النص المفهرس
صفحات 181-200
172 Heavenly Ornaments (Behishti Zewar) Bakr went out to perform the salaat. In the meantime, Rasulullah sallallahu alayhi wa sallam felt some relief from his sickness, so he went towards the musjid with the assistance of two people. I can still picture the scene when Rasulullah sallallahu alayhi wa sallam was going with his feet dragging on the floor. That is, he did not even have the strength to lift his feet. Abu Bakr had already commenced performing the salaat and wanted to move back. But Rasulullah sallallahu alayhi wa sallam stopped him and made him perform the salaat. 2. Once Hadrat Umar radiallahu anhu noticed that Sulayman bin Abi Haythama was not present for the fajr salaat. So he went to his house and asked his mother as to why he did not see Sulayman for fajr today. She replied that he had been offering salaat throughout the night and fell asleep at the time of fajr. Upon hearing this, Hadrat Umar radiallahu anhu replied: "I prefer offering fajr salaat with jama'at than spending the entire night in ibaadah. (Muwatta Imam Malik) Shaikh Abdul Haqq Muhaddith Dehlawi rahmatullahi alayhi has written that it is clear from this Hadith that there is more reward in offering fajr salaat with jama'at than tahajjud salaat. It is for this reason that the ulama have written that if spending the night in ibaadah will cause some harm or shortcoming in the fajr salaat, it will be preferable to leave out spending the night in ibaadah. (Ash'atul Lama'aat) 3. Hadrat Ibn Mas'ud radiallahu anhu says: "We witnessed ourselves - the Sahabah - that none would leave out offering salaat with jama'at except an open hypocrite or that person who is sick. But even the sick used to come for jama'at with the assistance of two people. Without doubt, Rasulullah sallallahu alayhi wa sallam showed us the different paths of guidance. And among them is the offering of salaat in those musjids where the adhaan is called out, i.e. where salaat is offered with jama'at. Another advice that he gave us is that whoever wishes to meet Allah Ta'ala on the day of resurrec- tion as a Muslim should make a duty of offering his five times salaat regularly in those places where adhaan is called out, i.e. in those places where salaat is offered with jama'at. Without doubt, Allah Ta'ala has shown the different paths of guidance to your prophet. And this salaat is also among these paths. If you offer your salaat in your homes, as is the habit of the hypocrites, you will most certainly be missing out on the Sunnah of your prophet. And if you leave out the Sunnah of your prophet, you will most certainly be led astray. When a person makes a complete wudu and leaves his home for the musjid, then for every step that he takes he gets one 173 Heavenly Ornaments (Behishti Zewar) reward, his rank is elevated, and one sin is forgiven. We have noticed that no one except the hypocrite stays away from the jama'at. Our state was such that when we used to fall ill, we used to be taken to attend the jama'at with the assistance of two people and made to stand in the saff" (line in which every one stands to offer salaat). 4. Once a person walked out of the musjid without offering his salaat after the adhaan had been called out. Upon this, Hadrat Abu Hurayrah radiallahu anhu said: "This person has disobeyed Abul Qaasim (Muhammad) sallallahu alayhi wa sallam and disregarded his noble order." (Sahih Muslim) Just ponder over what Hadrat Abu Hurayrah radiallahu anhu said in regard to the person who abandoned the jama'at. After hearing this, can any Muslim still have the audacity of leaving the jama'at without any valid excuse? Can any believing person bear disobeying Hadrat Abul Qasim (Muhammad) sallallahu alayhi wa sallam? 5. Hadrat Umme Darda radiallahu anha says: "Once Hadrat Abu Darda radiallahu anhu came to me in an extremely angry state. So I asked him: 'Why are you so angry today?' He replied: "I swear by Allah that I do not see anything wrong in the ummah of Muhammad sallallahu alayhi wa sallam except that they should offer their salaat with jama'at.' In other words, they have even started leaving this out." 6. Many companions of Rasulullah sallallahu alayhi wa sallam report that he said: "The person who hears the adhaan and yet does not attend the jama'at, his salaat will not be accepted." After quoting this Hadith, Imam Tirmidhi says that some ulama have stated that this ruling is for emphasis. The purpose of this is that it is not permissible to leave out the jama'at with- out any valid excuse. 7. Once, Mujahid said to Ibn Abbas radiallahu anhu: "What do you have to say in regard to that person who fasts the entire day and offers salaat throu- ghout the night but does not attend jumu'ah nor the jama'at?" He replied: "He will enter hell." (Tirmidhi) In explaining this Hadith, Imam Tirmidhi says that this rule will apply if a person leaves out jumu'ah and jama'at out of total disregard for them. But if we regard the entry into hell for a few days, then the above explanation will not be necessary. 8. It was the practice of our pious predecessors that if anyone did not come for the jama'at, they used to boycott him for seven days. (Ihya ul-Uloom) 174 Heavenly Ornaments (Behishti Zewar) Opinions of the Ulama with regard to the Importance of Jama'at We have quoted a few sayings of the Sahabah, which in reality portray the words of Rasulullah sallallahu alayhi wa sallam. Now let us look at the ulama and mujtahideen and see what they have to say in regard to jama'at and how they understood these Ahadith. 1. The Zaahiriyyah and a few followers of Imam Ahmad bin Hanbal rahmatullahi alayh say that jama'at is a prerequisite in order for the salaat to be valid. Without jama'at, the salaat is not valid. 2. The correct opinion of Imam Ahmad is that jama'at is fard-e-ayn even though it is not a prerequisite for salaat. This is also the opinion of a few followers of Imam Shafi'i rahmatullahi alayh. 3. Some of the followers of Imam Shafi'i are of the opinion that jama'at is fard-e-kifaayah. This is also the opinion of Imam Tahaawi rahamatullahi alayhi, a high ranking jurist and muhaddith of the Hanafis. 4. Most of the Hanafi scholars are of the opinion that jama'at is wajib. Ibn Humaam, Halabi, the author of Bahrur Raa'iq, and others are also of this opinion. 5. Some Hanafi scholars say that jama'at is sunnat-e-mu'akkadah but it falls under wajib. So, in reality, there is no contradiction between these two opinions of the Hanafis. 6. Our jurists have written that if the people of a city abandon jama'at and do not establish this noble institution even after instructing them to do so, it will be permissible to wage war against them. 7. It is written in Quniyah and other books that it is wajib on the imam of the time to punish the person who leaves out jama'at without any valid excuse, and that his neighbour will be sinful if he does not reprimand him on this action of his. 8. If a person delays his going to the musjid until the commencement of the iqaamah, he will be committing a sin. This is so because if he is going to go to the musjid only after hearing the iqaamah, there is the danger of him missing a few rakaats if not the entire salaat. It has been reported from Imam Muhammad rahamutallahi alayh that it is permissible to rush to the musjid in order to get the jumu'ah salaat and the jama'at. This is on condition that he will not be overburdened. 175 Heavenly Ornaments (Behishti Zewar) 9. The one who leaves out the jama'at is most certainly committing a sin and his testimony (in an Islamic court) will not be accepted. This is on condition that he left it out without any valid excuse, and due to sheer lazi- ness. 10. If a person is fully occupied in learning or teaching matters of the Deen and does not attend the jama'at, this will not be regarded as a valid excuse and his testimony (in an Islamic court) will not be accepted. The Benefits and Wisdom of Jama'at The ulama have written considerably on this subject. But as far as I know, there isn't a more comprehensive and eloquent article than that which has been written by Hadrat Maulana Shah Wali Ullah rahmatullahi alayh. Although it would have been preferable for me to quote his article word for word, for the sake of brevity, I will merely give a summary of what he has written. 1. There is nothing more beneficial or profitable than making a particular form of ibaadah into a second nature to the extent that that ibaadah becomes a necessity and it becomes impossible to leave it just as it is almost impossible to give up a particular habit. And there is no form of ibaadah greater than salaat which could be accorded such importance. 2. In matters of religion, we find all sorts of people - the learned as well as the ignorant. There is therefore great wisdom in this that everyone gets together and fulfils this ibaadah in the presence of each other. If someone makes a particular mistake, another person is there to correct him. It is as if this ibaadah of Allah Ta'ala is a jewel and all the inspectors are examining it: if there is any defect in it, they point it out, and if there is any merit or excellence in it, they appreciate it. So this is an excellent means for the perfection of salaat. 3. The position of those who do not offer their salaat will also come into the open. In this way, one has the opportunity of advising them. 4. The gathering of a few Muslims who render an ibaadah to Allah Ta'ala and beseech Him has a special effect for the descending of mercy and acceptance in the sight of Allah. 5. The aim and object of Allah Ta'ala with regards to this ummah is that the kalimah must supercede everything and that kufr must be subdued, and that no religion must be able to overpower Islam. This can only be possible if 176 Heavenly Ornaments (Behishti Zewar) certain steps are adopted whereby all the Muslims - the masses, the learned, the travellers, the inhabitants of places, the young, and the old - get together for a particular ibaadah which is great and famous, thereby exhibiting the grandeur and power of Islam. Because of all these merits and qualities, the entire attention of the Shariah directed itself towards the jama'at, encouraged it, and laid down strict prohibitions on discarding it. 6. Another benefit of the jama'at is that all the Muslims will be fully aware of each others conditions and circumstances, and will be able to share each others difficulties and problems. In this way, religious brotherhood and love which is based on Imaan will be fully exhibited and consolidated. This is one of the great objects of the Shariah and its significance and virtue has been mentioned repeatedly in the Quran and Hadith. It is indeed sad that the discarding of jama'at has become a norm in our times. Let alone the ignorant masses, many learned people are also caught in this evil web. It is extremely sad that these people read the Ahadith and even understand their meanings, but the importance of jama'at does not have any effect on their hearts which are harder than stone. What answer will these people give when they will stand in front of Allah Ta'ala and all the appeals with regards to salaat will be presented before everything else, and investigations will commence with those who discarded salaat entirely or partly? Conditions which make Jama'at Wajib 1. To be a male - jama'at is not wajib on women. 2. To be mature - jama'at is not wajib on children who have not reached the age of puberty. 3. To be a free person - jama'at is not wajib on a slave. 4. One must be in one's senses - jama'at is not wajib on a person who is intoxicated, unconscious, or a lunatic. 5. To be free from all excuses - in the presence of these excuses, jama'at is not wajib. However, it will be better if he offers his salaat with jama'at despite having an excuse. If he does not offer with jama'at, he will be deprived of the reward. The excuses for leaving out jama'at are fourteen: a) The absence of sufficient clothing with which one could cover one's aurah (private area). 177 Heavenly Ornaments (Behishti Zewar) b) An abundance of mud on the road leading to the musjid which would make walking extremely difficult .. Once Imam Abu Yusuf rahmatullahi alayh asked Imam Abu Hanifah rahmatullahi alayh on his view regarding attending jama'at if there is a lot of mud, etc. on the road. He replied that he does not like the idea of abandoning the jama'at. c) At the time of a heavy downpour. Imam Muhammad rahmatullahi alayh has written in his Muwatta that although it is permissible not to attend the jama'at in such a case, it will be preferable to go and offer the salaat with jama'at. d) When it is extremely cold and one fears that by going out towards the musjid, one will fall ill or that the sickness will worsen. e) There is a fear of his wealth and possessions getting stolen by going to the musjid. f) There is a fear of meeting an enemy by going to the musjid. g) By going to the musjid there is a fear of meeting his creditor and he fears some harm from him. This is on the condition that he is unable to fulfil his debt. If he is able to fulfil his debt, he will be regarded as an oppressor and it will not be permissible for him to discard the jama'at. h) The night is very dark and the road cannot be seen. However, if Allah Ta'ala has blessed him with those things with which he could see the road, he should not leave out the jama'at. i) It is the time of night and there is a very severe sand-storm. j) He is taking care of a sick person and fears that if he goes for the jama'at, some harm may befall the sick person or that he might feel uneasy. k) The food has been prepared or is on the verge of being prepared and he is so hungry that he fears that he will not be able to concentrate in his sal- aat. 1) He has an urgent need to go and relieve himself. m) He intends to embark on a journey and fears that if he goes to offer his salaat with jama'at, he will get delayed and that the caravan will leave him. Travelling by train can also be based on this mas'ala with the exception that when one caravan departs, the following one leaves after many days. While several trains depart in one day - if a person misses one train he can always take the next one. However, if there is an urgency, then there will be no harm in taking the first train. Urgency or any other valid reason is excusable in our Shariah. 178 Heavenly Ornaments (Behishti Zewar) n) He is afflicted with such a sickness whereby he cannot walk, or he is blind, crippled or one of his legs have been amputated. However, the blind person who can walk to the musjid without any difficulty should not leave out the jama'at. Prerequisites for the Validity of Jama'at 1. Islam - the jama'at of a kaafir is not valid. 2. To be in one's senses - the jama'at of an intoxicated, unconscious or luna- tic person is not valid. 3. In addition to making the intention of salaat, the muqtadi must also make the intention of following the imam. In other words, he must have this intention in his heart that he is offering a particular salaat behind this imam. The masaa'il related to intention have already been mentioned. 4. The place of the imam and the muqtadi must be the same. This is irrespective of whether being in one place is in reality, such as offering salaat together in one musjid or in one house; or in principle. For example, the imam stands on one end of a bridge over a river and the muqtadis stand behind him with the saffs reaching the opposite end going beyond the bridge. Although there is a river intervening between the muqtadis of the opposite end and the imam, resulting in the place not being the same in reality, but because the saffs inbetween are continuous, therefore their (the imam's and the muqtadis of the opposite end) places will therefor be regarded as the same in principle and the jama'at will be valid. Masaa'il related to number 4: a) If the muqtadi is standing on the roof of the musjid and the imam is standing inside the musjid, this will be permissible. This is because the roof of the musjid is considered to be part of the musjid and both places will be regarded as one. Similarly, if someone's roof is attached to the musjid and there is no barrier between the two, then that place will also be regarded as being part of the musjid. It will be permissible to stand on that roof and follow the imam who is in that musjid. b) If a musjid or house is extremely large or one is in a jungle and there is such an open space between the imam and muqtadi wherein two saffs could stand - then both these places, i.e. where the imam is 179 Heavenly Ornaments (Behishti Zewar) and where the muqtadi is standing, will be regarded as two separate places and it will not be permissible to follow the imam. c) Similarly, if there is a river between the imam and the muqtadi and it is so large that a ship can sail on it, or there is such a large pond which the Shariah has ruled as being pure (in other words, the pond measures approximately ten square feet), or there is a public road on which an ox-wagon could pass - and there are no saffs in between, then these places will not be regarded as one and it will not be permissible to follow the imam. d) Similarly, if there is such a river or such a road between two saffs, it will not be permissible for that saff which is on the other side to follow the imam. e) It is not permissible for the one who is on foot to follow the person who is mounted. Nor is it permissible for a mounted person to follow another mounted person. This is so because both their places are not the same. However, if both of them are mounted on one animal, jama'at will be permissible. 5. The salaat of the imam and the muqtadi must be the same. If the salaat of the muqtadi is different from the salaat of the imam, it will not be permiss- ible for him to follow the imam. For example, the imam is performing zuhr salaat and the muqtadi makes intention for asr salaat. Alternatively, the imam is performing qada for the zuhr of yesterday and the muqtadi makes intention for the zuhr of today. However, it will be permissible if both make the intention of qada for the zuhr of yesterday or both make the intention of gada for the zuhr of today. If the imam is performing a fard salaat and the muqtadi makes intention for nafl salaat, his following the imam will be valid because the salaat of the imam is "stronger". If the muqtadi wishes to offer taraweeh salaat and the imam is offering nafl salaat, it will not be permissible to follow him because the imam's salaat is "weaker". 6. The salaat of the imam has to be valid. If the salaat of the imam becomes invalid, the salaat of all the muqtadis will also become invalid. This is irrespective of whether the invalidity becomes known while in salaat or after the completion of the salaat. An example of this is that there was najaasat-e-ghaleezah on the imam's clothing which was in excess of a fifty- 180 Heavenly Ornaments (Behishti Zewar) cent coin and he came to know of this after completing his salaat or while he was in salaat. Another example is that the imam did not have wudu and he only realized this after completing his salaat or while he was in salaat. If the salaat of the imam becomes invalid due to some reason and the muqtadis do not come to know of this, it is necessary on the imam that as far as possible he should inform the muqtadis so that they could repeat their salaat. This is irrespective of whether he informs them by sending a message to them or by writing letters to them. 7. The muqtadi should not stand in front of the imam. He could stand in line with the imam or behind him. If the muqtadi stands in front of the imam, his following the imam will not be correct. Standing in front of the imam will be considered when the heels of the muqtadi are ahead of the heels of the imam. If the heels are not ahead, but the toes are ahead due to the muqtadi's feet being bigger or his toes being longer, then this will not be regarded as being in front of the imam. In this case, his following the imam will be correct. 8. The muqtadi must have a knowledge of the movements of the imam. Movements such as the bowing, standing, prostrating and sitting postures. This knowledge could either be based on looking at the imam, listening to his voice, the voice of a mukabbir (person who conveys the takbirs of the imam when the congregation is generally very large and there is no mike system) or by looking at another muqtadi. If the muqtadi does not have knowledge of the movements of the imam, either because of a barrier between them or for some other reason, then his following the imam will not be correct. However, if there is a barrier such as a curtain or wall, but the muqtadi has knowledge of the movements of the imam, then following the imam will be correct. If it is not known as to whether the imam is a musafir or not, but due to certain indications the muqtadi feels that he is not a musafir - on condition that he is in the city or town and he offers his salaat as a musafir, i.e. if it is a four rakaat salaat, he makes salaam after two rakaats, and the muqtadi suspects that this salaam of the imam is for sahw - then in this case, this muqtadi must complete his four rakaats and thereafter it will be wajib on him to find out about the state of the imam as to whether he made salaam 96 Here, the "old" fifty-cent coin is referred to which is approximately three centimetres in diameter. 181 Heavenly Ornaments (Behishti Zewar) because of sahw or because he was a musafir. If after finding out, he learnt that he was a musafir, his salaat will be valid. But if it was for sahw, the muqtadi will have to repeat his salaat. If the muqtadi did not make any inquiries but offered his salaat in that doubt and went away, then even in this case he will have to repeat his salaat. If the muqtadi feels that the imam is not a musafir, and he is not performing his salaat in the city or town but out of it, and he performs the four rakaat salaat as a musafir - and the muqtadi suspects that the imam made salaam for sahw, then even in this case he should offer his full four rakaats and it will be better for him to inquire about the state of the imam. If he does not make any inquiries, his salaat will not become invalid. This is because the fact that the imam is outside the city or town shows that he is obviously a musafir. As for the muqtadi's suspicion that he made salaam for sahw, this is not something that is obvious or apparent. Therefore, in this case it will not be necessary to make any inquiries. Similarly, if the imam performs a four rakaat salaat in the city, town or in any jungle, etc. and the muqtadi suspects that he is a musafir - but the imam performs the full four rakaats, it will not be wajib on the muqtadi to make any inquiries. As for the fajr and maghrib salaats, under no circumstances will it be necessary to inquire as to whether the imam is a musafir or not. This is because the musafir and the muqeem are equal for these two salaats. To put it briefly, it will only be necessary to make inquiries in one instance. That is, when the imam is in the city, town or some other place, and performs only two rakaats for a four rakaat salaat and the muqtadi suspects that he made salaam for sahw. 9. The muqtadi has to be with the imam in all the postures except the qira'at. This is irrespective of whether he carries them out with the imam, after the imam or before the imam - as long as the imam is with him till the end of that posture. Example of the first instance: he makes ruku, sajdah, etc. with the imam. Example of the second instance: the imam makes ruku and stands up. Thereafter the muqtadi makes ruku. Example of the third instance: he goes into ruku before the imam, but stays for so long in ruku that he even gets the ruku of the imam. If the muqtadi is not with the'imam in any particular posture, for example, the imam makes ruku and the muqtadi does not make, or the imam makes two sajdahs and the muqtadi only makes one, or he goes into a particular posture before the imam and does not get the imam till the end of that Heavenly Ornaments (Behishti Zewar) 182 posture - for example, he goes into ruku before the imam and stands up before the imam can even go into ruku - then in all these cases, his following the imam will not be valid. 10. The state of the muqtadi must be inferior or equal to that of the imam. Examples are as follows: a) The one who is able to stand can follow the person who is unable to stand and offer his salaat. In the Shariah, the sitting of one who is excused is equal to standing. b) The one who has made wudu or ghusl can follow the one who has made tayammum irrespective of whether this tayammum was made for wudu or for ghusl. This is because the rule concerning tayammum, wudu, and ghusl is equal in tahaarat. One is not inferior or superior to the other. c) The one who has washed his limbs can follow the one who has made masah irrespective of whether he made masah on his leather socks or on his bandage. This is because the one who washes and the one who makes masah are equal in purity. No one is higher than the other. d) The one who is a ma'zur can follow another person who is also a ma'zur on the condition that both are ma'zur for the same reason. For example, both have the sickness of continuous dripping of urine or both have the sickness of continuous passing of wind. e) An ummi" can follow another person who is also an ummi on condition that there is no one who is a qari among the muqtadis. f) Women and immature children can follow an imam who is mature and a male. g) A woman can offer salaat behind another woman.98 h) An immature male or immature female can follow an immature male. i) A person who offers i nafl salaat can read behind one who is offering a wajib salaat. For example, a person has already offered his zuhr salaat and he goes and follows another person who is offering his zuhr salaat. Or, for example, a person has already offered his eid salaat and he goes and joins the jama'at again. j) It is permissible for a person offering nafl salaat to follow another person who is also offering a nafl salaat. 97 An ummi in this context is one who does not know at least one verse of the Quran by heart. And a gari in this context is one who can read at least one verse from the Quran by heart. 98 However, the imaamat of a woman is makrooh-e-tahrimi. (translator) 183 Heavenly Ornaments (Behishti Zewar) k) A person who is offering a salaat of qasm (oath) can also follow one who is offering a nafl salaat. This is because the salaat of qasm is also regarded as a nafl salaat. For example, a person takes an oath that he will offer two rakaats of salaat and thereafter he goes and offers two rakaats of salaat behind a person who is offering a nafl salaat. His salaat will be valid and he would have fulfilled his oath. 1) It is permissible for the person who is offering the salaat of nazr (vow) to follow another person who is also offering the salaat of nazr on condition that the nazr of both is the same. For example, a person made a nazr and another person says that he is making the same nazr that the other person made. But if this is not the case and one person made a separate nazr for two rakaats for example, and the other person made some other nazr, then none of them can follow the other. In brief, if the muqtadi is "inferior" or equal to the imam, his following the imam will be valid. We will now mention those instances when the muqtadi is "superior" to the imam, either with certainty or on the possibility that he is "superior" - whereby his following the imam will not be valid. a) It is not permissible to follow an immature person irrespective of whether the person following is a male or a female. b) It is not permissible to follow a female irrespective of whether the person following is a mature or immature male. c) A hermaphrodite cannot offer salaat behind another hermaphrodite. A hermaphrodite is one in whom the male and female characteristics are so conflicting that it is difficult to say with certainty whether he is a man or a woman. This type of creation is very rare and infrequent. d) A woman who does not remember the period of her haid cannot follow another woman who is like her. In both these instances, there is the possibility that the muqtadi is "superior" to the imam. It will therefore not be permissible to follow them. In the first instance, it is possible that the imam who is a hermaphrodite could be a female; and the hermaphrodite who is the muqtadi could be a male. Similarly, in the second case, it is possible that the woman who is the imam is in her period of haid while the one who is the muqtadi could be in her period of purity. e) A hermaphrodite cannot follow a woman because there is a possibility of the hermaphrodite being a man. f) A person who is conscious and in his senses cannot follow the person who is a lunatic, intoxicated, unconscious or mentally deranged. 184 Heavenly Ornaments (Behishti Zewar) f) A person who is taahir cannot follow one who is a ma'zur, eg. the person who has the sickness of continuous dripping of urine, etc. g) A person who is ma'zur on account of one sickness cannot follow the one who is ma'zur on account of two sicknesses. For example, a person who passes wind continuously cannot follow the person who passes wind continuously and who also has the sickness of continuous dripping of urine. h) A person who is ma'zur because of a particular type of sickness cannot follow the one who is ma'zur because of another type of sickness. For example, a person who has the sickness of continuous dripping of urine cannot follow one who has the sickness of continuous bleeding of the nose. i) A qari cannot follow an ummi. In this context, a qari refers to that person who can read a certain amount from the Quran whereby salaat will be regarded as valid, and an ummi is one who cannot even do this. j) It is not permissible for an ummi to follow another person who is also an ummi while there is another muqtadi who is a qari. This is because the salaat of the ummi imam will become invalid, since it was possible to make that qari the imam and his recitation would have been sufficient for all the muqtadis. But now that the ummi imam's salaat has become invalid, all the other muqtadis salaat will also become invalid and among them was that ummi muqtadi as well. k) It is not permissible for an ummi to follow a person who is dumb. This is because although the ummi cannot recite, he can still get the opportunity to learn while the dumb person does not have the power to even do this. 1) A person who has covered the necessary portions of his body cannot follow one who is naked. m) A person who is able to go into ruku and sajdah cannot follow one who cannot execute these postures. It is also not permissible to follow one who cannot go into sajdah only. n) It is not permissible for the one who is offering a fard salaat to follow the person who is offering a nafl salaat. 0) A person who is offering a salaat of nazr cannot follow the person who is offering a nafl salaat. This is because the nazr salaat is wajib. p) A person who is offering a salaat of nazr cannot follow the person who is offering a salaat of qasm. For example, if a person takes a qasm that he will offer four rakaats of salaat today and another person had made a nazr for four rakaats. If the person who made the nazr follows this person, his salaat will not be valid because the salaat of nazr is wajib while that of qasm is 185 Heavenly Ornaments (Behishti Zewar) nafl. This is because it is not wajib to fulfil the qasm. It is also possible for him to give kaffarah and not offer the salaat.99 q) A person who can pronounce the letters clearly and correctly cannot fol- low the person who cannot pronounce the letters clearly. For example, he pronounces the "seen" as "thaa" or the "raa" as "ghayn" or any other similar mispronunciation. However, if he mispronounces one or two words in the entire recitation, it will be permissible to follow him. 11. The imam must not be a munfarid as a compulsion (wajibul infiraad). In other words, it is not permissible to follow a person who has to be a munfarid at that particular time. For example, the person who misses one or two rakaats of the congregation has to stand up and complete the rakaats which he missed. It is necessary for him to do this alone. So if another person goes and follows this person, his following him will not be valid. 12. The imam must not be a muqtadi of another person. In other words, a person who is a muqtadi himself should not be made an imam. This is irrespective of whether he is a muqtadi in reality, such as a mudrik; or he is a muqtadi in principle, such as a laahiq. The laahiq is regarded as a muqtadi in those rakaats which he did not offer with the imam. Therefore, if anyone follows a mudrik or laahiq, his following will not be permissible. Similarly, it will not be permissible for a masbuq to follow a laahiq or vice versa. If any of these twelve conditions are not found in a muqtadi, then his fol- lowing will not be permissible. And when the muqtadi's following is not valid, then the salaat in which he followed someone will also not be valid. The Rules of Jama'at 1. Jama'at is a prerequisite for the salaats of jumu'ah and the two eids. In other words, these salaats are not valid when offered alone. " A further explanation of this is as follows: if that thing for which the qasm was taken was originally fard or wajib, then to fulfil that qasm is definite. And if that thing was some sort of sin, then to break the qasm and give kaffarah is definite. But if that thing was not a fard, a wajib nor was it a sin, then we will have to see as to whether it would be better to carry it out or to leave it out. If it is better to carry it out, then it will be preferable to fulfil that qasm. And if it is better to leave it out, then it will be preferable to break that qasm. If carrying it out and leaving it out are both equal, then it will be better to fulfil the qasm. Nevertheless, for whatever work a qasm is taken, it does not become absolutely wajib to fulfil it. Therefore, if a qasm for a nafl salaat is taken, that salaat does not become wajib. 186 Heavenly Ornaments (Behishti Zewar) 2. Jama'at is wajib for the five daily salaats as long as there is no valid excuse. It is sunnat-e-mu'akkadah for the taraweeh salaat even if one com- plete Quran has already been recited with jama'at. It is also sunnat-e-mu'a- kkadah for salaat-e-kusuf. It is mustahab for the witr salaat in Ramadaan. Apart from Ramadaan, witr salaat with jama'at is makruh-e-tanzihi at any other time. This is if it is offered regularly. If it is not offered regularly and occasionally a few persons get together and offer it with jama'at, then it will not be makruh. If salaat-e-kusuf and all the other nafl salaats are offered with the importance that is given to the jama'at of the fard salaats, i.e. by giving adhaan, iqaamah or by gathering the people through any other way - then it will be makruh-e-tahrimi. However, if a few people get together and offer a nafl salaat in jama'at without giving adhaan or iqaamah and without calling the people, then there will be no harm in this. But even then, this should not be done regularly. 3. In the same way, it is also makruh-e-tahrimi to make a second jama'at for the fard salaats with these four conditions: i) The musjid is a mahalli musjid and it is not on the main road. A mahalli musjid is a musjid in which the imam and musallis are appointed. ii) The first jama'at was offered with a loud adhaan and iqaamah. iii) The first jama'at was offered by those people who stay in that residential area and who have some influence over the day to day affairs of that musjid. iv) The second jama'at is offered in the same position and with the same care and attention as the first jama'at was offered. This fourth condition is according to Imam Abu Yusuf rahmatullahi alayh. According to Imam Abu Hanifah rahmatullahi alayh, it will remain makruh even if the position was changed. If the second jama'at is not offered in the musjid but in a house, it will not be makruh. Similarly, if any of these four conditions are not found, it will not be makruh. For example, if the musjid is on the main road and not a mahalli musjid, as has been explained above, then not only a second jama'at, but even a third or fourth jama'at will not be makruh. Or, if the first jama'at was not offered after saying the adhaan and iqaamah with a loud voice, the second jama'at will not be makruh. Or, if the first jama'at was not offered by those who live in that residential area, nor do they have any influence over the day to day affairs of that musjid, then the second jama'at will not be makruh. Or, according to Imam Abu Yusuf rahamatullahi alayh, 187 Heavenly Ornaments (Behishti Zewar) if the position of the second jama'at was not the same as the first jama'at whereby that place where the imam of the first jama'at had stood, the imam of the second jama'at moved away from that place and performed the salaat on another spot, then the position will be regarded as being changed, and according to Imam Abu Yusuf rahmatullahi alayh, the jama'at will not be makruh. Note: Although the practice of the people is on the opinion of Imam Abu Yusuf rahamatullahi alayh, the opinion of Imam Abu Hanifah rahmatullahi alayh is also based on a strong proof. The laxity and laziness in Deeni matters, especially in regards to the jama'at, also demands that a fatwa be passed making the second jama'at makruh even after changing the position of the second jama'at. If this is not done, people will intentionally miss out the first jama'at and say that they can always make a second jama'at. Masa'il Connected to the Imam and Muqtadi 1. It is the duty of the muqtadis to choose the person who possesses the best characteristics from among all those who are present and to appoint him as the imam. If there are several people who are worthy of imaamat and they are all equal, then they should act according to the decision of the majority. That is, they should choose the person whom the majority of the people prefer. If they choose someone who is less capable despite there being a person who is more capable, they will be guilty of abandoning the sunnah. 2. The person who is most worthy of imaamat is that person who has a thor- ough knowledge of the masa'il of salaat as long as he does not have any outward characteristics of fisq (immorality), he knows the specified number of verses for recitation, and recites the Quran correctly. After him, the person who recites the Quran according to the rules that have been laid down. Thereafter, the person who is the most pious. Thereafter, the person who is the most senior in age. Thereafter, the person who is most courteous. Thereafter, the person who is the most handsome. Thereafter, the person who is the most noble. Thereafer, the person who has the best voice. Thereafter, the person who is the most well-dressed. Thereafer, the person who has the largest head as long as it is in proportion to his body. Thereafter, preference is given to the muqeem over the musafir. Thereafter, the person who was born as a free person. Thereafter, the person who made tayammum for hadath-e-asghar is given preference over the person who 188 Heavenly Ornaments (Behishti Zewar) made tayammum for hadath-e-akbar. But according to some, the person who made tayammum for hadath-e-akbar is given preference. The person in whom two qualities are found is given preference over the person in whom only one quality is found. For example, the person who knows the masa'il of salaat and also recites the Quran correctly has preference over the person who only knows the masa'il of salaat and cannot read the Quran correctly. 3. If jama'at is made in a house, the person whose house it is has more right of imaamat over the others. Thereafter, the person whom he appoints as an imam. However, if the owner of the house is a jaahil, and the other persons have knowledge of the masa'il, they will have the right of imaamat. 4. If there is an imam who is appointed in a particular musjid, then in his presence no one else has the right of imaamat. However, if he appoints anyone else as the imam, there will be no harm in this. 5. In the presence of the Qadi, i.e. the ruler of the Islamic state, no one else has the right of imaamat. 6. It is makruh-e-tahrimi to make imaamat without the happiness of the people. However, if that person is the most qualified person for imaamat, i.e. no one else has the qualities of imaamat as he possesses, then it will not be makruh for him. Instead, whoever is unhappy with his imaamat will be in the wrong. 7. It is makruh-e-tahrimi to appoint a faasiq or a bid'atee as an imam. However, if (Allah forbid) there is no one else apart from these people, then it will not be makruh. In the same way, if the bid'atee or the faasiq is a powerful person and they are unable to remove him, or there is a fear of great discord or dissension, even then it will not be makruh on the muqtadis. 8. It is makruh-e-tanzihi to appoint the following persons as an imam: (a) a slave who is regarded as a slave in Islamic jurisprudence and not the one who is bought at the time of a famine,etc. even if he has been freed, (b) a villager, (c) a blind person who is not conscious of the laws of purity and impurity, (d) a person who cannot see well at night, (e) a waladuz zina, i.e. a person who was born out of an illicit relationship. However, if all these persons are possessors of knowledge and virtue, and people do not mind appointing them as imams, then it will not be makruh. It is also makruh-e- tanzihi to appoint a handsome youth whose beard has not appeared as yet, and also a person who has no intellect. 189 Heavenly Ornaments (Behishti Zewar) 9. It is wajib on all the muqtadis to be in conformity with the imam in all the fara'id and wajibaat of salaat. However, it is not wajib to be in con- formity with him in the sunnats. Based on this, if the imam is a follower of the Shafi'i school of thought and he raises his hands at the time of going into ruku and coming up from ruku, then it is not necessary for the Hanafee muqtadis to raise their hands. This is because the raising of the hands is sunnah even according to them. Similarly, if the Shafi'i imam reads the qunut in the fajr salaat, it is not necessary for the Hanafee muqtadis to do the same. However, since qunut is wajib in witr salaat, and the Shafi'i imam will read it after standing up from ruku, the Hanafee muqtadis should also read it after the ruku. 10. It is makruh-e-tahrimi for the imam to recite very long Surahs which are more than the recommended amount, or to stay for very long periods in the ruku and sajdah postures. Instead, the imam should take into consideration the need, necessities, and weakness of the muqtadis. He should make his qira'ah after taking into consideration the condition of the person who is the weakest of all of them. In fact, if there is a great urgency, it will be prefer- able for him to make his recitation even shorter than the recommended amount. This is so that people do not find any difficulty which could be a cause for a decrease in the jama'at. 11. If there is only one muqtadi who is a male or an immature boy, he should stand in line with or slightly behind the imam to the right of the imam. It is makruh to stand on the left hand side of the imam (or directly behind him - in this case). 12. If there is more than one muqtadi, they should stand behind the imam. If there are two muqtadis, it would be makruh-e-tanzihi for them to stand on either side of the imam. And if there are more than two muqtadis, it would be makruh-e-tahrimi to do so. This is because when there are more than two muqtadis, it is wajib for the imam to stand in front. 13. At the time of commencing the jama'at there was only one muqtadi and he stood to the right of the imam. Thereafter, more muqtadis joined the jama'at. The first muqtadi should step back so that all the muqtadis could get together and stand behind the imam. If he does not move back, the other muqtadis should pull him back. But if the muqtadis unintentionally stand to the right and left of the imam and do not pull the first muqtadi back, then in this case the imam should step forward so that all the muqtadis could get together and stand behind him. Similarly, if there is no place to move back- 190 Heavenly Ornaments (Behishti Zewar) wards, it will be the duty of the imam to step forward. But if the muqtadi is unaware of the masa'il, as is generally the case today, then it will not be advisable to move him because it is possible that he may do something which may break his salaat. 14. If the muqtadi is a woman or an immature girl, she should stand behind the imam irrespective of whether there is only one woman or several women. 15. If there are different types of muqtadis, i.e. a few men, a few women and a few children, then it is the duty of the imam to arrange their saffs in the following order: firstly he should arrange the saffs of the men, thereafter the saffs of the immature boys, thereafter the saffs of the women, and lastly the saffs of the immature girls. 16. It is the duty of the imam to straighten the saffs. That is, he should stop the people from standing unevenly, and he should order them to stand straight. They should stand next to each other and should not leave any gaps within the saff itself. 17. It is makruh for a person to stand alone in a saff. Instead, in such a case, he should pull a person back who is standing in the saff in front of him and make him stand in line with him. But if there is the possibility that the person will disrupt his salaat or take this unkindly, then he should not do this. 18. It is makruh to stand in a new saff if there is place in the first saff. Once the saff is complete, then only should one stand in a new saff. 19. It is makruh-e-tahrimi for a man to make imamat of women in a place where there is no other man or where there is no mahram female such as his wife, mother, sister, etc. If there is another man or mahram female, it will not be makruh. 20. A person is offering the fard of fajr, maghrib or esha salaat alone and he is offering his salaat silently. If a person joins him and follows him while he is in this salaat, then there are two alternatives in this: (i) this person makes this intention in his heart that he is now becoming the imam so that his salaat may be offered with jama'at, (ii) he does not make this intention but continues thinking to himself that although this person has come and stood behind me, I am still offering my salaat alone. In the first case, the moment he makes his intention, it will be wajib for him to start reciting in a loud voice. If he had already recited a part of Surah Faatihah or any other Surah silently, he should start reciting them aloud the moment he makes his 191 Heavenly Ornaments (Behishti Zewar) intention. This is because it is wajib on the imam to make the qira'at in a loud voice for the fajr, maghrib and esha salaats. As for the second case, it is not wajib to make the qira'at in a loud voice and even the salaat of that muqtadi will remain valid. This is because it is not necessary for the imam to make an intention of imamat in order for the salaat to be valid. 21. If the imam or the munfarid is offering his salaat at home or in an open field, it is mustahab for him to place an object which is equal to one arm or more in length and equal to one finger or more in thickness in front of him either on his right or left side. This object is called a sutra. However, if he is offering his salaat in a musjid or in a place where people will not pass in front of him, then there is no need to do this. The sutra of the imam will suffice for all the muqtadis. Once the sutra has been placed, there is no sin in walking beyond the sutra. But if someone walks within the sutra, he will be committing a sin. 22. A laahiq is that muqtadi who misses a few or all his rakaats after having joined the jama'at, irrespective of whether he has an excuse or not. Example where he has an excuse: he falls asleep in his salaat and thereby misses a few rakaats, or he is unable to make ruku and sajdah because of the large number of people, or his wudu breaks and while he is gone to make his wudu he misses a few rakaats. (In salaatul khauf, " the first group is regarded as the laahiq. Similarly, the muqeem who follows an imam who is a musafir and who is making qasr, is regarded as a laahiq after the completion of the salaat of the imam). Example where he has no excuse: he goes into ruku or sajdah before the imam and even comes up before him, on account of which his rakaat is not considered to be valid. With regard to that rakaat, he will be regarded as a laahiq. It is wajib on the laahiq to complete the rakaats which he had missed first. After completing them, he should join the jama'at if it is still in progress, if not, he should offer the balance of his salaat as well. 23. The laahiq will also be regarded as a muqtadi for the rakaats which he had missed. That is, just as a muqtadi does not make qira'at but merely stands silently, the laahiq will also do this. And just as the muqtadi does not make sajdah-e-sahw when he makes any mistake, so is the case with the laahiq. 100 Refer to the chapter on Salaatul Khauf for further details.