Q&A (Fatwa)

#411: Crossing through the People on the Day of Jumu`ah

QUESTION

“Assalamu alaykum
I have some set of questions
1- When does it becomes a sin to cross over prayers waiting for the Friday prayer, merely passing between two or forcing ones way through them.
2- At what point is one considered sinner while approaching the Friday khutbah and talking considering the usage of public addressing system
3- The one who “loses his sallat” because he says “be quite”, does he loose the enormous reward / essence of the jumu’ah or the whole sallat necessitating an atonement?
4- What are the requirements, tarbiyya and otherwise for a 6mo to 1yr old?
Jazaakumullahu khairan”

ANSWERS

Wa alaykum salaam warahmatullaah wabarakaatuh.

Wa antum, jazaakumullaahu khayran.

Regarding crossing over people during the Jumu’ah, the Noble Companion Abdullah Ibn Busr – radiyallaahu anhuma – said:

‘A man came on the Day of Jumu’a crossing the necks of people while the Prophet – salallaahu alayhi wasallam – was delivering the Khutbah. The Prophet – salallaahu alayhi wasallam – said:

“Sit down! For you have come late and have discomfort (others)”

Recorded and transmitted by Ahmad, Abu Dawud, An-Nasa’i and Ibn Hibban. Ibn Khuzaymah and Al-Albaani both declared it as Sahih.

And based on this Hadith, the Ulamaa differed in their positions.

The Hanafi, the Shafi’i and the Hanbali schools hold that it is Makruh (disliked). And Imaam Ibn Al-Mundhir attributed this verdict to the majority of the Ulamaa.
Ibn Hajar Al-Asqalaani said: “And majority of the Ulamaa hold that it is a dislike…”

Imaam Al-Awza’i, Imaam Maalik and his School position that it is disliked only when the Imaam is on the Minbar delivering the khutbah.

The author of the Mudawwanah said:

“And Maalik said: and crossing over necks is disliked if the Imaam has come out and sat already in the minbar. Whosoever crosses others in such a situation is the one to whom the hadith refers. But the one who does that before that has no blame on him especially if he sees some space ahead of him and he crosses over to fill it.”

The third and sound verdict that is positioned by the Fuqahaa is the position held by Imaam Ibn Al-Mundhir, Ibn Taymiyya among the Hanbalis, An-Nawawi of the Shafi’is and Ibn ‘Abdilbarr of the Malikis. That it is unrestrictedly forbidden.

Imaam Ibn Al-Mundhir said:

“That is because to hurt a d discomfort others, whether much or less is forbidden and this is a form of discomfort and harm.”

Al-Majmu’ 4/467

Imaam Ibn Abdul Barr – rahimahullaah – said:

“The action word ‘you have discomfort…’ Is the proof that crossing over people is a form of discomfort. And it is not permissible to discomfort the Muslim, Jumu’a or not.”

At-Tamhid 1/316

Imaam An-Nawawi – rahimahullaah – said:

“The position we choose is that crossing over the necks of people is Haraam. This is due to the Ahaadith that have been transmitted in that regard.”

Rawdatu At-Taalibin 11/224

What if the purpose of crossing over people was to fill in some space in the front rows?

The Ulamā differ in this regard.

Imaam An-Nawawi – rahimahullāh – said:

“If other than the Imām sees a space in front of the people to which he cannot reach unless by crossing over, the Fellows (of our School) hold that in this case it is not disliked to cross over and that is because the sitters are by so doing negligent. And the situation is same, whether there is an alternative position for him to sit or not, whether it is distant or near. But t is preferred that if he finds a better way other than crossing over that he should take that way and if there is no other way unless by crossing over and there is a way that he can limit the number of people he crosses over to two, then he should do that. And if the free space is distant and he hopes that when the Salaat is about to begin, the people will full it, then it is better that he sits in his position and not cross over. Otherwise, he should cross over.”

Shar’hu Al-Muhadhdhab

Imaam Ibn Qudaamah Al-Maqdisi – rahimahullah – in Al-Mughni made reference to the Hanbali position on this which is very similar to the Shafi’i position mentioned by An-Nawawi as quoted.

The Malikis and the Hanafis hold that unrestrictedly, such a situation warrants crossing over.

That said, it should be known that it is an agreed-upon ruling in Islam that it is completely Haraam to discomfort or harm another Muslim.

In the Qur’an, Allāh – ta’aala said:

﴿ ﻭَﺍﻟَّﺬِﻳﻦَ ﻳُﺆْﺫُﻭﻥَ ﺍﻟْﻤُﺆْﻣِﻨِﻴﻦَ ﻭَﺍﻟْﻤُﺆْﻣِﻨَﺎﺕِ ﺑِﻐَﻴْﺮِ ﻣَﺎ ﺍﻛْﺘَﺴَﺒُﻮﺍ ﻓَﻘَﺪِ ﺍﺣْﺘَﻤَﻠُﻮﺍ ﺑُﻬْﺘَﺎﻧﺎً ﻭَﺇِﺛْﻤﺎً ﻣُﺒِﻴﻨﺎً﴾ . ‏[ ﺳﻮﺭﺓ ﺍﻷﺣﺰﺍﺏ ﺍﻵﻳﺔ : 58

” And those who annoy, discomfort or hurt believing men and women undeservedly, bear (on themselves) a calumny and a glaring sin.”

Therefore, beloved one, with respect to your question, if by your act, there is any form of discomfort to any of the people in the Masjid, it is haram for you to pass through as you have described.

Allāh knows best.

Bārakallāhu Fīkum
Jazākumullāhu Khayran.

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