#227: Does a Woman in Labour needs to Make-Up for Salātu Al-Maghrib if it hits Her while the Time for Maghrib Has Set In?
252. QUESTION
“If a pregnant woman prays salatul asr healthy, then when it’s about time for salat maghrib, she almost started ablution, she felt the pangs of labor thus was rushed to the hospital and gave birth forthwith. Do she have to make up for that maghrib after Nifas. No?”
ANSWER:
If your question says ‘about time for Maghrib’ it apparently means that Maghrib met her in that condition and that means she wasn’t in a state to observe it.
And if what you mean is that it were already time, then there is a very little difference of opinion regarding this.
Some of the Ulamaa of the Madhaahib who in their Usul allow for the making up of missed Salaat consider it that she must, when she gets pure make it up by observing it. While the Fuqahaa that do not opine that considers it forgiven on her.
Imaam Abu Muhammad Ali Ibn Hazm Al-Andalusi – rahimahullaah – said:
“Matter for Determination: If a woman begin to menstruate at the onset of the stipulated time of a Salaat or at the end of it, and she has not observed that Salaat, then she does not have to make it up when she gets pure. That is the Legal Verdict of Abu Hanifah, Al-Awzaa’i and our School’s Companions (i.e. The Dhahiriyya). This is the verdict espoused by Muhammad bn Sirin and Hammaad bn Abi Sulaymaan. Whereas An-Nakha’i, Ash-Sha’abi, Qataadah and Ishaaq hold that she has to make it up. Ash-Shaafi’i said: ‘If whe could have observed the Salaat then she has to make it up.”
He (Ibn Hazm) said:
“The evidence for our Position is that Allaah – Ta’aala – stipulated for every Salaat its specific time on onset and elapse.
It is authentically reported from the Messenger of Allaah – salallaahu ‘alayhi wasallam – that he once observed the Salaat at its onset time and also once observed it at its later time. This implies then that the one who delays the Salaat to its later time is not a sinner. That is because he – alayhi as-salaam – does not commit sins. If it follows that a woman who does that (i.e delays her salaat to the later time) is not a sinner, it means then that it has not yet become obligatory on her and she has the leverage to delay it. If then it has not become obligatory upon her to perform it at that time until she began menstruating, then the obligation of making up for it is uplifted from her. Had observing Salaat at its onset time been an obligation then the one who delayed it beyond the time that would suffice its observance once its onset time sets in is a sinner and would be said to be making it up (Qadaa), not observing (Adaa); and would have been said to be a faasiq who delayed it beyond its time. This supposition is a falsity around which there is no difference of opinions…”
Ref: ‘Al-Muhallaa’ 2/175
And that which Imaam Ibn Hazm gave preference to here is the stronger verdict, Allaahu A’alam!
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