Q&A (Fatwa)

#14. EVIDENCES FOR A VERDICT GIVEN IN #11

” Admin: Please is there any reference or Hadith to back up this question you just answered ( ON TERMINATING THE SALAAT TO HELP THE ONE THAT FAINTS) The answer you provided earlier has no Qur’anic OR Hadith back up. Jazakumullahu Khayran
If so, then is there any reference… If chapter and volume is available please kindly provide if any….Jazakumullahu Khayran”

ANSWER

#11. TERMINATING THE SALAAT TO HELP THE ONE THAT FAINTS

Wa jazaakumullaahu khayran.

What we have mentioned on this matter is that which the entirety of the Madhaahib have agreed upon and is of what is known of Islam by necessity.

In the Qur’an, Allaah – ta’aala – said:

ﻭﻻ ﺗﻘﺘﻠﻮﺍ ﺃﻧﻔﺴﻜﻢ ﺇﻥ ﺍﻟﻠﻪ ﻛﺎﻥ ﺑﻜﻢ ﺭﺣﻴﻤﺎ

“And do not kill yourselves, indeed Allah is Most Merciful unto you” (Suratu An-Nisaa)

Imaam Muhammad At-Taahir Ibn Aashur – rahimahullaah – mentioned in his Tafsir ‘At-Tahriru Wa At-Tanwir’:

“And the statement ‘and do not kill yourselves’, is a prohibition from a man killing other than himself. The two pronouns there are spread out. A person may know that killing the self is forbidden so this is also forbidden. The prohibition of killing one’s self is also included. As Allah has not permitted that a person wastes his own soul, nor the souls is others in like way as He permitted him to spend wealth…”

With this verse, the Ulamaa derived that as it were haraam to kill oneself, it is also haraam to be negligent with one’s life and the life of others. To be negligent with your life or with that of somebody else is all included in the prohibition. Imaam Abu Abdillaah Al-Qurtubi Al-Maaliki – rahimahullaah – mentioned that in his Tafsir.

For the importance of saving life, Allah permitted terminating the fast of Ramadaan if it is feared that it will lead to ill-health, permitted the pregnant and the breastfeeding not to observe the fast, and allowed the starving to that which is haraam. And most important, Allah allows a believer to utter a statement that is kufr if his life is at risk.

Imaam Al-Bukhaari – rahimahullaah – said in his Sahih:

“Chapter: If a staked animal brakes off during Salaat. And Qataadah said: ‘if a thief steals away his cloth, he should go after the thief and terminate his Salaat.”

Qataadah Ibn Di’aama – rahimahullaah – is among the foremost Taabi’in who are students of the illustrious Sahaabi Abdullah Ibn Abbas – radiyallaahu an huma. And the Ulamaa used to say that any verdict that comes from Qataadah is of what he heard from Ibn Abbas.

As we stated above, the Ulamaa from all the Madhaahib are at a consensus on this.

It is mentioned in the Hanafi Masterpiece ‘Ad-Durru Al-Mukhtaar’ 2/51:

“It is obligatory to terminate the Salaat for the purpose of saving the one who is drowning or the one who is burning, and the likes”

Imaam Ibn Aabidin – rahimahullaah – in his Haashiyah said:

“In summary, whenever the one who is observing the Salaat hears someone who seeks for help (or is in need of), even if the call was not directed at him or the caller (for help) is of the opposite sex – this applies even if he doesn’t know what for which purpose he sought for help – and he has the ability to aid or save him, it becomes obligatory upon him to render aid to him and to terminate his Salaat whether it (the salaat) is Fard or Nafl.”

Raddul Al-Muhtaar.

The Polymath Shaafi’i Imaam Izzuddin Ibn Abdissalaam Ash-Shaafi’i – rahimahullaah – said:

“It is important to put the saving of a drowning soul, provided it is a protected one, before the Salaat. This is because to Allah, the saving of a protected soul is more meritorious than the observance of Salaat. And it is feasible that both merits are combined by saving the drowning and then observing the Salaat by compensation. It is clear that what has missed him with respect to the observance of Salaat at its stipulated time is nothing comparable with the (damage that would have occurred had he refrained) from saving the Muslim life from destruction.”

Qawaa’idu Al-Ahkaam 1/66

What is meant by a Protected Soul in the statement is the Muslim Soul, or that of a Kaafir that is under the covenant of Protection with the Muslims.

It is mentioned by the Hanbali Imaam Mansur Al-Bahuti – rahimahullaah – in ‘Kashshaafu Al-Qinaa’:

“It is waajib to screen a Kaafir who has been protected by Dhimma, Covenant or Permit, from falling into a well and its like (during the Salaat), or a scenario with a snake if he aims at him, just as it is to protect the Muslim. This is because they (the Muslim and such a kaafir) share same attribute of Protection…”

He therefore, not only mentioned the obligation of terminating the Salaat to help the Muslim that needs help, but also the Kaafir who is under a Covenant of protection with the Muslims.

In his brilliance, Imaam Al-Haafidh Ibn Rajab Al-Hanbali – rahimahullaah – elucidated in his Sharh of Sahih Bukhaari saying:
“Abdurrazzaaq recorded in his Book from Ma’amar from Al-Hasan and Qataadah about a person who is observing the Salaat and he fears that his mount will flee or that wild animals will attack it. They both said: ‘He should terminate (the Salaat).’

From Ma’amar, from Qataadah, he said: I asked him: ‘a person observing the Salaat and sees a child by the brink of a well which he fears he will fall into, should he terminate (the Salaat)?
He said: ‘he should terminate (the Salaat).’

I said:

‘He sees a thief stealing his shoes?’

He said: he should terminate (salaat)'”

The position of Sufyan is that when a person is observing Salaat and something serious occurs around him, he terminates (the salaat) to attend to it.
Al-Mu’aafa recorded that from him.. He also said:
“The same applies if he fears that flood was going to go away with his mount or animal.

And the position of Maalik is that whosoever’s mount broke loose while he is observing Salaat, he should walk in close steps if that is happening just in front of him, or toward his left or right. But if that is far off, then he should terminate his Salaat and go after it.

The Madh’hab of our fellows (the hanbalis) is that if he sees a drowning or burning person, or two children fighting or something like that. And he is capable of stopping those from happening, then he should terminate his Salaat and prevent that from happening.

Ahmad (Ibn Hanbal) also said: if he sees a child about to fall into a well, he should terminate his Salaat and pick him up.

And Al-Bukhaari have recorded the Hadith of Abu Barzah in ‘Al-Adab’ of his Sahih this matter, from Hammaad bn Zayd, from Al-Azraq, through him. And in his Hadith has come: ‘so the horse broke loose, so he left his Salaat and followed it (the horse) until he caught up with it and got hold of it, then he returned and compensated for his Salaat.’

The Abu Barzah refered to here is a Companion of the Rasul – salallaahu alayhi wasallam – whose true name was Nadlah Ibn Amr – radiyallaahu a’n hu.

If all of this be the case with the matter we are discussing, then to hasten to the aid of a Muslim who is observing the Salaat alongside you that faints is more deserving of attention and terminating the Salaat. This is because of the Fiqhi Precept that says that ‘Al-Ithaar’ (sacrificing yourself for the benefit of others is praiseworthy).

We are sure that if a person were to be observing the Salaat and a snake were about to bite him, he will terminate his Salaat to either kill the snake or flee. Then to give priority to your Muslim neighbor is more important.

We ask Allaah for guidance.

It is our hope that we have satisfied the curiosity of the asker.

Allaahu A’alam
Baarakallaahu feekum
Jazaakumullaahu khayran

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