The Amount of People for Jumma'h Prayers

Q: Asalaamu Alaykom

Is the minimum for a valid khatbah Jumah 40 people?

A:

 الحمد لله رب العالمين والصلاة والسلام على أشرف الأنبياء والمرسلين، سيدنا ونبينا محمد وعلى آله وصحبه أجمعين. وبعد

Imam Ibn Qudamah al-Muqdasi al-Hanbali (d. 620H) said: "It is required forty people in order to assemble Jumma'h (prayer). In another narration (of Ahmad), it requires only three, because it is the minimum to assemble a congregational prayer, and in a further narration it is required fifty. As for the (relied upon position) of the Madhhab it is the first opinion (forty people), as in accordance with the statement of Jabir: 'It was decided the (established) Sunnah of Friday Prayers is forty people or more attending it.' [Daraqutni] Therefore, one must uphold this Sunnah of the Prophet ﷺ, and if there were to lessen in number which is under forty it cannot complete the Jumma'h, because it is a prerequisite." [Al-Kafi fi Fiqh Imam Ahmad, Dar Kotab al-Elmiya, Beirut, V.1/P.325]

The Madhhab's relied upon position is it must be forty people to consider it valid, but to be reasonable, it will have to be based in accordance with the customs of ones Masjid in their locality, if it is a masjid that is known to get lower then forty people every week and does not get any higher, then there is no harm in taking in the second opinion in the Madhhab which is having the minimum requirement of three people. It would be preferable if one is able to attend another masjid which does exceed the required amount of forty, for verily this is not only in accordance with the Madhhab and its evidence's, but also in accordance with that which the meaning of Jumma'h, which is for everyone to gather together on this day. Imam Ibn Kathir said: "Friday is called al-Jumma'h because it is derived from al-Jam`, literally, gathering. The people of Islam gather weekly, on every Friday in the major places of worship." [Tafsir Ibn Kathir]

والله اعلم.

Tayammum in state of major ritual impurities in jail

Q: As-Salam Alaykum, last night the police arrested me at 1 in the morning and I was on Janaba (ejaculation of sperm). I was taken into the police station and was not released until after Fajr, so in the fear that I would miss it I made Tayammum and prayed. Do I need to repeat my ghusal and prayer? 

A:

 الحمد لله رب العالمين والصلاة والسلام على أشرف الأنبياء والمرسلين، سيدنا ونبينا محمد وعلى آله وصحبه أجمعين وبعد:

Shaykh al-Islam Ibn Taymiyah explains in Sharah al-Umdah: "The incarcerated in his country where its people have cut off the water supply due to an enemy, in this case he must pray with Tayammum ... as it has been narrated by Abu Dharr, the Prophet ﷺ said: "Clean earth is the Wudu of the Muslim, even if he does not find water for ten years. Then if he finds water, then let him use it (for purification) on his skin. For, that is better." [Related by Ahmad, Tirmithi and was authenticated by him] ... Hence, if he has already prayed, then he does not have to repeat (his prayer) in accordance with that which is Mashhour (prominently revised position) of the (Hanbali) Madhhab." [Sharah al-Umadah, Dar Alim al-Fawaid, Makah, 2010, V.1/P.483-484]

As for making up Ghusal due to Janaba (major state of ritual impurities), it is required, because the Tayammum that was performed at the time, can only be made for that particular prayer and situation. Also, this will fall under some of the nullifiers of Tayammum such as: Obtaining water, when the time period ends, the permitted factor for the Tayammum ceases. [See Daleel at-Talib, English translation, Dar al-Arqam, P.58-60].

والله اعلم.

Can a boy pray with his mother & a daughter with her father?

Q: Assalaamu'alaykum sheikh,  when is it ok for a boy to stand with his mother in prayer? i.e before puberty or if he doesnt know how to pray? what if there are men present? etc? varying scenarios  when is it ok for a daughter to stand with her father in line for prayer etc?  and any varying scenarios you can think of...  jazakallahu khayr!  

A:

 الحمد لله رب العالمين والصلاة والسلام على أشرف الأنبياء والمرسلين، سيدنا ونبينا محمد وعلى آله وصحبه أجمعين. وبعد

The origins of a woman leading a male in prayer is invalid in consensus of the Scholars of Islam, as Ibn Hazam has stated in his book of Ijma', and also agreed upon by the Hanbali's as mentioned by Imam al-Mardawi al-Hanbali (d. 885H): "It is invalid for a woman to lead a man in prayer, and this is the Madhhab's absolute unrestricted opinion. Thus, it was stated in the book of al-Mustowae'b; This is the correct view of the Madhhab." [al-Insaaf: 2/265]

As for a boy who is under seven, he may pray with his mum for the sake of learning how to pray. As for when he reaches the age of seven which is considered Tamyeez (Islamic Age of Discretion) then he must pray with his father for two main reasons: Firstly, he is rewarded for praying at this age, so he must then pray with a valid Imam which is male like himself. Secondly, according to the Hanbali's, a non-pubescent boy cannot be an Imam. Shaykh Ibrahim Ibn Dhouyaan (d. 1353H) said: "Invalid is the Imamship of Mumayeez (non-pubescent boy) with a pubescent boy, however, it is valid if he leads in a Nafil (recommended prayer), or lead others his age. Ibn Masoud (may Allah be pleased with him) said; 'A boy must not lead in prayer until the Islamic Penal Laws is obligated upon him.' Ibn Abbas (may Allah be pleased with him) said; 'A boy must not lead in prayer until he reaches puberty'. Hence, it was not mentioned any disputes about them from among the other Companions. As for the case of the boy being an Imam in recommended and obligatory prayers among his peers is valid, because they are all rightfully recommended for them to perform." [Manar as-Sabeel fi Sarah ad-Daleel: 1/98]

As for a woman praying next to a man, the prayer is considered valid but yet Makrouh (disliked). The reason for this, is that the Sunnah for a woman is to pray behind a male as stated in many narrations, as for the validity of a man praying next to a woman, Imam al-Buhouti al-Hanbali (d. 1051H) said: "If a woman was to stand next to a man on the right side of him in prayer, ...  this would be considered valid. Hence, as stated in the book of al-Muntaha and other (Hanbali books) if she was to stand next to him on the left instead of the right of him this would entail it to be invalid, otherwise it would be correct." [Kashaf al-Qina'a: 1/488] 

The only issue that would entail the prayer to be invalid when it comes to a woman praying besides a man is her being on the left instead of the right side of him. Thus, this is the case in accordance with the absolute Hanbali position when anyone begins the congregation, that they must begin from the right and not the left otherwise the prayer is deemed invalid. Shaykh Ahmad Ibn Nasir al-Qa'aymi al-Hanbali said: "When one prays more than the duration of one Raka' (unit of prayer) on the left side of the Imam while there are people standing on his right (in an incomplete row on his right), his prayer is invalid, it is also invalid if one whilst praying with the Imam stands behind him individually or stands behind the congregations individually (in the intention he is praying with them)." [Hawashi as-Sabighat: P.133-134]

This all can be summarized as follows:  

1- A young boy under seven, may stand with his mother in prayer for the sake of leaning proposes.

2- A boy can no longer pray by his mother at the age of seven because he has reached Tamyeez which entails him to be rewarded for prayer, which furthermore, entails his prayer to be unacceptable for a woman to lead him in prayer, which further requires his need for another male to lead him in prayer.

3- A Tamyeez boy (reached the age of seven) cannot be an Imam in accordance to the clear statement of Imam Ahmad and his followers and also the relied upon position of the Madhhab. But he may lead one in a Nafl Prayer, or he may lead other peer his age.

4- The prayer of a female that prays besides a male is valid but highly preferred to adhere to the Sunnah which is to pray behind him and only use this in the case of necessity.  

5- No matter what the case may be, one must always begin a congregation on the right of the Imam until the righthand side is filled only then can one lineup on the left of the Imam otherwise it is invalid in a solitary mainstream view of the Hanbali's. Furthermore adding, is if one was to individually pray behind the Imam (instead of originally praying with him on his right) or to pray along with the congregation individually behind it by themselves, are all considered invalid (according to the solitary view of the Hanbali's).

والله اعلم.

Conditions of Traveler Prayer.

Q:

Salam shiekh   if I’m leaving to Nelson bay which is over 170 kilometres on Friday and I pray my jummah prayer how do I pray asr ?

A:

الحمد لله رب العالمين والصلاة والسلام على أشرف الأنبياء والمرسلين، سيدنا ونبينا محمد وعلى آله وصحبه أجمعين. وبعد

When it comes to the prayer of the traveler, we must think of two aspects, the rulings regarding shortening and joining the prayer.  As for shortening the prayer Shaykh Ahmad Ibn Nasir al-Qa'aiymi al-Hanbali said: "The Conditions legitimacy in shortening the prayer for a traveler; Firstly, the prayer which can be shorten must originally be four-units of prayer (Zhuhar, A'sr, I'sha). Secondly, it must be a lengthy travel, hence, this is roughly that which reaches 16 Farskh ,which is considered by many scholars of our time being 80km. Thus, what is more revised is that which in accordance with our Madhhab (Hanbali's) is a little under 138km roughly (and not precisely, meaning 130km is still acceptable). Also, this length is still considered whether it be by land, sea, or in the air (by plane). Thirdly, it must be based on a permissible travel, even if it was to be something such as a holiday. As for travel for the purpose of Haram or disliked acts (of sin), it is not permitted for one to shorten in these circumstances. Fourthly, that one specifies a particular destination for travel, so there is no shortening for those that randomly wonder or cruising around. Fifthly, to intend travel (making intention Niyah), by intending on covering a particular distance ... Sixthly, to surpass one's city or town and its main buildings, that they reside in. So, it is not permissible to shorten the prayers while one is still in their city/town ... And from here the author of the book explains where one cannot shorten the prayers, and they are ... to intend on staying more than four days as mentioned in (the Hanbali book) Zaad al-Mustaqna' and the preferred rephrasing of this is that which is mentioned in (the Hanbali book) al-Iqna'aa and also in al-Muntaha: not more than twenty prayers (referring to four days' worth of prayers)." [al-Hawashy as-Sabighat fi Akhsar al-Mukhtasrat: P.141-143]

As for joining the prayers Imam Mari' al-Karmi said: "It's permissible to join prayers during a journey in which prayers can be shortened. The Zhuhor with A'sr prayer, and the Maghrib with the I'sha prayer, by choosing to join them in either one of its time frames ... It is best to do whatever is more appropriate, whether performing both prayers in the time of the first (prayer) or delaying them to the time of the second (prayer). 

If both prayers are performed in the time of the first, the following conditions are required:

1- Intention required upon joining in the first commencing prayer

2- On does not separate between them by performing a voluntary prayer, for Example, rather; the gap between them should be no longer than the time to do a prayer's call for its imminent beginning or to perform a light ablution.

3- An excuse exists to join when the first and the second prayer begin.  

4- The lawful excuse lasts until the second prayer ends.

If both prayers are performed in the time of the second, the following conditions are required: 

1- One has the intention to join them at the time of the first prayer; that is, before the timing of the first prayer becomes very tight to perform.

2- The lawful excuse to join them must continue until the time of second prayer starts; besides these two conditions, no other is required.

It is not a condition for the imam and the follower to be in agreement for the joining to be correct; accordingly, the following cases will be correct. If one performed each of the two prayers behind two different imams

1- If one performed the first of the two prayers (as an imam) with a follower, and the second, with a different, follower.  

2- If one prayed behind someone who did not join the prayers.

3- If one performed one of the prayers alone, and the other with a group.  

4- If one prayed (as an imam) with someone who did not join the prayers.”   

[Daleel at-Talib, English version, Dar-alArqam: P.151-152]

 والله اعلم.

Burying more then one person in the same grave

Q: Salam 3alaykum brother. Is it permissible for a husband and wife to be buried together? On top of one another?

A: 

الحمد لله رب العالمين والصلاة والسلام على أشرف الأنبياء والمرسلين، سيدنا ونبينا محمد وعلى آله وصحبه أجمعين. وبعد

Imam al-Buhouti al-Hanbali said: “It is prohibited (Haram) to bury two or more in the one grave; because the Prophet ﷺ would bury every single deceased (by themselves) in a grave, and in accordance with this, the companions continued to follow the same tradition including the people that came after them. The exception to this (burying more than one person in the same grave) is only in the case of necessity; example: is for the increase of the deceased (not having enough room to bury them) and not enough people to help bury them in the fear that they will decompose, as this was the case in the battle of Uhud where the Prophet ﷺ stated: ‘Bury two or three in the one grave.’ Related by an-Nissāie.” [Kashaf Al-Qināá: 2/143] 

It is impermissible to bury more than one person in the one grave and should only be done out of necessity as stated above, and this is in accordance with the view of the Hanbali’s. 

والله اعلم.

If a dog licks you does it break your Wudu?

 

Q: If a dog licks you does it break your Wudu?

A:

 الحمد لله رب العالمين والصلاة والسلام على أشرف الأنبياء والمرسلين، سيدنا ونبينا محمد وعلى آله وصحبه أجمعين. وبعد

The sliver of a dog is impure according to Imam Ahmad and the majority of the Islamic Jurists, and it is from the prerequisites of prayer which requires one to uplift it from their bodies, clothes or place of prayer in order deem it correct. In the case of the Nullifiers of Wudu, it has nothing to do with it, please refer to the following article: Nullifiers of Wudu

    

والله اعلم.

Nullifiers of Wudu

Q: Sheikh what are the nullifiers of Wudu? 

A:

الحمد لله رب العالمين والصلاة والسلام على أشرف الأنبياء والمرسلين، سيدنا ونبينا محمد وعلى آله وصحبه أجمعين. وبعد

Abdur-Rahman al-Báli al-Hanbali (d. 1192H) said: “There are eight invalidators of wuḍūʾ which are: excretion of anything from a tract, of urine or feces from the rest of the body (be it a lot or a little); or excretion of other things such as vomit or blood if considered abundant (relative to each person’s own view); loss of consciousness (except the dozing of someone standing or sitting); washing the deceased or a portion thereof; eating camel meat, even if raw, (a cause which is purely devotional, as its other parts do not invalidate it e.g. drinking its milk or meat stock); touching an attached human sex organ or anus, even if deceased, with the hand (excluding the testicles and the location of a severed sex organ); the desirous touch of the opposite gender without a barrier (even via extra appendage to another); and apostasy.” 

[Bidayat al-Abid, translated by Sh. John Starling: P.19]

والله اعلم.

Does Hijamah Nullify Wudu

Q: If someone is getting hijama done, will it break his wudu?

A:

 الحمد لله رب العالمين والصلاة والسلام على أشرف الأنبياء والمرسلين، سيدنا ونبينا محمد وعلى آله وصحبه أجمعين. وبعد

In accordance to Ahmad in the relied upon position of the Madhhab, anything that emerges from the body in large amounts of blood or something similar in its essence such as puss nullifies the Wudu. The reason to this is the narration of Ibn Abbās who stated this and which is found in many of the Hanbali books, it was also narrated by Ibn Qudamah al-Muqdasi al-Hanbali; that Imam Ahmad stated: “Wudu is required from Hijamah and bleeding (in excessive amounts).” [al-Mughni]

However, it is important to note upon considering bleeding to be a nullifier we must always apply the condition that it is in large amounts, which in accordance to the customs of the people. If it is only in small amounts which is considered insignificantly small to the peoples perspective, then it is not from the nullifiers of Wudu.   

والله اعلم.

Is Vomit Impure

Q: Is vomit considered najis?

A: 

الحمد لله رب العالمين والصلاة والسلام على أشرف الأنبياء والمرسلين، سيدنا ونبينا محمد وعلى آله وصحبه أجمعين. وبعد:

Yes it is Najas, because it has changed from food to something that is considered customarily deemed detestable, and some of the scholars related it to being similarly attributed to feces, being that it entered the body as normal food and exited as something foul and detestable. So when we say vomit is Najas (impure) it refers to the rulings of the prerequisite of Prayer, which requires the removal of any sort of impurities that land on our bodies, or clothes or place we pray on, hence, this is applied in order for our prayer to be deemed correct. Also on the other hand it can be considered a nullifier of Wudu on the condition it comes out in large amounts in accordance to customs of the people. Otherwise, if it is not in large amounts it is not considered a nullifier, but yet is still considered Najas. The main thing is we must not get confused between it being a nullifier and it being Najas, and this can be explained by confining it into the following points:

1- Vomit is Najia in its essence.

2- It is not a nullifier unless it exits in large amounts in accordance to customs.

3- Because it is Najas its related to the prerequisites of Prayer which requires us to remove any impurities that falls on the body, clothes or place we pray on.

والله اعلم.