In The Name of Allah, The Most Gracious, The Most Merciful
:salamext:
format_quote Originally Posted by
Al Madani
:sl:
Jazakallah Khayr, but the majority opinion of the scholars, amongst who are those of the calibre of An-Nawawi, Ibn Taymiyyah, Ibn Qayyim, is that the layman ('aami) has no Madhab. He asks any trustworthy mufti and makes Taqlid of him, thus it is said that the madhab of the layman is the madhab of his mufti. A person selects a Madhab for himself when he begins studying Fiqh.
http://www.islamicboard.com/477932-post15.html
y do we make such a big deal about Taqleed. If you are allowed to make indirect Taqlid of a Madhab through your Mufti then y r we making so much fuss about it to the point of creating more disunity within the Ummah.
I will not argue against what the great scholars of the past (may Allah have mercy on them) as those mentioned above, have said regarding this matter since my knowledge and status with Allah, Az wa Jal, compared to theirs is less than the size of an ant. May Allah forgive me. Ameen.
But Taqleed is not haram.
http://islamtoday.com/show_detail_se...main_cat_id=16
brother Madani, plz forgive me if I offended you in anyway. and correct me as I am still learning.
Anyways here is the evidence from Hanafi scholars regarding the differences in Salah.
"Q.) I know that during Sajda, the women are supposed to have their fore arms including the elbow flat on the ground, according to the Hanafis. Could you provide some hadith supporting this view and explain how this came about. Could you also offer an explanation of how the admonition that keeping elbows on the ground is like imitating a dog is pertaining to men. Jazakullah Khair for your time. [Sanzid Rabby]
A.) Woman have been told to contract during the prostration. It is related from Ali, Radi-Allahu anhu, that when a woman prostrates, she should contract and join her thighs together (Musannaf ibn Abi Shayba, Musannaf Abd al-Razzaq). Ibn 'Abbas, Radi-Allahu anhu, was asked about the prayer of a woman. He said, "She should contract and come together" (Musannaf ibn Abi Shayba). It is related from Hasan Basri (may Allah have mercy on him) that a woman should contract in prostration" (Musannaf ibn Abi Shayba). Likewise, Ibrahim Nakh'ay said, "When a woman prostrates she should join her stomach to her thighs and not raise her buttocks and she should not separate [her limbs] as men do. Imam Abu Dawud relates in his Marasil from Yazid ibn Habib that the Messenger of Allah passed by two woman who were praying. He said to them, "When you pray join part of your body to the ground, for women are not like men in this regard. Imam Shafi'i writes in Al-Umm "A man and woman in regards to remembrance and salat are the same, except that I instruct that they be more concealing than men in ruku' and prostration by joining their limbs together. A similar opinion has been related from Imam Ahmad, and such is also the Hanafi opinion.
As far as the following hadith is concerned in which the Messenger of Allah Sall-Allahu alayhi wa sallam said, "Be reposeful in prostration and do not rest your forearms on the ground as a dog does," (Bukhari, Muslim), this prohibition does not extend to women since they have been instructed to contract in prostration, which includes placing the arms on the ground. This is further supported by a version of this narration in Sahih Muslim, which states that "the Messenger of Allah Sall-Allahu alayhi wa sallam prohibited that a man spread his forearms like a beast" -hence, excluding women (see Radd al-muhtar 1:432).
And Allah knows best.
http://www.albalagh.net/qa/0083.shtml"
Chapter 4 – Proofs from Prophetic Hadiths
Imam Bayhaqi has mentioned a principle which is the basis of the differences found in the salah of males and females.
He says:
"The separating factor between the laws of salah of males and females is that of concealment . A woman is commanded to do all those actions which are more concealing for her. " (as-Sunan al-Kubra alil-Bayhaqi: vol. 2 p 222)
RAISING THE HANDS
Hafidh Nur ud-Din Haythami states:
Wa'il ibn Hujr states that Rasulullah said to him, "O Ibn Hujr, when you perform salah, raise your hands till your ears while a woman should raise her hands till her chest . "
(Majma' uz-Zawaa'id: vol. 2 p 103, and I'laa us-Sunan: vol. 2 p 156)
Imam Abu Bakr Ibn Abi Shaybah narrates:
"Abd Rabbih Ibn Zaytun said that he saw Umm ud-Dardaa raising her hands parallel to her shoulders when beginning salah. "
(al-Musannaf li-Ibn Abi Shaybah: vol. 1 p 239)
Ibn Abi Shaybah has also narrated:
"`Ataa was asked how a woman should raise her hands in salah. He replied that she should raise them till her breast " (Ibid)
Based at Makkah, Ataa [the great Follower (tabi`i) and imam] used to issue this fatwa.
Ibn Abi Shaybah narrates:
"Hammad ibn Salamah al-Basri used to say that a woman should raise her hands parallel to her breast when beginning salah. "
(Ibid)
Hammad was based at Kufa and he used to issue this fatwa.
The narration of Ibn Jurayj has been mentioned as follows:
Ibn Jurayj said, "I asked Ataa whether a woman should gesture with her hands like a male when making takbir. Ataa replied that she should not raise her hands like a male. Then he practically indicated with his hands how it should be done by lowering his hands and drawing them very close to his body. Then he said, "In the raising of the hands, a woman is unlike a man . And if she leaves that, there is no harm. ""
The Muslim Ummah continued this practice over the centuries. Imam Zuhri used to issue the same fatwa in Madinah.
PLACING THE HANDS
Allamah Abdul-Hayy Luckhnawi writes:
"As for women, the jurists are unanimous that it is sunnah for them to place their hands on their bosoms. "
(as-Si'aayah: vol. 2 p 152)
There is ijmaa' on this mas'alah.
SAJDAH
Imam Abu Dawud has narrated the following hadith in his Maraaseel:
(Arabic text)
Translation:
"Yazid ibn Abi Habib states that Rasulullah passed by two women who were performing their salah. He said to them, "When you prostrate, then make the parts of your body touch the ground because a woman is unlike a man in these aspects. " (Maraaseel Abi Dawud p 118; and its like in as-Sunan al-Kubra alil- Bayhaqi: vol. 2 p 223)
Imam Bayhaqi narrates the following hadith:
Abdullah Ibn Umar reports that Rasulullah said, "When a woman sits during salah, she should place her one thigh over the other and when she prostrates, she must attach the stomach to her thighs so that is more concealing for her. Indeed, Allah looks at her and tells the angels, "O My angels! Bear witness hat I have forgiven her. ""
(as-Sunan al-Kubra alil-Bayhaqi: vol. 2 p 223)
Imam Abu Bakr Ibn Abi Shaybah narrates the following statement of Ali:
"It is reported that Ali said: "When a woman performs salah, she must practise ihtifaaz and keep her thighs close together. ""
(al-Musannaf li-Ibn Abi Shaybah: vol. 1 p 270, and it has been taken many ways, Abdur-Razzaq has taken it from Isra'il from Abu Is'haq from Harith from Ali and Ibn Abi Shaybah took it from Abul-Ahwas from Abu Is'haq and Bayhaqi took it from Abul-Ahwas, with the mentioned sanad)
Imam Abdur-Razzaq has quoted the following hadith in his Musannaf:
Ali says, "When a woman prostrates, she must practise ihtifaz and keep her thighs close to her stomach. "
(al-Musannaf li-Abdir-Razzaq: vol. 3 p 138)
"Ihtifaaz": to lean on one side and rest on the posterior.
(See Lugaat al-Hadith: vol. 1 p 98)
The following narration has been quoted by Bayhaqi:
"Ali said: " When a woman performs sajdah she must keep her thighs close together. ""
(as-Sunan al-Kubra alil-Bayhaqi: vol. 2 p 222)
The following narration appears in Kanz ul-Ummal:
"Ibn Umar states that when a woman prostrates, she must let her stomach touch her thighs in order to make herself completely concealed. "
(Kanz ul-Ummal: vol. 4 p 117)
Imam Ibn Abi Shaybah narrates:
"Ibrahim says that when a woman prostrates she should join her thighs to her stomach without raising her posterior and without stretching her limbs out like a male. "
(al-Musannaf li-Ibn Abi Shaybah: vol. 1 p 270)
The following words have been narrated by Ibrahim Nakha'i:
"Ibrahim said that when a woman prostrates she must draw her thighs inwards and place her stomach on them. " (Ibid)
Mujaahid:
"Muhaahid used to dislike that a man attach his stomach to his thighs as a woman does. "
(Ibid)
Hasan al-Basri:
"Hishaam reports from Hasan who says that woman should draw herself closely together in sajdah. "
(Ibid)
Imam Abdur-Razzaq narrates:
Ibrahim says, "A woman used to be commanded to place her arm and her stomach on her thigh when she goes into sajdah and not to spread her limbs out as a male does so that her buttocks are not raised. "
(al-Musannaf li-Abdir-Razzaq: vol. 3 p 138)
Allamah Muhammad Taahir al-Gujaraati narrates:
"When a lady performs salah, she must contract herself when she sits down and when she goes into sajdah and she must not spread her limbs out. "
(Majma' Bihar l-Anwaar: vol. 1 p 521)
Based on these narrations, the Fuqahaa have issued the following ruling:
"A woman should contract herself in sajdah and join her stomach to her thighs because this is more concealing for her. "
(al-Hidaayah: vol. 1 p 53)
THE SITTING POSITION
It is mentioned in the Musnad of Imam Abu Hanifah rahimahullah:
"Abdullah ibn Umar was asked how women performed their salah during the era of Rasulullah. He replied that initially they performed tarabbu'. Then they were ordered to themselves close together ad lean onto one side by resting on their left buttocks and completely contracting themselves. "
(Jaami' ul-Masaaneed: vol. 1 p 400)
Taraabu' is to sit cross legged. This narration indicates that initially the women sat in the position of tarabbu' but this command was later abrogated and they were ordered to draw themselves close together and lean onto one side by resting on their left buttocks and completely contracting themselves.
Sheikh Abu’l-Wafaa Afghaani writes:
"This is the most authentic narration of this chapter i.e. the sitting position of women . It is for this reason that Imam Abu Hanifah has made it the basis of his madh'hab. "
(Ta'leeqash-Sheikh Abul-Wafaa Afghaani ala Kitab il-Aathaar lil-Imam Muhammad ash-Shaybaani: vol. 1 p 208)
Abu Bakr Ibn Abi Shaybah narrates:
When Ibn Abbas was asked about the salaah of a woman, he replied, "She must draw herself close together and lean onto one side by resting on her left buttock. "
(al-Musannaf li-Ibn Abi Shaybah: vol. 1 p270)
in another narration of Musannaf Ibn Abi Shaybah (vol . 1 p270), one finds the following words: (Arabic text)
Translation: Ibrahim said: "A woman should sit in salah as a man does. "
This quotation indicates permissibility. However, Naasir ud-Din al-Albaani has interpolated the words of this narration thus:
"A woman should so as a man does in salah. "
(Sifatu Salatin-Nabiy p 207)
This interpolation has clearly changed the meaning of the words and is a misleading act.
The following narration is also quoted by Ibn Abi Shaybah:
Khalid ibn Lajlaaj said that women were commanded with tarabbu' when they sat in salah and they should not sit like men on their buttocks. That is in order that nothing happens. "
(al-Musannaf li-Ibn Abi Shaybah: vol. 1 p 270)
The Fuqahaa took these narrations into consideration and delivered
the following ruling:
"A woman should sit on her left buttock and position her legs out on her right hand side because that is more concealing for her. "
(al-Hidaayah: vol. 1 p 55)
The above narrations indicate that Ibrahim Nakha'i used to issue the fatwa in Kufain accordance with this practise, while in Madinah Mujhaahiddid likewise as did Hasan Basri in Basrah.
These ahaadith and aathaar clearly indicate that the salah of females differs from that of males
Chapter 5 – What the Fuqaha Say
The Hanafi Madh-hab
Allaamah Muhammad Amin Ibn Abidin as-Shami rahimahullah:
"A woman should not raise her hands till her shoulders. She should not take her hands out of her sleeves. She should place one palm over the other on her breast . She should bend only slightly in ruku'. She will not spread her fingers out in ruku' but rather keep them close together and place her palms on her knees without clasping them. She should bend her knees slightly. She should contract herself in ruku' and sajdah. She should place her arms flat on the ground. She should sit with her legs out and resting on her posterior in tashahhud. In tashahud she should keep her fingers close together. If any mistake occurs in salah, she should clap her hands without uttering anything. She cannot make imamah of a male. It is makruh to have a female only congregation. The female imam will stand in their midst. It is makruh for her to attend the congregation. In a mixed congregation the females will stand at the rear. Jumu'ah is not obligatory for her, but if she attends it, she will be absolved of responsibility. Neither is Eid compulsory on her nor the takbir of tashriq. It is not mustahab for her to perform Fajr when it brightens up. In the loud salahs she will not raise her voice. "
(Radd al-Mukhtaar: vol. 1 p 504; see al-Bahr ar-Raa'iq: vol. 1 320)
He says in another place:
"A woman should bend slightly in ruku; without spreading her fingers out completely. However, she must contract herself and place her palms on her knees and bend them slightly . She must not spread out her arms as this is more concealing for her. "
(Ibid p 494)
Mulla Ali Qaari rahimahullah:
"A woman will raise her hands till her shoulder (when performing takbir tahrimah). "
(Fath bab al-`Inayah bi-sharh an-niqayah: vol. 1 p 239, see p 242, 262 and 265; and al-Fataawaa al-Aalamkiriyyah: vol. 1 p 73
Allaamah Badr ud-Din al-Ayni:
"According to Umm ud-Dardaam Ataa, Zuhri and Hammaad and others, a woman should raise her hands till her breasts. "
(al-Binayah fi sharh al-Hidaayah: vol. 2 p 187)
Muhammad ibn Muqaatil narrates the same verdict from the Hanafi jurists. (Ibid)
Burhanud-Din al-Marghinaani rahimahullah, the author of al-Hidaayah states that this is the correct and accepted version.
(al-Hidaayah: vol. 1 p 50)
It is stated in the Fataawaa Aalamgiriyyah:
"As for a female she must bend slightly in ruku' without spreading her fingers out. She must keep them together on her knees by merely placing the palms. She must bend her knees slightly and not spread her arms out.
A female should not spread out in ruku' and sajdah while she will sit on her legs. In sajdah she will make her stomach rest on her thighs .
A woman will sit on her left buttock and position her legs out to the right side. "
(al-Fataawaa al-Alamkiriyyah: vol. 1 p 75)
Imam Abu Ja'far at-Tahaawi rahimahullah:
"As for a woman, our scholars (Hanafi) state that she should sit in a manner that is most concealing. "
(Mukhtasar ikhtilaaf al-ulamaa': vol. 1 p212)
Sheikh Muhammad Zakariyya al-Kaandhlawi rahimahullah:
"It is unconditionally preferable according to us (Hanafi jurists) for a woman to sit on her buttocks with her legs positioned out to the right hand side. "
(Awjaz al-Masaalik: vol. 1 p 258)
Allaamah Abd ul-Hayy al-Lukhnawi rahimahullah:
"A woman differs from a man in many of the actions of salah…"(as-Si'aayah: vol.2 p 205)
He then goes on to list the differences as mentioned by the other jurists.
And Allah knows best.
Madrasah Arabiyyah Islamiyah (Aazadville)
wasalam
-SI-