Combining salahs on a journey

http://askimam.org/public/question_detail/13438.html

Know well that it is an established principle of the Hanafi Madhab, that each of the 4 sources of knowledge of Shari’ah will be treated in accordance to their respective ranks. The four sources that we refer to are: a) Qur’aan, b) Hadith, c) Ijmaa (consensus of the Jurists) and, d) Qiyaas (analogical reasoning). 

No Muslim can doubt the superiority of the Qur’aan over the Hadith, and the superiority of the Hadith over Ijmaa and Qiyaas. Hence, if there be any type of Ijmaa or Qiyaas that contradicts Qur’aan or Hadith, that Ijmaa or Qiyaas would not be accepted.

Similarly, if there be any Hadith that outwardly contradicts a particular verse of the holy Qur’aan and if no reconcilement can be achieved between the two, the verdict of the holy Qur’aan will be considered over the apparent meaning of that seemingly contradicting Hadith. And if both can be reconciled, then let it be.

Narrated Ibn Abbas: Allah\’s Messenger salallaahu \’alaihiwasallam used to offer the Zuhr and \’Asr prayers together on journeys, and also used to offer the Maghrib and \’Isha\’prayers together.

Narrated Anas bin Malik: The Prophet (sallallaahu \’alaihi wasallam) used to offer the Maghrib and the \’Isha\’ prayers together on journeys. Bukhari Vol. 2 : No. 209

In the discussion at hand, the Hadith above outwardly contradicts the verse of the holy Qur’aan, ‘Verily Salaat is ordained upon the believers at fixed hours.’ (Surah al-Nisaa Aayat103)

And if no reconcilement could be achieved between the two, one would be obliged to temporarily leave the Hadith and act upon the Aayat. However, fortunately in this instance, the Hanafi jurists have rightfully reconciled between the two in the light of the other traditions. They have stated that since the verse of the Qur’aan is explicit in the fact that Salaat needs to be performed in its prescribed time, the Ahaadith which outwardly contradict it would most definitely not have it’s Haqeeqi (literal) meaning. Instead, it would have to be in it’s Majaazi (metaphorical) meaning which would be that the combining of the Salaats refers to an apparent combining only (Jamaa Soori) and not a real combining. This is supported by other narrations which implore that Rasulullah (Sallallaahu Alayhi Wasallam) performed Maghrib Salaat at the end of its time and Esha Salaat at the very beginning of its prescribed time. This, in fact, outwardly seems to be a combination, but in reality it is not so. A few of these Ahaadith are: 

1. Sayyidatuna Aaisha (Radhiallaahu Anha) reports that Rasulullah (Sallallaahu Alayhi Wasallam), while on a journey, used to delay the Dhuhr and bring earlier the Asr Salaat and he would delay the Maghrib and bring earlier the Esha Salaat. (Musnad Ahmad vol.6 pg.135 Hadith24920 and al-Tahawi - Muhaddith al-Nimawi has classified this narration as Hasan; Aathaarus-sunan pg.432)

2. Sayyiduna Abdullah ibn Umar (Radhiallaahu Anhu)’s students have reported that when he (ibn Umar) was on a journey, he once performed the Maghrib Salaat just before the end of it’s time (before the disappearance of the horizon), he then waited until the time of Esha entered and thereafter performed it. Then he said, ‘Rasulullah (Sallallaahu Alayhi Wasallam) would do the same when he was in a hurry on journey.’ (Sunan Abu Dawud Hadith1205). Imaam al-Nimawi has classified this as Sahih (authentic) - Aathaarus sunan pg.434

3. Sayyiduna Umar (Radhiallaahu Anhu), the son of Sayyiduna Ali (Radhiallaahu Anhu) reports that it was the practice of Sayyiduna Ali ibn Abi-Talib (Radhiallaahu Anhu) that whenever he was on journey, he would continue moving until just before it became dark, (i.e. just before the time of Maghrib finished). He would at this time perform his Maghrib Salaat. Then he would partake of meals and after that he would perform the Esha Salaat. Sayyiduna Ali (Radhiallaahu Anhu) would also mention that this was how Rasulullah (Sallallaahu Alayhi Wasallam) would do. (Sunan Abu Dawud Hadith1227- Muhaddith al-Nimawi has classified this narration as Sahih - Aathaarus-sunan pg.435)

4. Another Hadith that further establishes the Hanafi stand on this Mas-alah is the narration recorded by Imaam al-Bukhari in his Sahih (Hadith1682) that Sayyiduna ibn Mas’ood (Radhiallaahu Anhu) says, ‘I never saw Rasulullah (Sallallaahu Alayhi Wasallam) performing any Salaat outside its prescribed time except Maghrib and Esha and Fajr (all these were done in Muzdalifah - refer Sunan al-Nasaaie vol.2 pg.44). This Hadith indicates that Rasulullah (Sallallaahu Alayhi Wasallam) never performed any Salaat out of its time except on these 2 occasions in his life.


https://www.albalagh.net/qa/0082.shtml

According to the Hanafi school, it is not permitted to combine the prayers and take a prayer out of its prayer time by either delaying it or performing it before its time. The only exception they have in this, based on the narration of Abdullah ibn Mas'ud, is in Arafat (where Zuhr and 'Asr are combined) and in Muzdalifa (where Maghrib and 'Isha are combined). The remaining three schools permit combining in other circumstances too as when a person is traveling, or it is raining heavily, etc.

There are many ahadith related on this issue and have been discussed by the four schools. The Hanafis have judged all the narrations on this issue to be based on the method of "apparent combining" [Jam' al-Suri] not "real combining" [jam' al-Haqiqi]. This position is based on the fact that we are told to make every prayer on time, and there are ahadith of Ibn Mas'ud which clarify that the Prophet  never combined the prayers together [by taking a prayer out of its time] except in 'Arafat and Muzdalifa during the pilgrimage.

The following, which is an excerpt from the Fiqh al-Imam: Key Proofs in Hanafi Fiqh may be useful in understanding the ahadith on this issue:

3. 'Abdullah ibn Mas'ud, Radi-Allahu anhu, relates:

I never observed the Messenger of Allah  perform any prayer out of its time except at Muzdalifa. He combined Maghrib and 'Isha at Muzdalifa (Sahih al-Bukhari 1:227, Sahih Muslim 1:417, Sharh Ma'ani 'l-athar 1:164).

4. Another narration of Ibn Mas'ud, Radi-Allahu anhu, states:

The Messenger of Allah  combined two prayers whilst on a journey. He would combine Maghrib and 'Isha by delaying Maghrib until just before its expiry time, and performing 'Isha immediately as its time entered (Musannaf Ibn Abi Shayba 2:458).

5. 'A'isha, Radi-Allahu anha, narrates:

The Messenger of Allah  whilst on a journey, would delay Zuhr and perform 'Asr early and would delay Maghrib and perform 'Isha early [i.e. perform each prayer in its own time] (Sharh Ma'ani 'l-athar 1:164, Musannaf Ibn Abi Shayba 2:457).

6. Ibn 'Abbas, Radi-Allahu anhu, narrates:

I performed eight rak'ats together [four of Zuhr and four of 'Asr] and seven rak'ats together [three of Maghrib and four of 'Isha] with the Messenger of Allah . [One of the narrators says,] "I asked Abu 'l-Sha'tha', 'I assume he delayed Zuhr [to the end of its time] and performed 'Asr as soon as it entered, and delayed Maghrib [likewise] and performed 'Isha early.' He replied, 'I also think the same'" (Sahih Muslim 1:246, Musannaf Ibn Abi Shayba 2: 456).

This hadith of Sahih Muslim is very clear about the exact description of combining two prayers. The method described by the narrator is jam' al-suri.

7. Imam Abu Dawud has transmitted the following:

The muezzin of 'Abdullah ibn 'Umar informed him it was time for prayer. Ibn 'Umar, Radi-Allahu anhu, instructed him to continue on the journey. When the red of sunset [shafq ahmar] had nearly disappeared, he got of from his mount and performed Maghrib, then he waited until the red had completely disappeared and performed Isha. He then said, "Whenever the Messenger of Allah  was in a hurry for some reason, he would do just as I have done" (Sunan Abi Dawud 1:178).

As we can see, the method of combining mentioned in the above ahadith is none other than that of jam' al-suri. It is an agreed upon method which nobody has any argument with. How can there be an objection to two prayers being performed together in a way that does not cause them to be performed either before their stipulated time or after it? Undoubtedly, this is the safest method of combining two prayers, and would be the most suitable way to explain the ahadith on combining.

It is also common knowledge that the Fajr prayer should not to be performed before its time or intentionally delayed beyond it. Similarly, other prayers should not be performed out of their stipulated times either, especially not while considering it to be sunna. This indicates that the sunna method of combining two prayers is jam' al-suri, as has also been substantiated through the Qur'an and Hadith. This is the Hanafi opinion in this issue.

Dars-e-Tirmidhi (1/440-445) by Mufti Taqi Usmani

باب ما جاء في الجمع بين الصلاتين

جمع رسول الله صلى الله عليه و سلم بين الظهر والعصر

The Imams agree that it is not allowed to combine two salahs without any (genuine) excuse. However the Three Imams hold that with a (valid) excuse combining the salahs is permissible. And then for the excuse the detail is; According to the Shafiya and the Malikiya journey and rain is an excuse. And according to Imam Ahmad illness is also a (valid) excuse. Then Imam Shafii’ says complete journey is (time of) an excuse while Imam Malik says combining two salahs is permissible only when person is on the move and if he stayed somewhere enroute then combining two salahswill not be permissible at that time. Infact one report from Imam Malik says simply being on the move is also not enough but only if for some reason one has to move swiftly then alone the combining of salahs is permissible and not otherwise. 

Moreover, according to all of them Jama’ Tadqim (combining the salahs at the time of the first one of the two) is allowed as well as Jama’ Takhir (combining the salahs at the time of the second one of the two). For Jama’ Takhir they apply a condition of having made the intention to combine salahs before the time of the first one expires and for Jama’ Tadqim they put the condition of having made the intention to combine the salahs before finishing the first one. 

Imam Abu Hanifa’s opinion is that Jama’ Haqiqi (combing the two salahs during the time of one) is allowed in ‘Arafat and Muzdalifa only (i.e. during Hajj) and is not permissible elsewhere. And excuse or no excuse makes no difference in this, however Jama’ Sauri which is also called Jama’ Fi’li is permissible. It will be like praying Zuhr towards its last time and praying ‘Asr just at the start of its time. This way, both salahs will be in their respective timings but for their being close, it is cosmetically called Jama’ (i.e. combing two salahs). 

The Three Imams (Malik, Shafii’ and Ahmad) seek evidence with those narrations from Anas and Ibn Abbas, may Allah be pleased with them both, that say the Holy Prophet, may Allah bless him, combined Zhur and ‘Asr at the eve of Battle of Tabuk. Narrations with this meaning are found in almost all of the Authentic Books. Moreover, in Abu Dawud etc. there is a narration from M’az bin Jabal which seems to allow Jama’ Taqdim. 

Evidences of the Hanafis: 

1- Allah Almighty says in the Qur’an: 

إِنَّ الصَّلَاةَ كَانَتْ عَلَى الْمُؤْمِنِينَ كِتَابًا مَوْقُوتًا

“Surely, Salah is an obligation on the believers that is tied up with time.” (4:103) 

فَوَيْلٌ لِلْمُصَلِّينَ () الَّذِينَ هُمْ عَنْ صَلَاتِهِمْ سَاهُونَ 

“So, Woe to those performers of Salah , who are neglectful of their Salah,” (107: 4-5) 

And His words: 

حَافِظُوا عَلَى الصَّلَوَاتِ وَالصَّلَاةِ الْوُسْطَى 

“Take due care of all the prayers, and the middle prayer.” (2: 238) 

From all these verses it is clear that salah timings are fixed and being mindful of them is obligatory. And that neglecting them can bring Allah’s wrath. Certainly these verses are absolute categorical in proof and Ahad (i.e. not Mutawatir) narrations cannot compete with them especially when the interpretation of Ahad narrations is possible. 

2- It is narrated from ‘Abdullah bin Masud, may Allah be pleased with him, in Sahih Bukhari (Book of Hajj about prayers in Muzdalifa): 

عَنْ عَبْدِ اللَّهِ رَضِيَ اللَّهُ عَنْهُ قَالَ: مَا رَأَيْتُ النَّبِيَّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ صَلَّى صَلاَةً بِغَيْرِ مِيقَاتِهَا، إِلَّا صَلاَتَيْنِ: جَمَعَ بَيْنَ المَغْرِبِ وَالعِشَاءِ، وَصَلَّى الفَجْرَ قَبْلَ مِيقَاتِهَا " 

It is related that 'Abdullah said, "I never saw the Prophet, may Allah bless him and grant him peace, pray a prayer outside of its time except for two - he joined Maghrib and 'Isha' and prayed Fajr before its time." (Sahih Bukhari, Book of Hajj, Chapter: The time Fajr is prayed at Muzdalifa, Hadith 1682) 

3- Abu Qatadah’s narration has been quoted by compilers of the Sunan, according to which the Propht, may Allah bless him, said; 

لَيْسَ فِي النَّوْمِ تَفْرِيطٌ إِنَّمَا التَّفْرِيطُ فِي الْيَقَظَةِ بِأَنْ يُؤَخِّرَ صَلَاةً إِلَى وَقْتِ أُخْرَى 

“Indeed there is no squandering in sleep. Only when one is awake is there negligence that one delays a salah till the time of the next.” (M’ani al-Athar, Hadith 987) 

4- The prayer timing is proved from sources that reach the degree of Tawatur and Ahad reports cannot change them. 

Evidences for Jama’ Sauri: 

In light of all these proofs, answer to the evidences of the Three Imams is that all the reports from the Holy Prophet, may Allah bless him, about combining salahs refer to Jama’ Sauri and not Jama’ Haqiqi. Arguments in support of taking them to mean Jama’ Sauri are as under; 

1- In Sahih Bukhari it is narrated from Abdullah bin Umar, may Allah be pleased with him: 

رَأَيْتُ النَّبِيَّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ إِذَا أَعْجَلَهُ السَّيْرُ يُؤَخِّرُ المَغْرِبَ، فَيُصَلِّيهَا ثَلاَثًا، ثُمَّ يُسَلِّمُ، ثُمَّ قَلَّمَا يَلْبَثُ حَتَّى يُقِيمَ العِشَاءَ 

"When the Messenger of Allah, may Allah bless him and grant him peace, was travelling in a hurry, I saw him delay Maghrib and then pray it doing three rak'ats.Then he would say the taslim and then after a short time the iqama was said for 'Isha' and he prayed …” (Sahih Bukhari, Hadith 1092) 

The narration is explicitly saying that Ibn ‘Umar, may Allah be pleased with him, waited for some time after Maghrib and then offer ‘isha’. This waiting cannot be except that he wanted to ensure beginning of the time of ‘isha’. Even Hafiz Ibn Hajr (himself a Shafii’) has accepted that in it is the evidence for Jama’ Sauri (Fath al-Bari 2/581). 

2- A even more categorical narration is narrated in Sunan Abu Dawud through Nafi’ bin ‘Abdullah from ‘Abdullah bin Waqid; 

أَنَّ مُؤَذِّنَ ابْنِ عُمَرَ، قَالَ: الصَّلَاةُ، قَالَ: سِرْ سِرْ، حَتَّى إِذَا كَانَ قَبْلَ غُيُوبِ الشَّفَقِ نَزَلَ فَصَلَّى الْمَغْرِبَ، ثُمَّ انْتَظَرَ حَتَّى غَابَ الشَّفَقُ وَصَلَّى الْعِشَاءَ، ثُمَّ قَالَ: «إِنَّ رَسُولَ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ كَانَ إِذَا عَجِلَ بِهِ أَمْرٌ، صَنَعَ مِثْلَ الَّذِي صَنَعْتُ 

The Mu’adhdhin of Ibn ‘Umar said: Salah! (i.e. time for prayer has come). He (Ibn ‘Umar) said, “Keep moving!” Then before the disappearance of the twilight he alighted and offered Maghrib Salah, then he waited till the twilight disappeared and then he offered ‘isha and said, “When the Messenger of Allah, may Allah bless him, was in a hurry about something, he would do as I did.” (Sunan Abu Dawud, Hadith 1212) 

Imam Abu Dawud has not only refrained from commenting on it (which is a sign of his acceptance of the narration) but has also mentioned a supporting narration. Its wording is; 

عَبْدُ اللَّهِ بْنُ الْعَلَاءِ، عَنْ نَافِعٍ، قَالَ: حَتَّى إِذَا كَانَ عِنْدَ ذَهَابِ الشَّفَقِ نَزَلَ فَجَمَعَ بَيْنَهُمَا 

‘Abdullah bin al-‘Ala’ – Nafi’, He said: “When it was near the disappearance of the twilight he alighted and combined the two (i.e. Maghrib and ‘Isha’) (Sunan Abu Dawud, Hadith 1213) 

Moreover Imam Darqutni has also reported it through different chains in his Sunan and has not commented thereon (which is a sign of his acceptance). 

3- In Sahih Muslim it is reported from Ibn Abbas: 

قَالَ: «صَلَّيْتُ مَعَ النَّبِيِّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ ثَمَانِيًا جَمِيعًا، وَسَبْعًا جَمِيعًا» ، قُلْتُ: يَا أَبَا الشَّعْثَاءِ أَظُنُّهُ أَخَّرَ الظُّهْرَ، وَعَجَّلَ الْعَصْرَ، وَأَخَّرَ الْمَغْرِبَ، وَعَجَّلَ الْعِشَاءَ، قَالَ: وَأَنَا أَظُنُّ ذَاكَ 

He said: I observed with the Messenger of Allah, may Allah bless him, eight (rak'ahs) in combination, and seven rak'ahs in combination. I (one of the narrators) said: O Abu Sha'tha', I think that he (the Holy Prophet) had delayed the Zuhr Salah and hastened the ‘Asr Salah, and he delayed the Maghrib Salah and hastened the 'Isha'Salah. He said: I also think so. (Sahih Muslim, Hadith 1521) 

In this report the thinking of two narrators is according to the view of the Hanafis. All these narrations are categorical on Jama’ Sauri.

4- The next narration from Jami’ Tirmidhi which is reported from the Prophet, may Allah bless him, through Ibn ‘Abbas; 

قال من جمع الصلاتين من غير عذر فقد أتى بابا من أبواب الكبائر 

The Prophet said: “Whosoever combines two prayers at a time without a valid reason then he has entered door of the doors of the Kaba'ir (grave sins).” (Jami’ Tirmidhi, Hadith 188) 

Although it is Da’if (i.e. weak) in chain for it comes through Hanash bin Qays about whom Imam Tirmidhi says; 

وهو ضعيف عند أهل الحديث ضعفه أحمد وغيره 

“And he is Da’if in the sight of scholars of Hadith. Ahmad and others have graded him Da’if.” 

But it is supported by a narration from Muwatta of Muhammad: 

قَالَ مُحَمَّدٌ: بَلَغَنَا , عَنْ عُمَرَ بْنَ الْخَطَّابِ , أَنَّهُ «كَتَبَ فِي الآفَاقِ، يَنْهَاهُمْ أَنْ يَجْمَعُوا بَيْنَ الصَّلاتَيْنِ، وَيُخْبِرُهُمْ أَنَّ الْجَمْعَ بَيْنَ الصَّلاتَيْنِ فِي وَقْتٍ وَاحِدٍ كَبِيرَةٌ مِنَ الْكَبَائِرِ» 

Muhammad (bin al-Hassan) said: “It has reached us that ‘Umar bin al-Khattab wrote to all the regions (means governors there) thereby forbidding them to combine two salahs and informing them that combining two salahs in the time of one is from the cardinal sins.”

أَخْبَرَنَا بِذَلِكَ الثِّقَاتُ، عَنِ الْعَلاءِ بْنِ الْحَارِثِ، عَنْ مَكْحُولٍ 

(Muhammad bin al-Hassan said;) Trustworthy men narrated this to us from al-‘Ala bin al-Harith from Makhul. (Muwatta of Muhammad, Hadith 204) 

5- in some cases even the proponents of Jama’ Haqiqi have also no choice but to take the combining as Jama’ Sauri e.g. Ibn Abbas’s (R.A.) narration; 

جَمَعَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ بَيْنَ الظُّهْرِ وَالْعَصْرِ وَبَيْنَ الْمَغْرِبِ وَالْعِشَاءِ بِالْمَدِينَةِ مِنْ غَيْرِ خَوْفٍ وَلَا مَطَرٍ 

Sayyidina Ibn Abbas, may Allah be pleased with him, reported that Allah's Messenger , may Allah bless him, offered together the Zuhr and Asr, and the Maghrib and Isha in Madinah although there was no fear or rainfall. (Jami’ Tirmidhi, hadith 187) 

Other Imams are also forced to take it to mean Jama’ Sauri. Only Imam Ahmad has taken it for the time of illness but this is farfetched for it not expected that all the population was ill at that time. Secondly when Ibn Abbas (RA) was asked as to what was the purpose of this combining of Salahs? He simply said: 

أن لا يحرج أمته 

“that his ummah should not be put to difficulty.”

Had it been about illness Ibn Abbas (RA) would have mentioned it. For this reason Hafiz Ibn hajr has accepted in Fath al-Bari (2/24) that it is better to take it to mean Jama’ Sauri. And this is a fact that there is no other way except to take this narration to mean Jama’ Sauri. And when this narration will be taken to to mean Jama’ Sauri then other narrations shall also be taken as such. 

6- If by combing is taken as Jama’ Sauri then all the narrations are reconciled. On the other hand if it is taken as Jama’ Haqiqi then Ibn Abbas’ (RA) narration in this chapter and the report from Ibn Masud (RA) in Bukhari and Muslim have to be left out. And certainly an interpretation that reconciles all the narrations will take precedence. 

7- Allama Usman in Fath al-Mulhim has made a subtle point in favour of taking it to mean Jama’ Sauri. Wherever in Ahadith is the mention of combining two salahs it is always about combining Zuhr and ‘Asr or Maghrib and ‘Isha’. Other than these cases combing two salahs is neither reported nor does anyone consider it permissible. Therefore the Three Imams also stand for combining in these two cases only. Combining Fajr and Zuhr, ‘Asr and Maghrib or ‘Isha’ and Fajr is neither permissible in anyone’s opinion nor is it reported in any narration. If it’s about Jama’ Haqiqi then there is no valid reason for this difference that combining Zuhr and ‘Asr is permissible but combining ‘Asr and Maghrib is not. However if it is taken to mean Jama’ Sauri then we get the reason for the difference. And that is, Jama’ Sauri between Fajr and Zuhr is not possible for there is wide gap between their timing and it is not allowed between ‘Asr and Maghrib and ‘Isha’ and Fajr as the last timing of both ‘Asr and ‘Isha’ is Makruh (i.e. reprehensible). This shows that Holy Prophet’, may Allah bless him, combining of two salahs was Jama’ Sauri and not Jama’ Haqiqi else it would have been for every two consecutive salahs.