Wednesday, 13 August 2014

Bahaar-e-Shariat Volume 3 Blog Page 13

Law: If one has only made one Namaaz Qaza then there is no need to stipulate the day etc. It is sufficient to say, ‘I have intended to pray the certain Namaaz for which I am liable’. [Raddul Muhtar vol.1 pg.281]
Law: If a person has made many of his Namaaz Qaza, and he does not know, which days or which dates Namaaz (are Qaza). Then the simple manner for him to make Niyyat is for him to say, ‘I have intended to pray my very first or very last particular Namaaz which, I have missed’, i.e. if it is for a Zuhr and he has numerous Zuhrs which are Qaza. He should say I have intended to pray my very first Zuhr which I have missed’, or he can say, ‘I have intended to pray my very last Zuhr which I have missed’, or for which I am liable. [Durr-e-Mukhtar vol.1 pg.281]
Law: If a person was liable for the Namaaz of a Sunday and he thought it was for Saturday and he performed it with this Niyyat and afterwards realised that it was for Sunday, then this Namaaz is not done. [Ghuniya 251]
Law: There is no need to stipulate ‘Qaza’ or ‘Ada’ in the Niyyat. If Qaza was read with the Niyyat of Ada or Ada with the Niyyat of Qaza, the Namaaz is done. In other words, if there is still time remaining for Zuhr, and he thought that it has expired, and he read Zuhr of that day with the Niyyah of Qaza; or if the time had already expired and he thought that there was still time remaining and made Niyyat of Ada, then in this case, the Namaaz is still regarded as valid. If he did not do this, but the time is remaining and he read with the Niyyat of Qaza of Zuhr, but he did not stipulate it as the Zuhr of that day, the Namaaz is not valid. Similarly, if he was liable for the Zuhr of a certain day and he completed a later prayer (i.e. Asr) with the Niyyat of Ada then it is not valid. [Durr-e-Mukhtar & Raddul Muhtar vol.1 pg.283]
Law: It is also necessary that the Muqtadi makes Niyyat to follow the Imam. However, it is not necessary for the Imam to make Niyyat to lead that Muqtadi, in order for the Namaaz of the Muqtadi to be valid. If the Imam in his intention says, ‘I am not the Imam of a certain person’ and that person followed him, the Namaaz of that Muqtadi will still be valid; but if the Imam does not make the Niyyat of Imamat, the Thawaab of Jama’at will be lost. To obtain the Thawaab of Jama’at, it is not necessary to intend it before the Muqtadi joins the Jama’at, but he can also do this when the Muqtadi is joining. [Alamgiri vol.1 pg.62; Durr-e-Mukhtar vol.1 pg.282]
Law: There is one condition wherein it is regarded as necessary as per consensus, for the Imam to make Niyyat of Imamat. This is in the case where the Muqtadi is a female, who stands near a male, and that Namaaz is not Namaaz-e-Janaazah; then in this case, if the Imam did not make Niyyat for ‘Imamat Zana’, i.e. to lead a female in Namaaz, then the Namaaz of the female is not valid. [Durr-e-Mukhtar vol.1 pg.285] In this case, the Imam has to have intended this in the beginning of the Namaaz. Even if he makes the intention afterwards it will not suffice for the validity of a female to follow him (in prayer)[1]. [Raddul Muhtar vol.1 pg.285]
Law: In the case of Janaazah Namaaz, the rule is absolute, whether she is near a male or not, it is unanimously agreed that (if such a case does present itself), then there is no need to make intention to lead a female. The correct ruling is that it is also not necessary (if this happens) in Jummah or Eidain. In the other Salaahs, if she is not near a male, then her Namaaz will be done, even if the Imam did not make the Niyyat of ‘Imamat-e-Zana’. [Durr-e-Mukhtar vol.1 pg.285]
Law: If the Muqtadi merely made Niyyat of the ‘Namaaz of the Imam’ or ‘Fard of the Imam’ and he did not make the intention of ‘Iqtida’, i.e. of following him, the Namaaz is invalid. [Alamgiri vol.1 pg.62]
Law: If the Muqtadi made the Niyyat, ‘I am reading whichever Namaaz the Imam is reading’ with the Niyyat of Iqtida, then it is permitted. [Alamgiri vol.1 pg.62]
Law: If a Muqtadi make the following Niyyat, ‘I am commencing that Namaaz which is the Namaaz of this Imam’ then in this case, if the Imam has already commenced his Namaaz, then it is obvious that Iqtida with this Niyyat is permissible. However, if the Imam has not yet commenced his Namaaz, then in such a case, there are two situations;
(a) If the Muqtadi knows that the Imam has not as yet commenced, then in this case, after he commences, the Muqtadis initial Niyyat is sufficient.
(b) If the Muqtadi assumes that the Imam has commenced his Namaaz, but he has actually not commenced his Namaaz yet then in this case, the initial Niyyat is not sufficient anymore. [Alamgiri vol.1 pg.62]
Law: If the Muqtadi made Niyyat of Iqtida but in the Fard, he did not specify the Fard, then the Fard is not valid. [Ghuniya pg.249] In other words, unless he does not say, ‘I am the Muqtadi of the Imam in his Namaaz’ (i.e. I am following the Imam in his Namaaz).
Law: If in Jummah, the Muqtadi merely made intention of following the Imam in his Namaaz and did not intend Jummah or Zuhr, his Namaaz is still regarded as valid, whether the Imam led Jummah or Zuhr. If one made intention of Iqtida for Zuhr and the Imam’s Namaaz was Jummah, then has neither Zuhr nor Jummah been done. [Alamgiri vol.1 pg.62]
Law: If the Muqtadi joined whilst the Imam was in the ‘Qa’da’ (sitting position) and he is not sure if it is ‘Qa’da-e-Ula’ (the first Qa’da) or ‘Qa’da-e-Aakhira’ (the second Qa’da), and he makes intention by saying that if it is the first Qa’da, then I make Niyyat for Iqtida, otherwise not.
Then in such a case, even if the Imam is in Qa’da-e-Ula, the Iqtida is not regarded as being valid. If he made Iqtida with this Niyyat, that if he is in Qa’da-e-Ula, I make Iqtida of Niyyat in Fard, otherwise, I make Niyyat of Nafil; then in this case, even if the Imam is in Qa’dae- Ula, the Fard will not be fulfilled (by such an intention). [Alamgiri vol.1 pg.63]
Law: Similarly, if he found the Imam in Namaaz and he is uncertain whether he is performing Esha or Taraweeh, and he followed by saying that if it is Fard, I have made Iqtida and if it is Taraweeh I do not, then in this case the Iqtida is not valid, be it Esha or Taraweeh. [Alamgiri vol.1 pg.63]
He should make Niyyat of Fard, because if it is really the Fard Namaaz then his Fard will be discharged and if it is not it will become Nafil for him. [Durr-e-Mukhtar]
Law: If the Muqtadi made Niyyat (to follow) as soon as the Imam stood on his Imamat position, then even if the Niyyat was not prevailing at the time of the Takbeer, the Iqtida is valid. This is on condition that he did not do any such thing, which is not associated to Namaaz (from the inception of his Niyyat up to the time of the Takbeer). [Ghuniya pg.450]
Law: In making Niyyat of Iqtida, it is not necessary to know who the Imam is, i.e. whether it is Zaid or Amr (i.e. one person or another), and if in the Niyyat he said, ‘Behind this Imam’ and in his knowledge it was Zaid but later realised it was Amr, then in such a case his Iqtida is valid. However, if he did not say ‘Behind this Imam’ or ‘Behind this person’ but he specified only by mentioning the name, such as by saying, ‘behind Zaid’ and then later he realised it was Amr, then in this case the Namaaz is invalid. [Alamgiri vol.1 pg.62; Ghuniya pg.450]
Law: In the case of Jama’at-e-Katheer’ (i.e. unprecedented mass congregation), the Muqtadi should not specify the Imam (by name) in the Niyyat. Similarly, in Janaazah, one should not say, ‘I make Niyyat for the Namaaz of the particular deceased’ (i.e. by name, if there are many Janaazahs). [Alamgiri vol.1 pg.63]
Law: The Niyyat for Janaazah Namaaz is, ‘I have intended Namaaz for Allah and Dua for this Mayyit (deceased)’. [Durr-e-Mukhtar vol.1 pg.283]
Law: If the Muqtadi is in doubt as to whether the deceased is male or female, he should say, ‘I make Namaaz with the Imam, upon (the deceased) whom the Imam is making Namaaz on. [Durr-e-Mukhtar vol.1 pg.284]
Law: If one intended the Namaaz of a male and it was later realized that it is a female or it was the other way around, it is not permissible (i.e. invalid), unless he mentions (in his Niyyat) that he is performing Namaaz of the Janaazah that is present. Similarly, if he intended Janaazah of Zaid and later realised it was Amr, his Namaaz is not valid. If he said, ‘I have intended for (Janaazah Namaaz) of this deceased’ and he thought it was Zaid but later realised that it was Amr then Namaaz is done. [Durr-e-Mukhtar & Raddul Muhtar vol.1 pg.284]
Law: Similarly, if he thought it was a male and later found out it was a female or the other way around, the Namaaz will be valid if he used the words, ‘this deceased’ in the Niyyat of Namaaz. [Raddul Muhtar vol.1 pg.284]
Law: If one performed few Janaazahs at once, it is not necessary to stipulate the number of deceased. If he stipulated the figure and they were more than the figure stipulated by him, then none of the Janaazahs have been done. [Durr-e-Mukhtar vol.1 pg.284] In other words, this in the case where he does not gesture regarding the Janaazahs present, for example, if he says, ‘I have intended for the Namaaz upon ten deceased’ and there were actually eleven, then in this case none have been done. However, if he says, ‘I have intended for Namaaz over these ten deceased’ and there are twenty, then in this case, all are done. These rules are applicable to the Imam who leads the Janaazah Namaaz. The negative aspect as explained regarding stipulating the number of deceased only without gesturing by saying ‘these’ will apply to the Muqtadi as well. If his intention was not, ‘I have intended the Janaazah Namaaz of those over whom the Imam is reading’, because in this case, if he thought they were ten and they were actually more, then even his Namaaz will be valid for all. [Raddul Muhtar vol.1 pg.284]
Law: When reading a Waajib Namaaz, one should make Niyyat for Waajib and it must also be stipulated, i.e. he should stipulate whether it is the Namaaz of Eid-ul-Fitr, Eid-ul-Adha, Nazr (fulfilling a vow), Namaaz following a Tawaaf, or such a Nafil which he intentionally broke (because the Qaza of such a Nafil also becomes Waajib).
In Sajdah-e-Tilaawat it is also necessary to stipulate the Niyyat but when it is done immediately in Namaaz then Niyyah should also be made for Sajdah-e-Shukr (Sajdah to show gratitude to Allah) even if it is Nafil, i.e. one should make this Niyyat, ‘I am making Niyyah of Sajdah-e-Shukr’. This applies to Sajdah-e-Sahw as well. (Sajdah made as amends for errors in Salaah. This will be explained later in detail). In Durr-e-Mukhtar it states that to stipulate the Niyyat for Sajdah-e-Sahw is not necessary, but in Nahr Al Faa’iq, it is mentioned as being necessary and this seems to be more obvious. [Raddul Muhtar vol.1pg. 281] If in the case of Nazr, the vows are many, then intention is required for each one individually, and in Witr Namaaz, merely the intention of Witr is sufficient, even if the Niyyat of it being Waajib is not added to it. To make the intention of Waajib is ‘Ula’ (better and more virtuous). However, if the intention is one which is contrary to Waajib (prayer) then it is insufficient. [Durr-e-Mukhtar & Raddul Muhtar Vol.1 pg.281]
Law: In Niyyat to say, ‘I am facing the direction of the Qibla’ is not a condition. However, it is necessary that conflict to Qibla should not be in the Niyyat. [Durr-e-Mukhtar & Raddul Muhtar vol.1 pg.285]
Law: If one commenced Namaaz with the intention of Fard and during the course of Namaaz, he thought that it was Nafil and thus completed it as Nafil; the Fard is valid. If he commenced with Niyyat of Nafil and during the course of Namaaz he thought it was Fard and thus completed it as Fard, the Nafil has been done (and not the Fard). [Alamgiri vol.1 pg.62]
Law: If after commencing one Namaaz, one made Niyyat for a second Namaaz and if this was done with a fresh Takbeer (proclaiming Allahu Akbar), then the first has been invalidated and the second has commenced. If this is not the case, then it is still regarded as being the initial Namaaz which he first intended, even if both these are (with intention) of Fard, or the first is Fard and the second is Nafil, or if the first is Nafil and the second is Fard. [Alamgiri vol.1 pg.62; Ghuniya 247]
This is in the case where the Niyyat is not uttered again with the tongue; otherwise, the first one will become invalid in any event. [Hindiya vol.1 pg.62]
Law: If after one Raka’at of Zuhr, he again made Takbeer with the Niyyat of the same Zuhr, then it is the same Namaaz and the first Raka’at will be counted, so if he makes the Qa’da-e-Aakhira it will be valid, otherwise not. Even here, if he makes the Niyyat (again) by uttering it with his tongue, the first Namaaz will become invalid and that (preceding) Raka’at will not count. [Alamgiri vol.1 pg.62, Ghuniya pg.248]
Law: If in his heart, he intended to break the Namaaz, but he did not say anything with the tongue, he is regarded as being in Namaaz. [Durr-e-Mukhtar vol.1 pg.296] This is as long as he does not do anything that nullifies the Namaaz.
Law: If one makes Niyyat of two Salaahs together, there are a few circumstances in this regard: If amongst them (both the Namaaz), one is Fard-e-Ain and the other is Janaazah Namaaz then the Niyyat for the Fard is the valid one. If both are Fard-e-Ain and one is within its appointed time and the time for the other Namaaz has not started yet, then the one which is in the appointed time is done. If one is in the appointed time, the second is Qaza, and there is not sufficient time remaining, then too, the Niyyat of the appointed time Namaaz is valid. If there is sufficient time remaining, then neither has been done.
If both are Qaza, then the first one is for the one who is Saahib-e-Tarteeb, and if he is not Saahib-e-Tarteeb, then both are invalid. If one is Fard and the other is Nafil, the Fard is done. If both are Nafil, then both are, and if one is Nafil and the other is for Namaaz-e- Janaazah, the one for the Nafil Namaaz is valid. [Durr-e-Mukhtar vol.1 pg.294; Ghuniya pg.247]
Law: If one commenced Namaaz solely for the pleasure of Allah and (Allah forbid), the Namaaz was tainted by Riya ‘(for show and to be applauded), then in this case credence will be given to the beginning, i.e. he will be given benefit because he commenced it for the pleasure of Allah. [Durr-e-Mukhtar vol.1 pg.294; Alamgiri vol.1 pg.63]
Law: Actual ‘Riya’ (to do something for show) is when one only reads (Namaaz) because he was in the presence of people, if not he would not have read (his Namaaz). If the case is such that when alone he reads but not as sincerely, and in the presence of people, he reads with more sincerity (i.e. with more dedication), then in this case he will get the Thawaab for (fulfilling) the actual Namaaz and no Thawaab will be obtained for his (so-called) sincerity. [Durr-e- Mukhtar vol.1 pg.294; Alamgiri vol.1 pg.63] ‘Riya’ is punishable in any event.
Law: If in the course of performing Namaaz with (true) devotion and sincerity, he noticed people and felt that ‘Riya’ will creep in, or if he was about to start his Namaaz and he felt the threat of ‘Riya’ creeping in, then in such a case, he should not omit the Namaaz due to this, but he should perform his Namaaz and then make Istighfar (seek forgiveness from his shortcomings). [Durr-e-Mukhtar & Raddul Muhtar vol.1 pg.294]


Sixth Pre-Requisite: Niyyat – Intention


The sixth pre-requisite is Takbeer-e-Tahreema (i.e. proclaiming the Allahu Akbar to commence the Namaaz).

Almighty Allah says
وَ ذَکَرَ اسْمَ رَبِّہٖ فَصَلّٰی ﴿ؕ۱۵﴾
‘And who Praises the Name of his Rub, and offers Namaaz’ [Surah 87, Verse; 15]

There are numerous Ahadith which confirm that Huzoor-e-Aqdas صلی اللہ تعالی علیہ وسلم  commenced Namaaz by proclaiming اَللہُ اَکْبَرْ ‘Allahu Akbar’.
Law: In Janaazah Namaaz, Takbeer-e-Tahreema is a ‘Rukn’ (basic element of the Namaaz) and for all the other Salaahs, it is a condition (i.e. pre-requisite). [Durr-e-Mukhtar vol.1 pg.297]
Law: In a Namaaz, other than Janaazah Namaaz, if a person proclaims Takbeer-e-Tahreema whilst having some impurity, but before completing ‘Allah Akbar’, he discards it, the Namaaz will be established. Similarly, if at the time of Takbeer-e-Tahreema the ‘Satr’ (nakedness of the body) was revealed, or if he was not facing Qibla, or if the sun was at its zenith, and by way of ‘Amal-e-Qaleel’ (negligible movement) and before completing the Takbeer, he covered his ‘Satr’, faced towards the Qibla, or if the sun descended from its zenith, Namaaz has been established. Similarly (Allah forbid) if a person without Wudu fell into a river and before water can pass over the parts which need to be washed in Wudu, he commenced Takbeer-e-Tahreema, but before completing the Takbeer, all the parts were washed, then in this case Namaaz will be established. [Raddul Muhtar vol.1 pg.297]
Law: One is permitted to start a Nafil Namaaz with the Tahreema of Fard. For example, after the completion of the Four Raka’ats of Esha, if he stands up for the Sunnats, without turning Salaam. However, to do this with intent is Makruh (unadvisable) and disallowed, and if it is not done with intent, then there is no objection. For example, if he performed the 4 Raka’ats of Zuhr and entered into Qa’da-e-Aakhira, then thought he had only read 2 Raka’ats, so he stood up and then even made Sajdah of the fifth Raka’at and then realised he had already ready 4 Raka’ats; in this case the fifth Raka’at becomes Nafil. He should add one more Raka’at to make it 2 Raka’ats, and since this formation was not intentional, there is no defect in it. [Durr-e- Mukhtar & Raddul Muhtar vol.1 pg.297]
Law: One is allowed to establish (i.e. start) one Nafil based on another Nafil. The establishment of one Fard on another Fard or on a Nafil cannot be done. [Durr-e-Mukhtar vol.1 pg.297]


[1] It is unanimously agreed that females are not permitted to perform Namaaz in Jama’at, in this current time and era, especially together with males and they should perform Namaaz in the privacy of their homes. This rule is only being explained so that the ruling may be known, if such a situation does arise.
 

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