Making Up Missed Sala

[abubaaz]

As-Salaamu Alaikum

Person 'x' has three years of missed salah from over 4-5 years ago. Does he need to repeat them?

[UmmMusab]

Good question brother. I wanted to ask something similar, with regards to missed salah...Do we pray qaza? or some say you don't have to pray it at all, because if you have missed it, you have missed it, and so shouldn't pray the missed salah just to satisfy oneself? When I heard this, I was like, ok, never heard that one before. But would also appreciate it if someone qualified to do so can give us some more insight into this matter, Inshallah.

[believingMuslim]

Asalamualaikum,

Scholars differ concerning this issue mentioned in the links, whether or not one should make prayers up:

"Missing Prayer for a Long Time: Should I Make Up for It?"
http://www.islamonline.net/servlet/Satellite?pagename=IslamOnline-English-Ask_Scholar/FatwaE/FatwaE&cid=1119503546112


"Making up for Years of Missed Prayer "
http://www.islamonline.net/servlet/Satellite?pagename=IslamOnline-English-Ask_Scholar/FatwaE/FatwaE&cid=1119503546658

And Allah knows best.

[Samira]

Brother, there is a consensus that you DO have to make them up, whatever the reason:



Is the position that says one does not have to make up missed prayers correct? Is it permissible to follow this position if one has many make-ups to do?

Correct proofs and the unanimous consensus of those who the imams consider scholars has shown that it is obligatory to make up missed prayers, whether one has missed them for a reason, such as sleep or forgetfulness, or another excuse, such as one who has missed it out of laziness. No one has disagreed with this opinion except for Imam al-Dawud al-Dhahiri whose opinion was followed by Ibn Hazm, may Allah have mercy on him, and Abu `Abd al-Rahman al-Ash`ari al-Shafi’i agreed with him. And Shaykh al-Islam, the Imam of the Haramayn, al-Juwayni has said, “Verily the realized ones do not give any weight to the people of al-Dhahir, and Imam al-Nawawi confirmed it, and that is because of their rejection of clear analogy, especially Ibn Hazm, may Allah have mercy on him.

In any case, whether we say that this position is relied upon against the position of the Dhahiriyya or not, the position of Ibn Hazm that it is not obligatory to make up missed prayers is a deviant and rejected position because he contradicts the authentic evidences about making up missed prayers.

Imam al-Nawawi, may Allah have mercy on him, said in the Majmu`, “The scholars who are relied upon have reached unanimous consensus that whoever misses a prayer intentionally must make it up,” and Ibn Hazm disagreed with them, saying, “He will never be able to make it up, nor is it valid for him to do so, and what he said—while disagreeing with scholarly consensus— is false from the point of view of evidence.”

Our Imams have many proofs for the obligation of making up missed prayers:

1) That which Imam al-Qurtubi has said in his tafsir on His saying, Most High, “And establish the prayer for my remembrance.” (14:Surah Taha) He said, “And a proof for the majority [s. of scholars] is His saying, ‘and establishes the prayer,’ and he did not differentiate between it being in its time or after it, and this is a command that entails obligation.”

2) That which was narrated by Muslim, from the Prophet, may Allah’s peace and blessings be upon him, that he said, “If one of you has overslept the prayer or has forgotten it, then let him pray it when he remembers for verily Allah, Mighty and Majestic says, ‘Establish the prayer for my remembrance.’” If the excused person has missed the prayer because of sleep or forgetfulness and it is obligatory on him to make it up, then a person who is not excused has more right to make it up, as is obvious to any intellect. Imam al-Nawawi said, “If making up a prayer is obligatory on one who forgot it, then one who intentionally missed it, has more right. And Imam al-Qurtubi said, “Also, the matter of making up for one who overslept and the one who forgot [s. the prayer] has been established although they are not sinners, so the one who missed it intentionally has more right [s. to make it up].

And al-Qurtubi has come up with a new subtle proof from this hadith. He said, “And also, his saying, ‘Whoever slept through the prayer or forgot it’, and forgetfulness is leaving something. Allah, Most High, has said, ‘And they forgot Allah, so he forgot them,’ and ‘They forgot Allah, so he made them forget themselves,’ whether that was by indifference or something else, because Allah does not forget anything, so the meaning is that He has left them. And, ‘We do not abrogate a verse nor do we make it forgotten,’ i.e., we leave it, and likewise, remembering something is always after forgetting something and after other than it. Allah, Most High, said, ‘Whoever remembers me, I mention him to myself.’ And Allah, Most High, does not forget, such that His remembrance would be after forgetfulness, rather the meaning is ‘I know’, and likewise the meaning of his saying, “When he remembers it” i.e., he knows it.”

3) That which was related by Bukhari and Muslim by him, may Allah’s peace and blessings be upon him, that he said about whoever wanted to make up a fast or a hajj for a deceased person, “A debt with Allah has a better right to be made up”. And missed acts of worship are a debt with Allah in the dhimma (obligations) of the servant. In the same way that a servant is required to pay off a debt with the creation, he must also pay off debts with the Creator, Mighty and Majestic, actually, paying off a debt with Allah is more deserving , as has come in a hadith. And the prayer is more deserving [s. to be made up] than other things because it is one of the pillars of Islam and its second integral. Imam al-Qurtubi said, “Also, the debts that are owed to people, if they are tied to a specific time, and then that time comes, the person’s debt is not dropped after being obliged to pay it, which would make him acquitted of the debt. If one owes debts to Allah, Most High, would it be correct for him to be acquitted of it, or would he not need His permission to do so?"

4) Imam al-Nawawi said, “And that which indicates the obligatoriness of making up prayers is the hadith of Abu Hurayra, may Allah be well pleased with him, “that the Prophet, may Allah’s peace and blessings be upon him, ordered that one who has had sexual intercourse during the day in Ramadan, fast another day as an expiation for it,” i.e. in place of the day that he intentionally ruined with sexual intercourse. It was related by al-Bayhaqi with a good chain and Abu Dawud related one like it.” And I said, “The type of evidence that Imam al-Nawawi, may Allah have mercy on him, is intending is that the Prophet, may Allah’s peace and blessings be upon him, ordered one to make up an intentionally missed fast, and the same is said about an intentionally missed prayer, i.e. that one must make it up. This is because a fast and a prayer are obligatory acts of worship that have a particular time, so they take the same ruling. Imam al-Qurtubi said, “Also, we have agreed that if someone leaves a fast of Ramadan, intentionally, without an excuse, he must make it up, and so it is for the prayer”.

If one says, “Why has something come to us about him, may Allah’s peace and blessings be upon him, commanding people to make up what they have missed with an excuse, and making up a fast or hajj, as we just saw, and nothing has come to us about him commanding make ups for people who missed them without an excuse?

There are three answers to this question:

1) If a specific reference has not come to us about this, there is no harm, because of the more general reference that has come to us when he said, may Allah’s peace and blessings be upon him, “A debt with Allah has more right to be paid off.” And this includes prayers that were missed without an excuse, as it includes other acts of worship such as the fasts and hajj. Whoever claims that a prayer missed without an excuse is an exception to this rule, then he must provide his evidence, for the default is that this is not an exception. One must act upon a general reference, just as one must for a specific one, as long as the evidence doesn’t lie on its being something specific.

2) As has preceded, that which has been related to us about making up what one has missed with an excuse is also a command to make up what one has missed without an excuse and this is from the chapter of what is preferred, and this is obvious to any student of knowledge, let alone scholar. This is a preferred analogy which is considered just as strong as the evidence of a primary text.

3) It has not been recorded that anyone from the first generation of Muslims ever missed any prayers without an excuse. Even the hypocrites used to guard their prayers out of fear of the believers assaulting them. So for this reason, there was never a need to declare the obligation of making up prayers missed without an excuse, and Allah knows best.

Amjad Rasheed

[Translated by Sr. Shazia Ahmad]



السؤال : هل يصح القولُ بعدم وجوب قضاء الفوائت ؟ هل يجوز تقليده لمن كثرت فوائته ؟

الجواب : الذي دلت عليه الأدلةُ الصحيحة ، وأجمع عليه مَن يُعتدُّ به من الأئمة العلماء هو وجوبُ قضاء الصلوات الفائتة سواء فاتت بعذر كنوم ونسيان أو بغير عذر كمن كان يتركها كسلاً ، ولم يخالف في هذا إلا الإمام داود الظاهري وتبعه ابنُ حزم رحمه الله ، ووافقه أبو عبد الرحمن الأشعري الشافعي كما قال القرطبي في "تفسيره"، وقد قال شيخُ الإسلام إمامُ الحرمين الجويني : إن المحققين لا يقيمون لأهل الظاهر وزناً ، وأقرَّه الإمام النووي ؛ وذلك لإنكارهم القياسَ الجليَّ خصوصاً ابنَ حزم رحمه الله . وعلى كلِّ حال سواء قلنا إنه يعتدُّ بخلاف الظاهرية أم لا ، فقولُ ابن حزم بعدم وجوب قضاء الصلوات الفائتة قولٌ شاذٌ مردودٌ لمخالفته الدلائل الصحيحة في وجوب القضاء . قال الإمام النووي في"المجموع" :" أجمع العلماءُ الذين يُعتدُّ بهم على أن من ترك صلاةً عمداً لزمه قضاؤها ، وخالفهم ابنُ حزم فقال : لا يقدر على قضائها أبداً ولا يصح فعلها أبدا… وهذا الذي قاله - مع أنه مخالف للإجماع - باطلٌ من جهة الدليل ". انتهى ودلائلُ أئمتنا على وجوب قضاء الصلاة الفائتة كثيرة : أولها : ما قاله الإمامُ القرطبي في تفسيره عند قوله تعالى : ( وأقم الصلاة لذكري ) [طه:14] قال :" ومن الحجة للجمهور قوله تعالى : ( وأقيموا الصلاة ) ولم يفرقْ بين أن يكون في وقتها أو بعدها ، وهو أمر يقتضي الوجوب ". اهـ ثانيها:ما رواه مسلم عن النبي صلى الله عليه مسلم أنه قال:" إذا رَقَدَ أحدُكم عن الصلاة أو غفل عنها فليصلها إذا ذكرها فإن الله عز وجل يقول : أقم الصلاة لذكري ". فإذا كان المعذورُ بترك الصلاة بالنوم والنسيان يجب عليه قضاؤها فغير المعذور أولى في وجوب القضاء عليه كما لا يخفى على عاقل ، قال الإمام النووي :" إذا وجب القضاء على التارك ناسياً فالعامدُ أولى ". اهـ وقال الإمام القرطبي :" وأيضاً فقد ثبت الأمر بقضاء النائم والناسي مع أنهما غير مأثومين فالعامد أولى ". اهـ وقد أبدع القُرطبي رحمه الله استدلالاً آخر لطيفاً من هذا الحديث فقال :" وأيضاً قوله : " من نام عن صلاة أو نسيها ". والنسيانُ الترك ، قال الله تعالى : ( نسوا الله فنسيهم ) و ( نسوا الله فأنساهم أنفسهم ) سواء كان مع ذهول أو لم يكن ؛ لأن الله تعالى لا ينسى ، وإنما معناه تركهم ، و ( ما ننسخ من آية أو ننسها ) أي : نتركها ، وكذلك الذكر يكون بعد نسيان وبعد غيره ، قال الله تعالى :" من ذكرني ذكرته في نفسي ". وهو تعالى لا ينسى ، فيكون ذكره بعد نسيان ، وإنما معناه علمت ، فكذلك يكون معنى قوله :" إذا ذكرها ". أي: علمها ". اهـ

ثالثها : ما رواه البخاري ومسلم عنه صلى الله عليه وسلم أنه قال لمن أراد أن يقضي الصوم أو الحج عن ميته :" دينُ الله أحقُّ أن يُقضى ". والعباداتُ الفائتةُ دينٌ لله في ذمة العبد ، فكما أن العبدَ مطالبٌ بقضاء دين الخلق فكذلك هو مطالبٌ بقضاء دين الحقِّ عزَّ وجلَّ ، بل قضاؤه لدين الله أحقُّ كما في الحديث . بل الصلاة أولى من غيرها لأنها عمود الإسلام وركنه الثاني . قال القرطبي :" وأيضاً فإنَّ الديونَ التي للآدميين إذا كانت متعلقةً بوقت ثم جاء الوقت لم يسقط قضاؤها بعد وجوبها ، وهي مما يُسقطها الإبراء ؛ كان في ديون الله تعالى ألا يصحَّ فيها الإبراءُ أو ألا يسقط قضاؤها إلا بإذن منه ". اهـ

رابعها : قال الإمام النووي :" ومما يدل على وجوب القضاء حديثُ أبي هريرة رضي الله عنه :" أن النبي صلى الله عليه وسلم أمر المجامعَ في نهار رمضان أن يصوم يوماً مع الكفارة ". أي : بدلَ اليوم الذي أفسده بالجماع عمداً ، رواه البيهقي بإسنادٍ جيدٍ وروى أبو داود نحوَه ". اهـ قلتُ : وجه الدلالة التي يريدها النووي رحمه الله أنه كما أمر صلى الله عليه وسلم بقضاء الصوم الفائت عمداً فكذلك يقال في الصلاة الفائتة عمداً أنه يجب قضاؤها ؛ إذ كلٌّ من الصوم والصلاة عبادة مفروضة ذات وقت فاستويا في الحكم . قال القرطبي :" وأيضاً فقد اتفقنا أنه لو ترك يوماً من رمضان متعمداً بغير عذرٍ لوجب قضاؤه فكذلك الصلاة ". اهـ

فإن قيل : لم وَرَدَ أمرُه صلى الله عليه وسلم بقضاء الفوائت بعذر وقضاء الصوم والحج كما مرَّ ، ولم يرد الأمرُ بذلك في الفائتة من غير عذر ؟ فالجوابُ من ثلاثة وجوه : أولهما : أنه وإن سلمنا عدم ورود نصٍّ خاصٍّ بذلك فهو لا يضرُّ ، لأن عمومَ قوله صلى الله عليه وسلم :" دينُ الله أحقُّ بالقضاء ". شامل للصلاة الفائتة بغير عذر كما شمل غيرها من العبادات الفائتة كالصوم والحج ، ومن يدعي استثناء الصلاة الفائتة بغير عذر فعليه الدليل والأصل عدم الاستثناء ، والنص العام يجب العمل به كالخاص طالما لم يقم الدليل على تخصيصه . ثانيهما : أن الأمرَ الواردَ بقضاء الفوائت بعُذر أمرٌ بقضاء الفوائت من غير عذر من باب أولى كما تقدم ، وهذا مما لا يخفى على طالب علم فضلاً عن عالم ، وهذا قياسٌ أولويٌّ لا يقل قوةً في الدلالة من المنصوص عليه . ثالثهما : أنه لم يُعهد في الصدر الأول تركُ الصلوات من غير عذر ، بل كان المنافقون يحافظون على الصلوات اتقاءً لسطوة أهل الإيمان بهم ، فلذلك لم توجد الحاجة للتصريح بوجوب قضاء الفوائت بغير عذر ، والله أعلم
Answered by Shaykh Amjad Rasheed .

[Umm Farouk]

Assalaam

Salat is one of the five pillars of islam, it is obligatory therefore if one missed his prayer he must repay it because its a debt, an advise on how i repayed my salat, i prayed each of the five daily prayers twice everyday until iwas sure i have repayed all my salat. Even if it ll take you years you should try and do it.

may Allah guide us to the right path and forgive us our sins.

['Abd al-Kareem]

wa 'alaikumassalam

yea billyj i have heard that multiple times as well. If you missed X number of years, double your salaah for that many years. It'll get you in the habith inshaAllah so after X years are done, you'll have no trouble praying all the sunnahs and even extra nawafil b'ithnillah.

[Abuz Zubair]

Here is something I wrote on the issue on a different forum:

The issue of making up the missed prayers which has been brought up here can be tackled in two different ways:

1) By referring to the Sharia as to how us laymen should seek a fatwa, who to seek a fatwa from, and how to get ourselves out of this confusion. This is, islamically, what all of us here are obliged to do, without going into legal arguments because hardly anyone here knows Arabic, let alone knowing Usul al-Fiqh, which is an utmost requirement for anyone delving in this issue on a legal level.

2) Dealing with this issue on a legal level. Even though most here are not qualified to speak in this issue, it is saddening that we are pushed to speak about this issue on a legal level, only to show that the opinions being disputed here are equally valid opinions, and no one has the right to oblige anyone from the Ummah to adhere to one opinion or the other, so long as the opinion is a matter of Ijtihad.

Let’s start with #1:

Islamically, how do we get out of this confusion?

The way out of confusion is to know certain facts:

1) According to the vast majority of the scholars, and perhaps the official position of the four schools, the layman has no Madhab, he has nothing to do with a madhab, he has no business with a madhab, and therefore, the word ‘madhab’ should be irrelevant to the layman. ‘Madhab’ does not exist in his dictionary.

2) The layman is obliged to find out Allah’s ruling on a religious matter and not a particular madhab opinion, simply because he does not belong to a madhab.

3) The layman is obliged to refer to a qualified mufti, who is known for his deen, taqwa and knowledge, and ask him about the hukm of Allah in an issue; irrespective of which madhab he is from; be he hanafi, maliki, shafi’i or a hanbali, it is all irrelevant.

4) If a person, not known for his knowledge and taqwa, gives him a fatwa (such as: you MUST make up your prayers – or I would recommend you do, etc), the layman should disregard his fatwa, especially since this person has brought his own deen into question by passing fatwas on Allah’s behalf without knowledge. Not to mention that if this ‘mufti’ is a kafir or a mushrik, then the layman should not lend an ear to him in the first place.

5) If the layman has doubts due to what he heard from this ‘mufti’, he should refer to a mufti, who is trusted with his knowledge and deen, and ask him to rid his doubts.

6) Whatever the mufti says, the layman can simply act on the fatwa, his conscience be free in the sight of Allah, for he has carried out what he was asked to do by his Lord: ‘Ask Ahl al-Dhikr, if you know not’

The result of this? Next time someone tells you, you must do or do not do this or that, take it with a pinch of salt and move on. If such a mufti is so careless about his own hereafter, surely he wouldn’t care less about your own. Just like you wouldn’t go to a non-surgeon to cut open your stomach, you shouldn’t go to a non-Mufti to cut open your deen, or dare I say, former is much better than the later.

On a legal level:

What is the point of difference?

Vast majority of the scholars are of the opinion that one who intentionally misses a prayer must make it up as Qadha.

Other scholars are of the opinion that prayer must be prayed at its appointed time, and if one intentionally misses the appointed time, then there is no prayer for him. Furthermore, even if he prays it after the time has gone, his prayer would be counted as Nafl and NOT Qadha.

Both of the opinions are respected, but in support of the second opinion, we could say the following:

1) The issue is of a valid difference of opinion where both opinions are to be respected. None can oblige the other with his ijtihad, or even recommend what one should or should not do.

2) There is no Ijma’ on this issue, since Ishaq b. Rahwayh and Muhammad b. Nasr al-Marwazi have already established that there is a khilaf in the issue. This is about four hundred years before al-Nawawi.

3) Agreement of the official positions of the four schools is not a Shara’i proof. Yes, most usually truth is not to be found outside of the four schools, and therefore the importance attached to the agreement of official position of the four schools. However, when legislating an opinion, vast majority of the usulis would not consider it a proof for anything.

4) To understand this issue, it is important to understand certain usuli concepts:

a) Ada means to perform an obligation at its appointed time.

b) Qadha means to perform an obligation after its appointed time.

c) According to the majority of the scholars, qadha of an act of worship requires a new order from Allah or His Messenger, saying that qadha must be made, if Ada is missed. If there is no new order for qadha, then no qadha should be made. For example, if a person makes a vow that he would fast on Monday, not knowing that Monday is ‘Eid, and therefore it is Haram for him to fast, should he make Qadha or not? The correct opinion is that he does not make Qadha, because Qadha is only legislated by a new order from Allah. This is what al-Nawawi says in Sharh Sahih Muslim.

5) Majority of the scholars hold that Qadha cannot be legislated except with a new command from Allah, and there is no new order from Allah or His Messenger that the one who intentionally misses his prayer must make his qadha. This is unlike missing the prayer unintentionally for there is a renewed command from Allah for Qadha. Similarly, a menstruating woman is also ordered to make Qadha of her fasts, whereas she is not ordered to make qadha of her prayers, because Qadha can only be legislated by a new order from Allah, which is true in case of her fasts, but false in case of her prayers

6) The argument that “Allah is more deserving of Qadha” would be true, only if it could be proven that the Salah missed intentionally must be made up as Qadha. Otherwise, there is no Qadha.

7) The Qiyas over missing the prayer unintentionally is incorrect. This is because Qadha for such a person is only legislated as Kaffara (expiation). However, there is no kaffara, rather only tawba for the one who misses it intentionally. This is consistent with the rest of the rulings in Sharia, such as the one who murders intentionally there is no kaffara on him, and likewise one who intentionally makes a false oath.

8) Ibn Hazm and Ibn Taymiyya are not the only supporters of this opinion, rather they have been preceded by al-Hasan al-Basri. This is also the madhab of ‘Abd al-Rahman, al-Shafi’i’s student, Ibn Bint al-Shafi’i, Abu Bakr al-Humaydi which he mentions in his ‘aqida, and a number of pre Ibn Taymiyya Hanbalis held this opinion, amongst them: al-Juzajani, al-Imam al-Barbahari and Ibn Batta. Ishaq b. Rahwayh also narrated from Ibn al-Mubarak that he did not feel comfortable with the ruling that the person intentionally missing the prayers should make up, although he gave fatwa to the contrary being cautious.

9) Importantly, often many people spend a large portion of their lives away from Islam, not praying for decades. If one of them were to repent and then was told that he has to make up all his prayers for the last 30 years, and return all the money he has ever taken from anyone, he wouldn’t regard this as an act of repentance, rather a severe punishment, in which case, kufr would be more beloved to him than tawba! This is because repenting from Kufr is more merciful on him (since all his sins are forgiven) than to remain a Muslim and face the consequences of repentance! No doubt this would prevent many from repenting, whereas we are supposed to make it easy for the people to repent, for the tawwabun are from the most beloved of the creation to Allah.

10) Lastly, as brother Naseehaman pointed out, the issue only concerns a Muslim whose prayer is actually valid, and if he makes Qadha, it is accepted. A Mushrik’s actions are all null and void and no matter how much he prays, all his prayers are nullified, until he repents from his Shirk and submits to Islam.

The conclusion cannot be better worded by other than Ibn Rajab al-Hanbali. He says after quoting Muhammad b. Nasr al-Marwazi:

“He admitted that Qiyas dictates that Qadha is not wajib on the one who misses a prayer intentionally. This is because if he became a Kafir by missing a prayer intentionally, then according to Qiyas there is no Qadha on a Kafir, even if he be an apostate.

If he is not to be declared a Kafir by missing a prayer intentionally, the Qiyas also suggests that there is no Qadha after the time has gone. This is because the Qadha requires a new order [from Allah], while there is no new order here. The only one who is ordered to perform Qadha is the one for whom Qadha can be Kaffara, and this is the person who has a genuine excuse [for missing a prayer]. As for the one who intentionally misses the prayer, then there is no legal text legislating Qadha for him as a Kaffara. In fact, even intellect does not dictate such, because he is an offender and a sinner who needs to repent; just like the one who kills intentionally, or the one who intentionally makes a false oath.

And how could there be a consensus with al-Hasan’s opposition, knowing his greatness, prominence, virtues, vast knowledge, zuhd and piety?!

There is nothing known from the companions concerning the obligation of Qadha for an intentional offender. In fact, I have found no explicit statement from the Tabi’in, except from al-Nakh’i.

There are many narrations from the Salaf with respect to the one who misses the prayer intentionally, that his prayer is not accepted; as it is narrated from [Abu Bakr] al-Siddiq – may Allah be pleased with him – that he said to ‘Umar in his will: ‘Indeed, Allah has a right in the evening which He would not accept in the morning; just as He has a right in the morning which He would not accept in the evening’ ” [Sharh al-Bukhari 3/353 onwards]

Let us add to this the following:

1) Difference of opinion is Allah’s mercy on this nation, precisely so that people do not censure each other over fiqhi opinions that are subject to ijtihad

2) The muqallid has absolutely no right to dictate to his co-muqallids that they should make taqlid of the rulings he makes taqlid of.

3) A Muqallid has no Shara’i right to suggest to a person, which Hukm Shara’i is or is not safe. This is for the mufti to decide. The muqallid’s role is to simply ask his mufti the question and act accordingly, without broadcasting it on his TV or Radio channel.

[1mran]

Fiqh: Qada (Making up)



Taken from Islamic Studies Book 2 by Abu Ameenah Bilal Philips, Fatawa by Sheikh Muhammed Salih Al-Munajjid and www.islam-qa.com





1. Definition



Qada is the act of performing Salah after its stipulated time because it was not done, whether intentionally or unintentionally.



2. Method



If someone slept through the time frame of Salah of Fajr, for example, he should upon waking make Wudu, then make the iqamah and perform the Salah just as he would have if he would have ig he were doing it on time.



Narrated 'Abdullah bin Abi Qatada: My father said, "One night we were traveling with the Prophet and some people said, 'We wish that Allah's Apostle would take a rest along with us during the last hours of the night.' He said, 'I am afraid that you will sleep and miss the (Fajr) prayer.' Bilal said, 'I will make you get up.' So all slept and Bilal rested his back against his Rahila and he too was overwhelmed (by sleep) and slept. The Prophet got up when the edge of the sun had risen and said, 'O Bilal! What about your statement?' He replied, 'I have never slept such a sleep.' The Prophet said, 'Allah captured your souls when He wished, and released them when He wished. O Bilal! Get up and pronounce the Adhan for the prayer.' The Prophet performed ablution and when the sun came up and became bright, he stood up and prayed." [Sahih Bukhari, Volume 1, Book 10, Number 569]



3. Time Period



(a) One who misses Salah is responsible for it and should perform it whenever he remembers or is able, even if it was missed years ago.



Ibrahim said, “One who missed a prayer twenty years ago need only pray that single prayer.” [Sahih Bukhari, Volume 1, Chapter 37]



Narrated Anas: The Prophet said, "If anyone forgets a prayer he should pray that prayer when he remembers it. There is no expiation except to pray the same." Then he recited: "Verily! I am Allâh! Lâ ilâha illa Ana (none has the right to be worshipped but I), so worship Me, and perform As*Salât (Iqâmat-as-Salât) for My Remembrance.” (Ta-Ha 20:14)



To miss Salah deliberately is an act of disbelief, so it is necessary to repent prior to making up for missed prayers.



(b) If, for example, the salah of Dhur was missed and one remembers at the time of the Salah of Asr, he should perform it either before or after the Salah of Asr.



(c) If the Iqamah of Salah of Asr is made before he can make his dhur, he should delay it until after the Salah of Asr is completed.



Abu Huraira reported the Apostle of Allah (may peace be upon him) as saying: “When the prayer commences then there is no prayer (valid), but the obligatory prayer.” This hadith has been narrated by Warqa' with the same chain of transmitters. [Sahih Muslim, Book 004, Number 1531]





4. Different Opinions for When you miss a prayer deliberately.



This is a major sin, and it is so serious that some of the scholars stated that the one who does this is a kaafir. (as it says in Majmoo’ Fataawa wa Maqaalaat Samaahat al-Shaykh Ibn Baaz, 10/374). The one who does this has to repent sincerely, according to scholarly consensus. With regard to making up the prayer, there was a difference of opinion among the scholars as to whether or not it would be accepted from him if he makes it up afterwards.



4.1 First Opinion



Most of the scholars said that he should make it up and that his prayer is valid, although he is a sinner (i.e., if he does not repent – and Allaah knows best), as Shaykh Ibn ‘Uthyameen quoted from them in al-Sharh al-Mumti’, 2/89.



4.2 Second Opinion



The view favoured by Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him) is that it is not valid, and that it is not prescribed for him to make it up. He said in al-Ikhtiyaaraat (34): “It is not prescribed for the one who misses a prayer deliberately to make it up, and the prayer, if he makes it up, is not valid; rather he should do a lot of voluntary (naafil) prayers. This is the view of a group among the Salaf.”



One of the contemporary scholars who regarded this view as more correct is Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him); he quoted as evidence for that the words of the Prophet (peace and blessings of Allaah be upon him), “Whoever does an action that is not in accordance with this matter of ours (i.e., Islam), will have it rejected.” (Agreed upon).





5. Questions Related to Qada (Making up)



5.1 Making up Eid prayers


Question: On the morning of Eid al-Fitr, when we reached the prayer place we found that the imam had prayed and was finishing his sermon, so we prayed the two rak’ahs of Eid whilst the imam was delivering the khutbah. Was our prayer valid or not?.

Answer: Praise be to Allaah.

Eid prayer is fard kifaayah (a communal obligation); if enough people undertake it, the rest are absolved of sin. In the scenario mentioned in the question, the obligatory duty had been discharged by those who prayed first – those to whom the imam was delivering the khutbah.



For those who missed it and want to make it up, it is mustahabb for them to do so, so they should pray it without a khutbah afterwards. This was the view of Imam Maalik, al-Shaafa’i, Ahmad, al-Nakha’i and other scholars. The basic principle concerning that is the words of the Prophet (peace and blessings of Allaah be upon him): “When you come to the prayer, walk in a tranquil and dignified manner, and whatever you catch up with, pray, and whatever you miss, make it up.” It was narrated from Anas that if he missed the Eid prayer with the imam, he would gather his family and freed slaves, then his freed slave ‘Abd-Allaah ibn Abi ‘Utbah would stand up and lead them in praying two rak’ahs in which he would say the takbeers. The one who reaches the Eid prayers whilst the imam is delivering the khutbah should listen to the khutbah, then he should make up the prayer after that, so that he may achieve two good things.



And Allaah is the Source of strength.





5.2 Making up prayers at times when prayer is disallowed



Question: People say that no kada(due)prayer can be offered immediaely after the 'Asr' prayer. Please help by giving me a comprehensive answer regarding this saying.

Answer: Praise be to Allaah.



Firstly – there are some times at which the Prophet (peace and blessings of Allaah be upon him) disallowed prayer. These are:



1 – Al-Bukhaari (586) and Muslim (728) narrated that Abu Sa’eed al-Khudri (may Allaah be pleased with him) said: “The Messenger of Allaah (peace and blessings of Allaah be upon him) said: ‘There is no prayer after ‘Asr prayer until the sun has set, and no prayer after Fajr prayer until the sun has risen.’”



2 – Muslim (832) narrated that ‘Amr ibn ‘Abasah al-Sulami (may Allaah be pleased with him) said: “I said, ‘O Prophet of Allaah, tell me what Allaah has taught you and I do not know, tell me about the prayer.’ The Messenger of Allaah (peace and blessings of Allaah be upon him) said: ‘Pray Subh (Fajr) prayer, then do not pray until the sun has appeared and risen… then pray for your prayer is witnessed and attended (by the angels), until the shadow of a spear points due north – which is the time when the sun is in the middle of the sky – then stop praying, for at that time Hell is stoked up. When the shadow turns – which is the beginning of the time for Zuhr – then pray, for your prayer is witnessed and attended (by the angels), until you pray ‘Asr. Then stop praying until the sun sets…”



Secondly: what is meant by making up prayers (qada’) is doing the prayer after the time for that prayer is over. The made-up prayer may be either fard (obligatory) or naafil (supererogatory).



Fard prayers: The Muslims must pray regularly at the times defined by Allaah for each prayer. Allaah says (interpretation of the meaning): “Verily, As‑Salaah (the prayer) is enjoined on the believers at fixed hours”[al-Nisa’ 4:103]



Delaying the prayer until its time is over without a reason or excuse is haraam, and it is a major sin. If the Muslim has an excuse, such as sleeping or forgetting, and he was not able to do the prayer on time, then he must make up the prayer when that reason no longer applies, even if that is at one of the times when prayer is disallowed. This is the view of the majority of scholars. See al-Mughni, 2/515. The evidence for that is the words of the Prophet (peace and blessings of Allaah be upon him): “Whoever sleeps and misses the prayer or forgets it, let him pray it when he remembers.” (Narrated by al-Bukhaari, 597; Muslim, 684)



Naafil prayers: the scholars differed with regard to making them up at times when prayer is disallowed. The correct view is that they should be made up. This is the view of al-Shaafa’i (may Allaah have mercy on him). See al-Majmoo’, 4/170. It was also the view favoured by Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him), as stated in al-Fataawa, 23/127. This is indicated by a number of ahaadeeth, such as: The report narrated by al-Bukhaari (1233) and Muslim (834) from Umm Salamah (may Allaah be pleased with her), that the Prophet (peace and blessings of Allaah be upon him) prayed two rak’ahs after ‘Asr, and she asked him about that. He said: “Some people from ‘Abd al-Qays came to me and distracted me from praying two rak’ahs after Zuhr, so I did them now.”





And Allaah knows best. May Allaah bless our Prophet Muhammad and grant him peace.



5.3 Expiation for not praying


Question: What is 'Kaffara'? What price should have to be given for 'one raka/ oakt salah' as kaffara?.



Answer: Praise be to Allaah.



Whoever omits one or more obligatory prayers with no excuse has to repent to Allaah sincerely, and he does not have to make them up or offer any expiation (kafaarah), because omitting the obligatory prayers deliberately is major kufr, as the Prophet (peace and blessings of Allaah be upon him) said: “The covenant that stands between us and them is prayer; whoever gives it up is a kaafir.” Narrated by Ahmad, 22428; al-Tirmidhi, 2621; al-Nasaa’i, 462. And he said: “Between a man and shirk and kufr there stands his giving up prayer.” Narrated by Muslim, 242. There is no expiation for that except sincere repentance. See Fataawa al-Lajnah al-Daa’imah, 6/50



Prayer is an act of worship that is to performed at specific times, and whoever does not do an act of worship that is tied to a specific time – such as prayer and fasting – until that time is over, with no excuse, then repents, does not have to make up what he omitted, because this act of worship has been limited by the Lawgiver to the beginning and ending of that time. Fataawa al-Shaykh Ibn ‘Uthaymeen, 1/322.

And Allaah knows best.







5.4 When he was praying Zuhr, he remembered that he had not prayed Fajr


Question: I prayed Zuhr when I had missed three rak’ahs, and when I had completed two rak’ahs I remembered that I had not prayed Fajr as I was sick. Then I stopped the prayer after the second rak’ah and intended that to be Fajr, and after that I prayed Zuhr

Answer: Praise be to Allaah.



This question will be answered by addressing three points:



1 – The ruling on praying missed prayers in order:



Imaam Abu Haneefah, Imaam Maalik and Imaam Ahmad are of the view that it is obligatory to pray missed prayers in order when making them up. The evidence for that is the fact that when the Prophet (peace and blessings of Allaah be upon him) missed some prayers on the day of al-Khandaq, he made them up in order. Al-Bukhari (641) and Muslim (631) narrated from Jaabir ibn ‘Abd-Allaah that the Prophet (peace and blessings of Allaah be upon him) prayed ‘Asr on the day of al-Khandaq after the sun had set, then he prayed Maghrib after that. Al-Bukhaari (631) narrated that the Prophet (peace and blessings of Allaah be upon him) said: “Pray as you have seen me praying.” (al-Mughni, 2/336)



2 – If a person forgets to pray them in order, does that obligation no longer apply?

The answer is, yes, the obligation to pray them in order no longer applies if one forgets, because the Prophet (peace and blessings of Allaah be upon him) said: “Allaah will forgive my ummah for their mistakes and what they forget, and what they are forced to do.” (Narrated by Ibn Maajah, 2043; classed as saheeh by al-Albaani in Saheeh Ibn Maajah, 1662). This is the view of Imaam Abu Haneefah and Imaam Ahmad (may Allaah have mercy on them). See Fath al-Qadeer, 1/424; al-Mughni, 2/340; al-Sharh al-Mumti’, 2/139.



If a person forgets one prayer and does not remember until the time for the next prayer begins, then he remembers it, one of the following three scenarios must apply:



1- He remembers the missed prayer before he starts to offer the current prayer. In this case he has to start with the missed prayer, then pray the prayer that is currently due.



2- He prays the current prayer and completes it, then he remembers that he still has to do the missed prayer that he has not prayed yet. His current prayer is valid and he only has to pray the missed prayer, and he is excused for not praying them in the proper order because he forgot.



3- He remembers during the current prayer that he did not pray the previous prayer, which he missed. So he should complete the current prayer, which then becomes a naafil (supererogatory) prayer, then he should pray the prayer his missed, and then repeat the current prayer, in order to keep them in the proper order. This is the view of Imam Ahmad (may Allaah have mercy on him). See al-Mughni, 2/336-340). This is also the view of ‘Abd-Allaah ibn ‘Umar (may Allaah be pleased with them both). Imaam Maalik narrated in al-Muwatta’ (408) that Naafi’ ibn ‘Abd-Allaah ibn ‘Umar used to say, “Whoever forgets a prayer then remembers it only when he is with the imaam, then when the imaam says the salaam, let him pray the prayer that he had forgotten, then let him pray the other after that.” Shaykh al-Islam (Ibn Taymiyah – may Allaah have mercy on him) said: “When he remembers the prayer that he missed during the (current) prayer, it is as if he remembered before he started it. But if he does not remember until the current prayer is finished, then the current prayer is valid according to the majority of scholars, such as Abu Haneefah, al-Shaafa’i and Ahmad…” (al-Fataawa al-Kubra, 1/112)



His completing the prayer that he is currently praying is mustahabb (recommended), not waajib (obligatory). If he stops that prayer, then prays the prayer he missed, then prays the current prayer, that is permissible. Muhanna said: “I said to Ahmad, ‘I was praying ‘Isha, then I remembered that I had not prayed Maghrib. So I prayed ‘Isha’, then I prayed Maghrib and repeated ‘Isha’.’ Ahmad said, ‘You did right.’ I said, ‘Should I not have stopped praying when I remembered?’ He said, ‘Yes.’ I said, ‘So how did I get it right?’ He said, ‘Both are permissible.’” (al-Mughni, 2/339).

Some of the scholars are of the view that he should complete the (current) prayer that he is praying, and then do the missed prayer, and he does not have to repeat the current prayer. This is the view of al-Shaafa’i, as stated in al-Majmoo’, 3/70. This was also the view favoured by Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him). (Majmoo’ Fataawa Ibn ‘Uthaymeen, 12/221). But the first opinion is more on the safe side.



3 – The questioner says that he did not pray Fajr because he was sick



What he did was not correct, because sickness is not an excuse to delay the prayer until the time for prayer is over. Rather what the Muslim must do is to offer the prayer on time. If he is sick, he should pray as best he can, for Allaah does not burden a soul beyond what it is able to bear. If he is unable to stand, then he may pray sitting down. If he is unable to sit, then he may pray lying on his side. If he is unable to do wudoo’, then he should do tayammum. If there is some impurity on his body and he is unable to remove it, then he should pray as he is, and so on. It is not permissible for him to delay the prayer until the time for it is over because he is unable to purify himself or remove the impurity. Rather he should pray as best he can and do as much of the obligatory actions of prayer as he is able, and he is relieved of the obligation to do the things that he is unable to do. See the essay Ahkaam Salaat al-Mareed wa Tahaaratuhu by Shaykh Ibn Baaz



And Allaah knows best.





5.5 She missed some prayers in the past – what should she do?


Question: My Aunt ask me to ask you this question, She asked in past there were Faraj Salat that she missed, now she wants to know what does sharia say about past missed Salat. I would really appreciate if you could answer this question. May Allah reward you for evrything



Answer: Praise be to Allaah.



It is not clear from your question whether your aunt missed the prayers because of a reason such as sleeping, forgetting or being unconscious, etc., or whether she missed them deliberately, with no valid excuse. Whatever the case, if she missed them for a reason, she has to make up what she has missed, and also repent for the delay.

If she did not have any excuse for missing the prayers, but denied that they are obligatory, or thought that they did not matter, or was too lazy to do them, then the correct scholarly view is that if a person who does not pray because he does not think the prayers are obligatory, or he is too lazy or he thinks they do not matter, there is no way that he can make up these prayers. There are deeds which must be done for Allaah at night, and He does not accept them during the day, and deeds which must be done during the day which He does not accept at night. The person who deliberately does not pray is a kaafir, if he does not pray at all; but if he repents and prays, he comes back to Islam, and he does not have to make up what he has missed, but he is advised to do a lot of naafil prayers. Islam also wipes out whatever (sins) came before.



Shaykh Saalih ibn Fawzaan al-Fawzaan (may Allaah preserve him) was asked the following question:



“I am a Muslim woman, al-hamdu-Lillaah. Not so long ago I did not pray and I did not know anything about matters of religion. But now, al-hamdu Lillaah, Allaah has guided me and I have started to pray, fast, read Qur’aan and recite Tasbeeh. I have completed the Qur’aan for the tenth time. Will Allaah forgive me for what I have done in the past and what I will do in the future, in secret and openly in my life? What more can I do so that Allaah will forgive me?”



The response was: Repentance wipes out whatever (sins) came before it. So long as you have repented sincerely – al-hamdu Lillaah – and you are doing the duties enjoined upon you by Allaah and avoiding what He has forbidden, then Allaah will forgive whatever came before that repentance. Allaah says (interpretation of the meaning): “Say: “O ‘Ibaadi (My slaves) who have transgressed against themselves (by committing evil deeds and sins)! Despair not of the Mercy of Allaah, verily, Allaah forgives all sins” [al-Zumar 39:53] – even shirk, if the person who committed shirk then repents from it to Allaah, He will accept his repentance. Allaah says (interpretation of the meaning): “Say to those who have disbelieved, if they cease (from disbelief), their past will be forgiven” [al-Anfaal 8:38]. The Prophet (peace and blessings of Allaah be upon him) said: “Islam wipes away whatever (sins) came before it, and repentance wipes away whatever (sins) came before it.” (Narrated by Ahmad, 4/204). If you have repented sincerely and you do what Allaah has enjoined upon you and avoid that which He has forbidden, this will be sufficient in sha Allaah for your past sins to be forgiven, but you must good deeds in the future, and keep on repenting and obeying the Islamic commandments which Allaah has enjoined upon you.



And Allaah knows best.

['Abd al-Kareem]

Bringing back this old thread.

This is one of those cases of difference of opinion where it is very hard to see which is the correct view. On one hand, the vast majority of scholars agreed to one opinion, and on the other hand some notable and very respectable scholars hold the other view and they also have convincing evidences.

I know it is not for the layman to look at the evidences and try to weigh it out himself, but this is a very major issue and I have heard both opinions from people of knowledge...