Law: The Taabi’ (dependent/subordinate) should
query from the Matbu’ (i.e. the one on whom he is depending) and he should act according
to what the Matbu’ says. If he does not say anything, then see if he is a
Muqeem or Musafir. If he is a Muqeem then consider yourself a Muqeem and if he
is a Musafir then consider yourself a Musafir, and if you are not able to ascertain
this as well, then after a (distance) of a journey of 3 days, perform Qasr
(Namaaz). Before this, perform your full Namaaz. If one does not query from
him, then the ruling is the same as when he is asked and does not give any response.
[Raddul Muhtar vol.1 pg.745]
Law: If with a blind person there is someone who
can hold and guide him, then in this case if the one who is with him is his
worker, then relevance is given to the Niyyat of the blind person. If he is
only there to help out of goodness, then relevance is given to his Niyyat (person
helping out of goodness). [Raddul Muhtar vol.1 pg.745]
Law: Those soldiers who are the Taabi’ of the
Commander (leader), and they have been overpowered and thus split up, then in
this case they will not be regarded as being Taabi’. However, both in Iqaamat (residence)
and in Safar (on journey) his personal Niyyat will be giving relevance. [Raddul
Muhtar vol.1 pg.745]
Law: If a slave was on a journey with his owner
and the owner sold him to a Muqeem. If he was aware of this in his Namaaz and
he performed 2 Raka’ats, then he should read it again (i.e. four). Similarly,
if the slave was in Namaaz and the Maalik (Master) made intention of Iqaamat
(residence), then in this case if after knowing he performed 2 Raka’ats, he
should repeat it (i.e. read 4 Raka’ats). [Raddul Muhtar vol.1 pg.745]
Law: If a slave is owned by two persons jointly
and both of them are on the journey. One of them intended Iqaamat (residence)
and the other has not. If there are days set for serving each master, then on the
days on which he is to serve the Muqeem, he will perform 4 Raka’ats and during
the days which are set for serving the Musafir, he will perform 2 Raka’ats. If
the days are not set (for serving each person), then he will perform 4 Raka’ats
every day, and to perform Qaada on 2 Raka’ats is Fard. [Alamgiri vol.1 pg.141]
Law: If one has made the Niyyat for Iqaamat
(residence), but his situation shows that he will not really stay there for the
full 15 days, then in this case the Niyyat (intention) is not proper. For
example, he travelled for Hajj and intended to live in Makkah Muazzamah for 15
days in the beginning of Zil Hijjah. Then in this case, his Niyyat is baseless,
because now that he has made Niyyat for Hajj, it is obvious that he will
definitely go to Mina and Arafaat, so how will he be able to stay for so many
days in Makkah Muazzamah. However, if after returning from Mina he makes this
Niyyat, then it is proper. [Alamgiri vol.1 pg.140; Durr-e-Mukhtar vol.1 pg.737]
Law: A person who went someone but does not have
the intention of staying there for 15 days, but he intends to go with a group
and he knows that the group will go (from there) after 15 days, then he is a Muqeem,
even if he does not make the Niyyat of Iqaamat (residence). [Durr-e-Mukhtar
vol.1 pg.737]
Law: If a Musafir stopped for a few days or even
for 13 to 14 days with the Niyyat of some work or to wait for his companions,
or if he has the intention that once his work is done, he will leave, but in both
cases he changes his departure from one day to the next. In doing so years pass
by, then he is still a Musafir and will need to perform Qasr Namaaz. [Alamgiri
vol.1 pg.139]
Law: If the Muslim army went to a Darul Harb or
laid siege to a fort in a Darul Harb, they are regarded as being Musafir, even
if they made the intention of 15 days, even if the apparent is overwhelming. Similarly,
if they have laid siege (surrounded) rebels (or traitors) in a Darul Islam they
are still not Muqeem. However, one who goes to a Darul Harb with security (i.e.
he has been given safe passage) and he makes intention of staying for 15 days,
he will read 4 Raka’ats. [Ghuniya; Durr-e-Mukhtar vol.1 pg.738]
Law: If one living in Darul Harb becomes a Muslim
there and the unbelievers there are plotting to kill him, so he decided to flee
on a journey of 3 days distance, then in this case he should perform Qasr. If
he has hidden somewhere with the intention of hiding there for a month or two,
then too he should perform Qasr. However, if he has hidden in a town or city,
he should perform full 4 Raka’ats there. If a Muslim was imprisoned in a Darul
Harb and he escaped from there and took refuge in a cave, then he should
perform Qasr, even if he intends to be there for 15 days (or more). If all the
people of a town in a Darul Harb become Muslim and the Harbis’ intend to fight against
them, then all of them are Muqeem. Similarly, if the unbelievers overpowered
their town and they (the Muslims) all left the town and fled with intention of
a distance of 1 days journey, then too they are Muqeem, and if they left with
the intention of going a 3 days distance away, then they are Musafir.
Thereafter, if they return and the unbelievers have not captured their town,
they are Muqeem, and if the Mushriks (polytheist) have captured and taken
control of the city, but even if they lived there but then left when the
Muslims returned, then if these people intend to live there, it has become Darul
Islam. They will thus perform the Namaaz in full. If they have no intention of
living there, but they intend to live there only for a month or two and they
then wish to journey to a Darul Islam, then in this case they will perform
Qasr. [Alamgiri vol.1 pg.140/141]
Law: If the Muslim army entered a Darul Harb and
overpowered it and made it a Darul Islam, then Qasr will not be performed
there. However, if they only intend to live there for a month or two, they should
perform Qasr. [Alamgiri vol.1 pg.140]
Law: If a Musafir whilst in Namaaz made the
intention of Iqaamat (residence), then he should perform it in full. If the
case is such that he only performed one Raka’at and the time (for that Namaaz) expired
and he made the Niyyat of residence in the second, then this Namaaz he should
only perform 2 Raka’ats, and he should perform 4 Raka’ats for the next one.
Similarly, if a Musafir was a Laahaq and the Imam was also a Musafir, and after
the Salaam of the Imam if he intended for Iqaamat (Residence), then he should
only perform 2 Raka’ats, and if he intended it before the Imam turned Salaam,
he should perform 4 Raka’ats. [Durr-e-Mukhtar, Raddul Muhtar vol.1 pg.736/737]
Law: In both Ada and Qaza, the Muqeem is permitted
to make Iqtida (i.e. follow) a Musafir. After the Salaam of the Imam, he should
complete his remaining 2 Raka’ats. In those 2 Raka’ats he should not recite any
Qira’at at all, but he should remain standing silently for the duration of
Surah Faateha. [Durr-e-Mukhtar vol.1 pg.740]
Law: If the Imam is a Musafir and the Muqtadi
(follower) is a Muqeem and the Muqtadi stood up before the Salaam of the Imam, and
the Imam had made intention of Iqaamat (residence). Then in this case if the
Muqtadi has not yet made the Sajdah of the 3rd Raka’at, he should
continue with the Imam, otherwise his Namaaz has become invalid. If the Imam intended
for residence after the Sajdah of the 3rd Raka’at then he should not be
followed. If he follows his Namaaz will be void. [Raddul Muhtar vol.1 pg.740]
Law: We have already established that for the
Iqtida to be regarded as correct, the condition is that it should be known
whether the Imam is a Muqeem or a Musafir. It does not matter whether one came
to know this at the commencement of the Namaaz or even after the Namaaz has
commenced (Either way it is acceptable).
Hence, it is (best and advisable) for the Imam to announce before commencing
Namaaz that he is a Musafir. If he did not do so in the beginning of the
Namaaz, then at the end of his Namaaz he should say, ‘Complete your Namaaz in
full, as I am a Musafir’. [Durr-e- Mukhtar vol.1 pg.740/741]
If he already said it at the beginning, (it is advisable) for him
to repeat it at the end as well, so that those who were not present at the
beginning would also realise.
Law: Once the time has expired (for a Namaaz), a
Musafir cannot make Iqtida of a Muqeem. He can do so within the time period,
and in this case (when following a Muqeem) the Fard of the Musafir will also be
4 Raka’ats. The ruling of this Namaaz is the same as a 4 Raka’at Namaaz, and those
Namaaz in which there is no Qasr, he may make Iqtida (of a Muqeem) both within
the time or afterwards as well. If one made Iqtida within the time and before
the Namaaz ended, the time (for that Namaaz) expired, the Iqtida will still be regarded
proper. [Durr-e-Mukhtar, Raddul Muhtar vol.1 pg.741]
Law: If a Musafir followed a Muqeem and according
to the Madhab of the Imam, the Namaaz is Qaza (expired), and according to the Madhab
of the Muqtadi, it is ‘Ada’. For example, if the Imam is an adherent of the
Shafi’i Madhab and the Muqtadi is an adherent of the Hanafi Madhab, and he
performed Zuhr behind him after the shadow of an object is one fold, then the Iqtida
is still proper. [Durre-Mukhtar vol.1 pg.740]
Law: If a Musafir commenced his Namaaz behind a
Muqeem and then broke the Namaaz, then in this case (when he reads it), he will
perform only 2 Raka’ats, as long as he performs it alone or behind another
Musafir. However, if again he performs it behind a Muqeem, he will perform 4
Raka’ats. [Raddul Muhtar vol.1 pg.141]
Law: If a Musafir made Iqtida of a Muqeem, then
the Qaada-e-Oola is also Waajib upon the Muqtadi, as it does not remain Fard,
so if the Imam did not perform the Qaada, the Namaaz will not be annulled. However,
if a Muqeem made Iqtida of a Musafir then the Qaada-e-Oola is also Fard upon
the Muqtadi. [Raddul Muhtar, Durr-e-Mukhtar vol1. Pg.740/741]
Law: In performing Qasr and the full Namaaz,
relevance is given to the last time, if he has not performed it yet. For
example, if a person has not performed his Namaaz yet, but there is not only
sufficient time left to say Allahu Akbar, and he has now become a Musafir, then
in this case, he should perform Qasr, and if he was a Musafir and at that time
he intended Iqaamat (residence), then he should perform 4 Raka’ats.
[Durr-e-Mukhtar vol.1 pg.742]
Law: After performing Namaaz within the time
period, if a person went on journey and then he read 2 Raka’ats for Asr, but
then had to return home due to some necessity, and the time of Asr is still remaining,
and he only realised then that he had performed both the Namaaz without Wudu,
then in this case he will perform 2 Raka’ats for Zuhr and 4 Raka’ats for Asr.
If he performed his Zuhr and Asr, and went on a journey before sunset, and then
realised that he performed both Namaaz without Wudu, he should perform 4 Raka’ats
of Zuhr and 2 Raka’ats of Asr. [Alamgiri vol.1 pg.141/142; Raddul Muhtar vol.1
pg.742]
Law: If a Musafir made ‘Sahw’ (error) in Namaaz
and after turning Salaam at 2 Raka’ats he made Niyyat of Iqaamat (residence),
then in the case of that particular Namaaz, he is not regarded as Muqeem and
the Sajdah-e-Sahw falls away. However, if he made the Niyyat before making the
Sajdah, then it is proper and it will be now Fard for him to perform 4 Raka’ats.
This applies even if he made the Niyyat only after one Sajdah. [Alamgiri vol.1
pg.141]
Law: If a Musafir made Imamat of Musafirs (i.e. he
led Musafirs in Namaaz), and in the midst of Namaaz, the Imams Wudu broke and
he appointed another Musafir as his khalifa (in Namaaz), and the Khalifa made
Niyyat of Iqaamat (residence), then all the Musafirs who are behind him will
only perform 2 Raka’ats. Likewise, if he made a Muqeem the Khalifa (in Namaaz),
the Muqtadi who are Musafir will still perform 2 Raka’ats, and if the Imam made
Niyyat of Iqaamat (residence) after the Hadath (i.e. after his Wudu broke) and before
leaving the Masjid, they should read 4 Raka’ats. [Alamgiri vol.1 pg.142]
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