer's first time,
> even though one is not occupied with anything special?

As is noted in footnote 676, there is no need to pray as soon as possible
while in the prayer's first time.

Reference(s):
Associated Entries in the Notes of Sources for the Main Text
and Notes of Sources for the Explanatory Notes

> Q. After reading the GH, and an answer on a Shafi'i Forum
> (http://groups.yahoo.com/group/shafii/message/114), my
> mother (and me occasionally) has, in England, been praying
> 'Isha about 1 hr after the start of Maghrib. From your research,
> Sayyidi, is this a reliable practice for Muslims in England throughout
> the year? (We now have a waswasa and are intending to pray at least
> 1hr and 30 mins after the beginning of maghrib - a practice which
> is very difficult for my mother because she is quite ill - until we
> can get clarification.)

To get rid of your waswasa, you can observe, the Western sky after
sunset on a clear day.  And notice when the "redness" goes away.
You will find that you will not need to wait more than 50 minutes
for the redness to go away.  As soon as the sky turns "whitish" with
no strong pink or red, the time for `Isha' has arrived according to
the majority of the Jurists (not including Abu Hanifah).

Abu Hanifah's opinion states that one must wait until all the white
twilight after sunset disappears before considering `Isha's time to
have started.  This opinion is not practical in a high-latitude country
such as England which experiences no end to white twilight in
many days of the year (especially in the summer on days which have
shorter nights - as the white twilight after sunset effectively merges
with the white "sky" of Fajr.)

Reference(s):
   [QF: volume 1: page(s) 42: line(s) 21-22: {book 2, chapter 2, section 1,
    `Isha's time}]

For those who are confused about what "red" and "white" mean
above, here is a picture which shows all three phases of the beginning
part of the night:



Here, we see that the bottom portion of the picture shows the
red/pink.  The middle portion shows the white.  And the
upper portion shows the black.

The colors will keep moving down towards the horizon after
sunset.  And after some minutes the red will disappear and
the white will be in contact with the horizon.  When this
happens, `Isha's time has entered.

> 3. I asked several times about isha time in extreem latitudes: I'm
> now following the movements of the sun as much as possible. This
> opinion seems safer, because I have valid reasons for not trusting
> the prayer times established by Islamic authorities/groups here.
> (basically they copy each other's prayer time table, follow
> non-madhabi opinions, and probably use 1/7th rule for isha/fajr etc.)
> However the opinion is a litle bit tough for most of the people.
> (a) Is there a opinion where you follow the movements of
> the sun for 3 prayers and then estimate isha and subh according the
> closest location where there are such times?
> (b) if yes would this be a solution for calculating isha/subh in
> general? As a Maliki can one follow such times for prayer? (c) In
> a Maliki mosque in Amsterdam they use a special fatwa in summer
> where they join Isha and Maghrib at the time of Maghrib because
> Isha's time is very late in the night. Is this valid opinion in the Maliki
> madhhab or any other Madhahb?( sorry for ask so many questions on
> this issue. the aim of my questions is exclusively to get
> comprehensive knowledge on the issue)

Here, we are assuming that your latitude is lower than 66.5 degrees. In other
words, we are assuming that you experience a definite sunrise and sunset
during the days you are speaking of.

Now we will give you five prayer timings which are in conformity with the
Maliki school (either in its popular opinion, or in its minority opinion).

Dhuhr - You may pray Dhuhr from after high noon up until the post noon
shadow of every vertical object is as long as the object. High noon here is
the point at which the shadows of objects stop shrinking and start becoming
longer. This can be calculated as exactly one half of the way between sunrise
and sunset.

`Asr - You may pray `Asr from when the post noon shadow of every vertical
object is as long as the object up until the sun becomes orange before sunset.

Maghrib - You should pray Maghrib immediately after sunset (except a few minutes
of gap is forgiven).

All these three prayer timings are taken from the popular opinion in the
Maliki school.

Reference(s):
[QF: volume 1: page(s) 42: line(s) 10-20: {book 2, chapter 2, section 1} ]

Now we will need to diverge from the popular opinion due to the strange
circumstances of those like you in extreme latitudes.

`Isha' - You may pray `Isha prayer *immediately* after Maghrib. This is a
minority opinion in the Maliki School which we are narrating for this particular
case.

Reference(s):
[MK: volume 1: page 112: line(s) 26-27: {Ibn Rushd's explanation
of "jam` bayna s-salatayni l-mushtarikatayni fi l-waqt", near
beginning of section after listing several ahadith which support jam`}]


Subh - You may use the 1/7 of the sunset-sunrise interval approximation
here as according the Maliki School, the time for Subh (in normal twilight
conditions) starts approximately 6/7 of the way from sunset to sunrise.

[Please remember now that we had pointed out earlier that the 1/7 rule
conflicted with the popular "`Isha'" time in the Maliki school, but
did not say that this rule conflicted with the popular "Subh" time.]

Reference:
This can be verified via simple calculations on the prayer time tables
in use in Fez, Morocco and surrounding regions.

> I go to a local Hanafi mosque. Their calendar (where their prayer times are
> located) is on the following website:
>
> http://www.mosquefoundation.org/_images/_dbpics/uploads/SALATA 02-04.pdf
>
> I understand that the Maliki school views that there are two times for
> prayer. When would the first time be? What about the second (based upon
> the times given in the above)?

     Your calendar states:
            Fajr Sunrise Dhuhr  Asr  Maghrib Isha'
     23 Mon 5:20 6:36    12:05  3:50  5:37   6:35
     24 Tue 5:18

     For today, 23 February, it would be:

     Subh/Fajr:

     1st time starts: 5:20 am
     1st time ends:   6:20 (about 15-20 minutes before sunrise)
     2nd time starts: 6:20
     2nd time ends    6:36 (at sunrise)

     Dhuhr:

     1st time starts: 12:05 pm
     1st time ends:   3:10 (about 40-45 minutes before stated Hanafi `Asr time)
     2nd time starts: 3:10
     2nd time ends:   5:37 (at sunset)

     `Asr:

     1st time starts: 3:10 pm (about 40-45 minutes before your stated Hanafi time)
     1st time ends:   5:07 (about 30 minutes before sunset)
     2nd time starts: 5:07
     2nd time ends:   5:37 (at sunset)

 [As a side note, those who have a Shafi`i calendar do not need to subtract
  40-45 minutes from the stated `Asr time - as the Shafi`i time for the beginning
  of `Asr prayer is the same as the Maliki time.]

     Maghrib:

     1st time starts: 5:37 pm (at sunset)
     1st time ends:   6:22 pm (about 45 minutes after sunset)
     2nd time starts: 6:22 pm
     2nd time ends:   5:18 am (dawn next day)

     `Isha':

     1st time starts: 6:22 pm (about 45 minutes after sunset)
     1st time ends:   9:28 pm (about 1/3 of the way between sunset and dawn)
     [You can take a dispensation here from a minority
     opinion and pray `Isha' until 1/2 of the way between
     sunset and dawn, about until 11:10 pm.]
     2nd time starts: 9:28 pm (about 1/3 of the way between sunset and dawn)
     2nd time ends:   5:18 am (dawn next day)

The ruling is that it is wajib to pray each prayer in its first time.
Praying in the second time is only for people who have valid excuses as
outlined in the Explanatory Notes and Notes of Sources for Song 11.

[As a side note, the timings of the prayers in Maliki Fiqh is the hardest
 part of the school to learn and practice.  Thus, if one has mastered
 this, one is likely to have an easy time with learning and practicing the
 rest of the school.]

Reference(s):
     See Notes of Sources Entries for lines 387-408 of the Guiding Helper


Wajibs of Prayer

> What is the proof for saying one salam at the end of the prayer
> instead of two salaams?

From the Notes of Sources:

342 Guiding Helper Line #444

Guiding Helper Excerpt:
   Say, "Assalamu `Alaykum" once and you're done.

Proof(s) from Secondary Text(s):
   Uttering the terminating salam is wajib 383 ... and its words
   are "assalamu `alaykum" ... The imam and the person
   praying alone only make one salam [starting with the face looking
   straight ahead] and ending up with the face
   turned to the right.
   [QF: volume 1: page 61: line(s) 3-5: {book 2; chapter 16; beginning}]

Proof(s) from Primary Text(s):
   The key to the formal prayer is purification, it's commencement is
   the takbir, and its termination is the salam.
   [UF: volume 1: page 366: line(s) 15-16: {Ahmad; Ali ibn Abu Talib}]

[Notice how salam above is in the singular form and not plural form "taslimatayn".]

   The Prophet (May Allah bless him and give him peace) used to make
   the terminating salam with the words "Assalamu `Alaykum
   [wa rahmatullah]384 ."
   [AM: volume 1: page 101: line(s) 10: {Tirmidhi, formal prayer, volume 2, page 89}]

   `A'ishah (May Allah be well pleased with her) said, "The Messenger of Allah
   (May Allah bless him and give him peace) used make only one salam 385
   [starting] in the front of his face and turning to his right a little bit 386 ."
   [AM: volume 1: page 100: line(s) 13: {Tirmidhi, formal prayer, volume 2, page 90, hadith #273;
    Ibn Majah, call to commence, volume 1, page 297, hadith #908}]

   Anas ibn Malik said that the Prophet (May Allah bless him and give him peace),
   Abu Bakr, `Umar, and `Uthman used to all make only one terminating salam for the
   formal prayer.
   [AM: volume 1: page 101: line(s) 1: {Hafidh Haytami, mujma`, volume 2, page 147-149;
   al-Bazar; Tabarani in his Kabir and Awsat; Hafidh Zayla`i 387 ; Bayhaqi, kubra, volume 2, page 255}]

385 As for the hadith which state that he made two salams, it may be that such does not apply to wajib prayers
but only to mandub prayers. Additionally, the second salam could be optional. Another
explanation is that he used to make two salams in the beginning of his prophethood but
then confined himself to one salam near the end of his prophethood. And `A'ishah and the people of Madinah
would be more knowledgeable about such matters than for instance the hadith scholars of `Iraq and the East.

Sunnahs of Prayer

> Is it a stressed sunnah to recite a Qur'anic verse or surah
> during the 3&4 rakas of Dhuhr, Asr, Isha, and the 3rd raka of
> maghrib?

No.  It is not a stressed sunnah to recite any selection of the
Qur'an after the Fatihah in either the 3rd or 4th unit of
Dhuhr, `Asr, Maghrib, or `Isha' or for that matter in any mandub prayer
either.

References:
   Guiding Helper Explanatory Notes (footnotes 865, 869)
   And entries in the Notes of Sources for the Bare Main Text
   (for lines 517-518) of the Guiding Helper).


> What is the audibility (i.e. loud or silent) of the takbirs and 'sami'
> Allah liman hameedah' in the fard prayer? Should one do the contrary, is
> as-sajda as-sahw necessary?

It is fadilah (not sunnah muakkadah) to say the takbirs and sami`allahu
liman hamidah outloud in fard prayers if one is the imam or is
praying alone [as for the follower of an imam, it is better for him
to not raise his voice behind the imam (unless he is acting as
a conveyer of the imam's takbir, tahmids, and salam if the
group is large and no loud speaker system is present)].

There is no sujud al-sawh for acting contrary to this recommendation.

References:
Arabic Reference:
[{al-Khurashi `ala Mukhtasar Khalil, volume 1, page 275,
"Jahr and Sirr"}]
English Reference:
Guiding Helper Explanatory Notes footnote 870]

> I have a question concerning the prostration of forgetfulness,
> as mentioned in the book "Kitab Usul-ud-Deen" by the West African
> Maliki faqih of two centuries ago Sheikh Uthman Dan Fodio
> (Raheem Al'lah). He mentions that when one thinks one has
> mistakenly ommitted some obligatory portion of the prayer
> (a prostration, the recitation of Qur'an after the Fatihah), or
> more than three sunnahs of the prayer, one should keep going from
> the point where you realize it and do two extra prostrations after what
> would otherwise be the final prostration, and then follow these with the
> Tashshahud, Salat-An-Nabi, and Taslim. Sheikh Dan Fodio also
> mentions that if you beieve you may have added something out of
> forgetfulness, you should add the prostration(s) of forgetfulness after
> the Taslim.

Please note that we have summarized the ruling for the prostrations
of forgetfulness according to the popular opinions in the Maliki school
in Song 18 and its Explanatory footnotes.

Basically, prostrations of forgetfulness are made for four things:
(1) missing a stressed sunnah, (2) adding words that do not resemble the
words of prayer or adding non-extreme actions, (3) making up a missed
wajib, and (4) doubting about whether one did a wajib action or not.

References:
   Footnote 1070 of the Guiding Helper Explanatory Notes and
   associated entries in the Notes of Sources

The question you ask concerns doubts about a wajib action of
prayer.  The ruling this is to build on what one is sure of and
then prostrate two times after the salam as the quotation you
mention above states.

> Now, perhaps because I have not been a muslim for very long,
> when I am doing salat, I concentrate a lot on maintaining a high
> level of sincerity and I focus a lot on the words I am saying.
> Specifically, quite often when I am in sujud, saying
> "Subhana Rabbi-y-il 'Ala" and thinking hard about the meaning
> of Al'lah's being the Rabb-il'Ala, and watching my heart to make
> sure it does not vacillate or amend or qualify the condition of
> complete submission on my part which is implied by Al'lah's
> being the Rabb. In concentrating so much, I often become less
> aware of the outward order of my devotions.
>
> Having been so concentrated in Sujud, I often rise into Julus
> slightly insecure about whether I have just completed the first or
> second sajda. Many times, I am fairly certain that I have just
> done two prostrations, but then if I can't remember the two
> sajda specifically, that is, if I can't perfectly recall all my
> thoughts while I was making sajda and in the julus between them,
> then I become insecure and wonder:  "What if I didn't make that
> second sajda as I think I did?" . I end up doing the prostration
> of forgetfulness rather often as a result.

The Maliki scholars have come up with a little "trick" to help
people like you out who have trouble remembering whether the
prostration is the first one or the second one.

The "trick" is to keep your feet in a different posture for each
prostration.  For the first prostration, keep both your feet vertical
with toes on the ground facing the qiblah.  Then, when you sit up
between the two prostrations, you should take the "warak" posture
which involves leaning on your left side and placing the left
foot under the right leg (see figure 12-13 in the Explanatory Notes).
Then, when you go into the second prostration, keep your left
foot under your right leg.  This way, you will be able to tell
which prostration you have just completed by looking at the placement
of your left foot.

Similarly, delaying the takbir for the third unit until having stood up
and taken a deep breath (see footnote 966) will help you remember
how many units you have prayed.  As if you remember that you
already took a deep breath, you know that you must have already
completed two.

> But then Shaikh Fodio also says that doing the salat of
> forgetfulness unnecessarily invalidates the prayer.

If a prostration of forgetfulness is made after the salam, it
cannot invalidate the previous prayer (since if it were unnecessary)
the previous prayer would have ended with the first terminating salam
before the prostrations of forgetfulness.

It is only unnecessary prostrations of forgetfulness made *before*
(not after) the salam that can invalidate the prayer:

References:
   Footnote 1055 of the Explanatory Notes of the Guiding Helper
   Arabic Reference: [KF: volume 1: page 61: line(s) 25-27:
    {formal prayer, acts that invalidate prayer, act 21}]

> My question is: do I do the Tashshahud and/or the
> Salat-an-Nabi during and after sunnah prayers in the same manner
> as during fard prayers?

Yes.  Mandub/sunnah prayers can be read in exactly the same
manner as wajib/fard prayers.

References:
    [QF: volume 1: page 60: line(s) 12-27: {book 2, chapter 15}]

> Is it an obligation that the Iqamat, said by one praying alone,
> should be said after the Iqamat has been said in the nearest local
> masjid or is it jus preferable?

As is noted in footnote 895, the Iqamah (Call to Commence) is a less-
stressed sunnah. Prayer is correct without less-stressed sunnahs
as in noted in footnote 405.

Fadilahs of Prayer

> I recently purchased a copy of the Guiding Helper
> and I am very happy with the text walhamdulilah. I am
> most familar with Shafi'i fiqh but also very interested in
> Maliki fiqh and comparative fiqh. My mother's family come
> from Sicily and I was recently reading a book entitiled the
> History of Islamic Sicily and I was very pleased and amazed
> to learn that Asad ibn Furat, the student of Imam Malik, led
> the Muslim army into Sicily. I also learned that Sicily was similar
> to Andulusia and had some Maliki scholars. For this reason, I am
> interested to learn more about the madhab of my ancestors and
> I look forward to asking you questions in the future.
> There are few questions that I had regarding differences amongst
> the Maliki ulema. I had read that Qadi Abu Bakr ibn al-Arabi and
> Ibn Abdul Barr held many different positions from the majority
> Maliki ulema.

Any school of knowledge will inherently have "popular" opinions
and less-known minority opinions.  Only the ignorant will deny this.
The scholars you mention are known for narrating many minority opinions.

Although the Guiding Helper contains mostly popular opinions,
it has been our view (and the view our teachers) to accept minority
opinions as being valid.

> I had also read that Qadi Iyad held that the hands should be folded in the
> fard salah. I had a few more questions regarding these differences.

Yes.  Folding the hands is a minority opinion in the Maliki school.

Reference:
  [Ibn Tahir al-Jib, madhab al-maliki wa adillatuh, salah, qabd al-yadayn]
  [The Maliki Madhab and its proofs]

> Have any of the great Maliki ulema advocated any of the
> following positions in the fard salah?
>
>Opening supplication

Tolerated but not recommended by the greater Maliki scholars.

Reference:
   [QF: volume 1: page 56: line(s) 10-11: {Book 2, chapter 10, issue 2}]

> Seeking refuge
> Bismillah

Tolerated but not recommended by the greater Maliki scholars.

Reference:
   [QF: volume 1: page 56: line(s) 14-15: {Book 2, chapter 10, issue 2}]

> Raising the hands with each takbir.

Is one of two opinions narrated from Imam Malik himself
and is the minority position in the school.

Reference:
  [AM: volume 1: page 92: line(s) 9: {book of prayer, opening takbir,
   section 3}]

> Two salaams at all times with "with rahamtullah"

This is an established and accepted minority opinion in the
Maliki school.

Reference:
   [QF: volume 1: page 61: line(s) 5-6: {Book 2, chapter 16, first paragraph}]

> Folding the leg under only at the last sitting as opposed
> to the first and second.

Tolerated but not recommended by the greater Maliki scholars.

Reference:
   [QF: volume 1: page 59: line(s) 22-24: {Book 2, chapter 13, issue 1}]

> Is it permissable to count which raka you are on with your fingers,
> as you would while making dhikr? I heard from a Shafi'i Faqih
> (actually in his wife's pamphlet) that a new Muslim can say Allahu
> Akbar 18 (I think it was 18) times in each raka counting on his/her fingers,
> so I assume that counting Raka's for one who is perpetually forgetful and
> always losing his place might be permissable. However, I was concerned that
> it might be adding something to the Prayer which is not a part of it.

This is a permissible act in the formal prayer which will not affect its validity.  However,
some Maliki scholars may count it as "playing around with fingers" and as such may
be labeled by them to be disliked.  [As a side note, this act is explicitly labeled as
disliked in the Hanafi school [Reference {aasaan, fiqah, salah al-tasbih}]].

Also as a side note please note that the Malikis do not need to resort to such
counting rak`ahs on their fingers as there is something built into the prayer
that helps one remember how many one has prayed:  and that is the
delaying of the takbir for the third standing after one gets up and takes
a deep breath.  Then, one can remember whether one has taken that deep breath
to remember which rak`ah the person is on.  Similarly, some Maliki scholars
recommend common people to keep both feet vertical in the first
prostration and to leave the left leg folded under the right (after the sitting
between the prostrations) in the second prostration to help remember
which prostration one is on.  Similarly, one can consciously move one's
fore-finger for the tashahhud in the sitting posture to remember whether one
is one has just prostrated for the first or second unit.

References:
   Footnote 1069 of the Explanatory Notes and Associated Entries in the
    Notes of Sources.

> I had a question regarding the staring forward during the qiyam instead
> of looking to the ground.
> Can you please supply the textual evidence for that? Is it based
> on 'Amal, ahadith, or both?

This is the popular position in the Maliki school narrated from
Imam Malik himself.

The proof for this position is mentioned in the Notes of Sources
for the Main Text of the Guiding Helper - in the proof for lines 565-566
of the Guiding Helper "Wear a cloak or a long shirt. And look straight
ahead."

The popular book in which the Maliki proof is mentioned is called "Tafsir Ibn Kathir"
for the verse in Surah Baqarah "And make your faces *face*
the direction of the Sacred Mosque." Now Allah does not tell us here to make our
faces *face* the ground.

We honestly believe that the scholars who have given contradictory
views on this subject and similar subjects (for which apparently
contradictory hadith exist) have interpreted the hadith out of context.
Now if they were indeed qualified mujtahid imams (e.g., Imam Shafi`i and
Imam Abu Hanifah), then this mistake is forgiven and they get credit for trying -
and their followers are rewarded for following them. This is
the view of the authentic scholars on such subjects in which there is ikhtilaf.

References:
[UF: volume 2: page 1103: line(s) 1-4: {chapter 7 on ijtihad,
those who say a mujtahid can err, but is still rewarded}]

> If I am praying behind a Shafi'i brother in the Subh prayer
> and he raises his palms for the qunut, should I just leave my hands
> by the sides or should I raise my palms also?

You may do either according to the Maliki school; however, the preferred
position is to leave the hands to the side for a Maliki imam who is
leading the prayer..

References:
   Footnote 954 of the Guiding Helper and associated entries in the Notes of
   Sources.



> In the Guiding Helper, it is stated that there are many
> authentic ways to point in the tashhud within the Maliki school. I am
> interested to know all of the various authentic positions within the
> Maliki school.

Entry 333 of the Notes of Sources for the Main Text describes the
various positions narrated from the Maliki scholars.

Basically, the thumb and forefinger are somehow kept straight and the
pinky, ring, and middle finger are somehow folded.


> When is a mubalagh (if that is the correct word, meaning a musallih
> who repeats the Imam's takbirs in a loud voice) elected? Some Maliki
> friends in the Murabitun always elect a mubalagh even though the jamaa`a
> may be very small, though other Maliki friends don't do this, such as those
> who have studied with Sheikh Hamza or know Muhammad Shareef.
> What is correct, or should I say, more correct?

The enaction of a muballigh or musmi` (one who conveys the takbir,
tahmid, and salam) is merely mubah in the Maliki school.  This is regardless
of the group size, location, or whether or not a loud speaker is being
used.  What this means is that there is no fault on those who use
a musmi` and there is no fault on those who do not use one.

However, it is of adab that when a musmi` is not needed (for example
when a working loud speaker is present) that no man should self-appoint
himself as the musmi`.  Rather, in such a case, a man should take on the
position of the musmi` only on the prior command of the imam.

Now if a loud speaker system stops working in the middle of the salah
such that part of the group can no longer hear, then it is not against
adab for a man in the middle of the jama`ah to take on the position
of the musmi`.

References:
   [KF: volume 1: page 78: line(s) 35: {Imamah, question 4 (ja'izat al-salah,
    point 8 (taking on a musmi`)}]

    "(8) And it is mubah to take on a musmi` who conveys to people
     by raising his voice the takbir, tahmid, and the salam so that the people
    (who are unable to hear) can still follow the imam."

   [Muhammad al-`Arabi al-Qarawi, accepted scholar and author of
    the standard beginner's Maliki text al-Khulasah al-Fiqhiyyah used
    in Qarawayeen University]

>From what I remember, in the shafii school a mubalagh is elected only
> when the jamaa`a is enormous and the back ranks might not otherwise
> hear the Imam, or the back ranks spill out into the courtyard and the like.
> Forgive me if you catered for this in the commentary, but I don't remember
> reading about it.

No.  We have not mentioned this point explicitly in the Explanatory Notes, but since
you mention it we may add it to the footnotes of the Notes of Sources.

Thank you for your question and may Allah reward you for your
interest in the din.

Disliked Acts of Prayer

> Footnote 798 mentions where its makuh to pray. what is the ruling for
> praying in a western bathroom, where the toilets are separated by a wall?

The ruling we have narrated in footnote 798 is the most lenient available
in the Maliki school.  This ruling is taken from (Khulasah al-Fiqhiyyah
[KH: volume 1: page 51: line(s) 29-32: and page 52: line(s) 1-2).

The primary text proof for this ruling is the Prophet's (May Allah bless
him and give him peace) statement:  The entire earth has been made a
place of prostration for my nation and [is considered] pure.
[Ahmad, hadith #21183]


The answer to your question is in al-Ma`unah `Ala madh-hab `Alim al-Madinah
[AM: volume 1: page 149: line(s) 12-14]:

   It is disliked to pray ... in bathrooms [as they are likely to have
   impurities around].  However if a person can find a spot free of
   impurities, then it is permissible to pray in such places [e.g.,
   bathrooms].

We would label praying in bathrooms to be near the end of the list of
permissible places to pray.  A prayer in a bathroom will be correct
but it is only a last resort to being unable to find a place to pray
otherwise.  If one does pray in such places, one should first lay
down some pure material (e.g., papers, a towel, a prayer rug, etc.)
so that the area in which one prostrates is sure to be pure.  [As we
only look at the first layer of the ground on which one prostrates
to determine whether or not it is pure.  For example, if one lays
a clean wooden plank over some impurities and then prays on this
plank, one's prayer will be correct.]

Acts That Ruin Prayer

> (1) Is there a concept of the prayer being invalidated by excessive
> movements?

Yes.

References:
   Footnotes 1055-1056 of the Guiding Helper Explanatory
   Notes and associated entries in the Notes of Sources.

> If so, what is the definition of such movement?

The definition is:

   a) The movement is not desired in the prayer
   b) The movement lasts as long as a essential (rukn) of prayer (e.g., ruku`)
   c) The movement is not among or similar to the stated exceptions (e.g., walking
        forward or backward two or three meters, picking up something from
        the floor which fell while standing).
   d) The movement in measure is comparable to an essential of prayer (e.g.,
        sujud).  Thus, minor movements and sounds are forgiven.
   e) The movement is noticeable from a distance (e.g., flapping one's
        arms up and down continuously, jogging in one's place, etc. [(e) is
        similar to (d) above].

> (2) If one clears one's throat in salat, by coughing, will this count
> as 'blowing', and thus invalidate the prayer?

No.  All this is covered in Song 19, its Explanatory Notes, and the
associated entries in the Notes of Sources.

> What if this is done because one cannot continue to recite
> without clearing the throat?

Clearing one's throat out of need is forgiven.

References:
   See Notes of Sources for line 673 of the Guiding Helper.

> (3)Does 'excessive' coughing invalidate the prayer?

No.  Unless it is done on purpose repeatedly as it will
then resemble a "grunt".

References:
   See Notes of Sources for line 648 of the Guiding Helper


Recitation Questions

> My parents insist that I pray Fajr with Fatihah and Qur'an.
> They told me the Prophet (Peace and Blessings upon him) prayed it
> and included Surah 109 in his recitation. Do you know whether this is true?

The mash-hur opinion is what we have narrated; however, big Maliki scholars
such as Ahmad Zarruq recommended that one utter qul ya ahhuyal kafirun
in the first unit and qul huwa allahu ahad in the second unit in the Fajr prayer
after the Fatihah.

There are sahih hadith to back up both positions.  But, we believe that
Imam Malik's own position (which is no surah after Fatihah is
recited in Fajr) is more accurate since he was closer to the Prophet
(May Allah bless him and give him peace) than the later hadith scholars
such as Bukhari and Muslim.


> How many Qur'anic words must one have added
> in order to require one to perform as-sajda as-sahw (after
> the salam),
> i.e. after beginning a surah after the fatihah in the third
> or fourth rak'ah of a three or four rak'ah prayer?

Adding words from the Qur'an at these locations will not make
sajda sahw necessary as is noted in the later part of Song 19
(lines 667-668) and its Explanatory Notes which explains in which
circumstances sujud al-sahw is not requested of the individual.

Reference(s):
  Footnote 1007 of the Explanatory Notes and associated
  entries in the Notes of Sources
  [QF: volume 1: page(s) 67: line(s) 8-9: {book 2, chapter 11, section 1,
   six derivative rulings, derivative ruling 3}]



> How many words must one have failed to have recited
> with the correct audibility (i.e. 'aloud' in 'quiet' prayers, and
> 'quietly' in 'aloud' prayers) in order to require one to perform
> as-sajda as-sahw?

Equivalent to half of the Fatihah (3 verses).

> Does repeating the relevant ayats eliminate the need
> to perform as-sajda as-sahw; for instance, starting the
> recitation of the fatihah aloud from the beginning, in
> Subh for example, after initially reciting a little to oneself?

If the ayats are from the following selection of the
Qur'an (and not from the Fatihah) it will eliminate
the request to perform sujud al-sahw.

However, repeating the Fatihah from its beginning
after reciting 3 or more verses with the wrong volume
level will make prostrations of forgetfulness mandub
after the salam.

Reference(s):
  [KF: volume 1: page 67: line(s) 5-8: {sujud al-sahw,
   question 6, the people who are not requested to
    perform sujud al-sahw}]



> It is necessary to recite 'aloud' in the 'loud' prayers
> (meaning: loud enough for a person close to one hearing
> one's recitation).

There is no need to raise one's voice beyond hearing oneself.
But, it is better if one raises it slightly more so that a person
standing right next to one can hear one.

References:
   Footnotes 870 and 1084 of the Guiding Helper Explanatory
   Notes and associated entries in the Notes of Sources.

> Should one recite at this level of audibility
> when one rises from the group, in the 'loud' prayers, after
> arriving late to the group prayer and,

Yes.  Followers making up their prayer after the imam's salam
should use the correct volume level for the recitations.  However,
again you can always confine yourself to reciting loud enough
so that you hear yourself but the person next to you does not
hear you in all prayers and you will fulfill the requirement.

References:
   Footnotes 870 and 1084 of the Guiding Helper Explanatory
   Notes and associated entries in the Notes of Sources.

> at the same time, one
> has others praying by one's side?

It is not valid in the Maliki school to take a latecomer making
up the parts of his prayer that he missed as an imam .

References:
   Footnotes 1249 of the Guiding Helper Explanatory
   Notes and associated entries in the Notes of Sources.

> 2) In the GH it is stated that the maximum soft volume is
> sufficient while reciting the loud parts of a prayer, for example the
> 2 first rakĀ“a of Maghrib. Then I want you just to confirm if it is ok to
> use the maximum softvolume throughout a whole prayer, since the last
> rakĀ“a in Maghrib or the remaing 2 rakĀ“as of another wajibprayer also
> is to be read softly.

Yes.  This is correct and has already been answered with references in the
Previously Asked Questions section in the category of "Recitation in prayer"
in the Formal prayer section.

 Group Prayer Questions

> Is it permissible to stand in a row by oneself?
> Does one call someone back from the row infront? If so,
> who does one select and from where?

The popular opinion in the Maliki school states that
it is mubah to stand in a row by oneself and it is
preferred that one should not pull back anyone from
a row front of one even if one is standing alone.

References:

 "Whoever does not find a space in the last
  line should pray behind it by himself and
  he should not pull anyone towards him.
  This is in opposition to what Imam Shafi`i
  has said.  And such a person's prayer is
  [totally] correct and this is in opposition
  to what Imam Hanbal has said..."

[QF: volume 1: page(s) 63: line(s) 22-24:
 {Book 2, chapter 16, section 3, issue 5}]



> If one arrives in the mosque and the last row
> is divided, i.e. one group is in the centre, and
> another is on the side, which group should one join?
> Does age play a factor in deciding this matter?

This is just an issue of gaining a small mandub.
One will gain a small mandub for standing closer
(i.e. in the center) to the imam as the Prophet
has recommended that men stand closer to the
imam (e.g., in the first row).

> When one arrives late to the Jama'ah, does one recite
> only the tashahhud, or both the tashahhud and Durud, when sitting
> in the jama'ah's final sitting, after one has missed the first rak'ah?

The practice of stressed sunnahs and less-stressed sunnahs is
only optional for the follower of an imam while he is following
the imam.  Thus, he may either recite the tashahhud and
following blessing on the Prophet and Ibrahim (May Allah bless them
and give them peace) as an optional mandub act or choose not
to recite these and remain quiet.  This is true regardless of whether
he showed up late to group prayer or not.

Reference(s):
  Guiding Helper Explanatory Notes footnotes 840 and 1015
  and associated entries in Notes of Sources
  [KF: volume 1: page(s) 69: line(s) 31-33: {sujud al-sahw, question 10, is
  the follower responsible for adding [actions] or missing [sunnahs]}]

> Is it permissible to pass infront of people
> and young children if one notices a gap in a row
> infront of the last row, but one which can only be
> reached by passing infront of another (i.e. between
> the space that should exist between the sutra and
> the person praying)?

Yes.  It is permissible

References:
   Footnotes 893 of the Explanatory Notes of the Guiding Helper
   and associated entries in the Notes of sources.

Please note here that the popular opinion in
the Maliki school states that the distance which
one may not pass is only one meter from the feet
of the person praying (about the place where one
places one's head in prostration).

Other opinions in the Maliki school state that the
distance is equal to three meters (the distance
of attack with a 2 meter spear while still holding
on to the spear).  Other opinions state that the
distance is as far as the eye can see.

> I had a question regarding making salat after the jama't has already made it.
> Is it makruh to make the prayer in jama'at after the jama'at has already made it?

As footnotes 1281 and 1282 of the Guiding Helper explanation state, it is disliked
to have a second group prayer after an imam is done in a masjid in which that
imam has been specifically appointed to lead prayers.

If a place of prayer has no specific appointed imam, then it is not disliked in the
Maliki school to have repetitive multiple group prayers (one after the other).

References:
   Notes of Sources entries for lines 785-786 of the Guiding Helper



> Can a child lead a prayer before he reaches puberty?

Only if it is a mandub prayer like tarawih.

Also, children may lead other children in wajib prayers.

References:
   Footnote 1237 of the Explanatory Notes of the Guiding Helper
   and associated entries in the Notes of sources.

> I had a question regarding taraweeh prayers. Can one pray isha
> prayer after taraweeh or is it haram to do that?

Tarawih is treated like tahajjud prayer in the Maliki school.
Thus, the time for it is after praying `Isha and before
praying Witr.

> Also, if one prays in a masjid where only eight rakas are performed,
> does one have to make up the rest later on?

No.  One does not need to make up the rest later on as twenty (or thirty
six according to the popular opinion) is just the recommended maximum
number of units prayed.

References:
   [KF: volume 1: page 95: line(s) 18-20:
    {salah, nawafil, question 2, section 9}]

> What is the ruling of praying behind a Shia? Zaydi? 'Ibadi?

We are narrating the opinion that if they perform the wajibs
and stressed sunnahs (noted in Songs 14 and 15), then praying
behind them is permissible.

Generally speaking, there is difference of opinion in the Maliki
school about praying behind a person who has non-takfir errors in his
`aqidah (like most Shi`ah, Zaydi's, and neo-Khawarij (e.g., salafi or
`ibadi)).  Please refer to the question in the Belief's section about
this for information about the "agreed upon acts that take one outside
of the pale/sphere of Islam".  If someone is publicly known to commit
one of those 21 acts, then praying behind them is *not* valid.

[As a side note, our advice to all young people who were brought
up as a Shi`ah, Zaydi, Ibadi, Salafi, etc. is that they adopt the
beliefs outlined in the Guiding Helper Songs 2 and 3 and thus
be within the safe-heaven of the traditional scholars all the
way back to the Prophet (May Allah bless him and give him
peace) as far as beliefs are concerned.]

Reference(s):
  [QF: volume 1: page 62: line(s) 3-5: {book 2, chapter 17, section 1,
    issue 6, praying behind someone with bid`ah in his `aqidah}]
  Guiding Helper Explanatory Notes, footnote 1241

Friday Prayer Questions

> What time is meant by 'the morning' in note 1349
> concerning the time it is permissible to travel away
> from home on Friday?

By morning, we meant before high noon on that day (even if only five
minutes before high noon).  This is taken from the common English
usage of morning as the period of time after sunrise until noon time.

Now please note here that some scholars outside of the Maliki
School (e.g., Hanafi) have declared traveling away in parts of
the morning on Friday as also unlawful.  I think this
is where your confusion is coming from.

> Does the 'should' in this note refer to a recommendation or a legal
> order (i.e. a wajib - hence, a ruling similar to the Shafi'is)?

As the main verses state "It is not lawful to travel away at noon", the
ruling is that of obligation (wujub).

Reference(s):
  [QF: volume 1: page(s) 73: line(s) 7-8: {book 2, chapter 11, section 1,
   six derivative rulings, derivative ruling 3}]



> Can a person leave their home at, for example, 11am on a Friday -
> i.e. before the noon cut-off point - and travel to a place where there is no
> jumu'ah for 4 miles at the time of the adhan for jumu'ah? or, would they be
> obligated to travel to a mosque for jumu'ah, because of their departure time?

If the purpose of their departure from the Jumu`ah area is to find
a loophole around the law obligating them to go, then their departure
does not have any effect on the obligatoriness of the Friday Prayer
on them; they are still requested to go.

If they are departing for another purpose (e.g., for an important
meeting, to go to a doctor, to travel away, etc.), then they
are not obligated to go to Jumu`ah if they are more than
four miles away from the Masjid when the adhan is called.

Reference(s):
  Footnote 515 of the Explanatory Notes and associated
  entries in the Notes of Sources.



> Is a person obligated to move to an area, in the West, where a
> valid Jumu'ah exists within a 4 mile distance? or, could they just persist
> in performing dhuhr on a Friday with no blame being upon them?

There is no obligation to move to such an area, but moving to such an
area where Jumu`ah is held is mandub.

The primary text proof for this is that the Prophet (May Allah bless him
and give him peace) did not obligate the desert Arabs to move to Madinah
after the Jumu`ah was enacted.

The secondary text proof for this is that the Maliki scholars have specifically
stated that those living away from populated areas with regular masjids are
not obligated to go to Jumu`ah, but may pray Dhuhr instead.

Reference(s):
[KF: volume 1: page 91: line(s) 5-11: {jumu`ah,
   question 4, definition of istitan}]



> My question bifadlik is that if a person joined in on the second raka^ah
> of the friday prayer before the Imam lifted his head from the ruku' but
> the ma'mum thought that he had missed the whole prayer and as a result
> after the Imam finished his prayer then the ma'mum stood up and prayed
> four raka' of dhuhr out of ignorance of the ruling, then what is the
> judgement of that persons friday prayer and was the dhuhr from them valid?

The judgement is that the Friday Prayer is obviously invalid for the ma`mum
since he did not intend to pray it (or changed his intention after the
imam's terminating salam).

References:
   Guiding Helper Explanatory Notes, footnote(s)  817 and 1294
   and associated entries in the Notes of  Sources for the corresponding
   lines in the Guiding Helper.

The judgement for the following Dhuhr prayer depends upon
the intention of the ma'mum upon the imam's terminating
salam.

If the Ma'mum intended to pray Dhuhr after the imam's salam,
the prayer is valid as a Dhuhr.  If he made no intention for
any specific prayer or delayed his intention, then the prayer is invalid
as all wajib prayers must start with an explicit intention to pray a
particular prayer.

References:
   Guiding Helper Explanatory Notes, footnote(s)  817 and
   and associated entries in the Notes of  Sources.

There are more complications to this ruling and differences
of opinion are likely for such detailed subjects.


> I have read the chapter on Friday Prayer,
> and have not quite figured this one out:

Please note that if something is not very clear in the
Guiding Helper texts, it usually indicates that we on-purpose
omitted strict details which would make practicing the act
very difficult or impossible for the common person living in
non-Islamic circumstances.

Also please note in such circumstances, one can deviate from
popular opinion (to a minority opinion) to make the din more
practicable for the common man.

With such in view, we will answer your questions below.

> If one lives in a non-muslim country, does thier Jummah
> prayer still count in place of Dhuhr?

Yes.  In the Maliki school, it is not a precondition
for the correctness of Jum`ah that the governors of the
land be Muslim and establish it themselves.  However, the popular
opinions in the Hanafi and Shaf`i schools state that this is a precondition
(but anyway, minority opinions exist in the Hanafi and Shafi`i
schools which allow Jum`ah to be prayed in a non-Muslim country).
And it is only those that do not have extensive knowledge of a particular
school of Jurisprudence which would deny the existence of authentic
minority opinions.

Thus in summary, those living in Europe, America, and other countries
(which presently do not have Muslim governors) may pray Jumu`ah in
an appointed location for the Friday Prayer and there is no need to
repeat the prayer as a Dhuhr.

Reference:
  [KF: volume 1: page 90: line(s) 19-20: {Friday Prayer, question 1, middle}]

> If one attends Jummah at a University, where a classroom or
> the likes is used on that day (to accomodate numbers larger
> than the prayer room can,) is that still considered a valid
> Jummah (still in a non-muslim country.)

The strict ruling for this in the Maliki school would be that the classroom
will not serve to fulfill the precondition of the "masjid in a city".  The masjid
must be a devoted building for the worship of Allah - however, it is not
necessary that all five prayers be prayed at this masjid.

Reference:
  [KF: volume 1: page 92: line(s) 3-12: {Friday Prayer, question 8, end}]

We would offer the following dispensation for those living the West
based upon what we know of the disagreement within the Maliki school:

   a) If there is no real masjid within four miles, such a person present near
      the "classroom masjid" is not obligated to go to Jumu`ah.
   b) If there *is* a real masjid within four miles, such a person present near
      the "classroom masjid" *is* obligated to go to either the *real* masjid
      or the "classroom masjid" (of course assuming that he does not have any
      serious excuse to miss Jum`ah (see footnote 1311 of Explanatory Notes)).
  c) In case (a) and (b) above, those that pray at the "classroom masjid" need
     not repeat their prayer as a Dhuhr.

Reference:
  [QF: volume 1: pages 83-74 {book 3, chapter 21, section 2 & 3}]

> If the Jammat consists of students who are citizens of other countries or
> states, does thier intending to stay and study at the university for most of
> the year make them residents of that local?

At least twelve of them must have taken the locality as their permanent residence.
What this means, is that they engage in "daily" activities that the local residents
engage in (e.g., grocery shopping, buying other "daily articles", fixing up their
residences, etc.)  So, students who are staying for long periods (e.g., one-year,
two-years, or more) would be considered "permanent" residents even though
they may be citizens of other countries.

Reference:
   Line 825 of the Guiding Helper and associated entries in the Notes
   of Sources.

> Due to these issues, some Malikis (and others) pray 4 rakas
> of Dhuhr afterwards to be sure. Sometimes I do this, but since
> there are seemingly knowledgeable people (one almost has Izaza
> in Shafi'i) at these prayers that don't, I'm not confident in what I
> should do.

If our dispensation above is followed, there is no need to
repeat Jum`ah as a Dhuhr.  Otherwise, the strict opinion in the
Maliki, Shafi`i, and Hanafi schools state that the "classroom masjid"
situation you describe does not fulfill the qualifications of a valid Jum`ah.

As a final note, we were asked this question earlier by inmates at a prison
who pray Jum`ah in a closed locality and we gave them a similar dispensation
(in that they may either pray it and get credit or forsake it and be
excused - due to the disagreement on this subject within the schools of
Jurisprudence).

Prayer While Travelling

> Is there a rukhsa (any madhab) to pray a wajib prayer sitting down
> on a plane? i was unable to pray standing on a plane b/c the free
> area was by the bathroom and ppl were standing there.

Last time we were in a plane, We had a similar problem;  So, what we
did was:

   a) We stood up right in front of our seat (when the seat-belt sign
      went off) and prayed standing right there (facing the qiblah's
      general direction).  A person can motion for the bowing and
      prostrations by raising and lowering his hand or by tilting his
      head and torso towards the floor or alternatively, he may bow
      with a motion and then sit back on his chair for the prostrating
      and sitting postures

If the above Maliki ruling is difficult for your circumstances, then you
may take the Hanafi Rukhsa of being able to pray while sitting
facing any direction while in a vehicle of transportation over which
you do not have control.

References:
    a) Guiding Helper Explanatory Notes (footnotes 845-847)



> Is there a rukhsa (any madhab) for praying a wajib prayer in the car?
> although we can combine/shorten prayers, I'm in my car for a long time
> and its hard to find a place to pray, especially in unfamiliar areas.

In cases of extreme fear, one may pray a wajib prayer in one's car.
However, normally one should try to find commonly available places in
which one will not be disturbed or molested.  Among these types of places
are:

    a) Public parks (even if people are present)
    b) Quiet private study rooms in libraries and other buildings
    c) Empty classrooms/rooms in buildings where security is low
    d) Alongside a Christian church or other locked place of worship
    e) Outside playgrounds

And the list goes on.  One will find it is not really that difficult
to find a place if one gets good at it.

Our general advice is for the person who wants to stop and pray is
to choose a place that is generally quiet and not specifically
reserved for other people that might show up.  Additionally,
when descending from his vehicle of transportation, the person
should say the following Prophetic Du`a'

   A`udhu bi kalimaa-tillahi t-taamaati min sharri maa khalaq.
   ("I seek refuge with Allah's most perfect words from the
     evil that He has created.")  And insha'allah nothing will
     harm him.

   (Sahih Muslim; Muwatta' Malik; al-Tirmidhi)

Additionally if one is suffering from fear of people,
one should keep repeating the following Qur'anic dhikr
until the fear goes away:

    "Hasbunallahu wa ni`mal wakeel"
    (Allah is sufficient for us and He is a wonderful Protector."
    (al-Quran [3:173])

This ruling is for males.  As for females, they may pray in their cars
if they are alone and fear their surroundings for reasons of safety
and protection of their integrity.

Additionally, this ruling does not include mandub prayers which may be
prayed sitting down in vehicles of transportations.



> If one is travelling from 5am-7am, and fajr enters at 5:30am
> and ends at 6:40am, is there any excuse to pray fajr early, before one
> leaves home?

No.  One should try one's best to stop (even if for five minutes) and
pray Subh prayer (even if only with dry ablution), even if only
standing and motioning (for males) or only sitting (e.g., in a car
for safety reasons) for females that are alone.

If one cannot do the above, then one should pray Subh after 7am (after
the time for it passes) as Qada' and ask Allah for forgiveness.
It is not valid to pray any prayer before its first time arrives.
All such prayers prayed before their first time arrives are considered
invalid (except when joining Dhuhr and `Asr and Maghrib and `Isha').

References:
   Guiding Helper Explanatory Notes, footnote(s):  677, 1366
   and associated entries in the Notes of Sources

> If one is travelling from 11am-4pm, and dhurh enters at 12pm
> and ends at 3pm, when one returns home at 4pm (asr's time),not
> having prayed dhuhr, does one pray dhuhr regularly (4 rakas),
> or does one shorten the prayer (2 rakas).

At 4pm, Dhuhr is not technically Qada' in the Maliki school.
It is still on time until sunset.  [It is less of a sin to
pray a prayer in its second time than to pray it after its second
time has passed by.]  In any case, one would pray both `Asr and
Dhuhr in this example with four units while back at home.

References:
    Guiding Helper Explanatory Notes, footnote(s):  677, 1216
    and associated entries in the Notes of Sources.

> If I leave my house during dhuhr's first time, and i know that i wont
>  return until night, can i do asr before i leave, even though asr is
>  not in?

Only if you plan not to stop before sunset.  If you think you will
reach your destination before sunset, it is not valid to pray `Asr
in Dhuhr's first time.

References:
   Guiding Helper Explanatory Notes (footnotes 927-941) and
   associated entries in the Notes of Sources


> If one leaves home before dhuhr and only returns in asr time, is dhuhr
> prayed with 2 rakas or 4 rakas?

If one is travelling more that 48 miles, then one may shorten the four unit
prayers down to two units from the time one crosses the border of one's
residential town until the time one comes back to its border when returning
home.

It is not valid to pray Dhuhr as two units if one's destination is less than
forty-eight miles away.

If one's destination is more than forty-eight miles away, then one may pray
Dhuhr as two units while on the road and while at one's destination.  [This is
as long as one does not stay at one's destination for more than four days; if
one stays at one's destination for more than four days, then one may only
shorten the four unit prayers while on the road in going and returning.]

References:
   Guiding Helper Explanatory Notes, footnotes 920-926
   and associated entries in the Notes of Sources

I was reading some responses from the Previous Answers section (the section on
the GH's authenticity, where someone is challenging some issues in the text),
and I had the following questions:

> Q1. What is the 'minority' view of joining prayers while travelling that is
> referred to?

There are several "minority" views - the easiest of which is that one
may join prayers (Dhuhr and `Asr or `Maghrib and `Isha') without any
excuse at all (even if not travelling).

And there are other opinions that allow one to join prayers while
travelling even if not hurrying while journeying on land - even if
after reaching one's destination.

> What is the 'Qarawiyyin' fatwa on praying/joining prayers while travelling
> on an airplane?

The fatwa is that one may join prayers before boarding an airplane (even
if there is no hope of reaching one's destination quicker) and that
prayer in an airplane is invalid.

Although that this may be acceptable in certain circumstances, it conflicts
with the popular opinion and this was our only intent in the long
response.  We were not condemning the "fatwa" but we were rebuking
the questioner's ignorance-based attack on the Guiding Helper view
on joining prayers.  The questioner claimed that the view we narrated
was wrong - even though it is the "popular" view - which we have proved.

One thing you have to understand at this point is that the definition
of "popular" is not necessarily "dominant" or "commonly accepted".  Rather,
there are a few issues which *most* contemporary Maliki teachers hold
non-popular views on.  This is where the confusion of the questioner
comes from due to his *assuming* that what he has heard from *most* teachers
is the "popular" and *only* valid opinion .

> Do the above rulings have a valid basis in the Maliki school, even if
> these are minority, and not 'popular', positions?

Yes.  And all non-Path followers of the Guiding Helper are free to
follow them.

As for a reference for these views, the most common of them are mentioned
in the section of the Muqaddimat Ibn Rushd which we quoted.

Mandub Prayers Questions

> My question concerns Explanatory Notes Nos.644(a) and 1217.
> It is stated in Note 1217 that it is unlawful for the person
> who has missed one or more wajib prayers to pray mandub prayers
> except strong sunnah and raghibah prayers.
> What should such a person do if for instance he or she has missed
> prayers since he or she became of age,out of jahiliyyah as opposed
> to intentionally not praying, due to being educated in a secular
> system,and therefore not really knowing anything of our din?
> Should he or she keep making up all those missed wajib prayers
> and not pray Tahajjud,Witr or Dhuha prayers -even the qabliyyah sunnas.?

There is disagreement within the Maliki school and outside the Maliki
school whether an ignorant person should be treated like the person
who "forgets" or the person who "intentionally" performs an act.

But in either case, in the Maliki school, those who forget to pray *and*
those who intentionally do not pray are required to perform their
missed prayers as long as they were still Muslim (which means that they
did not openly reject the testification).  If they openly rejected the
testification, then they are only responsible for the prayers that they
missed after puberty and until rejecting the testification and the prayers
that they missed after re-taking the testification.

Our recommendation for them is that they skip all mandub prayers all
together (except they may *optionally* pray Fajr (before Subh), Witr (and
Shaf`), `Id al-Fitr, `Id al-Adha, Istisqa' (prayer for water), and
Khusuf (Solar eclipse prayer)).  After doing that they should add
wajib make-up units before each of the daily prayers.  So, they would
pray two units make-up Subh and then pray Subh for that day.  Then,
they would pray four units make-up Dhuhr and then pray Dhuhr for that
day. Then, they would pray four units make-up `Asr and then pray `Asr
for that day. Then, they would pray three units for Maghrib that day and
then pray three units make-up Maghrib (since one should try to pray
the current Maghrib as soon as possible). Then, they would pray four
units make-up `Isha' and then pray `Isha' for that day.

They should continue this for the number of years which they did not
pray the formal prayer.  This itself is a dispensation in the Maliki
school and the popular opinion would not allow them to wait "so long"
to make up their prayers.  Rather, the popular opinion requests them
to pray as many make-up prayers as they can as soon as possible.

Reference(s):
  [KF: volume 1: page 65: line(s) 20-26: {formal prayer, making up
   missed prayers, question 1}]

> What about the view of Ibn Hazm in "Fiqh-us-Sunnah" that there is no
> qadha for such persons except repenting to Allah,Most High,pray an
> increased number of nawafil and do good deeds?.

Ibn Hazm's ruling is the ruling of the Dhahiriyyah.  We the scholars
of the Maghrib are very familiar with this school since for many years
this was the official school of knowledge of our lands (before the people
here switched to the Malikiyyah).

The Dhahiriyyah ruling states that the person who *on purpose* does
not pray (knowing full-well that prayer is wajib) is not requested
to later make-up prayer.  The Dhahiriyyah madh-hab bases its legal
rulings on literal interpretation of isolated hadith (like the
Salafiyyah today).  The hadith which they base this ruling on is
noted in ibn Qudamah's al-Mughni:

    The Prophet said, "man taraka s-salata muta`ammidan faqad
    bari'at minhu l-dhimmah" "Whoever leaves the formal prayer
    *on purpose* has absolved himself of responsibility."

Now as we mentioned above, there is disagreement among the fuquha'
as to which category the person who is *ignorant* should be placed in.

Thus, the ruling in Fiqh us-Sunnah is not Ibn Hazm's original ruling
but an extrapolation taken from the disagreement concerning whether the
ignorant person should be treated like the person who leaves it on purpose
or the person who leaves it out of forgetfulness.

Please note here that there is ijma' in the ummah that a person who
leaves prayer out of forgetfulness *must* make up each of his
individual prayers.

Reference:
   [QF: volume 1: page 65: line(s) 24-25 {book 2, chapter 19, section 1}]
   Al-Mughni, Ibn Qudamah al-Maqdasi, Section Leaving Prayer
   (last chapter on book of prayer).

> Dear sidi Abu Qanit, assalamu alaikum. i hope you are well. a brief question
> on making up missed salat.i heard a scholar say that one should use the
> minimal form so as to be cleared of the owed salats (if they are great in
> number).what is this minimal way ? please excuse me if this question has
> been answered somewhere already as i have not read through the
> F.a.q.'s.wassalam and many thanks.tahir.

The minimum form is to perform the first 14 wajibs and 8 stressed-sunnahs
as outlined in the Songs 14 and 15 of the Guiding Helper.

This is the popular Maliki opinion that we have narrated in our
texts (ref: Muqadimat Ibn Rushd, Nadhm, man taraka sunnatah mu'akkadan
`amdan, salatuhu batilan).

A minority opinion states that you need only follow the (first twelve listed)
wajibs and there is no need to follow the stressed sunnahs or anything
else (Ref: Sharh Kafi, Murshid al-Mu`in, stressed sunnahs, al-rajihu
`indahu anna tarka s-sunnatan al-mu'akkadatan `amdan la ubtilu s-salah)

Sorry, we are very busy right now and cannot answer with
more detailed references.

We may have to assign this task of answering questions to someone else
who is qualified.

> I was so happy when I saw that you responded my letter, and I am very grateful
> for all your kindness and effort true letting people use the guiding helper as
> a source and teacher.
> I really dreamed about having a book which could include all the basic rules
> and rituals and my dream came true the day when I founded the Guiding helper.
> Now even though the Guiding helper includes more that I could ever dream of I
> founded a few things hard to straighten out without asking someone. So the
> package of all of my wonderings can be summed by these following questions:
>
> 1) If I decide to pray 4 fadilah rakat connected to Dhuhr, Asr or Maghrib then
> am I supposed to recite an extra sura after the fatiha in every single rakĀ“a
> or is the fadilah prayer to be likened the Dhuhr, Asr and Isha model, i.e.
> only a sura after the fatiha in the first 2 rakat.

The Maliki scholars state that it is always better never to recite an extra
surah after the Fatihah in the 3rd or 4th unit of prayer - regardless of
whether this prayer is a wajib prayer (like Dhuhr) or a mandub prayer like
the four/two units before/after Dhuhr.

This is because according to them, mandub prayers are read in basically the
same manner as wajib prayers [except for that one has a choice about the
volume level of the recitations in mandub prayers unlike wajib prayers, which
have a specific volume level mandated for them; nevertheless, some Maliki
scholars have considered it better to recite the night mandub prayers (e.g.,
tahajjud) with out loud recitations and day mandub prayers (e.g., Mid-morning
prayer (dhuhaa)) with soft recitations.; additionally, it is better to
recite out loud in mandub prayers prayed in group (e.g., tarawih in Ramadan)].

And this is what footnote 1116 of the Explanatory Notes hints at:

  "All of the minor details of the Witr prayer (and other mandub prayers)
   are [for the most part] the same as that of wajib prayers."

Reference(s):
   Associated entries in the Notes of Sources

> 2) Is it ok to pray the fadilah prayers of Dhuhr even though the time of Asr
> is near?
> It seemed logical for me that this may be the case as it is mentioned in the
> Guiding helper that the first time of Dhuhr extends until the starting time
> for Asr.

Your question seems to be "Can one pray the fadilah prayers of Dhuhr in Dhuhr's
second time?"  And the answer is "Yes. One can pray the fadilah prayers of
Dhuhr in Dhuhr's first or second time." - but only if there is enough time to
pray `Asr and Dhuhr (if not prayed yet) before the yellowing of the sun.

Additionally, if prayer's first time is about to expire, one must skip
mandub units to make sure one prays the wajib units in the first time
(according to the best of one's ability).

Reference(s):
   Footnote 1222 of the Guiding Helper Explanatory Notes and associated
   entries in the Notes of Sources


> 3) Is it only ok to offer the 2 or 4 fadilah rakat of Maghrib after wajib
> Maghrib as long as there is a redness light on the sky, or can they be offered
> until the start time of Isha?

They can be offered in either Maghrib's first or second time as long as enough
time remains to pray `Isha' and Maghrib (if not already prayed) before the
start of dawn (Fajr).

Reference(s):
   Footnote 1220 of the Guiding Helper Explanatory Notes and associated
   entries in the Notes of Sources

> 4) Is this a correct way of act if I want to pray Dhuhr alone in my home:
> I pray 2 or 4 fadilah rakat without any adhan, I make the iqamat and pray 4
> wajib rakat and finally I offer another 2 or 4 fadilah rakat?

Yes.  This is correct according to the Maliki School as is outlined in Songs
12 through 20.

> 5) Is their any phrase to be said before beginning the adhkar (subhanAllah 33,
> alhamdullillah 33, Allahuakkbar 33) after the wajib prayers? In some school I
> heard it is common to say something like this: Rabbi ghfirli min kulli dhanbbi
> wa atubu ilayhi.

There is no specific adhkar recommended in the Maliki school, but it is
considered a fadilah to utter adhkar after the salam.

Reference(s):
   Footnote 742 of the Guiding Helper Explanatory Notes and associated
   entries in the Notes of Sources

> 6) What can I pray between Isha and ShafĀ“a wa-al Witr directly after Isha and
> before the middle of the night (The start for night vigil prayer)?

All mandub prayers between `Isha' and Shaf`-Witr are treated like
Tahajjud in the Maliki school.  Thus, you can pray in units of two
as many times up until a maximum recommended number of four two-unit
prayers (8 units + Shaf` + Witr = 11 units).

Reference(s):
   Footnote 1184 of the Guiding Helper Explanatory Notes and associated
   entries in the Notes of Sources

> and what is
> the recommended tone to use during this time of mandub prayers?

See the above which states that certain Maliki scholars have stated
that daytime mandub prayers are better to recite with soft volume
levels and nighttime mandub prayers are better to recite with
out loud volume levels.

Reference(s):
  Durr al-Thamin, Sharh Murshid al-Mu`in, explanation of recitation
  level of Witr and other mandub prayers in the Maliki schools.

> 7) I have seen maliki followers pray salat al jumua on television (satellite),
> and as far as I noticed all the imams (different channels) always wait with
> the takbeer until they are halfway standing up after the second sujood after
> performing only the first rakĀ“a.
> In the Guiding helper it is said that the takbeer should be uttered exact when
> starting moving to another position except after finishing the first tashahud.
> So my question is why do the imam wait with the takbeer until he has fully
> straighten up from the prostration and after pushing himself halfway up?

The imam is *not* following the popular opinion in the Maliki school
on this point if he is acting such.  However, omitting these fadilah
timings for the takbir will not affect the validity of the prayers.

Reference(s):
  Durr al-Thamin, Sharh Murshid al-Mu`in, explanation of fadilahs
  of prayer, fadilah 8 (timing of takbirs)



> 1) Can a fadilah prayer connected to a wajib prayer replace the tahiyat al
> masjid if I am not planning to sit down before performing the wajib prayer?

Yes, but you must intend both the fadilah of the wajib prayer and also the
prayer of greeting the masjid.  And even if you sit down, you can still
pray units to greet the masjid later (according to the Maliki school, there
is no need to pray right away).

Also, a wajib group prayer can also take the place of the Prayer to Greet the
Masjid; but again, you must intend with your wajib prayer both the group
wajib prayer and the Prayer to Greet the Masjid.

Reference(s):
  [KF: volume 1: page(s) 95: line(s) 22-26: {formal prayer, mandub prayers,
   question 2, section 10 (prayer for greeting the masjid)}]

> What is the proper adab in performing salat al-istikhara? does one have
> to do the salat a certain number of times before making a decision?

  a) Do wudu properly.
  b) Pray two units.
  c) Glorify and exalt Allah in Arabic
  d) Bless the Prophet (May Allah bless him and give him peace) in Arabic
  e) Recite the Arabic Istikharah du`a given in Appendix 1.11
  f) Bring to mind what affair one is deciding about at the points in the
     du`a' as mentioned in Appendix 1.11.
  g) Some scholars add here to repeat the istikhara (three times or up to a
  maximum of seven times) if one is still unsure.
  h) Some scholars consider the istikharah to be better if it is the last
  thing one says before going to sleep while others consider the istikharah
  performed in a masjid (and not at home) to be better.
  i) As for looking for a sign, some scholars say one can look at the
  general nature of the dream one sees after the istikharah; others say that
  dreams are not an accurate method of deciding which side one should opt
  for.

The opinions we narrate in the Guiding Helper texts is (a) that istikharah can
be performed at anytime of the day, (b) one need only do it once, and (c) one
need not look for a sign, but may do whatever one is more inclined to do.

References:
   [KA: volume 1: page 101: line(s) 13-15: {Imam al-Nawawi, Kitab Adhkar,
   section on Istikharah}]
   Guiding Helper Explanatory Footnotes 1207-1209-




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