Hanafi Fiqh: WITR prayer in haram

Witr Ṣalāh in Makkah and Madīnah

Question

When we visit Makkah and Madīnah in Ramaḍān, should we perform Witr Ṣalāh behind the Imam who does Salām after the second Rakʿah?

بسم الله الرحمن الرحیم

Answer

According to the Ḥanafī school of thought, Witr Ṣalāh consists of three Rakʿah with one set of Salām at the end of the third Rakʿah. However, according to the Shāfiʿī, Mālikī and Ḥanbalī schools of thought, Witr Ṣalāh consists of three Rakʿah with Salām after the second Rakʿah as well as after the third Rakʿah. Accordingly, there is a difference of opinion regarding the validity of a Ḥanafī performing Witr Ṣalāh behind an Imam who leads Witr in this manner with two sets of Salām. The dominant position of the Ḥanafī school of thought is that this is not valid[1] because the Salām after the second Rak’ah invalidates the Ṣalāh. However, some Ḥanafī scholars are of the opinion that the Witr Ṣalāh is valid. This view is shared by many of my teachers as well as many Hanafi scholars from the past and present. They include:

Imam Abū Jaʿfar al-Hinduwānī[2](d. 362/973)[3].
Imam Abū Bakr al-Jaṣṣāṣ al-Rāzī[4](d. 370/981)[5].
Qaḍī Abū Muḥammad ʿAbd al-Wahhāb ibn Aḥmad ibn Wahbān al-Dimishqī[6](d. 768/1367)[7].
Shaykh al-Islām Sirāj al-Dīn Abū Ḥafṣ ʿUmar ibn ʿAlī ibn Fāris[8](d. 829/1426)[9], the teacher of ʿAllāmah Ibn al-Humām (d. 861/1457).
Hāfiẓ Badr al-Din al-ʿAynī (d. 855/1451).[10]
ʿAllāmah ʿAbd al-Ḥayy Laknawī (d. 1304/1886).[11]
Shaykh al-Hind Mawlānā Maḥmūd Ḥasan Deobandī(d. 1339/1920).[12]
ʿAllāmah Anwar Shāh Kashmīrī (d. 1352/1933).[13]
Shaykh Muḥammad Yūsuf Binorī (d. 1397/1977).[14]
Mawlānā ʿAbd al-Ḥaq (d. 1409/1988), Peshawar, Pakistan.[15]
Mawlānā Mujāhid al-Islām Qāsmī (d. 1423/2002) and a group of Indian scholars.[16] This is also the view of Darul Uloom Deoband.[17]
Muḥaddith al-ʿAṣr Shaykh Muḥammad Yūnus Jownpūrī (b. 1355/1936 – ).
Mufti Muḥammad Taqī ʿUthmānī (b. 1362/1943 – ).[18]
Mufti Muḥammad Rafīʿ ʿUthmānī (b. 1355/1936 – ).[19]
Shaykh Yūsuf Motālā (b. 1366/1946 – ), Darul Uloom Bury, UK.
Mufti Shabbīr Aḥmad (b. 1376/1957 – ), Darul Uloom Bury, UK.
Mufti Ṭāhir Wādī (b. 1376/1957 – ), Darul Uloom Bury, UK.
Mufti Muḥammad Salmān Manṣūrpūrī (b. 1386/1967 – ), Moradabad, India.[20]
Mufti Shabbīr Aḥmad Qāsmī, Moradabad, India.[21]
Mawlānā Khālid Sayf Allah Raḥmānī (b. 1376/1956 – ), India.[22]

The preferred opinion is that Witr Ṣalāh in Makkah and Madīnah is valid and should be performed for the following reasons:

The Prophet ﷺ performed Witr Ṣalāh in this manner as well, as narrated in Ṣaḥīḥ al-Bukhārī (990, 993) and other ḥadīth books.
Many companions performed Witr Ṣalāh in this manner including ʿAbd Allah ibn ʿUmar (d. 73/693)[23], ʿUthmān ibn ʿAffān (d. 35/656)[24], Abū Mūsa al-Ashʿarī (d. 44/665)[25], Abū Hurayrah (d. 57/676-7)[26]and others[27] (may Allah be pleased with them).
Performing Witr Ṣalāh in this manner has been narrated from great luminaries and scholars including Muḥammad ibn Sīrīn (d. 110/729)[28], Ḥasan al-Baṣrī (d. 110/728)[29], ʿAṭāʾ ibn Abī Rabāḥ (d. 114/732)[30], Saʿīd ibn al-Musayyib (d. 94/712-3)[31], Awzāʿī (d. 157/773-4)[32], Abū Thawr (d. 240/854)[33], Mālik ibn Anas (d. 179/795)[34], Muḥammad ibn Idrīs al-Shāfiʿī (d. 204/820)[35], Aḥmad ibn Ḥanbal (d. 241/855)[36], Isḥāq ibn Rāhwayh/Rāhūyah (d. 238/853)[37]and others.
There is no narration or historical account that indicates that the companions or their followers would refrain from performing Ṣalāh behind an Imam who held another opinion on a jurisprudential matter such as this one.
Performing Ṣalāh with the large congregation in Makkah and Madīnah is a means of immense reward.
Abstention from performing Witr Ṣalāh in congregation in Makkah and Madīnah is not conducive to unity and could lead to friction and division.
Advising the general public to refrain and walk away from the congregational Witr Ṣalāh could result in many people believing that the other schools of thought are erroneous and that the Ḥanafī school of thought is the only correct school of thought. This also results in disregard for the narrations cited above.
Thousands of people walking away as the congregational Witr Ṣalāh begins would disturb and possibly harm others due to the congestion.
This would also create gaps within rows.
Following another school of thought or a minority view within a school is not impermissible if there is a need to do so, especially when there is no fulfilment of personal desires.

It is therefore advisable for those visiting Saudi Arabia to perform Witr Ṣalāh behind the Imam. Additionally, there is no need to repeat the Witr Ṣalāh as this is contrary to the Prophetic narration that suggests that Witr Ṣalāh should not be performed twice in one night.[38] Similarly, one should follow the Imam and perform the Salām after the second Rakʿah. This is because the Prophet ﷺ has said, “The Imam is appointed so that he is followed.”[39] It should also be borne in mind that the validity of Witr Ṣalāh described above is not restricted to Makkah and Madīnah.

Allah knows best

Yusuf Shabbir, Blackburn, UK

9 Jumādā al-Thāniyah 1437 / 19 March 2016

www.nawadir.org

Wit'r is the 3 Rakaat Waajib Salah done after Esha with one Salam at the end.

Question: How many Rak'aat are in Wit'r Salah?

In the Hanafi Madhab Wit'r Salah is 3 Rakaat (continous) other Imams and Schools of Jurisprudence may disagree. The evidence of 3 Rakaat is as follows:

حَدَّثَنَا يَحْيَى بْنُ يَحْيَى، قَالَ قَرَأْتُ عَلَى مَالِكٍ عَنْ سَعِيدِ بْنِ أَبِي سَعِيدٍ الْمَقْبُرِيِّ، عَنْ أَبِي سَلَمَةَ بْنِ عَبْدِ الرَّحْمَنِ، أَنَّهُ سَأَلَ عَائِشَةَ كَيْفَ كَانَتْ صَلاَةُ رَسُولِ اللَّهِ صلى الله عليه وسلم فِي رَمَضَانَ قَالَتْ مَا كَانَ رَسُولُ اللَّهِ صلى الله عليه وسلم يَزِيدُ فِي رَمَضَانَ وَلاَ فِي غَيْرِهِ عَلَى إِحْدَى عَشْرَةَ رَكْعَةً يُصَلِّي أَرْبَعًا فَلاَ تَسْأَلْ عَنْ حُسْنِهِنَّ وَطُولِهِنَّ ثُمَّ يُصَلِّي أَرْبَعًا فَلاَ تَسْأَلْ عَنْ حُسْنِهِنَّ وَطُولِهِنَّ ثُمَّ يُصَلِّي ثَلاَثًا فَقَالَتْ عَائِشَةُ فَقُلْتُ يَا رَسُولَ اللَّهِ أَتَنَامُ قَبْلَ أَنْ تُوتِرَ فَقَالَ ‏ "‏ يَا عَائِشَةُ إِنَّ عَيْنَىَّ تَنَامَانِ وَلاَ يَنَامُ قَلْبِي ‏"‏ ‏.‏

Sayyidina Abu Salama b. Abd al-Rahman (RA) asked Sayyida 'A'isha (RA) about the (night) prayer of the Messenger of Allah (Sallallaho Alaihe Wassallam) during the month of Ramadan. She said: The Messenger of Allah (Sallallaho Alaihe Wassallam) did not observe either in Ramadan or in other months more than eleven rak'ahs (of the night prayer). He (in the first instance) observed four rak'ahs. Ask not about their excellence and their length (i. e. these were matchless in perfection and length). He again observed four rak'ahs, and ask not about their excellence and their length. He would then observe three rak'ahs (of the Witr prayer). 'A'isha again said: I said: Messenger of Allah, do you sleep before observing the Witr prayer? He said: O 'A'isha, my eyes sleep but my heart does not sleep. [Saheeh Muslim]

Question: Why can't the above Hadeeth be used to justify 8 Rakaat Taraweeh?

Sayyida Aisha (RA) is clearly stating that:

...Messenger of Allah (Sallallaho Alaihe Wassallam) did not observe either in Ramadan or in other months more than eleven rak'ahs (of the night prayer)...

Is Taraweeh offered in months other than Ramadhan?

Question: Is there any other evidence besides this for Wit'r Salah being 3 Rakaat?

حَدَّثَنَا عَلِيُّ بْنُ حُجْرٍ، أَخْبَرَنَا شَرِيكٌ، عَنْ أَبِي إِسْحَاقَ، عَنْ سَعِيدِ بْنِ جُبَيْرٍ، عَنِ ابْنِ عَبَّاسٍ، قَالَ كَانَ النَّبِيُّ صلى الله عليه وسلم يَقْرَأُ فِي الْوِتْرِ بِـ ‏(‏سَبِّحِ اسْمَ رَبِّكَ الأَعْلَى ‏)‏ وَ ‏(‏قُلْ يَا أَيُّهَا الْكَافِرُونَ ‏)‏ وَ ‏(‏قُلْ هُوَ اللَّهُ أَحَدٌ ‏)‏ فِي رَكْعَةٍ رَكْعَةٍ

Sayyidina Ibn Abbas (RA) narrated: "Allah's Messenger (Sallallaho Alaihe Wassallam) would recite during Al-Witr: "Glorify the Name of your Lord the Most High' and, 'Say: O you disbelievers!' and, 'Say: Allah is One,' in each Rak'ah." [Tirmidhi]

The above Hadeeth is Authentic and there are other Ahadeeth with same or similar wordings.

Question: Have any Scholars of Hadeeth passed a Judgement on Wit'r Salah being 3 Rakaat?

Imam Tirmidhi (RA) directly beneath the Hadeeth above states:

وَالَّذِي اخْتَارَهُ أَكْثَرُ أَهْلِ الْعِلْمِ مِنْ أَصْحَابِ النَّبِيِّ صلى الله عليه وسلم وَمَنْ بَعْدَهُمْ أَنْ يُقْرَأَ بِـ ‏(‏سَبِّحِ اسْمَ رَبِّكَ الأَعْلَى ‏)‏ وَ ‏(‏قُلْ يَا أَيُّهَا الْكَافِرُونَ ‏)‏ وَ ‏(‏قُلْ هُوَ اللَّهُ أَحَدٌ ‏)‏ ‏.‏ يُقْرَأُ فِي كُلِّ رَكْعَةٍ مِنْ ذَلِكَ بِسُورَةٍ

And it was adopted by many from people of Knowledge amongst the Sahaba (RA) and those who came afterwards to recite "Glorify the Name of your Lord the Most High' [Surah Ala, Chapter 87] in the first Rakaat, 'Say: O you disbelievers!' [Surah Al-Kafirun, Chapter 109] in the second Rakaat and, 'Say: Allah is One,' [Surah Al-Ikhlas, Chapter 112] in the third Rakaat.

Question: Are there any statements from the Sahabah (RA) for Wit'r Salah being 3 Rakaat?

Yes and as an example here is a saying of Sayyidina Umar (RA):

محمد : أخبرنا أبو حنيفة عن حماد عن إبراهيم النخعي عن عمر بن الخطاب رضي الله عنه أنه قال : ما أحب أني تركت الوتر بثلاث وإن لي حمر النعم

{jb_bluebox}Sayyidina Umar (RA) stated that if I was offered red camels in compensation to abandoning 3 Rakaat of Wit'r I would still not like to abandon them. [Muwatta Imam Mohammed]{jb_bluebox}

Q: I would really appreciate if you could somehow provide with some hadith / reference in support of 3 rakah witr salaat according to the Hanafi Madhab.

In the article that you forwarded to me, the writer has accepted that one may perform 3 Rakaats of Witr Salaat. However, he seems to be imposing the view that this should only be done in the manner that he has understood, i.e. 2 Rakaats with a salaam and thereafter 1 Rakaat. Whilst this method may be correct according to some Madhabs, to impose it on the followers of other Madhabs will not be proper.

Hence, I would hereby mention those proofs that support the Hanafi view on this matter.

According to the Hanafi Madhab, the Witr Salaat should be performed as 3 Rakaats with one salaam at the end only. This view is based on the following:

1Sayyidatuna Aaisha (Radhiallaahu Anha) reports that Rasulullah (Sallallaahu Alayhi Wasallam) never used to make salaam after the first 2 Rakaats of Witr.' (Mustadrak Haakim vol.1 pg.304; Imaam Haakim has classified this Hadith as Sahih according to the requirements of Bukhari and Muslim. Hafiz Dhahabi has also accepted this). Imaam Haakim then says, 'There are various other narrations that support this, from them is the following.'

2Sayyidatuna Aaisha (Radhiallaahu Anha) reports that Rasulullah (Sallallaahu Alayhi Wasallam) used to perform 3 Rakaats of Witr and he never used to make salaam except in the last Rakaat.' (Ibid)

3Imaam Nasaaie (RA) has recorded (the following) on the authority of Sayyiduna Ubayy ibn Ka'ab (Radhiallaahu Anhu) that Rasulullah (Sallallaahu Alayhi Wasallam) used to recite Surah Sabbihisma rabbikal a'alaa in the first Rakaat of Witr, Surah al-Kaafiroon in the 2nd Rakaat and Surah, Qul huwallaahu Ahad in the third and that he (Rasulullah - Sallallaahu Alayhi Wasallam) would not make salaam except in the last of those Rakaats. (Hafiz Iraaqi has classified this narration as Sahih - authentic) – refer Naylul Awtaar vol.1; also see Aathaarus-sunan pg.203; I'elaa-us-sunan vol.6 pg.42

4Thaabit al-Bunaani (Radhiallaahu Anhu), the famous student of Sayyiduna Anas (Radhiallaahu Anhu) says that Sayyiduna Anas (Radhiallaahu Anhu) lead us in the Witr Salaat he performed 3 Rakaats and he did not make salaam till the last Rakaat. (Tahawi vol.1 pg.206 – Hafiz ibn Hajar (RA) has classified the narration as Sahih (authentic) – see al-Diraayah; I'elaa-us-sunan vol.6 pg.44

5Sayyiduna Abu-Zinaad (ra) – a Taabi'ee – says that I found most of the Fuqahaa and the people of knowledge saying that the Witr is 3 Rakaats with only one salaam at the end.' (Tahaawi vol.1 pg.207). Muhaddith Nimawi has classified this narration as Hasan (sound); see Aathaarus-sunan pg.204

6Abu Zinaad (ra) also stated that Khalifah Umar ibn Abdul-Aziz (RA) had established through the verdicts of the Fuqahaa, that Witr Salaat is 3 Rakaats, with no salaam except in the last Rakaat.' (Tahaawi vol.1 pg.207 – Muhaddith Nimawi has declared this narration as Sahih (authentic) – see Aathaarus-sunan pg.204)

7Sayyiduna Umar ibn al-Khattaab (Radhiallaahu Anhu) is also reported to have performed 3 Rakaats Witr with one salaam only. (Mustadrak al-Haakim vol.1 pg.304; Tahaawi vol.1 pg.205-206)

All the above authentic narrations have proven without a shadow of doubt that the Witr Salaat should be 3 Rakaats with no salaam in between. Narrations 5 and 6 have proven this to be the practice of majority of the Fuqahaa (theologians) during the era of the Taabi'een as well. From among the Sahaaba, this is reported to be the practice of Sayyiduna Umar ibn al-Khattaab, Sayyiduna Ali ibn Abi Talib, Sayyiduna Abdullah ibn Mas'ood, Sayyiduna Ubayy ibn Ka'ab, Sayyiduna Zayd ibn Thaabit, Sayyiduna Anas ibn Maalik and Sayyiduna Abu Umaamah (Radhiallaahu Anhum). (refer al-Tamheed of ibn Abdul-Barr vol.4 pg.174)

The following narrations prove that one should definitely sit in Tashahhud after 2 Rakaats and thereafter stand up for the third:

1Sayyidatuna Aaisha (Radhiallaahu Anha) reports from Rasulullah (Sallallaahu Alayhi Wasallam) – as part of a lengthy Hadith – that he also said, 'After every two Rakaats, there is 'Attahiyyaat'.' (Sahih Muslim). This Hadith is general and includes all salawaat as well as the Witr. (I'elaa-us-sunan vol.6 pg.51)

2Sayyiduna Abdullah ibn Mas'ood (Radhiallaahu Anhu) is reported to have said, 'Witr is 3 Rakaats like the Witr of the day, i.e. the Salaat of Maghrib.' (Tahaawi vol.1 pg.206). Muhaddith Nimawi (RA) has declared this narration as Sahih (authentic). (Aathaarus-sunan pg.204). This narration also proves that just as one sits after the first 2 Rakaats in Maghrib Salaat, similarly, one should do so in the Witr Salaat. (I'elaa-us-sunan vol.6 pg.43-44)

3Abul-Aaliyah (Radhiallaahu Anhu) – a Taabi'ee – states that the companions of Muhammad (Sallallaahu Alayhi Wasallam) have taught us that the Witr is just like Maghrib Salaat. The only difference is that we recite Qiraat in Witr, and not in Maghrib, i.e. in the third Rakaat. (Tahaawi vol.1 pg.206). Muhaddith Nimawi (RA) has declared it Sahih (authentic)

This is a clear proof for the Hanafi Madhab in that the Maghrib Salaat and Witr will be identical in all aspects, except the Qiraat in the third Rakaat. Hence, the Tashahhud in the second Rakaat is also backed / supported by this narration.

Now, as for the narrations quoted by the writer in that article, one should first understand that Rasulullah (Sallallaahu Alayhi Wasallam) always encouraged that one should perform some Nafl Salaat before the Witr Salaat and that the Witr should not be the only Salaat performed after Esha. This was also the constant practice of Rasulullah (Sallallaahu Alayhi Wasallam). Hafiz ibn Abdul-Barr Maaliki (RA) states that Witr according to them is only after some other Salaat that precedes it.' (al-Tamheed vol.4 pg.177)

It is precisely for this reason that in some narrations – as quoted by the writer – there is mention of 5 Rakaats of Witr and 7 Rakaats as well which in actual fact refers to what we have just mentioned, i.e. from the 5 or 7 Rakaats, the last 3 are actually the Witr and the remaining 2 or 4 would be the Nafl that was supposed to precede it.

The same answer will apply to the first narration that, 'Don't pray 3 Rakaats Witr, pray five Witr or seven Rakaats Witr, but don't make similarity to Maghrib'.

The reason for preventing the Witr from being like Maghrib Salaat is obvious, and that is because there is no Nafl Salaat that precedes it. (see al-Nukatu Tareefah of Allaamah al-Kawthari pg.186)

As for the narration of Sayyiduna Abdullah ibn Umar (Radhiallaahu Anhu) that mentions that one should make salaam after 2 Rakaats and thereafter perform 1 Rakaats only, this practice is further weakened by a narration of Mustadrak al-Haakim wherein Hasan al-Basri (RA) is reported to have been asked about this narration. It was said to him, 'Verily, Sayyiduna Abdullah ibn Umar (Radhiallaahu Anhu) used to make salaam after the 2 Rakaats of Witr?' He replied, '(His father) Sayyiduna Umar al-Khattaab (Radhiallaahu Anhu) was more knowledgeable than him and he would (not make salaam and) stand up for the third Rakaat.' (Mustadrak vol.1 pg.304)

This is besides the fact that Rasulullah (Sallallaahu Alayhi Wasallam) is reported to have prohibited from performing one Rakaat only. (refer al-Tamheed vol.4 pg.177; al-Nukatu Tareefah pgs.182-183)

Lastly, I'm sure that the above information is more than enough to eradicate any sort of doubt concerning the Hanafi viewpoint on this issue.

and Allah Ta'ala Knows Best

Q) Raising Hands in the Takbir for Qunut in Hanafi MadhaI had said this a few months back to a young brother:

Some evidences for Raful yadayn in the Takbir for Qunut (which in our Madhhab is before the Ruku).

Imam al-Bukhari in his treatise on Raful Yadayn quoted some narrations:

حدثنا عبد الرحيم المحاربي حدثنا زائدة عن ليث عن عبد الرحمن بن الأسود عن أبيه عن عبد الله أنه كان يقرأ في آخر ركعة من الوتر قل هو الله ثم يرفع يديه فيقنت قبل الركعة قال البخاري وهذه الأحاديث كلها صحيحة عن رسول الله صلى الله عليه وسلم وأصحابه

This narration states that Abdullah ibn Mas'ud (ra) would recite in the last Rak'a of Witr Qulhuwallahu ahad and then raise his hands for Qunut before the Ruku.

Imam al-Nimawi in his Athar al-Sunan (p. 210) said it has a Sahih Isnad.

Also, Bukhari in his Juz Raful Yadayn narrated the following

حدثنا قبيصة حدثنا سفيان عن أبي علي هو جعفر بن ميمون بياع الأنماط قال سمعت أبا عثمان قال كان عمر يرفع يديه في القنوت

The above narration mentions that Umar (ra) would raise his hands in Qunut

Imam al-Nimawi declared this last Isnad to be Hasan in his Athar al-Sunan (p. 210)

He also mentioned from Imam al-Tahawi's Sharh Ma'ani al-Athar from Ibrahim al-Nakha'I that he said that one should raise the hands in 7 places: One of which specifically mentions the Takbir for Qunut in Witr Salah. Imam Nimawi said this narration has a Sahih Isnad (Athar al-Sunan, p. 210)

I also found some very similar narrations as above in the 2nd vol of Musannaf Ibn Abi Shayba from Ibn Mas'ud and Ibrahim –

( 141 ) في رفع اليدين في قنوت الوتر ( 1 ) حدثنا أبو بكر قال حدثنا أبو الأحوص عن مغيرة عن إبراهيم قال ارفع يديك للقنوت . ( 2 ) حدثنا معاويه بن هشام قال حدثنا سفيان عن ليث عن عبد الرحمن بن الاسود عن أبيه عن عبد الله أنه كان يرفع يديه في قنوت الوتر . ( 3 ) حدثنا عبد الرحمن ب محمد المحاربي عن ليث عن ابن الاسود عن أبيه عن عبد الله أنه كان يرفع يديه إذا قنت في الوتر

http://www.central-mosque.com/index.php/Acts-of-Worship/hanafi-another.html

We agree with doing the prayer behind any of the People of the Qibla whether rightful or wrongful, and doing the funeral prayer over any of them when they die.

Introduction

Academically in the Hanafi Madhab, two opinions exist with regards to the prayer of someone following an Imam (in prayer) and these are summarised as follows:

1Is the prayer of the Muqtadi (follower) evaluated and deemed to be valid according to the principles of Madhab of the Muqtadi (follower) i.e. the Hanafi Madhab?

2Is the prayer of the Muqtadi (follower) evaluated and deemed to be valid according to the principles of Madhab of the Imam (leader) i.e. whichever Madhab he is following?

Academic discussions are meant to broaden the horizons of research and enable hearts and minds to come closer. However, due to rightly guided pious Islamic Scholars articulating their position and issuing Fatwaas based on position 1 many (laymen) have lashed against their position being narrow-minded and for them to have a sectarian agenda. These Scholars are fulfilling the trust (upon them) by conveying what they believe to be the strongest position of their (respective) Madhab.

We believe that the other position (2) of the Hanafi Madhab has not been sufficiently articulated on the Internet and hope that the gap will be fulfilled by this brief treatise on the subject. In our discussions and research all Ulama are vehemently against division (of Muslims) and sectarianism. The differences between Madhahib should be placed in their Academic context and viewed accordingly.

Aqeedah Perspective:

There are no Aqeedah issues involved in praying behind another Imam as Imam Tahawi (RA) clearly states:

ونری الصلاۃ خلف کل بر وفاجر من اھل القبلۃ ، ونصلی من مات منھم

69. We agree with doing the prayer behind any of the People of the Qibla whether rightful or wrongful, and doing the funeral prayer over any of them when they die.

Shaykh (Qari) Tayyab (RA) writes in the commentary of this point:

Sayyidina Abu Huraira (RA) narrated that Allah's Apostle (Sallallaho Alaihe Wassallam) said, "If the Imam leads the prayer correctly then he and you will receive the rewards but if he makes a mistake (in the prayer) then you will receive the reward for the prayer and the sin will be his." [Bukhari]

1Sayyidina Anas ibn Malik (RA) offered Prayer also behind Hajjaj

2Sayyidina Abdullah Ibn Masood (RA) and others performed Salah behind Waleed Bin Uqbah Ibn Abi Mu'eet.

Shah Waliullah (RA):

وَقد كَانَ فِي الصَّحَابَة وَالتَّابِعِينَ وَمن بعدهمْ من يقْرَأ الْبَسْمَلَة، وَمِنْهُم من لَا يقْرؤهَا، وَمِنْهُم من يجْهر بهَا، وَمِنْهُم من لَا يجْهر بهَا وَكَانَ مِنْهُم من يقنت فِي الْفجْر، وَمِنْهُم من لَا يقنت فِي الْفجْر، وَمِنْهُم من يتَوَضَّأ من الْحجامَة والرعاف والقيء، وَمِنْهُم من لَا يتَوَضَّأ من من ذَلِك، وَمِنْهُم من يتَوَضَّأ من مس الذّكر وَمَسّ النِّسَاء بِشَهْوَة، وَمِنْهُم من لَا يتَوَضَّأ من ذَلِك، وَمِنْهُم من يتَوَضَّأ مِمَّا مسته النَّار، وَمِنْهُم من لَا يتَوَضَّأ من ذَلِك، وَمِنْهُم من يتَوَضَّأ من أكل لُحُوم الأبل، وَمِنْهُم من لَا يتَوَضَّأ من ذَلِك.

وَمَعَ هَذَا فَكَانَ بَعضهم يُصَلِّي خلف بعض مثل مَا كَانَ أَبُو حنيفَة أَو أَصْحَابه وَالشَّافِعِيّ وَغَيرهم رَضِي الله عَنْهُم يصلونَ خلف أَئِمَّة الْمَدِينَة من الْمَالِكِيَّة وَغَيرهم وَإِن كَانُوا لَا يقرءُون الْبَسْمَلَة لَا سرا وَلَا جَهرا، وَصلى الرشيد إِمَامًا وَقد احْتجم، فصلى الْأَمَام أَبُو يُوسُف خَلفه وَلم يعد، وَكَانَ الإِمَام أَحْمد ين حَنْبَل يرى الْوضُوء من الرعاف والحجامة فَقيل لَهُ: فَإِن كَانَ الإِمَام قد خرج مِنْهُ الدَّم، وَلم يتَوَضَّأ هَل تصلي خَلفه؟ فَقَالَ: كَيفَ لَا أُصَلِّي خلف الإِمَام مَالك وَسَعِيد بن الْمسيب

Among the sahabah, the tabi'un and their followers, some used to recite the basmala (during the prayer), others would not; Some would recite basmala loudly (during prayer), some others not ; others making qunût in salât ul-fajr, others would not; some would consider ablutions cancelled by a bleeding, nose-bleeding or vomiting and others would not consider ablutions cancelled by one of these reasons; (similarly with touching the genital parts or his wife with pleasure, , or by eating what was touched by fire or with eating camel food). In spite of this, they would pray behind one another. Thus, Abu Hanifa or his 2 pupils, and ash Shafi'i and others would pray behind imaams of Madina etc., although they would not recite basmala loudly nor silently. Ar-Rashîd led prayer after having done a bleeding and Abu Yusuf prayed behind him and didn't repeat his prayer. Ahmad ibn Hanbal thought ablutions were cancelled by nose-bleding or bleeding and when questioned if he would pray behind an Imam who beld but didn't renew his Wudhu he (RA) replied, " Would I not have prayed behind Mâlik or Sa’ïd ibn ul-Mussayyib ?”

Shah Abdul Aziz Dehalvi (RA):

Q: Is it permissible for a follower of the Hanafi Madhab to follow a Shaf’ae, Maliki or Hanbali (Imam)?

The Salah of a Hanafi is perfectly valid behind a Shaf’ae, Maliki or Hanbali. It is because principally there is no division between the four (4) Madhabs and this injunction (of praying behind each other) is clearly elucidated in books of Ahadeeth and Fiqh. However, in our times some Ulama from Transoxiana have spoken (against this following) due to their lack of knowledge and bigotry. Their talk is worthy of refutation and it is not acceptable AT ALL and it is their Ijtehaad. In Makkah Mukarramah (today) this method of following each other is established that these (followers) pray behind each other. If this was not the injunction then what would be the difference between followers of Madhabs of Ahlus-Sunnah and heretical sects? Ahlus-Sunnah and those of knowledge amongst the Fuqaha regard that Haqq (truth) is in all four (4) Madhabs and this principle should be studied in authentic books so contentment of the heart is reached (on the issue) [Fataw-e-Azizi].

Darul-uloom Deoband:

Q) When we Hanafi visit Haramain Sharifain in Ramadan, should we offer witr as the imam does or should we offer with them in their Hanbali way and then repeat our own witr again? And if we do pray with them then should we raise hands the way they do for the Qunoot?

According to Hanafi Fiqh, it is masnoon to offer all the three rakahs of witr with single salam. It is not lawful to perform salam on two rakahs. But according to other three imams it is masnoon to perform salam on two rakah and then offer one rakah with separate salam. According to preferred saying the witr salah of a Hanafi shall not be correct behind an imam who offered it with two salams. But according to Hadhrat Imam Abu Bakar Razi al-Jassas and Allama Ibn Wahban the most famous Hanafi Faqih of the forth period: the witr of Hanafi shall be correct. And at the time of need it is allowable to follow the less famous saying. The need of Hejaz is evident before every one. Hence it is right for a Hanafi to offer witr salah behind imam in Haramain. But when Imam offers salam on second rakah then the Hanafi should not make salam and complete third rakah with him.

فمذهب الحنفية أنه لا وتر عندهم إلا بثلاث ركعات بتشهدين وسلام نعم لو اقتدى حنفي بشافعي في الوتر وسلم ذلك الشافعي الإمام على الشفع الأول على وفق مذهبه ثم أتم الوتر صح وتر الحنفي عند أبي بكر الرازى وابن وهبان . معارف السنن

Allah (Subhana Wa Ta’ala) knows Best

Darul Ifta,
Darul Uloom Deoband

Darul-uloom Karachi:

Many Ḥanafī scholars are of the opinion that the Witr Ṣalāh behind an Imām who leads Witr in the manner with two sets of Salām is valid.

Shaykh (Mufti) Yusuf Ludhyanwi Shaheed (RA):

Q) Is the prayer of a Hanafi behind a Ghair-Muqallid or Shaf’ae Imam valid or not?

If it is conclusively known that the Imam considers and pays due regard to fulfilling the Arkaan (necessary pillars) and conditions of prayers of his followers then praying behind him would be valid without any reservations. However, if it is conclusively know that the Imam DOES NOT pay due regard to fulfilling the Arkaan (necessary pillars) and conditions of prayers of his followers then praying behind him then praying behind him would be invalid. If the condition of the Imam is not known then such following would be Makrooh (disliked). A vast majority of Ghair Muqallids today not only don’t pay due regard to fulfilling the Arkaan (necessary pillars) and conditions of prayers of his followers but regard them to be incorrect and deliberately act in contradiction to them and consider their (opposition) to be an act of virtue so steps should be taken to avoid following them. However, if such a situation arises (from time to time) then prayer should be done behind them and Jamaat should NOT be abandoned. This is when the Imam has the correct Aqeedah but if his Aqeedah is Faasiq and he considers Muqallids (Mushriks) or disparages the Salaf then his Imam will be Makrooh-Tahreemi (prohibitively disliked).

إن تيقن المراعاة لم يكره ، أو عدمها لم يصح ، وإن شك كره

Shaykh (Mufti) Ashiq Ilahi Bulandshahrī Muhājir Madanī (RA):

His son Shaykh (Maulana) Abdur-Rahman (HA) writes:

Whenever my respected father (RA) was queried regarding the issue of praying Witr in Haram (after Taraweeh) which is performed with 2 Salams as to whether one should join the congregation or pray alone he used to respond that it should be performed with congregation. It is because Sayyidina Abdullah Ibn Umar (RA) used to perform (Wit’r) like this. My father was moderate and flexible in this regards and used to say that the multiple methods of Witr have been narrated in Ahadeeth. [Albalagh, page 35, September 2002/Rajab 1423]

Shaykh (Allamah) Anwar Shah Kahsmiri (RA):

Yes, the Witr of a Hanafi when praying behind a Shaf’ae (and the Shaf’ae performs a Salam at the end of the second Rakaat as per their Madhab and then concludes the Witr) is valid according to Imam Abu Bakr al-Jassas al-Razi (RA) [died 370 AH] & Ibn al Humam etc.

نعم لو اقتدي خلف الشافعي وسلم الشافعي علي الركعة الثانية كما هو مذهبم ثم اتم الوتر الحنفي عند ابوبكر الرازي و ابن هبان - العرف الشذي شرح سنن الترمذي

Darul-uloom Haqqaniya (Akota Khattak):

What is the ruling of praying 1 Wit’r while following a Non-Hanafi Imam?

If a Non-Hanafi Imam performs 3 Wit’r without performing a Salam after 2 Rakaat then such following is correct. Similarly if he performs Salam after two Rakaat then according to Imam Abu Bakr al-Jassas al-Razi (RA) [died 370 AH] and other Mutakhireen (later) Fuqaha permit it and this opinion is (preferred) due to (our) circumstances [Fatawa Haqqaniya, Vol 3/Pg246]

لما قال الامام ابوبكر الجصاص الرازي: یجوز اقتداء الحنفی بمن یسلم علی الرکعتین فی الوتر و یصلی معه بقية الوتر لان امامه لا يخرج بسلامه لانه مجتهد فيه - البناية في شرح الهداية

قال العلامة انور شاه الكشميري: نعم لو اقتدي خلف الشافعي وسلم الشافعي علي الركعة الثانية كما هو مذهبم ثم اتم الوتر الحنفي عند ابوبكر الرازي و ابن هبان

Shaykh (Maulana) Shabbir Ahmed Muradabadi (HA):

The Fuqaha of the Hanafi Madhab consider it necessary for the Wit’r Salah to be performed as 3 Rakaat with a single Salam (at the end) while the Fuqaha of the other Madhabs consider this method to be Sunnah (and not compulsory or necessary). Evidence is present on both sides. The stronger and relied upon opinion of the Hanafi Madhab is that the Wit’r Salah of the Hanafi behind an Imam who performs Wit’r with a Salam (after the second Rakaat) is not correct however since the fourth (level) Fuqaha of the (Hanafi) Madhab such as Imam Abu Bakr al-Jassas al-Razi (RA) [died 370 AH] & Ibn al Humam (RA) have said that the prayer of a (Hanafi) behind another Imam is valid this Mas’ala (issue) becomes a difference of opinion (amongst) Jursists.

In Masjidul-Haram and Masjidun-Nabawi the Wit’r Salah is (almost) always performed with 2 Salams (2 Rakaat + 1) therefore the Hanafees have some difficulty after Taraweeh. What are they supposed to do? It is possible (perhaps) to start performing Tawaf in in Masjidul-Haram and if not and in Masjidun-Nabawi what is a Hanafi supposed to do? Disrupt the prayers to exit or keep sitting? The follower (Hanafi) begins to subconsciously feel that he is causing a disruption to the congregational (Wit’r) therefore the following of the Hanafi has to be correct!

And we produce the evidence for the prayer to be valid:

At times of need it is permissible to act on a weaker opinion (within the Madhab) and the need (of Haram) is self-evident. Therefore keeping the views of Imam Abu Bakr al-Jassas al-Razi (RA) [died 370 AH] & Ibn al Humam (RA) in mind the prayer of the Hanafi will be valid. Scholars have stated this permissibility as follows:

Thus the Madhab of the Hanafees is that the Wit’r is with 1 Salaam and 2 Tashahuds. Yes, if a Hanafi performs the Wit’r behind a (Shaf’ae) Imam where the Imam sits down and performs a Salam after the second Rakaat then concludes the Wit’r with a third separate Rakaat then the Wit’r of the Hanafi will be correct according to Imam Abu Bakr al-Jassas al-Razi (RA) [died 370 AH] & Ibn al Humam (RA).

وفي البحر : لا يجوز اقتداء الحنفي بمن يسلم من الركعتين في الوتر وجوزه أبو بكر الرازي ويصلي معه بقية الوتر لأن إمامه لم يخرج بسلامه عنده وهو مجتهد فيه

And it is stated in Bah’r that the prayer of Hanafi is not valid behind an Imam who performs Salam after the second Rakaat. But Imam Abu Bakr al-Jassas al-Razi (RA) has stated that it is permissible therefore since the Imam has not exited (or invalidated) his prayer (according to his Madhab) due to the Salam, the prayer of the (Hanafi) follower will be valid because this issue amongst difference of opinion (from the) Jursists.

The second evidence is that the decree of the ruler overrides differences of opinion and since Wit’r is being performed there according to the decree of the ruler then it is binding on the Hanafi to obey the ruler and those who reach (Haram) after travel also pledge to obey the rules and regulations. When someone breaks the injunctions of the ruler he is arrested therefore we can say that the performance of Wit’r is also being performed as a decree of the ruler. This method of performance of Wit’r (and therefore the decree of the ruler in this regard) is not against the Islamic Sharia so there is no room for disobedience because it is the opinion of 3 out of the 4 Imams. This rationale of decree of the ruler overriding differences of opinion is stated by the Ulama as follows:

ان حكم الحاكم رافع للخلاف في الامور المجتهد فيها - تكملة فتح الملهم

Thus the decree of the ruler settles difference of opinion (amongst) Jursists.

فكما ان الزاع يرتفع بالتعمل السابق فانه يرتفع ايضا بتقنين من قبل الحكومة - تكملة فتح الملهم

Shaykhul-Hind (Maulana) Mahmud al-Hasan Deobandi (RA):

The third evidence is that the Shaykh (Allamah) Anwar Shah Kashmiri (RA) has recorded the opinion of Shaykhul-Hind (Maulana) Mahmud al-Hasan Deobandi (RA) that the prayer of a Hanafi behind an Imam (of the other 3 Madhabs) according to their method is valid and correct as it is the opinion of Imam Abu Bakr al-Jassas al-Razi (RA) [died 370 AH] [Anwarul-Manasik of Shaykh (Maulana) Shabbir Ahmed Muradabadi (HA), Pages 389-392].

ولا عبرة بحال المقتدي واليه ذهب الجصاص و هو الذي اختاره لتوارث السلف و اقتداء احدهم بالآخر بلا نكير مع كونهم مختلفين في الفروع و كان شيخنا محمود الحسن ايضا يذهب الي مذهب الجصاص

Translation pending...

1418 Mumbai Hajj Seminar:

This issue was deliberated at Mumbai Hajj house in 1418 and all of the Ulama unanimously agreed with this position (of the prayer of the Hanafi being valid) [Anwarul-Manasik of Shaykh (Maulana) Shabbir Ahmed Muradabadi (HA), Pages 389-392].

Ulama of India:

In Arab lands where the 3 Rakaat of Wit’r Salah are often performed with two Salams then there is leeway for a Hanafi to perform behind such an Imam. If the Imam performs his Salam after two Rakaat then a Hanafi shouldn’t perform his Salam but stand for the third Rakaat (without Salam) [Emerging issues and judgements of Indian Ulama, Page 43]

Shaykh (Mufti) Taqi Usmani Usmani (HA):

If the Wit’r is being performed by a Shaf’ae or Hanbali Imam like what happens in the Haram then the method of our elders is to join the congregation with the intention of Nafil (optional) Salah and then they don’t join them in the 3rd Rakaat but make their dua with the Imam (i.e. join the Imam in dua) and then they perform their Wit’r separately. If someone joins the Imam and performs Wit’r according to them then my dominant thought is that the prayer will be valid because their method of (wit’r) isn’t unsubstantiated or invalid! Although in some of our (Hanafi) books it is written that such following is invalid but some amongst the Hanafees such as Imam Ibn al Humam (RA) say that it is permitted and I love their statement. I say that if Sayyidina Abdullah Ibn Umar (RA) was the Imam then would we not perform Salah behind them and pray individually? So my action (in following my elders) is so because it is closer to caution but I also join the Jamaat (and pray) from time to time [An’aamul-Bari, Vol 4/Pg 204]

Shaykh (Mufti) Rafi Usmani (HA):

When I am in Madina, people ask me about praying Wit’r behind the Imam so I have done some (extensive) research on the matter. I have found that authentic and major (Hanafi) Ulama are on both sides of the opinion. Some say that the person should stick to their own Madhab and abstain and others say that the person should follow and perform Wit’r behind the Imam so when I am asked I say that I perform Wit’r behind the Imam and as the (Imam) performs it. But then I also say that I repeat it later but I neither say nor declare this (repetition) a Waajib. Why? Because do you think that the Imam who is performing (wit’r) Salah is performing it out of his back pocket? No, he also has evidence! And our disagreement is between Rajih (the dominant or distinguished opinion) and Marjooh and this isn’t a matter of Haq vs Baatil! [Parts 3 & 4 of London talk entitled "The Role of the Ulema in Realising Unity"]

Shaykh (Mufti) AK Hoosen (HA):

All of these have been taken from “Over 300 Common Questions with Islamic verdicts regarding Ramadhan” a book which is not available outside of South Africa.

Q) Some brothers claim that Hanafis are not allowed to pray behind a Shafie Imam because they do not wipe (make masah) of the entire head and only put water on the front part of the scalp?

It is permissible to follow Shafi’es etc in all Salaats and vice versa

Q) When the Imam makes dua in wit or Fajr Salah, Should I raise my hand if I follow the Hanafi madhab?

Both ways are permissible. However, the Hanafees state that it is desirable to leave hands on the side.

Q) During the month of Ramadhan I was asked the question that whether a Hanafi can read his witr Salah behind a Shafie Imam?

It is permissible for Hanafis to follow Shafi’es and Hanbalees even if the Imam reads 2 rakaats and 1 rakaat individually. For reference are: Maariful Sunan by Allamah Yusuf Binori (RA), page 163, Arfus Shadhi by Allama Anwar Shah Kashmiri (RA), page 204. Mufti Aashiq Ilahi (RA) was a Mufti of the Hanafis in Madina Munawwara informed me personally that this is permissible. This is the verdict of Mufti Mehmood (RA), Mufti Taqi Usmani (HA) etc.

Shaykh (Mufti) Marghoob Ahmed Lajpuri (RA), Grand-Mufti Burma:

The Wit’r Salah of a Hanafi performed behind a Shaf’ae is correct. If the Shaf’ae Imam performs 3 Rakaat with one Salam and recites the Qunut after Ruku then the Hanafi should also do so (after Ruku) as some from amongst the Sahabah had acted in this manner and the Salah of the Hanafi is not in the least bit invalidated (by it) since the following of the Imam is necessary. The exception of following the Imam (in prayer) is the (regular and perpetual) recitation of Qunut in every Faj’r Salah because this regularity and perpetuity is an innovation (Bid’ah) due to not being proven from the Sunnah. Therefore the Hanafi (follower) should remain silent in Qunut (of Faj’r) as the Imam cannot be followed what is not proven (with evidence) in Islamic Sharia. The Takbeer in the 3rd Rakaat (of Wit’r) is Sunnah and the absence of Takbeer by a Shaf’ae Imam doesn’t invalidate (the prayer).

It is better to have two congregations but what is the case when the Salah (of Witr) is led by a Shaf’ae and he performs Salam after the second Rakaah, is the Salah of the Hanafi valid or invalid? The authentic and correct opinion is that the Salah of (Hanafi) follower will be valid provided that the (Shaf’ae) Imam doesn’t perform an action between the Salam (of second Rakaah) and commencing of third Rakaah which invalidates prayer such as talking etc. The Hanafi should recite the Qunut (without raising hands) after Takbeer.

In the first 15 days of Raamdhan where the Shaf’ae (Imam) had not recited the Qunut the Salah of the Hanafi follower is valid due to the Imam’s prayer being valid according to his own Madhab [Rasaile-Arkaan, Pg108.

Shaykh (Mufti) Tosir Miah (HA):

Q) How should a Hanafi follower act when praying in a congregation behind a Shafie imam who raises his hands in Qunut in Fajr, should he also raise his hands in Qunut? If yes, should he recite anything? If no, what if he is afraid that it causes fitna not to raise the hands?

In the name of Allah, the most Beneficent, the most Merciful.

According to the Hanafi School of Thought a person should not raise his hands to make dua during the Qunut of the Fajr Salah and one should remain silent with his hands on his sides. If the person participated in it then such an action will be considered disliked, but will not render the Salah to be invalid. (Hidayah p.145 v.1 & Fatawa Mahmoodiyah p.370 v.6) Insha Allah your actions should not create a fitnah or mischief. However, if there is a fear of this then you can act upon Imam Abu Yusuf’s opinion who allows a Hanafi to follow a Shafi Imam in the Qunut of Fajr. (Hidayah, Ibid)

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham

Shaykh Yūsuf Shabbīr (HA):