Tuesday, December 20, 2005

Sunnah of Dressing

Our Nabi's 'wardrobe' consisted only of a minimum number of garments that he needed and actually wore. These were frequently patched and had to be repeatedly washed as his wardrobe was very spare.

Prophet SAW's Shirt:

Nabi SAW liked wearing Kurta (long shirt) the most. Nabi sleeves reached up to his wrists and the collar or neckline of his Kurta was towards his chest. Once when the collar of Nabi's Kurta was open a Sahabi (R.A.), for the sake of acquiring blessing, inserted his hand in Nabi SAW's Kurta and touched the seal of Prophethood. (SHAAMAIL TIRMIZI)

Nabi SAW's Kurta used to be above his ankles, reaching up to mid-calf. (HAKIM)

Prophet SAW's Trousers:

Nabi SAW bought trousers but did not wear them. (TIRMIZI)

Other Items:

Our Nabi's clothes consisted of sheet, lungi (loin-cloth), Kurta (long shirt) and amamah (turban). He also had a cloth (towel) with which he dried his face etc. after wudhu.He liked striped sheets. He used to wear a topi (fez/hat) below the amamah and sometimes he used to wear only the topi. Some times it (amamah) had a tail and at other times it did not have a tail. The tail of the amamah (turban) used to fall between the shoulders at his back.

Rasulullah wore a quba (long coat) also. Nabi SAW's lower garment used to end between the knee and the ankle.Rasulullah SAW's sheet was red striped. He also wore green and black woollen sheets (shawl) with or without embroidery. In some narrations it is stated that Nabi SAW's personal life never changed even when he became the Master of the whole of Arabia and Syria. His personal life continued to be austere.

He used to say, "l am only a servant and dress myself like one." The most important sunnat in our Nabi SAW's dressing was convenience and informality and he did not care for any particular kind or quality of clothing. He mostly wore cotton clothing but at times he also wore expensive clothing. He had an expensive outfit which he wore for Jumuah and the two Eids and whilst meeting outside delegations.


Our Nabi SAW prohibited the wearing of silk and gold for men but permitted the ladies. (TIRMIZI)

(Similarly our Nabi ' prohibited men from wearing red and saffron coloured clothing)

He preferred white clothing.but, he used a black blanket also.(SHAMAIL-E-TIRMIZI)

Sunnah of Wearing Shoes:

When wearing shoes or clothing to begin with the right and when removing them to begin with the left. (TIRMIZI)

Our Nabi SAW prohibited walking with one shoe only. (BUKHARI)

Nabi SAW would not throw away clothing until worn patched.(TIRMIZI)

Nabi SAW advised us to keep in mind those people who are poorer than us in the matenal world and those that are more piousand educated than ourselves in deen (religion). (TIRMIZI)

Men should wear their pants (lower garments) above the ankles. (TIRMIZI)

Those men who wear their pants (or any garment eg lungi or Khurta) below their ankles will, on the Day of Qiyarnat, have fire on their ankles and Allah shall not look at them with mercy (MISHKAAT)
NOTE:- This law is for all times whether in namaaz or not.

On the Day of the Conquest of Makkah, our Nabi wore a black amamah (turban). (MISHKAAT)

Our Nabi SAW wore strapped sandals and leather socks (mowzai). (MISHKAAT)

Whenever he lifted his shoes, he did so with the fingers of his left hand.(SHAMAIL-E-TIRMIZI)
HazratAbu Hurairah (RA.) said: "Allah's Messenger cursed the man who put on woman's clothing and the woman who put on man's clothing". (ABU DAWOOD)

Nabi SAW said:- He who puts on clothes and says:-'Praise be to Allah, who clothed me with this, and who provided me with it without any power or might of mine', then his past and present (minor) sins are forgiven. (ABU DAWOOD)

When wearing new clothes our Nabi SAW used to praise Allah then, he would read 2 rakaats Nafi (optional) prayer of thanks and give the old clothes away to any needy person. (IBN-ASAKIR)


Are you aware of any Sunnahs as to how to wear a turban?


The Sunna is to wear it. As to its style and length they vary without specific prescription. The Prophet (saws) wore it withits extremity hanging between his shoulders, as in the report from Ibn `Umar in al-Tirmidhi's Sunan and he said it is hasan.

The Shafi`i said it may also be worn without this extremity.The Salaf wound it also around the chin. This winding is apre-condition for wiping, without which it is invalid to wipeover the turban during wudu'.

Al-Munawi in Sharh al-Shama'iland al-Suyuti in al-Hawi fil-Fatawa said the length isindeterminate. The Shuyukh said the sirwal is put on sittingand the turban is put on standing. At each winding of it,repeat the Shahada and invoke blessings on the Prophet.

The most complete documentation of the rulings that pertainto this vestimentary Sunna is al-Hafiz Muhammad Ja`far al-Kattani's al-Di`ama fi Ahkam Sunnat al-`Imama. I have also seen an excellent long discussion of it in Imam al-Saffarini's Ghidha' al-Albab. See also the pertinent chapter in the booksof Shama'il and their Shuruh. In English: al-Kandihlawi onal-Tirmidhi's Shama'il.

In 1994-1995 I put together a synopsisof this literature which is still available from al-SunnahFoundation of America insha Allah, titled the Turban in Islam.

Sidi G F Haddad


Few Ahadeeth Regarding Headgear ( Topi/Amamah/Turban) of Rasulallah SAW:

1. Aaisha (Radhiallaahu Anha) mentions that when on journey, Nabi (Sallallaahu Alayhi Wasallam) would wear a Topi with ear-flaps. While at home, he would wear a Syrian Topi. (Akhlaaqun-Nani pg.104)

2. Ibn Umar (Radhiallaahu Anhu) says, Nabi (Sallallaahu Alayhi Wasallam) would wear a white Topi. (Tabrani; Majma-uz-zawaaid vol.5 pg.21)

3. Habib ibn Salih (Radhiallaahu Anhu) narrates that when Nabi (Sallallaahu Alayhi Wasallam) would enter the toilet, he wore shoes and covered his head. (Bayhaqi vol.1 pg.96)

4. Waail ibn Hujr (Radhiallaahu Anhu) mentions that he performed Salaat with Nabi (Sallallaahu Alayhi Wasallam) and the Sahaaba (Radhiallaahu Anhum) who were wearing barnases (a type of topi or garment with a hood). (ibn Khuzayma pg.233)

5.Abu Kabsha (Radhiallaahu Ánhu) narrates that the caps of the companions of Rasulullah (Sallallaahu Alayhi Wasallam) used to be round and spacious. (Mirqaat vol.8 pg.246)

It is narrated by Tabrani on the authority of Ibn Umar (Radhiallaahu Ánhuma) that Rasulullah (Sallallaahu Alayhi Wasallam) used to wear a white cap. (Ibid)

6. Hassan Basri (Rahmatullah Alayhi) states that the people (Sahaaba - Radhiallaahu Anhum) used to make Sajda (prostrate) upon their turbans and caps. (Bukhari vol.1 pg.56; Rashidiyya)

7. Mullah Ali Qari (Rahmatulah Alayhi) states that the wearing of the caps has become one of the salient symbols of Islam. (Mirqaat vol.8 pg.246)

It is the only outward and unique salient feature that distinguishes a Muslim from a non-Muslim. No other community group or people wear the Muslim type cap.


Do We Reply To The Second Adhaan Before The Jummua Khutba?

Rasulullah (Sallallaahu Alayhi Wasallam) said, 'When the Imaam comes out (to deliver the Khutbah), there is no Salaat and no speech.' (Nasbur Raaya; Zailee)

And Allah Taãla Knows Best.

Mufti Ebrahim Desai

Monday, December 19, 2005

Isba'al - Pants Below the Ankles

It is narrated from Hadhrat Abu Zarr (Radhiallaahu Anhu) that Nabi (Sallallaahu Alayhi Wasallam) said, 'Three groups of people Allah will not talk to on the day of Qiyaamat nor will he look to them nor will he purify them and for them is severe punishment'. Hadhrat Abu Dharr (Radhiallaahu Anhu) says, 'Nabi (Sallallaahu Alayhi Wasallam) said this three times. Hadhrat Abu Dharr (Radhiallaahu Anhu) said, 'May they be losers. Who are they O Prophet (Sallallaahu Alayhi Wasallam).' Nabi (Sallallaahu Alayhi Wasallam) said, 'He who wears his pants below his ankles. The one who talks of that good which he did for a person and that person who sells his goods with false oaths.' (Muslim)

In this Hadith, firstly, Nabi (Sallallaahu Alayhi Wasallam) speaks about those people who wear their pants below their ankles out of pride. This is a very grave sin. What could be worse than Allah Ta'ala not speaking to a person, not even looking at him and dooming him to a painful punishment.

Furthermore, it is narrated from Hadhrat Abdullah ibn Umar (Radhiallaahu Anhu). He says Nabi (Sallallaahu Alayhi Wasallam) said, 'That part below the ankles which is covered by the pants will be in the fire of hell. Nowadays, when you remind a person to raise his pants above his ankles. He says, 'The Hadith only mentions it in regards to those people who do it out of pride. This is quite a widespread misconception which is dealt with in the following Hadith: Sayyiduna Jaabir ibn Saleem (Radhiallaahu Anhu) reports that Rasulullah (Sallallaahu Alayhi Wasallam) said, 'Be careful with regards to dragging your clothes (below the ankles), for verily it is from the acts of pride.' (Sunan Abu Dawud)

Here, Rasulullah (Sallallaahu Alayhi Wasallam) explains to us that the act of letting the pants go below the ankles is in itself an act of pride. (See Fathul Baari vol.10 pg.210) And as for Salaat in this condition, Sayyiduna ibn Mas'ood (Radhiallaahu Anhu) is reported to have said that such a person is out of the protection of Allah Ta'ala. (Ibid) May Allah Ta'ala save us all, Aameen and

Allah Ta'ala Knows Best,

Mufti Ebrahim Desai

Position of Hanafi Madhab on Non-Zabeeha Meat


Halaal means that the Shari’ah has made it permissible to consume.
What are the qualifications for the meat to be Halal?
The animal must be slaughtered in a Shar’ee manner, i.e. the windpipe, oesophagus and the 2 jugular veins must be severed or at least 3 of them. The name of Allah must be taken at the time of slaughtering. The slaughterer must not be a Mushrik (one who ascribes partners to Allah), nor one who denies the existence of Allah.

Zabeeha in Quran:
Almighty Allah Ta’ala in His infinite mercy has made certain animals Halaal (permissible) for this Ummah. We are required to be thankful to Him by following the dictates of the Qur’aan and Sunnah by ensuring that His name is taken upon slaughtering of the animal. Allah Ta’ala states in the noble Qur’aan:

وَلِكُلِّ أُمَّةٍ جَعَلْنَا مَنسَكًا لِيَذْكُرُوا اسْمَ اللَّهِ عَلَى مَا رَزَقَهُم مِّن بَهِيمَةِ الْأَنْعَامِ فَإِلَهُكُمْ إِلَهٌ وَاحِدٌ فَلَهُ أَسْلِمُوا وَبَشِّرِ الْمُخْبِتِينَ

1. To every people did We appoint rites (of sacrifice), that they might celebrate the name of Allah over the sustenance He gave them from animals (fit for food). But your Allah is One Allah. submit then your wills to Him (in Islam): and give thou the good news to those who humble themselves,- [Surah Al Hajj (22): 34]

وَلاَ تَأْكُلُواْ مِمَّا لَمْ يُذْكَرِ اسْمُ اللّهِ عَلَيْهِ وَإِنَّهُ لَفِسْقٌ وَإِنَّ الشَّيَاطِينَ لَيُوحُونَ إِلَى أَوْلِيَآئِهِمْ لِيُجَادِلُوكُمْ وَإِنْ أَطَعْتُمُوهُمْ إِنَّكُمْ لَمُشْرِكُونَ

2.And consume not of that whereupon the name of Allah Ta’ala was omitted (at the time of slaughter). Indeed it is a transgression. Verily the Shayaateen inspire their friends to cause division with you. If you obey them, you are indeed Mushriks (ascribing partners to Allah).’ (An`aam 122)

وَالْبُدْنَ جَعَلْنَاهَا لَكُم مِّن شَعَائِرِ اللَّهِ لَكُمْ فِيهَا خَيْرٌ فَاذْكُرُوا
اسْمَ اللَّهِ عَلَيْهَا صَوَافَّ فَإِذَا وَجَبَتْ جُنُوبُهَا فَكُلُوا مِنْهَا وَأَطْعِمُوا الْقَانِعَ وَالْمُعْتَرَّ كَذَلِكَ سَخَّرْنَاهَا لَكُمْ لَعَلَّكُمْ تَشْكُرُونَ

3. The sacrificial camels we have made for you as among the symbols from Allah. in them is (much) good for you: then pronounce the name of Allah over them as they line up (for sacrifice): when they are down on their sides (after slaughter), eat ye thereof, and feed such as (beg not but) live in contentment, and such as beg with due humility: thus have We made animals subject to you, that ye may be grateful. [22:36]

وَقَالُواْ هَـذِهِ أَنْعَامٌ وَحَرْثٌ حِجْرٌ لاَّ يَطْعَمُهَا إِلاَّ مَن نّشَاء بِزَعْمِهِمْ وَأَنْعَامٌ حُرِّمَتْ ظُهُورُهَا وَأَنْعَامٌ لاَّ يَذْكُرُونَ اسْمَ اللّهِ عَلَيْهَا افْتِرَاء عَلَيْهِ سَيَجْزِيهِم بِمَا كَانُواْ يَفْتَرُونَ

4.And they say that such and such cattle and crops are taboo, and none should eat of them except those whom - so they say - We wish; further, there are cattle forbidden to yoke or burden, and cattle on which, (at slaughter), the name of Allah is not pronounced; - inventions against Allah's name: soon will He requite them for their inventions. [6:138]

حُرِّمَتْ عَلَيْكُمُ الْمَيْتَةُ وَالْدَّمُ وَلَحْمُ الْخِنْزِيرِ وَمَا أُهِلَّ لِغَيْرِ اللّهِ بِهِ وَالْمُنْخَنِقَةُ وَالْمَوْقُوذَةُ وَالْمُتَرَدِّيَةُ وَالنَّطِيحَةُ وَمَا أَكَلَ السَّبُعُ إِلاَّ مَا ذَكَّيْتُمْ وَمَا ذُبِحَ عَلَى النُّصُبِ وَأَن تَسْتَقْسِمُواْ بِالأَزْلاَمِ ذَلِكُمْ فِسْقٌ الْيَوْمَ يَئِسَ الَّذِينَ كَفَرُواْ مِن دِينِكُمْ فَلاَ تَخْشَوْهُمْ وَاخْشَوْنِ الْيَوْمَ أَكْمَلْتُ لَكُمْ دِينَكُمْ وَأَتْمَمْتُ عَلَيْكُمْ نِعْمَتِي وَرَضِيتُ لَكُمُ الإِسْلاَمَ دِينًا فَمَنِ اضْطُرَّ فِي مَخْمَصَةٍ غَيْرَ مُتَجَانِفٍ لِّإِثْمٍ فَإِنَّ اللّهَ غَفُورٌ رَّحِيمٌ

5. Forbidden to you (for food) are: Al-Maytatah (the dead animals - cattle-beast not slaughtered), blood, the flesh of swine, and the meat of that which has been slaughtered as a sacrifice for others than Allâh, or has been slaughtered for idols, etc., or on which Allâh's Name has not been mentioned while slaughtering, and that which has been killed by strangling, or by a violent blow, or by a headlong fall, or by the goring of horns - and that which has been (partly) eaten by a wild animal - unless you are able to slaughter it (before its death) ­ and that which is sacrificed (slaughtered) on An­Nusub[] (stone altars). (Forbidden) also is to use arrows seeking luck or decision, (all) that is Fisqun (disobedience of Allâh and sin). This day, those who disbelieved have given up all hope of your religion, so fear them not, but fear Me. This day, I have perfected your religion for you, completed My Favour upon you, and have chosen for you Islâm as your religion. But as for him who is forced by severe hunger, with no inclination to sin (such can eat these above-mentioned meats), then surely, Allâh is Oft­Forgiving, Most Merciful

From the above Aayaats, the following points are understood:
1. Meat is not in the same category as other nutrients.
2. The most important condition is that Tasmiyah (taking the name of Allah) be pronounced at the time of slaughter. The Aayaats clearly explain the impermissibility of those animals whose slaughter was not preceded by Tasmiya.
3. The impermissibility of those animals whose lives were ended by means other than Zabah (Shar’ee slaughter) of which Tasmiya is a condition. All such animals are Maytah (carrion) and are expressly forbidden.
4. The Dhabeeha (animal slaughtered) by a Kaafir (non-believer) or Mushrik (polytheist) is Haraam (unlawful). However, those Ahlul Kitaab (people of the book) who also hold the Aqeedah (belief) of Tasmiya at the time of slaughter have been excluded from the Kuffaar majority.
5. The Aayaat number 122 of An`aam explains consumption of meat not slaughtered with Tasmiyah as Fisq – transgression and disobedience. The Aayat then explains that to regard consumption of such meat as Halaal is nothing but a teaching of Shaytaan to cause division among the Ummah. The Aayat also warns that obedience of Shaytaan in this matter is a kin to Shirk (ascribing partners to Allah). Imaam Bukhari has quoted this same Aayat in his magnum opus under the chapter, ‘Intentional Ommission of the Tasmiyah at the time of Slaughter’ to the same import as explained by Hafiz ibn Hajar, the renowned commentator of Sahih Bukhari in the following words: Imaam Bukhari (RA) wishes to point out by citing this Aayat the reproach against using this Aayah as proof to legalise omission of Tasmiyah by inventing baseless interpretations of the Aayat and understanding it in a manner contrary to clear import.’ (Fathul Bari vol.9 pg.778; Qadeemi)

Intentional Omission of Tasmiyah neglectfully or our of Istikhfaaf (regarding it as insignificant)
The Jurists (Fuqahaa) have unanimously agreed that consumption of an animal slaughtered by a Muslim with intentional omission of Tasmiya or regarding such as insignificant is unlawful (Haraam). Imaam Shaaf’ee (RA) has also concurred with this view. (Jawaahirul Fiqhvol.2 pg.388; Darul Uloom from Kitaabul Umm and Tafseer Mazhari) Imaam Abu Yusuf states: ‘The ruling regarding the animal upon which Tasmiyah was omitted (at the time of slaughter) is not subject to Ijtihaad (independent deduction of a ruling from Qur’aan and Hadith). If a judge rules the permissibility of its sale, his ruling will not be given effect due to it being contrary to consensus of opinion.’ (Ibid pg.390; Hidaaya) It should be noted significantly that the above discussion of impermissibility is with regard to a Muslim slaughterer not to speak of a non-Muslim. In the case of a Muslim forgetfully omitting the Tasmiyah, the animal will be permissible for consumption as is the ruling of all the four Madhaahib based on the Hadith of Nabi (Sallallaahu Alayhi Wasallam), ‘A believer always slaughters upon the name of Allah, whether he (remembers to) recites it or not.’ (Fathul Bari vol.9 pg.793; Qadeemi) Animals Slaughtered by Modern Day Jews and Christians ‘The food of Ahlul Kitaab (people of the book) is lawful for you as is your food for them.’ (Maaidah 5)

الْيَوْمَ أُحِلَّ لَكُمُ الطَّيِّبَاتُ وَطَعَامُ الَّذِينَ أُوتُواْ الْكِتَابَ حِلٌّ لَّكُمْ وَطَعَامُكُمْ حِلُّ لَّهُمْ وَالْمُحْصَنَاتُ مِنَ الْمُؤْمِنَاتِ وَالْمُحْصَنَاتُ مِنَ الَّذِينَ أُوتُواْ الْكِتَابَ مِن قَبْلِكُمْ إِذَا آتَيْتُمُوهُنَّ أُجُورَهُنَّ مُحْصِنِينَ غَيْرَ مُسَافِحِينَ وَلاَ مُتَّخِذِي أَخْدَانٍ وَمَن يَكْفُرْ بِالإِيمَانِ فَقَدْ حَبِطَ عَمَلُهُ وَهُوَ فِي الآخِرَةِ مِنَ الْخَاسِرِينَ

5.Made lawful to you this day are At­Tayyibât [all kinds of Halâl (lawful) foods, which Allâh has made lawful (meat of slaughtered eatable animals, etc., milk products, fats, vegetables and fruits, etc.). The food (slaughtered cattle, eatable animals, etc.) of the people of the Scripture (Jews and Christians) is lawful to you and yours is lawful to them. (Lawful to you in marriage) are chaste women from the believers and chaste women from those who were given the Scripture (Jews and Christians) before your time, when you have given their due Mahr (bridal money given by the husband to his wife at the time of marriage), desiring chastity (i.e. taking them in legal wedlock) not committing illegal sexual intercourse, nor taking them as girl-friends. And whosoever disbelieves in the Oneness of Allâh and in all the other Articles of Faith [i.e. His (Allâh's), Angels, His Holy Books, His Messengers, the Day of Resurrection and Al­Qadar (Divine Preordainments)], then fruitless is his work, and in the Hereafter he will be among the losers.[5:5]
Regarding the word, ‘Ta’aam’ (food), ibn Abbaas, Ibn Umamah, Mujaahid and others (Radhiallaahu Anhum) say that it refers to slaughtered animals. This matter (permissibility of these animals) is unanimously agreed upon by all scholars since they also hold the belief of the prohibition of slaughter save in Allah’s name and also due to the fact that they mention only the name of Allah Ta’ala upon their animals of slaughter. (Jawaahirul Fiqh vol.2 pg.4040; from Ibn Katheer) The reason for permissibility has been explained clearly by Allaamah ibn Katheer that due to the unity of belief regarding slaughter between Muslims and the Jews and Christians of that particular time, Allah Ta’ala had permitted consumption of their slaughter. The Ulama of the time had based their rulings on this very same reasoning. When this unity of belief came into doubt, many great Sahaaba (Radhiallaahu Anhum) had not hesitated to rule prohibition. ‘With regards to a Kitaabi, when he omits Tasmiyah (the name of Allah) upon his slaughter and takes some other name, his slaughter is not consumable. This is the ruling of Abu Darda, Ubadah bin Saamit and large faction of the Sahaaba (Radhiallaahu Anhum).’ (Jawaahirul Fiqh vol.2 pg.407; Darul Uloom – from Bahrul Muheet) Regarding the Christian tribe of Banu Taghlib, Hadhrat Ali (Radhiallaahu Anhu) ruled the following: ‘Hafiz ibn Jawzi (RA) has narrated with his Sanad (chain of narrators) from Ali (Radhiallaahu Anhu), ‘Do not consume the slaughter of the Christians of Banu Taghlib since they have not held to any more of Christianity than their drinking of wine.’ (Ibid pg.460 – from Tafseer Mazhari) It is a well-known fact that the majority of present day Christians and Jews no longer hold to this Aqeedah (belief) regarding slaughter. They do not hesitate to consume meat slaughtered by even Pagans and Mushriks (polytheists) and atheists. They have held to even less of Christianity than the Banu Taghlib. Most of them are just Christians and Jews by name, ‘atheistic’ in their beliefs and actions. Their abbatoirs employ machine slaughter wherever possible and do not hesitate to employ pagans and polytheists, e.g. Chinese, Koreans, etc. to carry our slaughter. The Ruling Based on the above Juridical references, Qadhi Thanaullah (RA) a renowned Jurist of his time states the following: ‘The correct and accepted view according to us is the first one that the slaughter of the Ahlul Kitaab with intentional omission of Tasmiyah (taking the name of Allah) or slaughter on some other name (besides that of Allah) is not consumable, if this fact is ascertained with certainity or this is the condition prevailing among them. By this, the prohibition (of the Sahaaba) from consuming the slaughter of the Christian Arabs can be easily understood. Likewise, the ruling of Ali (Radhiallaahu Anhu) (regarding the Banu Taghlib)’ becomes clear. It is likely that Ali (Radhiallaahu Anhu) had ascertained that their omission of Tasmiyah upon slaughter or that they slaughtered upon some other name (besides Allah). A similar ruling has been issued regarding the non-Arab Christians that if it is their normal habit to slaughter without Tasmiyah, their slaughter is not consumable. Concerning the present day Christians there is no doubt in the fact that their methods do not fulfil requirements of Shar’ee slaughter, but they usually cause the death of their animals by other lethal measures, e.g. machine slaughter, etc. hence, their slaughter is impermissible.’ (Jawaahirul Fiqh vol.2 pg.411; from Tafseer Mazhari) The Correct Understanding of the Hadith of Bukhari (cited by many people to justify their claims) “It has been narrated from Aaisha (Radhiallaahu Anha) that some persons said to Nabi (Sallallaahu Alayhi Wasallam), ‘People bring to us meat. We know not whether the name of Allah Ta’ala has been taken (upon its slaughter) or not? Nabi (Sallallaahu Alayhi Wasallam) replied, ‘You people say Bismillah and eat it.’ Aaisha (Radhiallaahu Anha) says, ‘the people referred to (in this Hadith) were new Muslims.’ (Bukhari vol.2 pg.828; Deoband) It is clear that the slaughterers were Muslims, not disbelievers. This is further elucidated by Imaam Maalik (RA)’s narration (of the same Hadith) where the addition of, ‘this was in the beginning of Islam.’ (Fathul Bari vol.9 pg.792; Qadeemi) is found. To believe that these people were non-Muslims is in fact tantamount to accusing the noble Sahaaba of Rasulullah (Sallallaahu Alayhi Wasallam) of the heinous crime of consuming meat slaughtered by polytheists which is expressly forbidden in the Qur’aan: ‘Forbidden to you is carrion … till … and that slaughtered for other than Allah.’ (Maaidah 3) The actual meaning of this Hadith, as understood by similar narrations is that one should not entertain unfounded doubts about a Muslim that he would neglect to mention the name of Allah upon his slaughter. ‘This is what is understood by the context of the Hadith since the answer of Nabi (Sallallaahu Alayhi Wasallam) to the question was, ‘Say Bismillah and eat.’ It is as though they (questioners) were told, ‘That is not your concern, rather what should concern you is to consume it (wholesomely in the Sunnah manner) by saying Bismillah before partaking thereof.’ (Fathul Bari vol.9 pg.793; Qadeemi) Hafiz ibn Abdul-Barr (RA) has emphasised on this point very clearly: ‘Similarly, the slaughter of the Bedouin Muslims will be permissible (for consumption) since they usually know of the Tasmiya (at the time of slaughter). Ibn Abdul Barr (RA) has concluded, ‘In this Hadith, it is understood that the slaughter of a Muslim should be consumed and he should be regarded as having taken Tasmiyah upon its slaughter (even when one is not certain about this fact) because with regards to a Muslim, one should entertain nothing but good thoughts unless concrete evidence is established to the contrary.’ (Fathul Bari vol.9 pg.793; Qadeemi) This import is borne out by other narrations of this same Hadith as follows: ‘The narration of Ibn Uyayna (RA) (one of the Huffaaz of Hadith) has the addition, ‘accept their oaths and eat’, i.e. take their word for it that they have taken Tasmiyah upon slaughter (and partake without doubts). (Ibid pg.793) The narration of Abu Sa’eed: Imaam Tabrani has recorded the narration of Abu Sa’eed though with a difference in wording that he said, ‘accept their word that they have effected (Shar’ee) slaughter.’ (and consume it without doubt). (Ibid) The narration of Imaam Tahawi (RA): Some of the Sahaaba (Radhiallaahu Anhum) questioned Rasulullah (Sallallaahu Alayhi Wasallam) that, ‘Some Bedouins bring to us meat, cheese and fat. We know not the condition of their Islam, (i.e. they are Muslims but of what calibre, we are unaware).’ Nabi (Sallallaahu Alayhi Wasallam) replied, ‘Check that which is prohibited by Allah and abstain therefrom. Whatever Allah Ta’ala has not discussed, he has concessioned you. Your Rabb does not forget. Thus, say Bismillah (and partake). (Ibid) Explaining this Hadith, Allaamah ibn Teen comments: Concerning Tasmiyah upon slaughter carried out by others of which they are unaware, there is no obligation upon them regarding it. The (slaughter) will only be held incorrect when such evidence is established.’ Allah Ta’ala has not made it obligatory upon any Muslim to be aware of Tasmiya upon the slaughter of another Muslim, since the slaugher of another Muslim will be always regarded as correct (accompanied by Tasmiya) unless evidence is established to the contrary. (Ibid pg.794) The above should be sufficient to clarify any doubt in the meaning of the Hadith of Bukhari.

Importance of Muslim Unity with regards to Halaal Meat Shaytaan is ever prepared to bring about division as this will inevitably lead to the collapse of the Muslim Ummah. In his untiring efforts, he has overlooked no sphere of life to cause his mischief even to the extent of nourishment. Allah Ta’ala has warned us of Shaytaan’s inroads in this regard as has been explained already. Shaytaan, possessed of a keen intelligence and discernment knows full well that once the Muslims cannot interact and mix with one another due to suspicion in regards to Halaal and Haraam, this will bring about the much awaited split in the global community of Islam. To combat this, it is required that Muslims take courage and band together to solve this problem, irrespective of colour and race, since the commands of Allah Ta’ala are universal. Due to this solidarity, the Muslims of South Africa, although a minority (around 3 – 4 %) have progressed far ahead in eliminating this problem. With a bit of extra physical and monetary sacrifice, they have managed to establish their own abattoirs in different parts of the country. If Muslims in other parts of the world who have, Alhamdulillah, become a sizeable community were to show such unity and get together, there is every confidence that the problem would be eliminated with little difficulty. To conclude this, let us ponder upon the following words of Nabi (Sallallaahu Alayhi Wasallam): The lawful is clear and the unlawful is clear. Between these lie matters of confusion. Regarding these, many are ignorant. Whomsoever falls into these, falls into the unlawful, like a shepherd grazing (his flock) upon a sanctuary’s perimeter, very soon falls into trespass. Beware! Every king posesses a sanctuary and the sanctuary of Allah Ta’ala are His prohibitions. Take note! In the body resides a piece of flesh, upon its reformation is the entire body’s reform. Upon it’s corruption is the whole body corrupted. Listen! It is the heart.’ (Arba’een Nawawiy)
And Allah SWT Knows Best,

Fatawa by Mufti Ibrahim Desai

Praying Sunnah During the khutba of Salaat-ul-Jumma

Allah Taala commands us in the Holy Quraan: "When the Quraan is read, listen to it with attention and hold your peace: that ye may receive mercy." (Verse 204, Surah Al-A'araaf)

Many commentators like of Mujaahid, Ibn Juraij and Saeed ibnul Musayib (R.A) are of the opinion that the above verse also refers to the period of the Jumuah Khutba and Salaat. ( Tafseer Ibn Katheer - vol 2)

Rasulullah Sallallaahu-alaihi-wasallam has also mentioned: "When one of you enters the masjid whilst the imaam is on the pulpit (delivering the khutba) then he should not perform any salaat nor should he speak until the imaam completes (the sermon)." (Tabrani)

A hadith in Musnad Ahmad also suggests that when one enters the Musjid for Salaatul-Jumua and the imaam has already commenced the sermon, then one should sit down and listen attentively to the sermon and not perform any salaat. ( Musnad Ahmad pg. 75, vol 5)

The above has been the practise of many eminent Sahaba (R.A.) and Tabi'een such as Hazrat Umar (R.A), Uthman (R.A), Ali (R.A), Ibn Abbas (R.A), Imam Malik, Laith, Abu-Hanifa,Thawri, Ibn Sireen (R.A). ( Sharh Muslim -Pg 287, vol 1 / Musannaf ibn abi Shaiba Pg.20, vol 2 )

However, Imaam Shafie and Imaam Ahmad bin Hanbal (R.A), are of the opinion that it is mustahab (preferable) for one who arrives after the imaam has commenced his sermon to perform his Tahiyyatul-musjid. (Sharh-Muslim- Nawawi p.g 287) They have based their view on the strength of an incident that occurred with Hazrat Sulaik Al-Ghatfani (R.A).

Hazrat Jabir R.A narrates that Sulaik Al - Ghatfani entered whilst Rasulullah Sallallaahu-alaihia -wasallam was delivering the Friday sermon and sat down. Rasulullah Sallallaahu-alaihi wasallam enquired of him if he had performed his salaat.When he replied in the negative, Rasulullah Sallallaahu-alaihi wasallam then ordered him with the following:

a) to stand up

b) perform 2 rakaats( nafl-salaat)

c) keep the salaat brief Kitaabul-Jumuah - Sahih Muslim P.g 287, Vol-1)

The majority of the scholars who do not hold the same view as Imaam Shafie & Ahmad bin Hanbal (R.A ), explain the above hadith to be a special case concerning Hazrat Sulaik (R.A.) only.

This line of reasoning has been supported by a narration of Hazrat Abu Saeed Al-Khudri R.A that Rasulullah Sallallaahu-alaihi wasallam had ordered him to offer his 2 rakaats of salaat. He (Sallallaahu-alaihi wasallam) encouraged the sahaaba to be charitable towards him, upon seeing his down-trodden condition. ( Kitaabul- Jumua, Nasaai -Pg.208, vol 1) Hence the deduction of these scholars indicates that the reason for Rasulullah Sallallaahu-alaihi wasallam's ordering him to perform his salaat was for the sahaaba to notice his pitiable, poor and downtrodden condition. In this way Rasulullah Sallallaahu-alaihi wasallam encouraged charity towards him.

Notwithstanding the above incident, Rasulullah Sallallaahu-alaihi wasallam never commanded any other latecomer to stand up and perform his tahiyyatul-musjid, as he commanded Hazrat Sulaik (R.A). There are many incidents which substantiate this view, where a late comer was not commanded by Rasulullah Sallallaahu-alaihi wasallam to offer his salaat. To the contrary he was instructed to sit down and not cause any inconvenience to others. (Nasaai- p.g 207 )

Some narrations also mention that Rasulullah Sallallaahu-alaihi wasallam stopped his sermon, waited for Hazrat Sulaik (R.A) and resumed his sermon after he had completed his salaat.( Musannaf ibn Abi Shaiba-pg.20-vol2) This clearly indicates that Hazrat Sulaik (R.A) did not perform his 2 rakaats during the sermon. Rasulullah Sallallaahu-alaihi wasallam had also asked him to make his salaat brief (whilst he waited for him).This also emphasizes the importance of listening to the sermon.

Infact Rasulullah Sallallaahu-alaihi wasallam prohibited any other activity during the sermon, so that one listens to the advices of the sermon. Even commanding someone with good during the sermon was prohibited, although it is normally wajib act. Hence, if a wajib act was not permitted, then how will a nafl act be given preference over it? (Al bahruraaiq p.g 271 vol 2)

From the above, it can be concluded that it is advisable for the latecomer to sit down and listen to the Friday Sermon and not to engage in any nafl salaat. This viewpoint is strongly supported by the majority of the eminent and pious predecessors.Even, great scholars like Imaam Shafie & Imaam Ahmad bin Hambal are of the opinion that at the most, it is sunnat (and not compulsory) for the latecomer to perform the tahiyyatul-musjid , during the sermon. (Alfiqhul-Islaami wa adillatuhu - p.g 297 vol,2 )

And Allah SWT Knows Best,
Mufti Ebrahim Desai

Postion of the Madahib on the Necessity of using Arabic Language for Salaat-ul-Jumma Khutba

Unlike ordinary lectures - the Jumuáh Khutbah holds a special position in Islam hence the necessity for it being delivered in the Arabic language. Its importance is recorded in the books of Fiqh. One such quotation reads, 'There is no doubt in the fact that the Khutbah in a language other than Arabic is contrary to the Sunnah transmitted from Nabi (Sallallaahu Álayhi Wasallam) and the Sahaaba (Radhiallaahu Ánhum).

The question may arise that in many parts of the world (apart from Arab countries), the congregation for Jumuáh do not understand Arabic. It should be understood that the Khutbah is not a lecture - it is a Dhikr. Allah Taãla says in the Noble Qurãn, '.Hasten towards the Dhikr of Allah.' (Jumuáh 9)

Therefore, the validity of Jumu'ah does not depend upon that audience understanding the Khutbah. Furthermore, the Khutbah is from the Shaãir of Islam (salient features of Islam). Like Hajj, Éid-ul-Adhaa and the Adhaan, the Jumuáh Khutbah too is from the distiguished symbols of Islam, hence, the added emphasis on maintaining it in the manner it was carried out during the lifetime of Rasulullah (Sallallaahu Álayhi Wasallam). It is of utmost importance to maintain the Shaãir of Islam in their original form so that its beauty can become manifest throughout the world. Can you imagine the Adhaan called out in any other language? It would not be called Adhaan, neither would it qualify for Adhaan. Similarly, the Jumuáh Khutbah, if delivered in Arabic - the official language of Islam - will make manifest the essence of Islam. Hereunder is a brief view of the four Imaams regarding the topic under discussion:

1. Imam Abu Haneefa - To deliver the Khutbah in any language other than Arabic is strictly forbidden. (Umdatur Ridaaya, footnote Sharah Wiqaayah vol. 1 p. 200)

2. Imaam Ahmad bin Hanbal - the Khutbah is incorrect in any other language but Arabic, and only if no one present knows Arabic or no one can read it then only will it be permissible in another language.

3. Imaam Muhammad bin Idris Shaafée - it is a pre-requisite that the beginnings of both Khutbahs be in Arabic. If a person who knows Arabic cannot be found then at least one Aayat of the Qurãn be recited and if this too is not possible then some Tasbeeh or Dhikr (in Arabic) be mentioned.

4. Imaam Maaliki bin Anas bin Maaliki - it is a condition that the Khutbah be delivered in Arabic despite the people being non-Arabs. If anyone in the audience cannot speak Arabic or read Arabic, then Jumuáh will fall off and they would have to read Dhuhr Salaat instead of Jumuáh. (Fiqh álal Madhaahibil Arba')

And Allah Ta'ala Knows Best,

Mufti Ebrahim Desai

Missed Raka'ats in Jama'at Salaat


1. A person who has missed any Rakaat and then joined the Jamaat should continue the Salaat with the Imaam to the end. Once the Imaam turns to say the second Salaam, the Masbooq should stand up and complete the missed number of Rakaats.

2. If the Masbooq has missed two Rakaats in Fajr, Dhuhr, Asr or Esha, he should complete both the Rakaats by reciting Surah Faatiha and another Surah in both the Rakaats.

3. If the three Rakaats were missed, the Masbooq should stand up and read Surah Faatiha and a Surah in the first Rakaat. After Sajdah (before standing for the second Rakaat he has to make Qa'adah - sit down - read Tashahhud and then stand for the second Rakaat. In the second Rakaat, he should recite Surah Faatiha and a Surah. Complete the second Rakaat without sitting for Tashahhud. In the third Rakaat, read only Surah Faatiha and complete the Salaat. Note: in the first Rakaat of the Masbooq (late comer) will recite Thanaa, Ta'awwudh, Tasmiyah, Surah Faatiha and a Surah.

4. The Masbooq should recite the complete Tashahhud (Attahiyyaat) only. A simple rule completing missed (whether you joined the Imaam in the third or fourth Rakaat), when you will stand up (after the Imaam make his second Salaam. Your first Rakaat which you will be making up for will be the first Rakaat you have missed with the Imaam. So first, offer those Rakaats in which there is Qiraat and then those which do not have Qiraat (Surah after Surah Faatiha). As for the calculation of the Rakaats, it should be done with that which was made with the Imaam. Then calculate in pairs accordingly.


If a person joins the salaat late, and forgets to get up to complete their missed salaat, what should the person do? If, after making salaam with the Imaam, the person looks to one side and then remembers his error and gets up, completes his salaat, with sajd-e-sahu, is his salaat valid?


Yes, his Salaat is valid. The condition in this instance is that his chest must not turn away from the Qiblah. If this happens, or if he talks, then his Salaat will break and he will have to repeat.

And Allah Ta'ala Knows Best,

Mufti Ebrahim Desai

One Khutbah in Salaat-ul-Eid

My question today is about the Eid Salaat that was conducted at the Islamic Center in Fredericton, Canada.Apparently, after the salaat, there was only 1 khutbah. Will this salaat be valid? If not, what should the muqtadi do, since the imam was adamant that one khutbah is enough. [ Mohammad Nasir, Fredericton, NB, Canada]


Yes, Eid Salaat without one of the Khutbahs is valid. In fact, even if there is no Khutbah at all, Eid Salaat will be valid. However, it will be sinful for leaving out the Sunnah. (Shaami vol.1 pg.166; Tahtawi pg.528)

Wallahu Alam

Mufti Ebrahim Desai

Omitting First Azaan for Salaat-ul-Jummua


Some people are now removing what is now commonly known as the first azan, which was introduced during the time of the Caliphs (rah) and are only calling the azan before the Khutba, because the first azan was not practiced by the Noble Prophet, Sall-Allahu alayhi wa sallam. Can you please confirm the status of the Azan introduced by the Caliph and its place in Shari'ah. Also can people just go and remove practices of Ijmaa of Sahabah with out consequences.
Is Ijmaa of Sahaba binding on the Ummah? Is the Azan practice as introduced by the Caliph fall under the Category of Ijmaa of Sahabah. Is the Salat still valid without this Azan? [Farid Ahmed Degia, Institute of Islamic Propagation & Thought]


The first Azan given for Jumu'ah Salat ahead of the Azan given before Khutbah in front of the Khateeb was introduced by Sayyidna Uthman, Radi-Allahu anhu, due to people being engrossed in mundane activities and reaching the Masjid late thus missing the Wajib Khutbah. Thus another Azan was introduced in order to make them aware of the time for Jumu'ah and make necessary preparations to reach the Masjid in time to listen to the Waajib Khutbah. This was done in the presence of the Sahabah, Radi-Allahu anhum, and they (Sahabah) themselves practiced it.
Therefore, the ruling is categorized as Ijmaa-e-Sahaaba (consensus of the Sahabah) which is the strongest form of Ijmaa.
The ruling through Ijmaa is similar to a ruling proven from a verse of the Qur'an or Hadith Mutaawatir (Noorul Anwaar - Shaykh Ahmad). Just as one who denies any verse of the Qur'an or Hadith Mutawaatir will be declared a Kafir, similarly, to deny a ruling based on Ijmaa of the Sahabah will be Kufr. The second Azan is also similar to the Khilafat of Sayyidna Abu Bakr, Radi-Allahu anhu, established by Ijmaa of the Sahabah.
And Allah Taala Knows Best.

Mufti Ebrahim Desai


In the Jummua Salaat, in our masjid, there is usually one adhaan. I had read the fatwa on your website about the mas`ala and I informed the masjid regarding the ruling. They asked me to make the first adhaan. Now everytime I am able to reach the masjid early, i make the adhaan but if I am late for some reason, there is only one adhaan that day. Will my salaat be valid in such a circumstance? If its not valid, can some of the brothers here who want to adhere to the proper method of sharia, make our own jama`at for Jumua salaat at the university? The last time somebody tried to do something like that was labled by the masjid to be the person dividing the community into two groups. I need your advise to make the right choice.
[Mohammad Nasir, Fredericton, NB, Canada]

It should be borne in mind that for Jumu’ah Salaat, there are two Adhaans, each being independently Sunnah. In fact, the first Adhaan is like the Adhaan of every other Salaat. Many jurists have regarded it to be Waajib. The second Adhaan of Jumu’a is Sunnah. Thus, it is of extreme importance to call both the Adhaans out and to leave any one of them out would be sinful. Rather than you creating a split, it would be preferable that you hand over the task of the Adhaan to someone else. If the Salaat is performed without the first Adhaan, it will nonetheless still be valid. (Shaami vol.1 pg,.384)

Mufti Ebrahim Desai

Salaat-ul-Witr According to Hanafi Madhab

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:

1. Sayyidatuna 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.’

2. Sayyidatuna 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)

3. Imaam 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

4. Thaabit 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

5. Sayyiduna 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

6. Abu 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)

7. Sayyiduna 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:

1. Sayyidatuna 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)

2. Sayyiduna 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)

3. Abul-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

Ml. Muhammad ibn Moulana Haroon Abassommar
CHECKED AND APPROVED: Mufti Ebrahim Desai (Fatwa Department)


Witr Salaat According to Shafi'i Madhab

The Shafi'i madhhab permits a number of ways of performing Witr:

(a) The preferred way is to perform 2 rak'ahs, sit in the second rak'ah, conclude the second rak'ah with salam, and then add a 3rd isolated rak'ah. This method thus gives you 2 sittings and 2 salams.

(b) Another method is to perform 2 rak'ahs, sit in the second rak'ah, and then stand up into a 3rd rak'ah WITHOUT salam. This method gives you 2 sittings and 1 salam.

(c) A third method is NOT to sit in the 2nd rakah at all, but to stand from the sujud of the rak'ah into the 3rd rak'ah. This method gives you 1 sitting and 1 salam. The du'a of qunut in Witr is to be recited only during the second half of Ramadan, from the 16th night onwards. It is recited after the ruku', and with the hands raised in the manner of du'a. However, the face is not to be wiped after the qunut.