An original Deoband.org article
By 'Allamah Ibn Rushd al-Qurtubi
Translated by Shaykh Humzah Wald MaqbulA Translation From the Bidayat al-Mujtahid of Ibn Rushd al-Hafiz al-Qurtubi, An Authoritative Manual on the Fiqh of the Four Madhhabs and the People of the Sunnah.
[The people of knowledge] have differed about [what to do] when the 士id and the Friday fall on the same day: would the 士id [prayer] suffice [one who prayed it] in place of the Friday prayer? A group [of the people of knowledge] said: “The 士id [prayer] suffices [one who prayed it] in place of the Friday [prayer], and such a person is not obligated to pray [after the 士id prayer, anything] except 士Asr.” This is the opinion of 士Ata’, and it has been attributed to Ibn Zubayr and 士Ali [may Allah be well pleased with them].
[Another] group said, “This is a dispensation meant for Bedouin nomads who come especially to a metropolis only for 士id and the Friday prayer.” This is in accord with what has been attributed to Sayyiduna 士Uthman, [may Allah be well pleased with him,] that he gave the khutbah of 士id on a Friday, then said, “Whoever of the people of 士Aliyah[1] wishes to await the Friday prayer, let him wait; whoever wishes to return, let him return.”
[This] was narrated by Malik in the Muwatta’, and similar has been attributed to 士Umar ibn 士Abd al-士Aziz, and Shafi士i has chosen it [as his fatwa, may Allah have mercy upon them all][2]
Malik and Abu Hanifah said, when 士id and Friday coincide, a legally responsible person is expected to perform both: 士id because it is a sunnah[3] ), and the Friday prayer, because it is obligatory. [They maintain that] neither one takes the place of the other; this is the default assumption that is to be taken, unless there is some [explicit] legislation to the contrary which [is so strong that one] is obliged to change [one’s opinion] to it.[4]
Those who take the opinion of [Sayyiduna] 士Uthman [do so] because it is a matter that one cannot deduce by mere opinion; rather [according to them], it can be nothing other than [a fatwa] in accordance [to the Sunnah]. [Also] it is not totally outside the bounds of the default state [of the Shari士ah, as it still has most people obliged to pray the Friday prayer].
As for dropping the obligatory Zuhr and Friday prayers, which would be dropped in the place of the 士id prayer, this would be very much against the default state [of the rulings of the Shari士ah and has no weight] unless there is some explicit legislation to the contrary, which [is so strong that one] is obliged to follow it.[5] [The scholars of this opinion further] differed about one who missed the 士id prayer with the Imam. A group said that he should pray four [raka士at]. This is the opinion of [Imams] Ahmad and [Sufyan] al-Thawri. It is also attributed to [士Abdullah] ibn Mas士ud, [may Allah be pleased with them all].
A group of them said that [such a person] should make up [the 士id prayer], praying it like the 士id prayer is prayed: two raka士at in which one makes the takbirs just as one would do so in the 士id prayer, and one recites out loud just as one would do so in it. This is the opinion of Shafi士i, [may Allah have mercy on him], and Abu Thawr.
[Another] group of them said that he should just pray two [normal] raka士at, in which he neither recites out loud, nor makes any of the [extra] takbirs of the 士id prayer.
[Yet another] group of them said that if the Imam has prayed in the same place [that the one who missed the prayer is praying], then he should pray two raka士at; if he is praying in a place other than the musallah [of the Imam], then he makes up four raka士at.
[And yet another] group of them said that he is basically neither obliged to [nor is he able to] make up [the 士id] prayer. This is the fatwa of Malik and his companions. [The great third century mujtahid] Ibn al-Mundhir [also] relates [from Malik] an opinion similar to that of Shafi士i [may Allah have mercy on them all].
As for those who said that [he must make up] four [raka士at], he has made it [i.e. the 士id prayer] the equivalent to the Friday prayer. This is a weak comparison.
Those who said that [he must make up] two raka士at in the way that the Imam prayed them go towards the position that the default state is that a make-up prayer should be performed in the manner of the prayer missed.
Those who said that [the 士id prayer] cannot be made up, [say so] because it is a prayer [whose validity] is conditioned on [the presence of] the congregation and the Imam, similar to the Friday prayer. For this reason one is not obliged to make it up through two or four raka士at, as [even if he prayed them] they wouldn’t mean anything [as a true replacement to the 士id prayer]. These two rulings are the ones in which there is a [valid] difference of opinion, by which I mean the opinions of Malik[6] and Shafi士i.
As for the rest of the rulings [mentioned] on this issue, they are weak, and meaningless, because the Friday prayer replaces, [however is different from] Zuhr, and these [i.e. the set of four raka士at] don’t seem to stand in the place of anything, [in that they are prayed before the time that Zuhr comes in, so they cannot validly be considered Zuhr, and since they are four, they don’t even resemble 士id or the Friday prayer. This being so,] how can one construct the analogy of one to the other for the purposes of making the prayer up?
In reality even one who misses the Friday prayer and then prays Zuhr, isn’t making up the Friday prayer, as one cannot stand [equally] in the place of the other. Rather he is [only] praying [his normal] Zuhr as an [inferior] replacement for it, [i.e. the Friday prayer] which he missed, and which was obligatory upon him.[7]
And Allah is the One who gives the ability to find that which is correct.[8]
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Is the Friday Prayer Obligatory After the Eid Prayer?_____________________________
士Aliyah here is a reference to 士Awali, an area outside of the city of Madinah which extends from the border of the city, to about three miles out. The people of 士Awali were expected to come to the city for the Friday prayer, except that Sayyiduna 士Uthman exempted them from having to do so, if they prayed 士id on a Friday in Madinah (al-Baji, al-Muntaqa). [↩]
Note that Shafi士i’s opinion is that missing the Friday prayer after having prayed 士id is a dispensation for Bedouins like the people of 士Awali only, and not those who actually live in the city. [↩]
It is a sunnah mu’akkadah according to the most correct fatwa of Malik (Khalil, al-Mukhtasar), and wajib according to Abu Hanifah (Quduri, al-Mukhtasar [↩]
Note that the Hanafis, Malikis and Shafi士is are unanimous that residents of the city are obliged to pray both the 士id and Friday prayers. This is the preponderant majority opinion of the People of the Sunnah. [↩]
Please see footnote no.8 [↩]
Abu Hanifah and Malik both have the same opinion. [↩]
Note that by this tract further Ibn Rushd emphatically restates his opinion that the 士id prayer logically cannot replace the Friday prayer. [↩]
Ibn Rushd was considered to be a master of the rational sciences. It is for this reason that he digests the fiqh of the four madhhabs and the People of the Sunnah from a mostly rationalist perspective. It is from this perspective that he dismisses as baseless the opinion that the 士id prayer can obviate the obligation of, or substitute for the Friday prayer.
As for one who would say that there are hadiths that indicate that the messenger of Allah, may the peace and blessings of Allah be upon him, allowed the people to
(a) skip the Friday prayer, after having prayed the 士id prayer, or that his blessed hadiths indicate that
(b) the Friday prayer can be validly prayed in the time between after sunrise and noon, thus making the 士id prayer, which consists of two raka士at and a khutbah, effectively into a valid Friday prayer; the response is as follows.
The obligation of praying the Friday prayer, as well as the valid discharge of the obligation of praying the Friday prayer in the time of Zuhr is established by tawatur, meaning that it comes through so many narrations and other channels that there is no denying or questioning their validity. One who does so is deemed to be outside of the pale of Islam. This is a point on which all of the People of the Sunnah agree.
If one wishes to modify either these two points they must either bring some kind of rational proof, which would be admissible as long as no hadith is explicitly contrary to it; or they must bring a hadith or narration that is at least as strong as those hadiths or narrations about the default rulings regarding the Friday prayer and its timings that they break (a) or modify (b).
Ibn Rushd is methodical in showing that a rational proof is not forthcoming. He also maintains, as do the Hanafis, Malikis, Shafi士is that there is no hadith which is strong enough to prove the validity of breaking or changing the default rulings regarding the Friday prayers and its timings. This is what he means when he says “… unless there is some explicit legislation to the contrary, which [is so strong that one] is obliged to follow it.”
The Hanbalis don’t claim any rational backing for (a) or (b), rather they bring some hadiths and narrations which they feel fulfill the conditions necessary to either break or modify the default rulings about the Friday prayer and its timings. It is for this reason that the People of the Sunnah hold that the views of the Hanbalis regarding this issue are a valid difference of opinion, despite the majority of Sunni scholarship not accepting them as correct.
My reason for preparing this tract was not to categorically claim that the Hanbali opinion is totally baseless; rather I notice that the average Muslim in my area seems to be under the false impression that the Hanbali opinion is the only one, and that all others are incorrect. This is not only untrue, but it also ignores the fact that the obligation of praying both the 士id and Friday prayers is established by the rulings of the overwhelming majority of the scholars of Islam throughout the ages.
For further reading on the Hanbali basis for the validity of not praying the Friday prayer after praying the 士id prayer, please see al-Mughni of Ibn Qudamah al-Maqdisi. [↩]
Source :
Deoband.org
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